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09.26.16 Packet
CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, September 26, 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. ORDER OF BUSINESS (I) Roll Call – Begin with Alderman Holmes (II) Mayor Public Announcements and Proclamations (III) City Manager Public Announcements Public Technology Institute 2016 Tech Savvy City Award Presentation on Rebuilding Evanston Project Presentation of President’s Freedom Award to Sergeant Tracy Williams by the Evanston Fourth of July Association Review of Summer Programs by City of Evanston’s Library and Parks, Recreation & Community Services Departments (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) Consent Agenda: Alderman Rainey 1 of 326 City Council Agenda September 26, 2016 Page 2 of 7 (VII) Report of the Standing Committees Administration & Public Works - Alderman Braithwaite Planning & Development - Alderman Wilson Human Services - Alderman Fiske (VIII) Call of the Wards (Aldermen shall be called upon by the Mayor to announce or provide information about any Ward or City matter which an Alderman desires to bring before the Council.) {Council Rule 2.1(10)} (IX) Executive Session (X) Adjournment CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting September 12, 2016 and September 19, 2016. For Action ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) Payroll – through September 4, 2016 $ 2,815,625.53 (A2) FY2016 City of Evanston Bills – September 27, 2016 $ 3,286,013.25 For Action (A3.1) Purchase and Installation of Recording Studio Equipment at the Delores A. Holmes Recording Studio in Gibbs-Morrison Cultural Center from Gand Sound Installations Staff recommends that City Council award the contract to provide all recording studio equipment and installation of the Delores A. Holmes Recording Studio at Gibbs-Morrison Cultural Center to Gand Sound Installations (1107 Mark St., Elk Grove, IL 60007) in the amount of $23,223.11. In April of 2016, Northwestern University donated $25,000.00 to the Gibbs-Morrison Cultural Center to purchase equipment and instruments to outfit the recording studio. The recording studio will be named the Delores A. Holmes Recording Studio at Northwestern University’s request. Funding will be from the Gibbs-Morrison Cultural Center general fund (Account 100.30.3225.65515). For Action 2 of 326 City Council Agenda September 26, 2016 Page 3 of 7 (A3.2) Change Order No. 2 to Agreement with Kovilic Construction Company, Inc. for Church Street Boat Ramp Improvements Staff recommends City Council authorize the City Manager to approve Change Order #2 for the Church Street Boat Ramp Improvements (Bid No. 15-29) which modifies the project’s completion date to December 31, 2016. There is no change to the project cost. Funding is provided from Capital Improvement Program (CIP) General Obligation Bonds (Accounts 415.26.4150.65515 – 416127 and 415.26.4150.65515 – 416456). This project was budgeted at $670,000 in FY 2015 ($470,000 in Account 416127 and $200,000 in Account 416456). For Action (A3.3) Change Order No. 2 to Agreement with Schroeder & Schroeder Inc. for 50/50 Sidewalk Replacement Project Staff recommends that City Council authorize the City Manager to execute Change Order No. 2 to the contract for the 2016 50/50 Sidewalk Replacement Project (Bid No. 16-37) with Schroeder & Schroeder Inc. (7306 Central Park Avenue, Skokie, IL 60076) in the amount of $17,501. Change Order No. 1 increased the contract amount from $200,640 to $215,660. Proposed Change Order No. 2 will increase the contract amount to $233,161. Funding for this work will be from the Neighborhood Traffic Calming and Pedestrian Safety (Account 415.40.4116.65515 – 416515) which has $100,000 budgeted in 2016. For Action (A3.4) Change Order No. 4 to Agreement with Nesko Electric Company for Police/Fire Headquarters Data Center - Emergency Construction Services Staff recommends City Council authorize the City Manager to approve Change Order #4 for the Police/Fire Headquarters Data Center Emergency Construction Services project which increases the contract amount from $159,708 to $171,082 and modifies the project’s completion dates to December 31, 2016. Funding for the project is provided from the Capital Improvement Program (CIP) General Obligation Bonds (Account 415.40.4116.65502 – 415179) and from E911 Funds (Account 205.22.5150.65625). This change order is funded from Facilities Contingency, which was budgeted at $200,000 in FY 2016 and has a remaining balance of $42,604. For Action (A3.5) Agreement with District 65 for Road Salt Sale Staff is recommending City Council authorize the City Manager to sign an agreement with Evanston School District 65 for the sale of rock salt in the amount of $56.33 per ton for the period November 15, 2016 to April 15, 2017. This price includes a 10% administration and handling fee. This price reflects a $20.38 decrease in price as the overall price of salt has decreased. For Action 3 of 326 City Council Agenda September 26, 2016 Page 4 of 7 (A3.6) Agreement with District 202 for Road Salt Sale Staff is recommending City Council authorize the City Manager to sign an agreement with Evanston School District 202 for the sale of rock salt in the amount of $56.33 per ton for the period November 15, 2016 to April 15, 2017. This price includes a 10% administration and handling fee. This price reflects a $20.38 decrease in price as the overall price of salt has decreased. For Action (A3.7) Purchase of Trees and Planting Services for Fall Planting from Suburban Tree Consortium Staff recommends City Council approve the purchase of 70 trees and planting services for 75 trees from Suburban Tree Consortium in the amount of $32,191.60. Funding for this purchase is provided from three sources. The first is a general fund line item in the Forestry Division budget (Account 100.40.4320.65005). The total budget within this line item is $90,000 which is used for both the spring and fall planting seasons. The second source of funding is the “Replant Express” program (Account 100.40.4320.65005). This program allows residents to pay $250 to be added to our planting list immediately, rather than waiting the two years it typically takes for a replacement tree. There are twenty-three additional trees being planted through this program which generated $5,750 in payments. The third source is from donations to the I Heart Evanston Trees fund (Account 100.40.4105.53737), which has generated $5,147 so far in 2016. For Action (A3.8) Purchase of Subscription to Law Enforcement Policy Manual and Daily Training Bulletin Service from Lexipol Staff recommends the City Council authorize the City Manager to execute a contract for the purchase of a yearly subscription to the Law Enforcement Policy Manual and Daily Training Bulletin Service from Lexipol (6B Liberty, Suite 200, Aliso Vlejo, CA 92656). The annual subscription cost for the web-based service is $23,246.00. There is also a one-time Implementation fee of $13,110.00 to review and update our current policies. Lexipol is offering a 10% discount on the implementation fee, which would bring the cost down to $11,799.00 if an agreement is received before September 30, 2016. The expenditure for this project will be charged to Police Administration – Service Agreements/Contract (Account 100.22.2205.62509). For Action 4 of 326 City Council Agenda September 26, 2016 Page 5 of 7 (A3.9) Two Year Contract with Third Millennium Associates, Inc. for Print, Mail and Fulfillment Services for Wheel Tax Renewal Process Staff recommends that the City Council authorize the City Manager to execute a 2 year contract, with 2 one year renewal options, with Third Millennium Associates, Inc. (4200 Cantera Drive, Suite 105, Warrenville, IL 60555) in the amount of $37,000 to provide City Vehicle Sticker print, mail and fulfillment services. Funding will come from the Licensing/Regulatory Supplies Fund (Account 100.15.1560.65045) with a Budget of $37,000. For Action (A4) Resolution 63-R-16, Lease Agreements with United States Postal Service for Parking in City Parking Garage, 1800 Maple Avenue, and City Parking Lot 25, 1612-1616 Maple Avenue Staff recommends that the City Council authorize the City Manager to enter into a lease renewal with the US Postal Service (USPS) Facilities Real Estate Division (7029 Albert Pick Road, Greensboro, N.C., 27498-1103) for the parking of Postal Service Vehicles in Lot 25, 1612-1616 Maple Avenue and the Maple Avenue Self Park, 1800 Maple Avenue. Projected total revenue for the period from 11/1/2016 – 10/31/2018 is $155,040. For Action (A5) Ordinance 33-O-16, Amending City Code Title 4 to Add Chapter 22 – Building Energy and Water Use Benchmarking Ordinance City staff along with the Utilities Commission recommends that City Council move to adopt Ordinance 33-O-16 Building Energy and Water Use Benchmarking. Since the August 15, 2016 A&PW Committee meeting staff, as requested, revised ordinance section 4-22-11 reducing the penalty amount to $100 for each offense per month. Staff believes that the reduced penalty will be sufficient to compel compliance with the ordinance. For Action (A6) Ordinance 120-O-16, Authorizing Sale of Surplus Fleet Vehicle Owned by the City of Evanston Staff recommends that City Council adopt Ordinance 120-O-16 which directs the City Manager to offer the sale of vehicles owned by the City through public auction at the special Northwest Municipal Vehicle Auction being sponsored by America’s Auto Auctions on or around Tuesday, October 25, 2016 or any other subsequent America’s Online Auction as these vehicles become available, on a timely basis, as a result of new vehicle replacements being placed into service. For Action 5 of 326 City Council Agenda September 26, 2016 Page 6 of 7 (A7) Ordinance 118-O-16, Amending City Code Section 3-4-6 by Creating the New Class P-4 Liquor License Local Liquor Commissioner recommends City Council adoption of Ordinance 118-O-16, amending City Code Section 3-4-6 by creating the new Class P-4 Liquor License. The City of Evanston does not have annual liquor license tailored to craft wineries allowing the sale of wine for exclusively off-site consumption. A representative of North Shore Cider Company approached the Liquor Control Review Board requesting the addition of a new annual liquor license for such craft winery business models. Cider is defined as wine under Illinois law. Ordinance 118-O-16 allows craft wineries the sale of wine for only off-site consumption. This Ordinance imposes pertinent requirements onto craft wineries that harmonize with current craft brewery requirements. For Action (A8) Ordinance 113-O-16, Increasing the Number of Class R Liquor Licenses for Northwestern University Kellogg School of Management Local Liquor Commissioner recommends City Council adoption of Ordinance 113-O-16, amending Evanston City Code Subsection 3-4-6-(R) to increase the number of authorized Class R liquor licenses from two (2) to three (3) and permit issuance of a Class R license to Northwestern University d/b/a Northwestern University Kellogg School of Management at 2211 Campus Drive. For Action PLANNING & DEVELOPMENT COMMITTEE (P1) Ordinance 123-O-16, Granting a Special Use for a Type 2 Restaurant, Viet Nom Nom, at 618 ½ Church St. The Zoning Board of Appeals and City staff recommend adoption of Ordinance 123-O-16 granting special use approval for a Type 2 Restaurant, Viet Nom Nom, at 618 ½ Church St. in the D3 Downtown Core Development District. The applicant has complied with all zoning requirements and meets all of the standards for a special use for this district. Alderman Wilson requests suspension of the Rules for Introduction and Action by City Council on September 26, 2016. For Introduction and Action (P2) Ordinance 115-O-16, Planned Development at 824-828 Noyes Street The Plan Commission and staff recommend adoption of Ordinance 115-O-16 for approval of the Planned Development at 824-828 Noyes Street. The 4-story 44- unit mixed-use residential building would have a 3,200 square foot ground floor commercial space and 35 parking spaces on site. The development includes 5 site development allowances for: 44 dwelling units; a proposed height of 52 ft.; 35 parking spaces; 5’ east side yard building setback and 1’ rear yard parking setback. For Action 6 of 326 City Council Agenda September 26, 2016 Page 7 of 7 RULES COMMITTEE (O1) Ordinance 107-O-16, Consolidating the City of Evanston Sign Review and Appeals Board into the Design and Project Review Committee City staff recommends approval of Ordinance 107-O-16 to consolidate the powers and duties of the Sign Review and Appeals Board (SRAB) into the powers and duties of the Design and Project Review Committee. The ordinance also eliminates the SRAB. For Action MEETINGS SCHEDULED THROUGH OCTOBER 15 2016 Upcoming Aldermanic Committee Meetings Tues, Sept 27 7:00 PM Housing & Community Development Act Committee Wed, Sept 28 6:00 PM Transportation/Parking Committee Wed, Sept 28 7:00 PM Economic Development Committee Tues, Oct 4 6:00 PM Special Executive Session Tues, Oct 4 7:00 PM Human Services Committee Thurs, Oct 6 7:00 PM Housing and Homelessness Comission Mon, Oct 10 6:00 PM A&PW, P&D, City Council meetings 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. 7 of 326 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, September 12, 2016 Roll Call: Alderman Wynne Alderman Revelle Alderman Wilson Alderman Rainey Alderman Holmes Alderman Fiske Alderman Tendam Alderman Braithwaite Presiding: Mayor Pro-tem Alderman Donald Wilson The Regular Meeting of the City Council was called to order at 8:07 PM. Mayor Public Announcements and Proclamations Presentation by Illinois Municipal Retirement Fund in Honor of its 75th Anniversary was made by Louis Koceba, Executive Director of IMRF. IMRF was established in 1939 and started operations in 1941 with 5 units of government and Evanston was one of the founding units. Starting off there were 910 participants, 174,000 active members, and 110,000 retirees, 100,002 Evanston employees have benefited from enrollment into IMRF. He then gave Mayor Pro-Tem Wilson with a Shadow Box of events. City Manager Public Announcements Presentation on Managing to Livability’s Planning Initiative was presented by Katherine Hurley. She stated how staff is working to make Evanston the most livable city in America. Planning sessions will occur in the near future to collaborate on ideas. A dash board will be initiated to articulate how each project will relate to the livability goals. She finally spoke of the 7 basic goals and elements. Recognition of Fire Chief Greg Klaiber Upon His Retirement, was presented by City Manager as he spoke of the Chief’s 31 years of service. He reaffirmed the Chief’s importance to the city and how missed he will be. He then presented Chief Klaiber with a plaque of gratitude. Klaiber then spoke of his experience and the growth he attained, as he praised his staff Clerk Greene, the Council, and staff. He also gave a few statistics, and stated they have done more with less, but we can’t do more with any less. He also introduced his wife, whom he called the rock he stands on. City Manager then mentioned the NU football game against Duke this Saturday, Kits and Cats rally Friday, bike the ridge, budget events, and the Mashup on Tuesday. Communications: City Clerk 8 of 326 City Council Agenda September 12, 2016 Page 2 of 12 City Clerk Greene made these following announcements: 1) Mention the City Clerk’s Office hours 2) Gave information for obtaining a passport as well as the fees, and no appointment is necessary 3) Mentioned the YWCA’s recognition awards service honoring women who have made an impact on the city and residents. Evonda Thomas-Smith will be honored at the 4) Dae Dae event will be held at the Fleetwood/Journdaine 5) He received a petition with 227 signatures requesting the removal of the dangerous bike lanes on Church and Dodge. Presentation by Clerk Greene - Elected or Employed This presentation will be inserted into the minutes as detailed during the Council meeting. A short synapsis concerned the identification of the elected position of the City Clerk, and how it is related through other governmental agencies. Public Comment Residents speaking on the Bike Lanes: Catherien Feeus Jean Sandford Ethan Spotts Vickie Jacobsen Peter Glaser Stuart Kipins Bonnie Kustner Will Althouse Ann Bashook Leiner George Feeney Catherine Bridges Mike Morrow Residents speaking on Harley/Clarke: Herb Harms Mike Lohr Lauri McFarlane John Walsh Herb Harms Patricia A. Efiom Junad Rixza Residents speaking on Benchmarking Ordinance: Patrick Hughes Jonathan Neuwsma Michael Drenn Residents speaking on North Shore Towing: Betty Ester Residents speaking on Compensation for City Clerk Prisicilla Giles Bennett Johnson 9 of 326 City Council Agenda September 12, 2016 Page 3 of 12 SPECIAL ORDERS OF BUSINESS (SP2) Dodge Avenue Bike Lane Presentation Staff will provide a presentation and answer questions related to the Dodge Avenue bike lanes which were installed in July 2016, and requests direction from the City Council. For Action Held over to the October 24th.2016 council meeting . (SP3) Continuation of Discussion on Next Steps for Harley Clarke Property Staff recommends that the City Council continue discussion on proposals for the future of the Harley Clarke Mansion and provide direction to staff. For Action This item was passed by a 9-0 Vote with amendments. Items not approved on Consent Agenda: (SP1) Ordinance 121-O-16, Rescinding the Evanston Landmark Designation for 2623 Lincoln Street Preservation Commission and Staff recommend City Council deny Ordinance 121-O-16 for approval of application for rescission of landmark designation of the house at 2623 Lincoln St. The Preservation Commission found the house at 2623 Lincoln Street meets the Preservation Ordinance criteria for landmark designation. For Introduction (P1) Ordinance 115-O-16, Planned Development at 824-828 Noyes Street The Plan Commission and staff recommend adoption of Ordinance 115-O-16 for approval of the Planned Development at 824-828 Noyes Street. The 4-story 44- unit mixed-use residential building would have a 3,200 square foot ground floor commercial space and 35 parking spaces on site. The development includes 5 site development allowances for: 44 dwelling units; a proposed height of 52 ft.; 35 parking spaces; 5’ east side yard building setback and 1’ rear yard parking setback. For Introduction (O2) Funding Support and Reimbursement to Sunshine Enterprises Staff and the Economic Development Committee recommend: 1) reimbursement of $22,500 to Sunshine Enterprises for completing the spring 2016 Community Business Academy cohort and; 2) approval of funding for the fall 2016 cohort in an amount not to exceed $50,000 to help facilitate business creation opportunities for primarily low- and moderate-income Evanston residents. Staff recommends utilizing funds from the Community Development Block Grant Economic Development Fund (Account No. 215.21.5260.63064) (revolving loan fund and entitlement). For Action 10 of 326 City Council Agenda September 12, 2016 Page 4 of 12 (O8) 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 (O9) 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 CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting August 15, 2016. For Action ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) Payroll – July 25, 2016 through August 07, 2016 $ 3,076,434.14 Payroll – August 08, 2016 through August 21, 2016 $ 2,972,569.64 (A2) FY2016 City of Evanston Bills – September 13, 2016 $ 6,396,887.02 Credit Card Activity for Period Ending July 31, 2016 $ 177,732.56 For Action (A3.1) Purchase of a Fleet Telematics/Automatic Vehicle Locator from Verizon Staff recommends City Council authorize the City Manager to enter into an agreement with Verizon (9868 Scranton Road, San Diego, CA) for the purchase of a Fleet Telematics/Automatic Vehicle Locator (AVL) system via the General Services Administration contract. There is a one-time expense of $20,108.41 for the AVL devices and a recurring monthly expense of $3,164.65 for the AVL service. Funding for the device cost of $20,108.41 is provided from the Public Works Agency line item 100.40.4550.65015 that has a 2016 budget of $356,500.00. The monthly AVL expenses of $3,164.65 will be charged back to individual business units based on the number of vehicle devices being used at 11 of 326 City Council Agenda September 12, 2016 Page 5 of 12 the time the AVL system goes live. For Action (A3.2) Five Year Single Source Contract with North Shore Towing for Towing and Other Related Services The Transportation/Parking Committee and staff recommend that the City Council authorize the City Manager to enter into a five (5) year single source contract with North Shore Towing (2527 Oakton Street, Evanston, IL 60202) for towing and other related services effective October 1, 2016 – September 30, 2021. The annual estimated expenditure of the vehicle immobilization program is $45,000. Funding will be provided from the Parking Enforcement- General Fund (Account 100.19.1941.62451). For Action (A3.3) Contact with SunGard Public Sector for Purchase of an Arrest and Citation Application Staff recommends the City Council authorize the City Manager to execute a contract for the purchase of an Arrest and Citation Application from SunGard Public Sector (4000 OSSI Court, High Point, NC 27265). The applications, installation, and training on its usage will cost $30,270.00. The expenditure for this purchase will be charged to Account 100.22.2205.62509. The costs of the application will be covered by budgetary savings in Account 100.22.2280.62270, which has a budget of $35,000. For Action (A3.4) Agreements with The Owens Group, Inc. and Arthur J. Gallagher & Co. for Insurance Brokerage Services Staff recommends City Council award and approve agreements with The Owens Group, Inc., and Arthur J. Gallagher & Co. for insurance brokerage services at a total cost of $43,000 per year, for the next 3 years. Funding will be provided from the Insurance Fund (Accounts 605.99.7800.62615 and 66044). For Action (A3.5) Contract with G.E. Riddiford Company, Inc. for James Park Field House Roofing and Siding Replacement Staff recommends City Council authorize the City Manager to execute a contract for the James Park Field House Roofing and Siding Replacement (Bid No. 16-60) with G. E. Riddiford Company, Inc. (2333 Hamilton Road, Arlington Heights, IL. 60005) in the amount of $49,473.00. Funding will be provided from the Capital Improvement Fund 2016 GO Bond (Account 415.40.4116.65515 – 616010). This project was budgeted at $80,000 in the FY 2016. For Action (A3.6) Purchase of Riding Mower from Reinders, Inc. Staff recommends the City Council award the purchase of a Toro Groundsmaster riding mower, model GM3280-D, from Reinders, Inc. (3816 Carnation Street, Franklin Park, IL 60131) in the amount of $22,983.92. Funding for this purchase 12 of 326 City Council Agenda September 12, 2016 Page 6 of 12 will be from the Greenways Division General Fund (Account 100.40.4330.65550) with a budget of $39,100. For Action (A4) Ordinance 33-O-16, Amending City Code Title 4 to Add Chapter 22 – Building Energy and Water Use Benchmarking Ordinance City staff along with the Utilities Commission recommends that City Council move to adopt Ordinance 33-O-16 Building Energy and Water Use Benchmarking. Since the August 15, 2016 A&PW Committee meeting staff, as requested, revised ordinance section 4-22-11 reducing the penalty amount to $100 for each offense per month. Staff believes that the reduced penalty will be sufficient to compel compliance with the ordinance. For Introduction This item was held in committee. (A5) Ordinance 119-O-16, Amending City Code Section 10-11-4 to Make the Alley East of Eastwood Street One-Way Staff recommends City Council adopt Ordinance 119-O-16 Amending City Code Section 10-11-4, Schedule IV(A), to make the Alley east of Eastwood Street one- way northbound only, between the first alley north of Central Street to Isabella Street. Funding for the signs and sign posts will be from the Traffic Signal and Street Light Maintenance Fund (Account 100.40.4520.65070). Employees from the Traffic Division will install the signs. For Introduction (A6) Ordinance 120-O-16, Authorizing Sale of Surplus Fleet Vehicle Owned by the City of Evanston Staff recommends that City Council adopt Ordinance 120-O-16 which directs the City Manager to offer the sale of vehicles owned by the City through public auction at the special Northwest Municipal Vehicle Auction being sponsored by America’s Auto Auctions on or around Tuesday, October 25, 2016 or any other subsequent America’s Online Auction as these vehicles become available, on a timely basis, as a result of new vehicle replacements being placed into service. For Introduction (A7) Ordinance 118-O-16, Amending City Code Section 3-4-6 by Creating the New Class P-4 Liquor License Local Liquor Commissioner recommends City Council adoption of Ordinance 118-O-16, amending City Code Section 3-4-6 by creating the new Class P-4 Liquor License. The City of Evanston does not have annual liquor license tailored to craft wineries allowing the sale of wine for exclusively off-site consumption. A representative of North Shore Cider Company approached the Liquor Control Review Board requesting the addition of a new annual liquor license for such craft winery business models. Cider is defined as wine under Illinois law. Ordinance 118-O-16 allows craft wineries the sale of wine for only off-site consumption. This Ordinance imposes pertinent requirements onto craft wineries that harmonize with current craft brewery requirements. 13 of 326 City Council Agenda September 12, 2016 Page 7 of 12 For Introduction (A8) Ordinance 111-O-16, Decreasing the Number of Class D Liquor Licenses for Kuni’s Japanese Restaurant Local Liquor Commissioner recommends City Council adoption of Ordinance 111-O-16, amending Evanston City Code Subsection 3-4-6-(D) to decrease the number of authorized Class D liquor licenses from fifty-four (54) to fifty-three (53). Kuni’s Japanese Restaurant, Inc. d/b/a Kuni’s Japanese Restaurant at 511A Main Street is no longer the tenant of the premises as it was sold to a new corporate entity. The new corporate entity submitted an application for a new Class D license under the new corporate ownership. For Introduction Alderman Rainey moved for suspension of the rules and for action. (A9) Ordinance 112-O-16, Increasing the Number of Class D Liquor Licenses for Kuni’s Japanese Restaurant Local Liquor Commissioner recommends City Council adoption of Ordinance 112-O-16, amending Evanston City Code Subsection 3-4-6-(D) to increase the number of authorized Class D liquor licenses from fifty-three (53) to fifty-four (54) and permit issuance of a Class D license to Kuni’s Japanese Restaurant by Jun, Inc. d/b/a Kuni’s Japanese Restaurant, the new corporate tenant of the property located at 511A Main Street. For Introduction Alderman Rainey moved for suspension of the rules and for action. (A10) Ordinance 113-O-16, Increasing the Number of Class R Liquor Licenses for Northwestern University Kellogg School of Management Local Liquor Commissioner recommends City Council adoption of Ordinance 113-O-16, amending Evanston City Code Subsection 3-4-6-(R) to increase the number of authorized Class R liquor licenses from two (2) to three (3) and permit issuance of a Class R license to Northwestern University d/b/a Northwestern University Kellogg School of Management at 2211 Campus Drive. For Introduction (A11) Ordinance 114-O-16, Increasing the Number of Class D Liquor Licenses for Old Neighborhood Grill Local Liquor Commissioner recommends City Council adoption of Ordinance 114-O-16, amending Evanston City Code Subsection 3-4-6-(D) to increase the number of authorized Class D liquor licenses from fifty-four (54) to fifty-five (55) and permit issuance of a Class D license to Old Neighborhood Grill, Inc. d/b/a Old Neighborhood Grill at 2902 Central Street. Alderman Tendam requests suspension of the Rules for Introduction and Action by City Council on September 12, 2016. For Introduction and Action (A12) Ordinance 99-O-16, Decreasing the Number of Class C-1 Liquor Licenses for Bangers and Lace Evanston, LLC, d/b/a Bangers & Lace 14 of 326 City Council Agenda September 12, 2016 Page 8 of 12 Staff recommends City Council adoption of Ordinance 99-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 three (3) to two (2). Bangers and Lace Evanston, LLC, d/b/a Bangers & Lace (810 Grove Street) representative Jason Freiman requested a downgrade of its liquor license from Class C-1 to Class C. For Action (A13) Ordinance 100-O-16, Increasing the Number of Class C Liquor Licenses for Bangers and Lace Evanston, LLC d/b/a Bangers & Lace Staff recommends City Council adoption of Ordinance 100-O-16, which amends Evanston City Code Subsection 3-4-6-(C) to increase the number of authorized Class C liquor licenses from twenty-four (24) to twenty-five (25), and permit issuance of a Class C license to Bangers and Lace Evanston, LLC, d/b/a Bangers & Lace, 810 Grove Street. For Action (A14) Ordinance 105-O-16, Decreasing the Number of Class D Liquor Licenses for Addis Abeba, Inc. d/b/a Addis Abeba Staff recommends City Council adoption of Ordinance 105-O-16, which amends Evanston City Code Subsection 3-4-6-(D) to decrease the number of authorized Class D liquor licenses from fifty-six (56) to fifty-five (55). Addis Abeba, Inc. d/b/a Addis Abeba, 1322 Chicago Avenue, is permanently closed and is therefore not renewing its liquor license. For Action (A15) Ordinance 104-O-16, Amending the Wheel Tax to Provide for a Discounted Rate for Seniors Paying Mid-Year Staff recommends City Council adopt Ordinance 104-O-16 approving a 50% discount to the senior and disabled tax rate on the half year reduced wheel tax rate. The current full year rate for the City Wheel Tax is $75. Seniors and disabled residents are eligible for a 50% discount. On July 1, the rate of the wheel tax for all residents is reduced to $37.50. However, the senior and disabled discount currently does not apply to this reduced rate. Therefore, staff is recommending amending the City Code to allow the senior and disabled 50% reduction to apply to the half year wheel tax rate making their new half year payment $18.75. Staff estimates a minimal impact on revenues. For Action ECONOMIC DEVELOPMENT COMMITTEE (O1) Funding for the West Village Business Association to Purchase Sidewalk Benches Staff and the Economic Development Committee recommend the approval of $3,000 in Great Merchant Grant funding for the West Village Business 15 of 326 City Council Agenda September 12, 2016 Page 9 of 12 Association to be used for purchase and installation of sidewalk benches. Staff is proposing to utilize the Economic Development Fund’s Business District Improvement Fund (Account: 225.15.5300.65522). The adopted 2016 Fiscal Year Budget allocated $250,000 to this account to fund both the Great Merchant Grant Program and the Storefront Modernization Program. To date, $192,056 has been spent from this account, leaving $57,943 available for expenditure. For Action RULES COMMITTEE (O3) Ordinance 107-O-16, Consolidating the City of Evanston Sign Review and Appeals Board into the Design and Project Review Committee City staff recommends approval of Ordinance 107-O-16 to consolidate the powers and duties of the Sign Review and Appeals Board (SRAB) into the powers and duties of the Design and Project Review Committee. The ordinance also eliminates the SRAB. For Introduction (O4) Ordinance 78-O-16, Amending the City Code to Eliminate the Ladd Arboretum Committee and Consolidating its Functions into the Environment Board The Rules Committee and staff recommends City Council adopt Ordinance 79-O- 16, which amends City Code Title 2, Chapter 10 – Environment Board to eliminate the Ladd Arboretum Committee and consolidate its functions into the Environment Board. Rules Committee approved this Ordinance at its August 1, 2016 meeting. For Action (O5) Ordinance 79-O-16, Amending Portions of the City Code Revising the Mental Health Board The Rules Committee and staff recommends City Council adopt Ordinance 79-O- 16, which amends City Code Title 2, Chapter 6 – Mental Health Board by revising the “Purpose” and “Powers and Duties” sections. Rules Committee approved this Ordinance at its August 1, 2016 meeting. For Action (O6) Ordinance 80-O-16, Amending Portions of the City Code Creating an Economic Development Committee The Rules Committee and staff recommend City Council adopt Ordinance 80-O- 16, which amends City Code Title 2, Chapter 12 – Economic Development Committee by revising the “Purpose” and “Powers and Duties” sections. Rules Committee approved this Ordinance at its August 1, 2016 meeting. For Action (O7) Ordinance 103-O-16, Amending Portions of the City Code Codifying the 16 of 326 City Council Agenda September 12, 2016 Page 10 of 12 Housing and Community Development Act Committee The Rules Committee and staff recommend City Council adopt Ordinance 103- O-16, which amends City Code Title 2, Chapter 14 – Housing and Community Development Act Committee by revising the “Membership” section. Rules Committee approved this Ordinance at its August 1, 2016 meeting. For Action APPOINTMENTS (APP1)For Appointment to: Library Board Adam Goodman For Action Alderman Rainey motioned for approval of the Consent Agenda and second by Alderman Items for discussion: (P1) Ordinance 115-O-16, Planned Development at 824-828 Noyes Street The Plan Commission and staff recommend adoption of Ordinance 115-O-16 for approval of the Planned Development at 824-828 Noyes Street. The 4-story 44- unit mixed-use residential building would have a 3,200 square foot ground floor commercial space and 35 parking spaces on site. The development includes 5 site development allowances for: 44 dwelling units; a proposed height of 52 ft.; 35 parking spaces; 5’ east side yard building setback and 1’ rear yard parking setback. For Introduction The Vote to approve was 8-1, with Alderman Fiske voting nay. (O2) Funding Support and Reimbursement to Sunshine Enterprises Staff and the Economic Development Committee recommend: 1) reimbursement of $22,500 to Sunshine Enterprises for completing the spring 2016 Community Business Academy cohort and; 2) approval of funding for the fall 2016 cohort in an amount not to exceed $50,000 to help facilitate business creation opportunities for primarily low- and moderate-income Evanston residents. Staff recommends utilizing funds from the Community Development Block Grant Economic Development Fund (Account No. 215.21.5260.63064) (revolving loan fund and entitlement). For Action The Vote to approve this item was 9-0 and the item passed. (O8) Ordinance 63-O-16, Setting Compensation for Members of the Evanston City Council Following the Report and Recommendations of the Compensation Committee 17 of 326 City Council Agenda September 12, 2016 Page 11 of 12 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 The Vote to approve was 6-3, with Aldermen Wynne, Miller, and Fiske voting nay. (O9) 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 Alderman Miller motioned for a 4%/year increase, but the motion failed for lack of a second. Alderman Wilson motioned for a $10,000 increase and second by Alderman Miller. Roll Call Vote was 9-0 the motion passed. Call of the Wards: Ward 4, Alderman Wynne Ward 5, Alderman Holmes congratulated Sam Johnson for street naming, and ward meeting on Thursday at 7:30 PM. Ward 6, Alderman Tendam had no report. Ward 7, Alderman Revelle ward meeting on September 22, 2016. Ward 8, Alderman Rainey thanked the residents for their concern of the bike lanes, and announced Ward 9, Alderman Miller made a request for staff to consider pregnancy policy, and to Create a quite zone around Ridge and Oakton. Ward 1, Alderman Fiske made a recommendation to Planning Commission. Ward 2, Alderman Braithwaite thanked the persons for coming out concerning the bike lanes in the second and fifth ward. Ward 3, Alderman Wilson 18 of 326 City Council Agenda September 12, 2016 Page 12 of 12 Alderman Wilson motioned to convene into Executive Session to discuss Litigation and Minutes it was seconded by many Aldermen. The Regular meeting of the City Council ended at 11:40PM. Submitted by, Rodney Greene, MMC City Clerk 19 of 326 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, September 19, 2016 Roll Call: Alderman Wynne Alderman Revelle Alderman Wilson Alderman Rainey Alderman Holmes Alderman Fiske Alderman Tendam Alderman Braithwaite Presiding: Mayor Tisdahl The Regular Meeting of the City Council was called to order at 7:07 PM. Mayor Public Announcements and Proclamations Mayor stated she had no announcements or Proclamations. City Manager Public Announcements The City Manager announced a Multi-Media Budget Outreach Meeting on September 21, 2016 from 7 PM – 9 PM. He will focus on Cable channel live, and will be looking for questions submitted on Facebook & Twitter. Alderman Rainey spoke on the Bike-The-Ridge Event on September 25, 2016, and she said you do not have to start Howard or Church, but you can enter Ridge at any point. Katty Knapp, Transportation & Mobility Coordinator stated Mayor Tisdahl will kick-off the event at 9 Am at Ridge Ave & Howard Street. Bike repairs, free helmets while supplies last. She also listed the supporters of Bike The Ridge. There will be many activities available for the public and information will be on the city’s website. Communications: City Clerk The Clerk announced the start date to collect signatures on the candidates petitions is Wednesday, September 21, 2016. Public Comment Junad Rizki praised the service that Alderman Revelle has rendered to the residents in her ward. He then turned his attention to the City Manager and his opinion of his less than perfect performance. 20 of 326 Alderman Rainey responded to the resident’s public comments and stated “the time has come when we cannot allow crazy nonsense speak about our water, it is nuts and I’m not going to sit here and listen, and not one Alderman on this Dias ought to allow it either. It’s stupid and it’s dangerous”. Mr. Stoneback, Public Works Agency Director stated Evanston has been in a law-suite with NICOR & COMED concerning materials that were found in the water around James Park. These materials have been proven not to be harmful to the residents, also from the testing of the water it was discovered the concentrations were below the standard of the compounds that were found. SPECIAL ORDERS OF BUSINESS (SP1) Update on Water & Sewer Operations and Funding Staff will provide an update on the status of the water & sewer funds capital projects, operational plans, water sales to other municipalities and other issues. For Discussion The City Manager announced and introduced the Village Managers of Niles and Morton Grove as discussions have progressed to selling water to those two villages. After the City Manager explained the reason for tonight’s session, he also commented on the despairing remarks made by a resident concerning the status of the water & sewer with false statements. Mr. Stoneback started by sharing a power-point presentation concerning the water and he introduced Laura Biggs, Capital Planning Bureau Chief. She explained the three systems of the water fund, and how each system functions. Mr. Stoneback returned to discuss the financial goals for both the water 3.5 million in the fund) & sewer funds, and to keep 2.5m (in the sewer fund), but he would like to reduce the fees to the residents. He stated he will be coming back later this year to request the purchase of a computerized maintenance management system. Aldermen commented on the following concerns: • Water main replacements that are more than 100 years old. • Comparison with other municipalities water rate with Evanston • Does the number include the Chicago’s water rate? • Is a tax paid on the water rate after the homeowner pays their water rate? • What is the life cycle of the water meters? • What is the overall percentage of the water & sewer funds for the citizens? • 21 of 326 Call of the Wards: Ward 4, Alderman Wilson had no report Ward5, Alderman Holmes had no report Ward 6, Alderman Tendam had no report Ward 7, Alderman Revelle having 7th ward meeting Thursday, 2701 Ashland. Ward 8, Alderman Rainey praised the Mayor for her promoting the water sell to other communities. Ward 9, Alderman Miller had no report Ward 1, Alderman Fiske NU city meeting in Aldermanic Library tomorrow. Ward 2, Alderman Braithwaite had no report Ward 3, Alderman Wynne had no report Alderman Wilson made a motion to convene into Executive Session to discuss Personnel; it was second by Alderman Holmes. A Voice Vote was taken and the Regular Meeting of the City Council ended at 8:27 PM. Submitted by; Rodney Greene, MMC City Clerk 22 of 326 ADMINISTRATION & PUBLIC WORKS COMMITTEE Monday, September 26, 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 BRAITHWAITE, CHAIR II. APPROVAL OF MINUTES OF REGULAR MEETING OF SEPTEMBER 12, 2016 III. ITEMS FOR CONSIDERATION ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) Payroll – through September 4, 2016 $ 2,815,625.53 (A2) FY2016 City of Evanston Bills – September 27, 2016 $ 3,286,013.25 For Action (A3.1) Purchase and Installation of Recording Studio Equipment at the Delores A. Holmes Recording Studio in Gibbs-Morrison Cultural Center from Gand Sound Installations Staff recommends that City Council award the contract to provide all recording studio equipment and installation of the Delores A. Holmes Recording Studio at Gibbs-Morrison Cultural Center to Gand Sound Installations (1107 Mark St., Elk Grove, IL 60007) in the amount of $23,223.11. In April of 2016, Northwestern University donated $25,000.00 to the Gibbs-Morrison Cultural Center to purchase equipment and instruments to outfit the recording studio. The recording studio will be named the Delores A. Holmes Recording Studio at Northwestern University’s request. Funding will be from the Gibbs-Morrison Cultural Center general fund (Account 100.30.3225.65515). For Action 23 of 326 (A3.2) Change Order No. 2 to Agreement with Kovilic Construction Company, Inc. for Church Street Boat Ramp Improvements Staff recommends City Council authorize the City Manager to approve Change Order #2 for the Church Street Boat Ramp Improvements (Bid No. 15-29) which modifies the project’s completion date to December 31, 2016. There is no change to the project cost. Funding is provided from Capital Improvement Program (CIP) General Obligation Bonds (Accounts 415.26.4150.65515 – 416127 and 415.26.4150.65515 – 416456). This project was budgeted at $670,000 in FY 2015 ($470,000 in Account 416127 and $200,000 in Account 416456). For Action (A3.3) Change Order No. 2 to Agreement with Schroeder & Schroeder Inc. for 50/50 Sidewalk Replacement Project Staff recommends that City Council authorize the City Manager to execute Change Order No. 2 to the contract for the 2016 50/50 Sidewalk Replacement Project (Bid No. 16-37) with Schroeder & Schroeder Inc. (7306 Central Park Avenue, Skokie, IL 60076) in the amount of $17,501. Change Order No. 1 increased the contract amount from $200,640 to $215,660. Proposed Change Order No. 2 will increase the contract amount to $233,161. Funding for this work will be from the Neighborhood Traffic Calming and Pedestrian Safety (Account 415.40.4116.65515 – 416515) which has $100,000 budgeted in 2016. For Action (A3.4) Change Order No. 4 to Agreement with Nesko Electric Company for Police/Fire Headquarters Data Center - Emergency Construction Services Staff recommends City Council authorize the City Manager to approve Change Order #4 for the Police/Fire Headquarters Data Center Emergency Construction Services project which increases the contract amount from $159,708 to $171,082 and modifies the project’s completion dates to December 31, 2016. Funding for the project is provided from the Capital Improvement Program (CIP) General Obligation Bonds (Account 415.40.4116.65502 – 415179) and from E911 Funds (Account 205.22.5150.65625). This change order is funded from Facilities Contingency, which was budgeted at $200,000 in FY 2016 and has a remaining balance of $42,604. For Action (A3.5) Agreement with District 65 for Road Salt Sale Staff is recommending City Council authorize the City Manager to sign an agreement with Evanston School District 65 for the sale of rock salt in the amount of $56.33 per ton for the period November 15, 2016 to April 15, 2017. This price includes a 10% administration and handling fee. This price reflects a $20.38 decrease in price as the overall price of salt has decreased. For Action 24 of 326 (A3.6) Agreement with District 202 for Road Salt Sale Staff is recommending City Council authorize the City Manager to sign an agreement with Evanston School District 202 for the sale of rock salt in the amount of $56.33 per ton for the period November 15, 2016 to April 15, 2017. This price includes a 10% administration and handling fee. This price reflects a $20.38 decrease in price as the overall price of salt has decreased. For Action (A3.7) Purchase of Trees and Planting Services for Fall Planting from Suburban Tree Consortium Staff recommends City Council approve the purchase of 70 trees and planting services for 75 trees from Suburban Tree Consortium in the amount of $32,191.60. Funding for this purchase is provided from three sources. The first is a general fund line item in the Forestry Division budget (Account 100.40.4320.65005). The total budget within this line item is $90,000 which is used for both the spring and fall planting seasons. The second source of funding is the “Replant Express” program (Account 100.40.4320.65005). This program allows residents to pay $250 to be added to our planting list immediately, rather than waiting the two years it typically takes for a replacement tree. There are twenty-three additional trees being planted through this program which generated $5,750 in payments. The third source is from donations to the I Heart Evanston Trees fund (Account 100.40.4105.53737), which has generated $5,147 so far in 2016. For Action (A3.8) Purchase of Subscription to Law Enforcement Policy Manual and Daily Training Bulletin Service from Lexipol Staff recommends the City Council authorize the City Manager to execute a contract for the purchase of a yearly subscription to the Law Enforcement Policy Manual and Daily Training Bulletin Service from Lexipol (6B Liberty, Suite 200, Aliso Vlejo, CA 92656). The annual subscription cost for the web-based service is $23,246.00. There is also a one-time Implementation fee of $13,110.00 to review and update our current policies. Lexipol is offering a 10% discount on the implementation fee, which would bring the cost down to $11,799.00 if an agreement is received before September 30, 2016. The expenditure for this project will be charged to Police Administration – Service Agreements/Contract (Account 100.22.2205.62509). For Action (A3.9) Two Year Contract with Third Millennium Associates, Inc. for Print, Mail and Fulfillment Services for Wheel Tax Renewal Process Staff recommends that the City Council authorize the City Manager to execute a 2 year contract, with 2 one year renewal options, with Third Millennium Associates, Inc. (4200 Cantera Drive, Suite 105, Warrenville, IL 60555) in the amount of $37,000 to provide City Vehicle Sticker print, mail and fulfillment services. Funding will come from the Licensing/Regulatory Supplies Fund (Account 100.15.1560.65045) with a Budget of $37,000. For Action 25 of 326 (A4) Resolution 63-R-16, Lease Agreements with United States Postal Service for Parking in City Parking Garage, 1800 Maple Avenue, and City Parking Lot 25, 1612-1616 Maple Avenue Staff recommends that the City Council authorize the City Manager to enter into a lease renewal with the US Postal Service (USPS) Facilities Real Estate Division (7029 Albert Pick Road, Greensboro, N.C., 27498-1103) for the parking of Postal Service Vehicles in Lot 25, 1612-1616 Maple Avenue and the Maple Avenue Self Park, 1800 Maple Avenue. Projected total revenue for the period from 11/1/2016 – 10/31/2018 is $155,040. For Action IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT 26 of 326 Page 1; Rev. 9/21/2016 2:44:05 PM Administration and Public Works Committee Meeting Minutes of September 12, 2016 James C. Lytle Council Chambers – 6:00 p.m. Lorraine H. Morton Civic Center MEMBERS PRESENT: P. Braithwaite, B. Miller, A. Rainey, M. Wynne, D. Holmes STAFF PRESENT: G. Farrar, E. Storlie, D. Stoneback, T. Nunez, D. King, L. Biggs, J. Maiworm, K. Jensen, E. Sanchez, S. Ciolek, DC Pickett, R. Voss STAFF ABSENT: M. Lyons, W. Bobkiewicz, M. Muenzer, K. Knapp, G. Gerdes, DC Parrott, L. Hemingway, E. Thomas-Smith, R. Dahal, S. Flax, S. Levine, K. Danczak-Lyons, B. Dorneker, J. Shin, A. Thorpe, A. King, M. Masoncup, S. Nagar, K. Richardson, Chief Eddington PRESIDING OFFICIAL: Ald. Miller I. DECLARATION OF A QUORUM: ALDERMAN BRAITHWAITE, CHAIR A quorum being present, Ald. Braithwaite called the meeting to order at 6:07 p.m. II. APPROVAL OF MINUTES OF REGULAR MEETING OF AUGUST 15, 2016 Ald. Wynne moved to accept the Minutes of August 15, 2016 A&PW meeting as submitted, seconded by Ald. Rainey. The Minutes of the August 15, 2016 A&PW meeting were approved unanimously 5-0. III. PUBLIC COMMENT Patrick Hughes, National Electrical Manufacturers Association, supports the benchmarking ordinance. There are studies that support benchmarking and transparency save energy. Cory Lichtenberger of Schneider Electric is in favor of the ordinance. Rich Shurr, Utilities Commission member and Evanston resident noted complaints that he heard the ordinance language is too harsh. He explained it is simply a gentle nudge. Joel Freeman, a 25 year resident at 2151 Hartrey, explained that he is a consultant that performs hospital system energy audits. Once engaged, participants become very motivated. He is in support of the ordinance. John D’Angelo, VP of Facilities at Northwestern supports the ordinance. The university has seen an 11% savings in energy usage since implementing DRAFT - NOT APPROVED 27 of 326 Page 2; Rev. 9/21/2016 2:44:05 PM benchmarking. Their goal is a 20% reduction by 2020. Mr. D’Angelo noted that the language in the ordinance is not a penalty, but rather an incentive. Jonathan Nieuwsma, co-chair of Utilities Commission is in strong support of the ordinance. He noted that Evanston would receive Star Community credit. Nikolei Schouboe, Leslie Shad and Chuck Wasserberg of Citizens for a Greener Evanston are all in support of the ordinance for various reasons including low cost, easy to participate, permits smarter City planning and robust public engagement. IV. ITEMS FOR CONSIDERATION (A1) Payroll – July 25, 2016 through August 07, 2016 $ 3,076,434.14 Payroll – August 08, 2016 through August 21, 2016 $ 2,972,569.64 (A2) FY2016 City of Evanston Bills – September 13, 2016 $ 6,396,887.02 Credit Card Activity for Period Ending July 31, 2016 $ 177,732.56 For Action Ald. Miller moved to recommend approval of the City of Evanston Payroll through August 7, 2016, August 21, 2016, FY 2016 bills through September 13, 2016 and credit card activity for the period ending July 31, 2016, seconded by Ald. Wynne. The Committee voted unanimously 5-0 to approve the payroll, bills and credit card activity. (A3.1) Purchase of a Fleet Telematics/Automatic Vehicle Locator from Verizon Staff recommends City Council authorize the City Manager to enter into an agreement with Verizon (9868 Scranton Road, San Diego, CA) for the purchase of a Fleet Telematics/Automatic Vehicle Locator (AVL) system via the General Services Administration contract. There is a one-time expense of $20,108.41 for the AVL devices and a recurring monthly expense of $3,164.65 for the AVL service. Funding for the device cost of $20,108.41 is provided from the Public Works Agency line item 100.40.4550.65015 that has a 2016 budget of $356,500.00. The monthly AVL expenses of $3,164.65 will be charged back to individual business units based on the number of vehicle devices being used at the time the AVL system goes live. For Action Ald. Rainey moved to recommend City Council authorize the City Manager to enter into an agreement with Verizon for the purchase of a Fleet Telematics/Automatic Vehicle Locator (AVL) system via the General Services Administration contract with a one-time expense of $20,108.41 for the AVL devices and a recurring monthly expense of $3,164.65 for the AVL service, seconded by Ald. Miller. The Committee voted unanimously 5-0 to approve the agreement. 28 of 326 Page 3; Rev. 9/21/2016 2:44:05 PM (A3.2) Five Year Single Source Contract with North Shore Towing for Towing and Other Related Services The Transportation/Parking Committee and staff recommend that the City Council authorize the City Manager to enter into a five (5) year single source contract with North Shore Towing (2527 Oakton Street, Evanston, IL 60202) for towing and other related services effective October 1, 2016 – September 30, 2021. The annual estimated expenditure of the vehicle immobilization program is $45,000. Funding will be provided from the Parking Enforcement- General Fund (Account 100.19.1941.62451). For Action Ald. Holmes moved to recommend that City Council authorize the City Manager to enter into a five (5) year single source contract with North Shore Towing for towing and other related services effective October 1, 2016 – September 30, 2021 for an annual estimated expenditure of the vehicle immobilization program of $45,000, seconded by Ald. Wynne. The Committee voted unanimously 5-0 to approve the contract. (A3.3) Contact with SunGard Public Sector for Purchase of an Arrest and Citation Application Staff recommends the City Council authorize the City Manager to execute a contract for the purchase of an Arrest and Citation Application from SunGard Public Sector (4000 OSSI Court, High Point, NC 27265). The applications, installation, and training on its usage will cost $30,270.00. The expenditure for this purchase will be charged to Account 100.22.2205.62509. The costs of the application will be covered by budgetary savings in Account 100.22.2280.62270, which has a budget of $35,000. For Action Ald. Wynne moved to recommend that City Council authorize the City Manager to execute a contract for the purchase of an Arrest and Citation Application from SunGard Public Sector at a total cost of $30,270.00, seconded by Ald. Miller. The Committee voted unanimously 5-0 to approve the contract. (A3.4) Agreements with The Owens Group, Inc. and Arthur J. Gallagher & Co. for Insurance Brokerage Services Staff recommends City Council award and approve agreements with The Owens Group, Inc., and Arthur J. Gallagher & Co. for insurance brokerage services at a total cost of $43,000 per year, for the next 3 years. Funding will be provided from the Insurance Fund (Accounts 605.99.7800.62615 and 66044). For Action Ald. Miller moved to recommend City Council award and approve agreements with The Owens Group, Inc., and Arthur J. Gallagher & Co. for insurance brokerage services at a total cost of $43,000 per year, for the next 3 years, seconded by Ald. Rainey. At Ald. Braithwaite’s inquiry, Corporation Counsel Grant Farrar explained that 29 of 326 Page 4; Rev. 9/21/2016 2:44:05 PM meetings with each broker to explore their claims history and handling portfolio. The Owens Group demonstrated strong competency in workers compensation claims. Arthur J. Gallagher is the second largest brokerage firm in the world. We hope to use their market presence to leverage the cost of excess liability and property insurance to the City downward. The Committee voted unanimously 5-0 to approve the agreements. (A3.5) Contract with G.E. Riddiford Company, Inc. for James Park Field House Roofing and Siding Replacement Staff recommends City Council authorize the City Manager to execute a contract for the James Park Field House Roofing and Siding Replacement (Bid No. 16-60) with G. E. Riddiford Company, Inc. (2333 Hamilton Road, Arlington Heights, IL. 60005) in the amount of $49,473.00. Funding will be provided from the Capital Improvement Fund 2016 GO Bond (Account 415.40.4116.65515 – 616010). This project was budgeted at $80,000 in the FY 2016. For Action Ald. Rainey moved to recommend City Council authorize the City Manager to execute a contract for the James Park Field House Roofing and Siding Replacement (Bid No. 16-60) with G. E. Riddiford Company, Inc. in the amount of $49,473.00, seconded by Ald. Holmes. The Committee voted unanimously 5-0 to approve the contract. (A3.6) Purchase of Riding Mower from Reinders, Inc. Staff recommends the City Council award the purchase of a Toro Groundsmaster riding mower, model GM3280-D, from Reinders, Inc. (3816 Carnation Street, Franklin Park, IL 60131) in the amount of $22,983.92. Funding for this purchase will be from the Greenways Division General Fund (Account 100.40.4330.65550) with a budget of $39,100. For Action Ald. Holmes moved to recommend City Council award the purchase of a Toro Groundsmaster riding mower, model GM3280-D, from Reinders, Inc. in the amount of $22,983.92, seconded by Ald. Rainey. The Committee voted unanimously 5-0 to approve the purchase. (A4) Ordinance 33-O-16, Amending City Code Title 4 to Add Chapter 22 – Building Energy and Water Use Benchmarking Ordinance City staff along with the Utilities Commission recommends that City Council move to adopt Ordinance 33-O-16 Building Energy and Water Use Benchmarking. Since the August 15, 2016 A&PW Committee meeting staff, as requested, revised ordinance section 4-22-11 reducing the penalty amount to $100 for each offense per month. Staff believes that the reduced penalty will be sufficient to compel compliance with the ordinance. For Introduction Ald. Wynne moved to recommend City Council move to adopt Ordinance 33-O-16 Building Energy and Water Use Benchmarking with revised section 30 of 326 Page 5; Rev. 9/21/2016 2:44:05 PM 4-22-11 reducing the penalty amount to $100 for each offense per month, seconded by Ald. Holmes. The Committee voted unanimously 4-0 to adopt the ordinance. (A5) Ordinance 119-O-16, Amending City Code Section 10-11-4 to Make the Alley East of Eastwood Street One-Way Staff recommends City Council adopt Ordinance 119-O-16 Amending City Code Section 10-11-4, Schedule IV(A), to make the Alley east of Eastwood Street one- way northbound only, between the first alley north of Central Street to Isabella Street. Funding for the signs and sign posts will be from the Traffic Signal and Street Light Maintenance Fund (Account 100.40.4520.65070). Employees from the Traffic Division will install the signs. For Introduction Ald. Revelle requested this item be held in Committee. (A6) Ordinance 120-O-16, Authorizing Sale of Surplus Fleet Vehicle Owned by the City of Evanston Staff recommends that City Council adopt Ordinance 120-O-16 which directs the City Manager to offer the sale of vehicles owned by the City through public auction at the special Northwest Municipal Vehicle Auction being sponsored by America’s Auto Auctions on or around Tuesday, October 25, 2016 or any other subsequent America’s Online Auction as these vehicles become available, on a timely basis, as a result of new vehicle replacements being placed into service. For Introduction Ald. Miller moved to recommend that City Council adopt Ordinance 120-O- 16 which directs the City Manager to offer the sale of vehicles owned by the City through public auction at the special Northwest Municipal Vehicle Auction being sponsored by America’s Auto Auctions on or around Tuesday, October 25, 2016 or any other subsequent America’s Online Auction as these vehicles become available, on a timely basis, as a result of new vehicle replacements being placed into service, seconded by Ald. Holmes. The Committee voted unanimously 5-0 to adopt the ordinance. (A7) Ordinance 118-O-16, Amending City Code Section 3-4-6 by Creating the New Class P-4 Liquor License Local Liquor Commissioner recommends City Council adoption of Ordinance 118-O-16, amending City Code Section 3-4-6 by creating the new Class P-4 Liquor License. The City of Evanston does not have annual liquor license tailored to craft wineries allowing the sale of wine for exclusively off-site consumption. A representative of North Shore Cider Company approached the Liquor Control Review Board requesting the addition of a new annual liquor license for such craft winery business models. Cider is defined as wine under Illinois law. Ordinance 118-O-16 allows craft wineries the sale of wine for only off-site consumption. This Ordinance imposes pertinent requirements onto craft wineries that harmonize with current craft brewery requirements. 31 of 326 Page 6; Rev. 9/21/2016 2:44:05 PM For Introduction Ald. Rainey moved to recommend that City Council adoption of Ordinance 118-O-16, amending City Code Section 3-4-6 by creating the new Class P-4 Liquor License which allows craft wineries the sale of wine for only off-site consumption, seconded by Ald. Rainey. The Committee voted unanimously 5-0 to adopt the ordinance. (A8) Ordinance 111-O-16, Decreasing the Number of Class D Liquor Licenses for Kuni’s Japanese Restaurant Local Liquor Commissioner recommends City Council adoption of Ordinance 111-O-16, amending Evanston City Code Subsection 3-4-6-(D) to decrease the number of authorized Class D liquor licenses from fifty-four (54) to fifty-three (53). Kuni’s Japanese Restaurant, Inc. d/b/a Kuni’s Japanese Restaurant at 511A Main Street is no longer the tenant of the premises as it was sold to a new corporate entity. The new corporate entity submitted an application for a new Class D license under the new corporate ownership. For Introduction Ald. Holmes moved to suspend the rules and recommend that City Council adopt Ordinance 111-O-16, amending Evanston City Code Subsection 3-4- 6-(D) to decrease the number of authorized Class D liquor licenses from fifty-four (54) to fifty-three (53), seconded by Ald. Wynne. The Committee voted unanimously 5-0 to suspend the rules and adopt the ordinance. (A9) Ordinance 112-O-16, Increasing the Number of Class D Liquor Licenses for Kuni’s Japanese Restaurant Local Liquor Commissioner recommends City Council adoption of Ordinance 112-O-16, amending Evanston City Code Subsection 3-4-6-(D) to increase the number of authorized Class D liquor licenses from fifty-three (53) to fifty-four (54) and permit issuance of a Class D license to Kuni’s Japanese Restaurant by Jun, Inc. d/b/a Kuni’s Japanese Restaurant, the new corporate tenant of the property located at 511A Main Street. For Introduction Ald. Holmes moved to suspend the rules and recommend that City Council adopt Ordinance 112-O-16, amending Evanston City Code Subsection 3-4- 6-(D) to increase the number of authorized Class D liquor licenses from fifty-three (53) to fifty-four (54) and permit issuance of a Class D license to Kuni’s Japanese Restaurant by Jun, Inc. d/b/a Kuni’s Japanese Restaurant, the new corporate tenant of the property located at 511A Main Street, seconded by Ald. Wynne. The Committee voted unanimously 5-0 to suspend the rules and adopt the ordinance. (A10) Ordinance 113-O-16, Increasing the Number of Class R Liquor Licenses for Northwestern University Kellogg School of Management 32 of 326 Page 7; Rev. 9/21/2016 2:44:05 PM Local Liquor Commissioner recommends City Council adoption of Ordinance 113-O-16, amending Evanston City Code Subsection 3-4-6-(R) to increase the number of authorized Class R liquor licenses from two (2) to three (3) and permit issuance of a Class R license to Northwestern University d/b/a Northwestern University Kellogg School of Management at 2211 Campus Drive. For Introduction Ald. Wynne moved to recommend that City Council adopt Ordinance 113-O- 16, amending Evanston City Code Subsection 3-4-6-(R) to increase the number of authorized Class R liquor licenses from two (2) to three (3) and permit issuance of a Class R license to Northwestern University d/b/a Northwestern University Kellogg School of Management at 2211 Campus Drive, seconded by Ald. Rainey. The Committee voted unanimously 5-0 to adopt the ordinance. (A11) Ordinance 114-O-16, Increasing the Number of Class D Liquor Licenses for Old Neighborhood Grill Local Liquor Commissioner recommends City Council adoption of Ordinance 114-O-16, amending Evanston City Code Subsection 3-4-6-(D) to increase the number of authorized Class D liquor licenses from fifty-four (54) to fifty-five (55) and permit issuance of a Class D license to Old Neighborhood Grill, Inc. d/b/a Old Neighborhood Grill at 2902 Central Street. Alderman Tendam requests suspension of the Rules for Introduction and Action by City Council on September 12, 2016. For Introduction and Action Ald. Miller moved to suspend the rules and recommend City Council adopt Ordinance 114-O-16, amending Evanston City Code Subsection 3-4-6-(D) to increase the number of authorized Class D liquor licenses from fifty-four (54) to fifty-five (55) and permit issuance of a Class D license to Old Neighborhood Grill, Inc. d/b/a Old Neighborhood Grill at 2902 Central Street, seconded by Ald. Rainey. The Committee voted unanimously 5-0 to suspend the rules and adopt the ordinance. V. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT Ald. Holmes moved to adjourn. The meeting was adjourned at 6:52pm. 33 of 326 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: September 21, 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 – August 22, 2016 through September 04, 2016 $ 2,815,625.53 (Payroll includes employer portion of IMRF, FICA, and Medicare) Bills List – Sept 27, 2016 $ 3,286,013.25 General Fund Amount – Bills list $ 284,001.15 TOTAL AMOUNT OF BILLS LIST & PAYROLL $ 6,101,638.78 *Advanced checks are issued prior to submission of the Bills List to the City Council for emergency purposes, to avoid penalty, or to take advantage of early payment discounts. Attachments: Bills List For City Council meeting of September 26, 2016 Items A1/A2 Business of the City by Motion: City Payroll and Bills For Action Memorandum 34 of 326 CITY OF EVANSTON BILLS LIST PERIOD ENDING 09.27.2016 100 GENERAL FUND 100 GENERAL SUPPORT 22725 VERIZON WIRELESS COMMUNICATION CHARGES 9,470.04 41420 ROYAL ARMS INTERNATIONAL INC.SUPPLIES - NET 1,115.00 41420 KIESLER POLICE SUPPLY, INC.UNIFORMS - VESTS NET/TAC 1,449.68 100 GENERAL SUPPORT Total 12,034.72 1400 CITY CLERK 62360 MUNICIPAL CLERKS' ASSC. N & NW SUBURBS MEMBERSHIP DUES-R. GREENE 60.00 1400 CITY CLERK Total 60.00 1505 CITY MANAGER 62315 FEDERAL EXPRESS CORP.SHIPPING 29.08 1505 CITY MANAGER Total 29.08 1510 PUBLIC INFORMATION 62205 ALLEGRA PRINT & IMAGING BIKE THE RIDGE 8 X 3 BANNER 156.00 62210 ON TRACK FULFILLMENT INC.PRINTING OF 7TH WARD POSTCARDS 324.86 1510 PUBLIC INFORMATION Total 480.86 1555 FINANCIAL ADMINISTRATION 62295 MARTIN S. LYONS REIMBURSEMENT: BIG TEN CONFERENCE 103.90 1555 FINANCIAL ADMINISTRATION Total 103.90 1560 REVENUE & COLLECTIONS 51585 TIM HARRIS CIGARETTE TAX STAMP REFUND CLAIM 215.74 52010 MARY SIMON REFUND: WHEEL TAX OVERPAYMENT 37.50 52010 GEORGE BERGSTROM WHEEL TAX PAID TWICE 56.50 52010 DAVID THOLIN PAID WHEEL TAX TWICE 37.50 62449 PROFESSIONAL ACCOUNT MANAGEMENT LLC PROCESSING ACCOUNT MANAGEMENT (DUNCAN)30,871.53 62449 SECRETARY OF STATE DRIVER SERVICES DEPARTMENT LICENSE SUSPENSIONS 10.00 1560 REVENUE & COLLECTIONS Total 31,228.77 1570 ACCOUNTING 62205 EVANSTON ROUNDTABLE LLC BUDGET ADVERTISEMENT 211.00 62280 FEDERAL EXPRESS CORP.SHIPPING 15.25 62360 SAM'S CLUB DIRECT *SERVICE FEE 50.00 1570 ACCOUNTING Total 276.25 1580 COMMUNITY ARTS 66040 NORTHLIGHT THEATRE AUDIENCE ENGAGEMENT AND OUTREACH SUPPORT 500.00 1580 COMMUNITY ARTS Total 500.00 1705 LEGAL ADMINISTRATION 52040 ILLINOIS STATE POLICE FINGERPRINT BACKGROUND FEES 724.50 62130 ALLEGRA PRINT & IMAGING CARDS FOR ALEX MACKEY 83.00 62130 COOK COUNTY RECORDER OF DEEDS RELEASE OF MECHANIC LIENS 74.00 65010 THOMSON REUTERS WEST WEST INFORMATION CHARGES 945.93 65010 COOK COUNTY JURY VERDICT REPORTER JURY VERDICT REPORTS 470.00 65095 FEDERAL EXPRESS CORP.SHIPPING 150.73 65095 OFFICE DEPOT OFFICE SUPPLIES 54.40 1705 LEGAL ADMINISTRATION Total 2,502.56 1910 FINANCE DIVISION - REVENUE 62431 DUNBAR ARMORED ARMORED CAR SERVICES 2,177.05 1910 FINANCE DIVISION - REVENUE Total 2,177.05 1915 HUMAN RESOURCE DIVI. - PAYROLL 65095 OFFICE DEPOT OFFICE SUPPLIES 14.71 1915 HUMAN RESOURCE DIVI. - PAYROLL Total 14.71 1929 HUMAN RESOURCE DIVISION 62160 TRANS UNION CORP BACKGROUND CHECKS-TRANSUNION 132.12 62270 QUEST DIAGNOSTICS CLINICAL LABORATORIES EMPLOYEE TESTING-QUEST DIAGNOSTICS 713.50 65095 OFFICE DEPOT OFFICE SUPPLIES 62.88 1929 HUMAN RESOURCE DIVISION Total 908.50 1932 INFORMATION TECHNOLOGY DIVI. 62295 JAMES JANKOVEC REIMBURSE EMPLOYEE FOR CISCO TRAINING 250.00 62340 VISION TECHNOLOGY SOLUTIONS *WEBSITE DESIGN AND HOSTING 22,643.00 64505 AT & T COMMUNICATION CHARGES 275.26 65615 COMCAST CABLE COMMUNICATION CHARGES 5,475.50 1932 INFORMATION TECHNOLOGY DIVI. Total 28,643.76 1941 PARKING ENFORCEMENT & TICKETS 52505 ENTERPRISE HOLDINGS 33 CITATIONS PAID TWICE 1,387.35 52505 VIRGINIA D. JOHNSON PH. D.OVERPAYMENT REFUND 40.00 52505 GWENDOLYN COBLE CARR OVERPAID MULTIPLE PARKING TICKETS 448.75 52505 IBOLYA KOTI OVERPAYMENT REFUND 30.00 62451 DAVID TRIPPEL REFUND: TOW 425.00 62451 THOMAS SNYDACKER REFUND: TOW 150.00 64005 COMED UTILITIES 242.86 1941 PARKING ENFORCEMENT & TICKETS Total 2,723.96 35 of 326 CITY OF EVANSTON BILLS LIST PERIOD ENDING 09.27.2016 1950 FACILITIES 62225 COMCAST CABLE CABLE SERVICES 44.31 62225 SMITHEREEN PEST MANAGEMENT SERVICES REGULARLY SCHEDULED PEST SERVICE CENTER 96.00 62225 UNITED STATES ALLIANCE FIRE PROTECTION REPAIR OF SPRINKLER 4,543.00 62295 NORTHEASTERN ILLINOIS PUBLIC SAFETY PERFORMANCE REVIEW TRAINING 150.00 62440 RAYNOR DOOR COMPANY SERVICE CALL FOR MOTOR ISSUE 196.00 62509 SCHNEIDER ELECTRIC BUILDINGS AMERICA SINGLE SOURCE AGREEMENT SERVICE-SEPT 2,146.00 62518 ALARM DETECTION SYSTEMS, INC.ALARM SERVICES QUARTERLY CHARGES OCT-DEC 142.50 64005 COMED UTILITIES 691.55 64015 NICOR UTILITIES 141.90 65050 MARK VEND COMPANY CIVIC CENTER COFFEE SERVICE UTENSILS 108.87 65050 PATTEN INDUSTRIES GENERATOR RENTAL-AUGUST 1,912.50 65050 PATTEN INDUSTRIES GENERATOR RENTAL-SEPTEMBER 1,912.50 1950 FACILITIES Total 12,085.13 2105 PLANNING & ZONING 53695 NORTHLIGHT ARCHITECTS LLC WITHDREW APPLICATION FOR ZONING 350.00 53695 PARKERSON, KIM WITHDREW APPLICATION FOR ZONING 250.00 2105 PLANNING & ZONING Total 600.00 2126 BUILDING INSPECTION SERVICES 62190 ACS POWER WASH GRAFFITI REMOVAL 1,143.00 62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTION 500.00 62464 SAFEBUILT ILLINOIS PLAN REVIEW AND INSPECTION SERVICE 8,611.16 2126 BUILDING INSPECTION SERVICES Total 10,254.16 2205 POLICE ADMINISTRATION 62225 CARRIER CORPORATION SERVICE AGREEMENT 1,648.00 62272 THOMSON REUTERS WEST INFORMATION CHARGES 326.46 62370 NATIONAL AWARD SERVICES RETIREMENT PLAQUE 65.00 64005 COMED ELECTRIC BILL 602.63 65125 PRESTONS FLOWERS & GIFTS FUNERAL FLOWERS 120.00 65125 FORWARD SPACE LLC D/B/A OFFICE BOOKCASE 1,090.00 2205 POLICE ADMINISTRATION Total 3,852.09 2210 PATROL OPERATIONS 62490 EVANSTON FUNERAL & CREMATION BODY REMOVAL 650.00 65020 J. G. UNIFORMS, INC UNIFORMS 82.00 65020 VCG UNIFORM UNIFORMS 4,034.14 65020 KIESLER POLICE SUPPLY, INC.UNIFORMS 1,151.14 65085 TASER INTERNATIONAL TASER CARTRIDGES 9,406.48 2210 PATROL OPERATIONS Total 15,323.76 2240 POLICE RECORDS 65095 OFFICE DEPOT OFFICE SUPPLIES 517.19 2240 POLICE RECORDS Total 517.19 2260 OFFICE OF ADMINISTRATION 62295 SHANAS, RICHARD L.TRAINING EXPENSE - ADAMAX 40.00 62295 GLYNN, ELIZABETH TRAVEL EXPENSES - ADAMAX 37.71 62295 EVANSTON ATHLETIC CLUB HEALTH CLUB USAGE - AUG 2016 455.70 62295 NORTH EAST MULTI-REGIONAL TRAINING INC TRAINING - ADVANCED HOMICIDE 250.00 62295 NORTH EAST MULTI-REGIONAL TRAINING INC TRAINING - ADVANCED INTERVIEWS & INTERROGATIONS 250.00 62295 NORTH EAST MULTI-REGIONAL TRAINING INC TRAINING - ARREST, SEARCH & SEIZURE 100.00 62295 NORTH EAST MULTI-REGIONAL TRAINING INC TRAINING - BASIC POLICE PHOTOGRAPHY 35.00 62295 NORTH EAST MULTI-REGIONAL TRAINING INC TRAINING - BREACH POINT 100.00 62295 NORTH EAST MULTI-REGIONAL TRAINING INC TRAINING - BREATH ALCOHOL TESTING 48.91 62295 NORTH EAST MULTI-REGIONAL TRAINING INC TRAINING - CLOSE QUARTER HANDGUN SKILLS 400.00 62295 NORTH EAST MULTI-REGIONAL TRAINING INC TRAINING - EFFECTS OF TRAUMA 75.00 62295 NORTH EAST MULTI-REGIONAL TRAINING INC TRAINING - FIELD TRAINING OFFICER 100.00 62295 NORTH EAST MULTI-REGIONAL TRAINING INC TRAINING - FIREARMS INSTRUCTOR DEVELOPMENT 200.00 62295 NORTH EAST MULTI-REGIONAL TRAINING INC TRAINING - INTERVIEWS & INTERROGATIONS 800.00 62295 NORTH EAST MULTI-REGIONAL TRAINING INC TRAINING - JOHN REID ADV. INTERVIEWS/ INTERROGATIONS 125.00 62295 NORTH EAST MULTI-REGIONAL TRAINING INC TRAINING - JOHN REID INTERVIEWS & INTERROGATIONS 400.00 62295 NORTH EAST MULTI-REGIONAL TRAINING INC TRAINING - VEHICLE OPERATIONS & RESCUE TACTICS 325.00 62295 VIRANI, AMIN MEAL ALLOWANCE - DRUGGED DRIVER DETECTION 45.00 62295 HOLLIMAN, BENJAMIN TRAINING EXPENSE - ADAMAX 30.03 62295 RUSSELL, DANIEL TRAVEL EXPENSES - ADAMAX 197.64 62295 ILLINOIS ASSOCIATION OF CHIEFS OF POLICE TRAINING 693.00 62295 RYAN CARRIGAN TRAINING - ADAMAX VEHICLE ENGAGEMENT 197.64 64565 COMCAST CABLE CABLE SERVICES 45.51 2260 OFFICE OF ADMINISTRATION Total 4,951.14 2270 TRAFFIC BUREAU 62490 NORTH SHORE TOWING TOW & HOOK 85.00 65125 JAHNELL HORTON REFUND: TOW 40.00 2270 TRAFFIC BUREAU Total 125.00 2280 ANIMAL CONTROL 64015 NICOR UTILITIES - GAS 15.23 2280 ANIMAL CONTROL Total 15.23 36 of 326 CITY OF EVANSTON BILLS LIST PERIOD ENDING 09.27.2016 2285 PROBLEM SOLVING TEAM 65085 PROMOS 911, INC.CITIZENS POLICE ACADEMY 1,505.23 2285 PROBLEM SOLVING TEAM Total 1,505.23 2291 PROPERTY BUREAU 65125 EVIDENT INC.FORENSICS SUPPLIES 130.15 65125 ULINE PROPERTY SUPPLIES 241.22 2291 PROPERTY BUREAU Total 371.37 2295 BUILDING MANAGEMENT 62225 ANDERSON PEST CONTROL PEST CONTROL 52.76 62225 COLLEY ELEVATOR CO.ELEVATOR INSPECTION 188.00 2295 BUILDING MANAGEMENT Total 240.76 2305 FIRE MGT & SUPPORT 62315 FEDERAL EXPRESS CORP.SHIPPING 39.90 64015 NICOR UTILITIES 61.06 65020 AIR ONE EQUIPMENT UNIFORMS 322.77 65020 TODAY'S UNIFORMS INC.UNIFORMS 735.75 2305 FIRE MGT & SUPPORT Total 1,159.48 2310 FIRE PREVENTION 62250 ZOLL DATA SYSTEMS SOFTWARE SUPPORT 550.00 2310 FIRE PREVENTION Total 550.00 2315 FIRE SUPPRESSION 62521 PRAXAIR DISTIBUTION INC MEDICAL SUPPLIES 575.81 62521 ARROW INTERNATIONAL, INC.MEDICAL EQUIPMENT 894.78 65040 GRAINGER, INC., W.W.JANITORIAL SUPPLIES 27.54 65040 SAM'S CLUB DIRECT *JANITORIAL SUPPLIES 106.62 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 88.68 65085 AIR ONE EQUIPMENT SMALL TOOLS 313.00 65090 BOUND TREE MEDICAL, LLC EMS SUPPLIES 1,010.83 2315 FIRE SUPPRESSION Total 3,017.26 2320 EMERGENCY PREPAREDNESS 62245 SAM'S CLUB DIRECT *SUPPLIES: FOOD 83.29 2320 EMERGENCY PREPAREDNESS Total 83.29 2435 FOOD AND ENVIRONMENTAL HEALTH 61055 GOV TEMPS USA, LLC ADMIN SEASONAL EMPLOYEE 607.60 61060 GOV TEMPS USA, LLC ADMIN SEASONAL EMPLOYEE 294.00 62295 DICICCO, JOSEPH REIMBURSEMENT: FOOD SERVICE SEMINAR 124.86 62471 ADAPCO, INC.RAMP KITS 1,950.00 62477 VERIZON WIRELESS COMMUNICATION CHARGES 216.05 62494 ILLINOIS STATE POLICE BACKGROUND CHECK 105.00 64540 VERIZON WIRELESS COMMUNICATION CHARGES 125.36 65075 FINEST COURIER LOGISTICS COURIER SERVICES 70.00 65620 IT-STABILITY SYSTEMS, LLC HOUSING DATABASE REPAIR 75.00 2435 FOOD AND ENVIRONMENTAL HEALTH Total 3,567.87 2440 VITAL RECORDS 62490 IL DEPT OF PUBLIC HEALTH DEATH CERTIFICATES 724.00 2440 VITAL RECORDS Total 724.00 2455 COMMUNITY HEALTH 62360 AMERICAN PUBLIC HEALTH ASSOCIATON MEMBERSHIP FEE-816R1A-ERIN FISHER 220.00 2455 COMMUNITY HEALTH Total 220.00 3010 REC. BUSINESS & FISCAL MGMT 65095 OFFICE DEPOT OFFICE SUPPLIES 88.50 3010 REC. BUSINESS & FISCAL MGMT Total 88.50 3020 REC GENERAL SUPPORT 62375 HOUSE OF RENTAL RENTAL EQUIPMENT 5,994.40 62490 MINT CREEK FARM FARMERS MARKET 30.00 62490 FROSTY PRODUCTION FARMERS MARKET 48.00 62490 KATIC BREADS WHOLESALE, LLC FARMERS MARKET 32.00 62490 GURMAN INTERNATIONAL FOOD, INC.FARMERS MARKET 35.00 62490 PHOENIX BEAN LLC FARMERS MARKET 66.00 62490 JON FIRST FARMERS MARKET 372.00 62490 TERESA'S FRUIT AND HERBS FARMERS MARKET 92.00 62490 LAKE BREEZE ORGANICS FARMERS MARKET 232.00 62490 LYON'S FARM FARMERS MARKET 131.00 62490 HENRY'S FARM FARMERS MARKET 358.00 62490 HEARTLAND MEATS FARMERS MARKET 51.00 62490 K & K FARM'S FARMERS MARKET 150.00 62490 KINNIKINNICK FARM FARMERS MARKET 177.00 62490 ED GAST FARMERS MARKET 122.00 62490 ELKO'S PRODUCE AND GREENHOUSE FARMERS MARKET 51.00 62490 J.W. MORLOCK AND GIRLS FARMERS MARKET 80.00 62490 GENEVA LAKES PRODUCE FARMERS MARKET 104.00 37 of 326 CITY OF EVANSTON BILLS LIST PERIOD ENDING 09.27.2016 62490 M AND D FARMS FARMERS MARKET 133.00 62490 NOFFKE FAMILY FARM FARMERS MARKET 59.00 62490 NICHOLS FARM & ORCHARD FARMERS MARKET 373.00 62490 ZELDENRUST FARM FARMERS MARKET 135.00 62490 SEEDLING FARMERS MARKET 102.00 62490 K.V. STOVER AND SON FARMERS MARKET 213.00 62490 SMITS FARMS FARMERS MARKET 75.00 62490 GREAT HARVEST BREAD CO.FARMERS MARKET 37.00 62490 GREEN ACRES FARMERS MARKET 125.00 62490 DEFLOURED LLC FARMERS MARKET 60.00 62490 SWEETY PIES BAKERY CAKERY CAFE, LLC FARMERS MARKET 61.00 62490 RIVER VALLEY RANCH FARMERS MARKET 56.00 65110 SAMS CLUB DIRECT *SUPPLIES: COMMUNITY PICNIC 79.92 3020 REC GENERAL SUPPORT Total 9,634.32 3025 PARK UTILITIES 64005 COMED UTILITIES 3,901.37 64005 MC SQUARED ENERGY UTILITIES 2,057.90 64015 NICOR UTILITIES 222.71 3025 PARK UTILITIES Total 6,181.98 3030 CROWN COMMUNITY CENTER 64005 MC SQUARED ENERGY UTILITIES 973.79 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 200.00 3030 CROWN COMMUNITY CENTER Total 1,173.79 3035 CHANDLER COMMUNITY CENTER 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 31.20 62505 DIANA UNGER FENCING INSTRUCTOR 767.20 64005 MC SQUARED ENERGY UTILITIES 2,157.65 65095 ILLINOIS PAPER COMPANY PAPER FOR COPY MACHINES 85.70 3035 CHANDLER COMMUNITY CENTER Total 3,041.75 3040 FLEETWOOD JOURDAIN COM CT 62225 STA-KLEEN INC.MOTORS MAINTENANCE 360.00 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 115.33 62505 SEXTON, THOMAS TEACHING BASIC AND ADVANCED KARATE SKILLS 300.00 62511 KEVIN SPARKMON SECURITY FOR PRIVATE RENTAL 165.00 64005 MC SQUARED ENERGY UTILITIES 4,686.10 3040 FLEETWOOD JOURDAIN COM CT Total 5,626.43 3045 FLEETWOOD/JOURDAIN THEATR 62490 NOIR D'EBENE CHOCOLAT ET PATISSERIE RECEPTION FOOD 100.00 62509 DUGAN, JOE CATERED EVENT 500.00 62511 CLUNIE, BASIL PHOTOGRAPHER 100.00 62511 DELONG, ANTORA THEATRE DIRECTOR 425.00 62511 APODACA, VICTORIA LUCIA STAGE MANAGER 520.00 62511 DAVIS, IMANI THEATRE ASSISTANT 200.00 62511 TAYLOR, CARMEN THEATRE ASSISTANT 250.00 62511 DUPONT, DAVID J.MUSICIAN 175.00 65110 EVANSTON PHOTOGRAPHIC STUDIOS VIDEO GALA 150.00 65110 EVANSTON PHOTOGRAPHIC STUDIOS VIDEO OF PERFORMANCE 150.00 65110 QUARTET COPIES MOUNT POSTER 56.70 3045 FLEETWOOD/JOURDAIN THEATR Total 2,626.70 3050 RECREATION OUTREACH PROGRAM 62507 SIX FLAGS GREAT AMERICA CAMP FIELD TRIP 957.00 65040 SAM'S CLUB DIRECT *SUPPLIES: JANITORIAL 78.13 3050 RECREATION OUTREACH PROGRAM Total 1,035.13 3055 LEVY CENTER SENIOR SERVICES 62210 ALLEGRA PRINT & IMAGING LEVY BUSINESS CARDS 67.00 62495 ANDERSON PEST CONTROL PEST CONTROL 44.94 62505 COMPUTER TRAINING & SUPPORT SERVICES COMPUTER INSTRUCTOR 50.00 62505 CONNELLY'S ACADEMY TAE KWON DO CLASSES- LEVY CENTER 4,729.50 62505 MALDONADO, JESUS SIX WEEK LAKEFRONT FITNESS CLASS 240.00 62505 ELISHEUA, MERZEL LAKEFRONT FITNESS INSTRUCTOR NINE CLASSES 360.00 62509 CINTAS CORPORATION #769 MONTHLY MAT SERVICE 224.05 62511 COMCAST CABLE CABLE SERVICES 141.15 62695 303 TAXI TAXI COUPON REIMBURSEMENT 20,166.00 62695 AMERICAN CHARGE SERVICE TAXI COUPON REIMBURSEMENT 930.00 64005 MC SQUARED ENERGY UTILITIES 7,219.15 65025 HOFFMAN HOUSE CATERING LEVY CONGREGATE MEAL PROGRAM 2,797.40 65025 SAM'S CLUB DIRECT *SUPPLIES: JANITORIAL 133.60 65040 LAPORT INC JANITORIAL SUPPLIES 511.35 65025 SAM'S CLUB DIRECT *SUPPLIES: JANITORIAL 95.62 3055 LEVY CENTER SENIOR SERVICES Total 37,709.76 3080 BEACHES 64005 MC SQUARED ENERGY UTILITIES 171.66 64015 NICOR UTILITIES 26.27 65040 SUPERIOR INDUSTRIAL SUPPLY SUPPLIES 342.50 65045 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 43.34 3080 BEACHES Total 583.77 38 of 326 CITY OF EVANSTON BILLS LIST PERIOD ENDING 09.27.2016 3095 CROWN ICE RINK 62245 JORSON & CARLSON ICE SCRAPER MAINTENANCE 37.67 62245 METRO DOOR AND DOCK, INC.RINK DOOR MAINTENANCE 365.00 62251 TOTAL MECHANICAL SOLUTIONS, LLC HEATER MAINTENANCE 362.50 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 79.00 64005 MC SQUARED ENERGY UTILITIES 2,921.36 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 238.50 65040 UNIFIRST CORPORATION JANITORIAL SUPPLIES 141.50 65050 BOTANY BAY CHEMICAL COMPANY COMPRESSOR MAINTENANCE 1,365.02 65095 OFFICE DEPOT OFFICE SUPPLIES 229.12 3095 CROWN ICE RINK Total 5,739.67 3100 SPORTS LEAGUES 65110 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 128.34 3100 SPORTS LEAGUES Total 128.34 3130 SPECIAL RECREATION 65025 SAM'S CLUB DIRECT *SUPPLIES: CAMP 104.97 65110 SAM'S CLUB DIRECT *SUPPLIES: CAMP 104.72 65110 SAM'S CLUB DIRECT *SUPPLIES: CAMP 112.59 3130 SPECIAL RECREATION Total 322.28 3215 YOUTH ENGAGEMENT DIVISION 62360 SAM'S CLUB DIRECT *MEMBERSHIP DUES 15.00 3215 YOUTH ENGAGEMENT DIVISION Total 15.00 3225 GIBBS-MORRISON CULTURAL CENTER 62225 COMED UTILITIES 685.19 62225 FOX VALLEY FIRE & SAFETY SINGLE TANK SYSTEM 100.50 62360 SAM'S CLUB DIRECT *MEMBERSHIP DUES 15.00 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 55.00 62509 CINTAS CORPORATION #769 MONTHLY MAT SERVICE 87.05 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 25.82 65095 FORWARD SPACE LLC D/B/A OFFICE OFFICE CHAIR - GIBBS MORRISON 609.79 3225 GIBBS-MORRISON CULTURAL CENTER Total 1,578.35 3605 ECOLOGY CENTER 61062 KEVIN SPARKMON LIQUOR RENTAL ECOLOGY 165.00 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL-ECOLOGY 64.97 62505 CIGAN, LILY YOGA PROGRAM INSTRUCTION 340.80 62518 ALARM DETECTION SYSTEMS, INC.QUARTERLY CHARGES FOR ALARM SERVICE 128.16 64005 MC SQUARED ENERGY UTILITIES 694.49 64015 NICOR UTILITIES 31.32 65020 EXPRESS PRESS SUMMER PROGRAM CLOTHING 105.80 3605 ECOLOGY CENTER Total 1,530.54 3610 ECO-QUEST DAY CAMP 65020 EXPRESS PRESS SUMMER PROGRAM CLOTHING 276.16 3610 ECO-QUEST DAY CAMP Total 276.16 3710 NOYES CULTURAL ARTS CENTER 62235 MIDWEST TIME RECORDER TIME CLOCK MAINTENANCE 168.00 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 39.14 64005 MC SQUARED ENERGY UTILITIES 2,652.01 3710 NOYES CULTURAL ARTS CENTER Total 2,859.15 3720 CULTURAL ARTS PROGRAMS 62509 VIET NOM NOM, LLC FOOD VOUCHER REIMBURSEMENT FESTIVALS 34.00 62509 ANDERSON, GALEN G STARLIGHT MOVIE ASSISTANT 500.00 62511 HAND, EILEEN COMMUNITY EDUCATIONAL SERVICE FOR YOUTHS 65.00 62515 SERVICE SANITATION INC PORTA POTTIES LAKESHORE 782.00 62515 BRAUN EVENTS, INC SPIDER BOXES- ETHNIC & LAKESHORE ARTS FESTIVAL 1,830.00 62515 CATTANEO ELECTRIC CO.ELECTRICIAN- ETHNIC & LAKESHORE ARTS FESTIVAL 3,291.50 65025 SAM'S CLUB DIRECT *SUPPLIES: FOOD 83.24 3720 CULTURAL ARTS PROGRAMS Total 6,585.74 4105 PUBLIC WORKS AGENCY ADMIN 52130 NATHANIEL KAISER PAID TWICE FOR RESIDENTIAL PERMIT AND VISITOR PASSES 49.00 65025 SAM'S CLUB DIRECT *SUPPLIE:COOK OUT 94.26 65025 SAM'S CLUB DIRECT *SUPPLIE: SERVICE CENTER 178.78 65090 CINTAS FIRST AID & SUPPLY FIRST AID KIT MAINTENANCE 48.43 65095 OFFICE DEPOT OFFICE SUPPLIES 68.97 4105 PUBLIC WORKS AGENCY ADMIN Total 439.44 4300 ENVIRONMENTAL SERVICES 65010 ALLEGRA PRINT & IMAGING PESTICIDE FREE PARK SIGNS 290.00 65090 CINTAS FIRST AID & SUPPLY ENVIRONMENTAL FIRST AID CABINET RESTOCKING 59.54 4300 ENVIRONMENTAL SERVICES Total 349.54 4320 FORESTRY 62385 NELS J. JOHNSON TREE EXPERTS, INC.REMOVAL OF DEAD TREE AT 1313 CLEVELAND 1,410.00 62385 NELS J. JOHNSON TREE EXPERTS, INC.REMOVAL OF DEAD TREE AT 2715 WOODBINE 610.00 62385 SUNRISE TREE SERVICE INC REMOVAL OF TREE AT PENNY PARK 1,575.00 65005 DES PLAINES MATERIAL & SUPPLY LLC TOP SOIL 1,044.00 4320 FORESTRY Total 4,639.00 39 of 326 CITY OF EVANSTON BILLS LIST PERIOD ENDING 09.27.2016 4330 GREENWAYS 62195 COMED UTILITIES 153.68 62195 LANDSCAPE CONCEPTS MANAGEMENT, INC.CALLAN AVE STREETSCAPE LANDSCAPE MAINTENANCE 311.25 62195 LANDSCAPE CONCEPTS MANAGEMENT, INC.GREEN BAY RD RR EMBANKMENT LANDSCAPING 2,245.00 62199 NATIONAL AWARD SERVICES BRASS PLATE - FRANK R. VERLOULEN 40.00 65005 MIDWEST GROUNDCOVERS PLANTS FOR CHANDLER PARK 732.25 65005 MIDWEST GROUNDCOVERS PLANTS FOR CHICAGO AVE WALL 390.00 65005 MIDWEST GROUNDCOVERS PLANTS FOR LOT 18 446.64 4330 GREENWAYS Total 4,318.82 4400 CAPITAL PLANNING & ENGINEERING 65095 OFFICE DEPOT OFFICE SUPPLIES 51.52 4400 CAPITAL PLANNING & ENGINEERING Total 51.52 4510 STREET MAINTENANCE 62415 G & L CONTRACTORS, INC 2016 DEBRIS HAULING 1,700.00 65055 OZINGA CHICAGO RMC, INC.2016 SOLE SOURCE CONCRETE PURCHASE 4,756.00 65055 BUILDERS ASPHALT, LLC 2016 SINGLE SOURCE HOT MIX ASPHALT PURCHASE 516.88 65085 ATLAS BOBCAT, INC.GUTTER BROOM FOR BIKE LANE SWEEPER 1,990.00 4510 STREET MAINTENANCE Total 8,962.88 4520 TRAF. SIG.& ST LIGHT MAINT 64006 COMED UTILITIES 34,411.24 64007 COMED UTILITIES 2,366.61 64008 MC SQUARED ENERGY UTILITIES 37.66 65070 ELCAST LIGHTING STREET LIGHT FIXTURE REPAIR 840.00 4520 TRAF. SIG.& ST LIGHT MAINT Total 37,655.51 100 GENERAL FUND Total 284,001.15 175 GENERAL ASSISTANCE FUND 4605 GENERAL ASSISTANCE ADMIN 62315 PITNEY BOWES LEASE QT INVOICE FOR GENERAL ASSISTANCE 213.00 4605 GENERAL ASSISTANCE ADMIN Total 213.00 175 GENERAL ASSISTANCE FUND Total 213.00 176 HEALTH AND HUMAN SERVICES 4651 HEALTH & HUMAN SERVICES 62890 INFANT WELFARE SOCIETY 3RD QUARTER DISBURSEMENT 18,625.00 62940 LEGAL ASSISTANCE FOUNDATION OF CHICAGO 3RD QUARTER DISBURSEMENT 2,975.00 62970 CONNECTIONS FOR THE HOMELESS 3RD QUARTER DISBURSEMENT 7,425.00 62980 NORTH SHORE SENIOR CENTER 3RD QUARTER DISBURSEMENT 6,750.00 62990 METROPOLITAN FAMILY SERVICES 3RD QUARTER DISBURSEMENT 15,825.00 63067 CHILDCARE NETWORK 3RD QUARTER DISBURSEMENT 30,938.75 63068 HOUSING OPTIONS FOR THE MENTALLY ILL 3RD QUARTER DISBURSEMENT 14,725.00 63069 JAMES B. MORAN CENTER FOR YOUTH ADVOCACY 3RD QUARTER DISBURSEMENT 10,375.00 63070 PEER SERVICES, INC.3RD QUARTER DISBURSEMENT 25,250.00 63071 SHORE COMMUNITY SERVICES 3RD QUARTER DISBURSEMENT 9,750.00 63120 MEALS AT HOME 3RD QUARTER DISBURSEMENT 1,962.50 67030 FAMILY FOCUS 3RD QUARTER DISBURSEMENT 7,473.75 67045 YOUTH OPPROTUNITY UNITED 3RD QUARTER DISBURSEMENT 23,163.75 67090 CHILD CARE CENTER OF EVANSTON 3RD QUARTER DISBURSEMENT 4,900.00 67146 NORTHWEST CENTER AGAINST SEXUAL ASSAULT 3RD QUARTER DISBURSEMENT 4,125.00 4651 HEALTH & HUMAN SERVICES Total 184,263.75 176 HEALTH AND HUMAN SERVICES Total 184,263.75 205 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 410.26 62509 MOTOROLA SOLUTIONS, INC.RADIO CHARGES 141.67 62509 MOTOROLA SOLUTIONS, INC.RADIO SYSTEM 2015/2016 SERVICE AGREEMENT 19,846.59 65625 SUNGARD PUBLIC SECTOR, INC.ONE SOLUTION PROJECT IMPLEMENTATION 40,752.41 5150 EMERGENCY TELEPHONE SYSTM Total 61,810.93 205 EMERGENCY TELEPHONE (E911) FUND Total 61,810.93 210 CSPECIAL SERVICE AREA (SSA)#4 5160 SPECIAL SERVICE AREA # 4 62517 EVMARK 3RD QRT OPERATING FUNDS PRE SSA AGREEMENT 80,750.00 5160 SPECIAL SERVICE AREA # 4 Total 80,750.00 210 CSPECIAL SERVICE AREA (SSA)#4 Total 80,750.00 40 of 326 CITY OF EVANSTON BILLS LIST PERIOD ENDING 09.27.2016 215 CDBG FUND 5187 REHAB CONSTRUCTION ADMIN 62490 OCCUPATIONAL TRAINING & SUPPLY CDBG ADMIN - LEAD SAMPLING SUPPLIES 88.25 62490 OCCUPATIONAL TRAINING & SUPPLY CDBG ADMIN - LEAD TESTING SUPPLIES 58.07 62490 DONNALEE M. FLOETER, AIA 1625 FOWLER - REHAB ADMIN 615.00 5187 REHAB CONSTRUCTION ADMIN Total 761.32 215 CDBG FUND Total 761.32 220 CDBG LOAN 5280 CD LOAN 65535 VALUE REMODELING INC R1149 - RIMLAND REHAB 13,830.00 5280 CD LOAN Total 13,830.00 220 CDBG LOAN Total 13,830.00 225 ECONOMIC DEVELOPMENT FUND 5300 ECON. DEVELOPMENT FUND 62185 KANE, MCKENNA AND ASSOCIATES, INC.PREPARATION OF 2015 ANNUAL TIF REPORTS 1,812.50 533001 62662 DOWNTOWN EVANSTON MARKETING FOR SIDEWALK SALE FOR MAIN DEMPSTER MILE 815.50 533001 62662 NATIONAL MAIN STREET CENTER MARKET VISION -STRATEGY ASSESSMENT-MAIN DEMPSTER MILE 6,500.00 5300 ECON. DEVELOPMENT FUND Total 9,128.00 225 ECONOMIC DEVELOPMENT FUND Total 9,128.00 300 WASHINGTON NATIONAL TIF FUND 5476 CAPITAL PROJ.-WASHINGTON TIF 62185 KANE, MCKENNA AND ASSOCIATES, INC.PREPARATION OF 2015 ANNUAL TIF REPORTS 1,812.50 5476 CAPITAL PROJ.-WASHINGTON TIF Total 1,812.50 300 WASHINGTON NATIONAL TIF FUND Total 1,812.50 310 HOWARD-HARTREY TIF 5500 HOWARD-HARTREY TIF DEBT SRVCE 62185 KANE, MCKENNA AND ASSOCIATES, INC.PREPARATION OF 2015 ANNUAL TIF REPORTS 1,812.50 415430 65515 CAPITOL CEMENT CO.HOWARD ST TRAFFIC SIGNAL & STREET RESURFACING 587,440.41 5500 HOWARD-HARTREY TIF DEBT SRVCE Total 589,252.91 310 HOWARD-HARTREY TIF Total 589,252.91 320 DEBT SERVICE FUND 5705 2006 BONDS 62350 WELLS FARGO BANK G.O. SERIES 2006 500.00 5705 2006 BONDS Total 500.00 320 DEBT SERVICE FUND Total 500.00 330 HOWARD-RIDGE TIF FUND 5860 HOWARD RIDGE TIF 56010 TMQ GROUP LLC MONTHLY RENT-POLICE OUTPOST SEPT 1,000.00 5860 HOWARD RIDGE TIF Total 1,000.00 330 HOWARD-RIDGE TIF FUND Total 1,000.00 415 CAPITAL IMPROVEMENTS FUND 4115 2015 BOND PROJECTS 415924 65515 INFRASTRUCTURE ENGINEERING, INC ENGINEERING SERVICES-CENTRAL ST PROJECT 7,552.48 4115 2015 BOND PROJECTS Total 7,552.48 4116 2016 BOND PROJECTS 416536 65515 MITY-LITE INC.PADDED FOLDING CHAIRS 8,732.13 416515 65515 SCHROEDER & SCHROEDER INC 2016 50/50 SIDEWALK REPLACEMENT PROGRAM BID 16-37 15,020.00 416520 65515 SCHROEDER & SCHROEDER INC 2017 50/50 SIDEWALK REPLACEMENT PROGRAM BID 16-37 125,749.68 480003 65515 VORIS MECHANICAL INC.MAIN LIBRARY BOILER BURNER UPGRADE 66,999.00 416439 65515 RAUSCH INFRASTRUCTURE, LLC ISABELLA ST BRIDGE DECK REHAB PROJECT 255,824.58 4116 2016 BOND PROJECTS Total 472,325.39 4216 2016 CAPITAL FROM OTHER SOURCES 516004 62145 CHRISTOPHER B. BURKE ENGINEERING, LTD.RFP 15-68, FOUNTAIN SQUARE RENOVATIONS 43,299.42 416501 65515 GSG MATERIAL TESTING 2016 MATERIAL TESTING AND INSPECTION CONTRACT RENEWAL 3,010.00 4216 2016 CAPITAL FROM OTHER SOURCES Total 46,309.42 415 CAPITAL IMPROVEMENTS FUND Total 526,187.29 420 SPECIAL ASSESSMENT FUND 6400 SPECIAL ASSESSMENT 1486 56570 REED, CINDY REFUND: SPECIAL ASSEMENTS INTEREST 128.29 6400 SPECIAL ASSESSMENT 1486 Total 128.29 420 SPECIAL ASSESSMENT FUND Total 128.29 41 of 326 CITY OF EVANSTON BILLS LIST PERIOD ENDING 09.27.2016 505 PARKING SYSTEM FUND 7005 PARKING SYSTEM MGT 53480 CRYSTAL FINDLAY LOT 60 CUSTOMER RETURNED PERMIT 360.00 53510 COOK COUNTY COLLECTOR *PARKING TAXES-AUG 2016 104.00 62431 DUNBAR ARMORED ARMORED CAR SERVICES 5,764.50 62603 MOTIVATE INTERNATIONAL, INC.MOTIVATE FEES PAID BY COE 07/01/16–12/31/16 3,368.51 7005 PARKING SYSTEM MGT Total 9,597.01 7015 PARKING LOTS & METERS 62375 CTA/AB MONTHLY RENT LOT 19 BENSON-CHURCH-UNIV PLACE 990.00 64005 COMED UTILITIES 902.61 65070 PASSPORT PARKING, INC`TRANSACTION FEE FOR PAY BY CELL OPTION RELATED/DUNCAN 5,379.50 65070 3C PAYMENT (USA) CORP CREDIT AND DEBIT CARD TRANSACTION FEES AUG 2016 1,219.40 7015 PARKING LOTS & METERS Total 8,491.51 7025 CHURCH STREET GARAGE 53500 COOK COUNTY COLLECTOR *PARKING TAXES-AUG 2016 2,049.00 53515 MATHER LIFEWAYS PARKING GARAGE REFUNDS 50.00 53515 BONAVENTURE FANDOLFARE PARKING GARAGE REFUNDS 25.00 53515 JOHN MCGEE PARKING GARAGE REFUNDS 25.00 53515 SHANE HOLLETT PARKING GARAGE REFUNDS 25.00 53515 MEIRA KENSKY PARKING GARAGE REFUNDS 25.00 53515 PETER PELTS PARKING GARAGE REFUNDS 25.00 53515 NATALIE ROBINSON PARKING GARAGE REFUNDS 25.00 53515 GORDON SHALEK PARKING GARAGE REFUNDS 25.00 53515 YUCHI CHIU PARKING GARAGE REFUNDS 25.00 53515 LANCE HALE PARKING GARAGE REFUNDS 25.00 53515 MICHAEL DANIELS PARKING GARAGE REFUNDS 25.00 53515 GINA HUGHES PARKING GARAGE REFUNDS 25.00 53515 NANCY BRAUND BORUCH PARKING GARAGE REFUNDS 25.00 53515 GUOBIAO LI PARKING GARAGE REFUNDS 25.00 53515 ADRIAN VAZQUEZ PARKING GARAGE REFUNDS 25.00 53515 CARLY FOX PARKING GARAGE REFUNDS 25.00 53515 CHRISTINE HOYT PARKING GARAGE REFUNDS 25.00 53515 HANNAH KUPSKY PARKING GARAGE REFUNDS 25.00 53515 SHELTON TAYLOR PARKING GARAGE REFUNDS 25.00 53515 SUNG CHAN CHANG PARKING GARAGE REFUNDS 25.00 53515 RACHEL APPLETON PARKING GARAGE REFUNDS 25.00 53515 GALINA VORONINA PARKING GARAGE REFUNDS 25.00 53515 ULZIIKHUTAG TSOGTBAATAR PARKING GARAGE REFUNDS 25.00 53515 JEAN MURRAY PARKING GARAGE REFUNDS 25.00 53515 LAWRENCE GORDON PARKING GARAGE REFUNDS 25.00 53515 CHIBUNDU OKWUOSA PARKING GARAGE REFUNDS 25.00 53515 HUAYA SHI PARKING GARAGE REFUNDS 25.00 53515 TAEHO JU PARKING GARAGE REFUNDS 25.00 53515 ROBERT MILLER PARKING GARAGE REFUNDS 25.00 53515 OLIVIA MAROLDA PARKING GARAGE REFUNDS 25.00 53515 ANASTASIA HERYLA PARKING GARAGE REFUNDS 25.00 53515 BENJAMIN WAI PARKING GARAGE REFUNDS 25.00 53515 SISSI CHEN PARKING GARAGE REFUNDS 25.00 53515 MARK SKUBAK PARKING GARAGE REFUNDS 25.00 53515 KAZUNO SEAL PARKING GARAGE REFUNDS 25.00 53515 YAGOOB QASEEM PARKING GARAGE REFUNDS 25.00 53515 GABRIEL MARTINEZ PARKING GARAGE REFUNDS 25.00 53515 TIMOTHY STEAD PARKING GARAGE REFUNDS 25.00 53515 DIEGO HENRIQUEZ-GARCIA PARKING GARAGE REFUNDS 25.00 53515 ALEC BLUMENTHAL PARKING GARAGE REFUNDS 25.00 53515 JUSTIN DEFFENBACHER PARKING GARAGE REFUNDS 25.00 53515 LUKE MILLER PARKING GARAGE REFUNDS 25.00 53515 CHRIS ROTH PARKING GARAGE REFUNDS 25.00 53515 NICHOLAS MCCOMBE PARKING GARAGE REFUNDS 25.00 53515 RANDALL ODZER PARKING GARAGE REFUNDS 25.00 53515 AMIR NASEEM PARKING GARAGE REFUNDS 25.00 53515 NICHOLAS GARBATY PARKING GARAGE REFUNDS 25.00 53515 STEVEN ALVARADO PARKING GARAGE REFUNDS 25.00 53515 MIN HSIN HSIEH PARKING GARAGE REFUNDS 25.00 53515 MONICA MAVRIC PARKING GARAGE REFUNDS 25.00 53515 CARL GARGULA PARKING GARAGE REFUNDS 25.00 53515 H.B. KING PARKING GARAGE REFUNDS 25.00 53515 HOSU LEE PARKING GARAGE REFUNDS 25.00 53515 JACOB SMITH PARKING GARAGE REFUNDS 25.00 53515 NICK BENNIG PARKING GARAGE REFUNDS 25.00 53515 ANIKA H. HENANGER PARKING GARAGE REFUNDS 25.00 62509 LIONHEART CRITICAL POWER SPECIALISTS, INC CHURCH STREET GARAGE BACKUP POWER GENERATOR REPAIR 3,402.36 64005 MC SQUARED ENERGY UTILITIES 2,595.38 65050 DEPENDABLE FIRE EQUIPMENT INC.CHURCH GARAGE FIRE EXTINGUISHER INSPECTION 636.60 7025 CHURCH STREET GARAGE Total 10,108.34 7036 SHERMAN GARAGE 53500 COOK COUNTY COLLECTOR *PARKING TAXES-AUG 2016 2,876.00 53515 EVANSTON CHAMBER OF COMMERCE PARKING GARAGE REFUNDS 25.00 53515 TRACI KURTZER MD PARKING GARAGE REFUNDS 25.00 53515 PAUL WOZNIAKOWSKI PARKING GARAGE REFUNDS 25.00 53515 DAVE LEVIN PARKING GARAGE REFUNDS 25.00 53515 JOE ANNORENO PARKING GARAGE REFUNDS 25.00 53515 WILLIAM BENTER PARKING GARAGE REFUNDS 25.00 53515 PAM RASHID PARKING GARAGE REFUNDS 25.00 53515 ARIEL TERRELL PARKING GARAGE REFUNDS 25.00 53515 GEORGE DIVERSIEV PARKING GARAGE REFUNDS 25.00 42 of 326 CITY OF EVANSTON BILLS LIST PERIOD ENDING 09.27.2016 53515 AMANDA RUNGE PARKING GARAGE REFUNDS 25.00 53515 CHELSEA MERTZ PARKING GARAGE REFUNDS 25.00 53515 REBEKAH WOLINETZ PARKING GARAGE REFUNDS 25.00 53515 TAMMY GRAY PARKING GARAGE REFUNDS 25.00 53515 JACKIE HAINES PARKING GARAGE REFUNDS 25.00 53515 NORA WHITLOCK PARKING GARAGE REFUNDS 25.00 53515 TEKLEBRHAN WELEGEBRIEL PARKING GARAGE REFUNDS 25.00 53515 AMY GULATI PARKING GARAGE REFUNDS 25.00 53515 PAUL SUGGS PARKING GARAGE REFUNDS 25.00 53515 MARC MUGNOS PARKING GARAGE REFUNDS 25.00 53515 GIBI GEORGE PARKING GARAGE REFUNDS 25.00 53515 JUAN ESTUPINAN PARKING GARAGE REFUNDS 25.00 53515 KELLEY KIMBALL PARKING GARAGE REFUNDS 25.00 53515 CHAD STUTSMAN PARKING GARAGE REFUNDS 25.00 53515 JAINE SPELLMAN PARKING GARAGE REFUNDS 25.00 53515 DAWN MEDINA PARKING GARAGE REFUNDS 25.00 53515 LEIGH ROSENBLUM PARKING GARAGE REFUNDS 25.00 53515 LALZIRLIANI CHINZAH PARKING GARAGE REFUNDS 25.00 53515 JEANNE COOK PARKING GARAGE REFUNDS 25.00 53515 KAREN LLOYD PARKING GARAGE REFUNDS 25.00 53515 KIPTON RODERICK PARKING GARAGE REFUNDS 25.00 53515 DEANNE PARKER PARKING GARAGE REFUNDS 25.00 53515 DAVID FRIEDLAND PARKING GARAGE REFUNDS 25.00 53515 ZACHERY PHILLIPS PARKING GARAGE REFUNDS 25.00 53515 DYLAN STOREY PARKING GARAGE REFUNDS 25.00 53515 ROSEMARIE CHANDLER PARKING GARAGE REFUNDS 25.00 53515 DANIEL MARK RENTFRO PARKING GARAGE REFUNDS 25.00 53515 SAM GARROTT PARKING GARAGE REFUNDS 25.00 53515 GILBERT GOODMAN PARKING GARAGE REFUNDS 25.00 53515 MARA WOLVERTON PARKING GARAGE REFUNDS 25.00 53515 ELIZABETH LAZAR PARKING GARAGE REFUNDS 25.00 53515 ANDREW VAZZANO PARKING GARAGE REFUNDS 25.00 53515 NADINE WOODS PARKING GARAGE REFUNDS 25.00 53515 JENNIFER ROTTER PARKING GARAGE REFUNDS 25.00 53515 DANA COPPE PARKING GARAGE REFUNDS 25.00 53515 MATT BORESI PARKING GARAGE REFUNDS 25.00 53515 JEFF GROMAN PARKING GARAGE REFUNDS 25.00 53515 EDWARD BABAYAN PARKING GARAGE REFUNDS 25.00 53515 MATTHEW GEDZ PARKING GARAGE REFUNDS 25.00 53515 DENNIS WILSON PARKING GARAGE REFUNDS 25.00 53515 LYNN ROBINSON PARKING GARAGE REFUNDS 25.00 53515 GARY CHUVEN PARKING GARAGE REFUNDS 25.00 53515 MERRICK PET CARE PARKING GARAGE REFUNDS 25.00 53515 TOMER ELDAR PARKING GARAGE REFUNDS 25.00 53515 HALEY KERR PARKING GARAGE REFUNDS 25.00 53515 VERONICA JOHNSON PARKING GARAGE REFUNDS 25.00 53515 PETER KIM PARKING GARAGE REFUNDS 25.00 53515 SABRINA TABBY PARKING GARAGE REFUNDS 25.00 53515 MICHAEL HENSON PARKING GARAGE REFUNDS 25.00 53515 MARGARET ASSEO PARKING GARAGE REFUNDS 25.00 53515 JULIE BLUMBERG PARKING GARAGE REFUNDS 25.00 53515 SARAH CHRISTENSEN PARKING GARAGE REFUNDS 25.00 53515 CARLA DESANTO PARKING GARAGE REFUNDS 25.00 53515 KATHARINA SANKA PARKING GARAGE REFUNDS 25.00 53515 JOCELYN HAMLAR PARKING GARAGE REFUNDS 25.00 53515 JOHN VASEY PARKING GARAGE REFUNDS 25.00 53515 BRENDAN CAULFIELD PARKING GARAGE REFUNDS 25.00 64005 MC SQUARED ENERGY UTILITIES 6,612.32 64505 AT & T COMMUNICATION CHARGES 186.74 65050 DEPENDABLE FIRE EQUIPMENT INC.SHERMAN GARAGE FIRE EXTINGUISHER INSPECTION 590.95 7036 SHERMAN GARAGE Total 11,916.01 7037 MAPLE GARAGE 53500 COOK COUNTY COLLECTOR *PARKING TAXES-AUG 2016 1,567.00 53510 COOK COUNTY COLLECTOR *PARKING TAXES-AUG 2016 459.00 53515 MCGAW YMCA (MICHAEL KURTZ)MAPLE TRANSPONDER REFUNDS 25.00 53515 CITY OF WAUKEGAN MAPLE TRANSPONDER REFUNDS 25.00 53515 ARAMARK MAPLE TRANSPONDER REFUNDS 25.00 53515 KELLY PARK MAPLE TRANSPONDER REFUNDS 25.00 53515 CONNOR MCHUGH MAPLE TRANSPONDER REFUNDS 25.00 53515 JESSICA FREDA MAPLE TRANSPONDER REFUNDS 25.00 53515 ACCUITY MAPLE TRANSPONDER REFUNDS 25.00 53515 JOHN CASTINO MAPLE TRANSPONDER REFUNDS 25.00 53515 FRANCISCO ZALDUENDO MAPLE TRANSPONDER REFUNDS 25.00 53515 JOSEPH BOWLES MAPLE TRANSPONDER REFUNDS 25.00 53515 CONOR KEELAN MAPLE TRANSPONDER REFUNDS 25.00 53515 JOSEPH ENTENMAN MAPLE TRANSPONDER REFUNDS 25.00 53515 ELSA PECHLIVANIDIS MAPLE TRANSPONDER REFUNDS 25.00 53515 ALEXANDRIA SOOKHAI MAPLE TRANSPONDER REFUNDS 25.00 53515 PALEMON ESPINOZA MAPLE TRANSPONDER REFUNDS 25.00 53515 PALEMON ESPINOZA MAPLE TRANSPONDER REFUNDS 25.00 53515 ZIXNAN ZHANG MAPLE TRANSPONDER REFUNDS 25.00 53515 RYAN ALVA MAPLE TRANSPONDER REFUNDS 25.00 53515 COLLIN BRADY MAPLE TRANSPONDER REFUNDS 25.00 53515 ANNE O'CONNOR MAPLE TRANSPONDER REFUNDS 25.00 43 of 326 CITY OF EVANSTON BILLS LIST PERIOD ENDING 09.27.2016 53515 KATHY SZARNYCH MAPLE TRANSPONDER REFUNDS 25.00 53515 TRACI WILLIAMS MAPLE TRANSPONDER REFUNDS 25.00 53515 AIMEE ALEXOFF MAPLE TRANSPONDER REFUNDS 25.00 53515 MIKE O'NEILL MAPLE TRANSPONDER REFUNDS 25.00 53515 PATRICK F. KOBAL MAPLE TRANSPONDER REFUNDS 25.00 53515 JAMES MCKINNEY MAPLE TRANSPONDER REFUNDS 25.00 53515 VILLAGE OF DOLTON MAPLE TRANSPONDER REFUNDS 25.00 53515 EDMUND BOATENG MAPLE TRANSPONDER REFUNDS 25.00 53515 KEVIN WAGNER MAPLE TRANSPONDER REFUNDS 25.00 53515 JASON RAGO MAPLE TRANSPONDER REFUNDS 25.00 53515 YOLANDA TALLEY MAPLE TRANSPONDER REFUNDS 25.00 53515 JON LOWMAN MAPLE TRANSPONDER REFUNDS 25.00 53515 VILLAGE OF WHEELING (CHRIS HIGHAM)MAPLE TRANSPONDER REFUNDS 25.00 53515 TRAVIS RAYPOLE MAPLE TRANSPONDER REFUNDS 25.00 53515 JOHN MOERSFELDER MAPLE TRANSPONDER REFUNDS 25.00 53515 JAMES MIHALIK MAPLE TRANSPONDER REFUNDS 25.00 53515 FRANK KEENER MAPLE TRANSPONDER REFUNDS 25.00 53515 TIMOTHY KLENFELDT MAPLE TRANSPONDER REFUNDS 25.00 53515 ROUND LAKE POLICE DEPARTMENT MAPLE TRANSPONDER REFUNDS 25.00 53515 IVAN TROGRANCIC MAPLE TRANSPONDER REFUNDS 25.00 53515 SHANNON MCMULLIN-LEWIS MAPLE TRANSPONDER REFUNDS 25.00 53515 KARIN BHAYONI MAPLE TRANSPONDER REFUNDS 25.00 53515 LISA LIMAS MAPLE TRANSPONDER REFUNDS 25.00 53515 JASON DOROW MAPLE TRANSPONDER REFUNDS 25.00 53515 JORDAN BELMAN-CUTLER MAPLE TRANSPONDER REFUNDS 25.00 53515 DANIEL RUBIN MAPLE TRANSPONDER REFUNDS 25.00 53515 BRIAN BROOKE MAPLE TRANSPONDER REFUNDS 25.00 53515 VIRGINIA ROEDER MAPLE TRANSPONDER REFUNDS 25.00 53515 VILLAGE OF NILES MAPLE TRANSPONDER REFUNDS 25.00 64005 MC SQUARED ENERGY UTILITIES 4,695.26 65050 DEPENDABLE FIRE EQUIPMENT INC.MAPLE GARAGE FIRE EXTINGUISHER INSPECTION 229.60 7037 MAPLE GARAGE Total 8,175.86 505 PARKING SYSTEM FUND Total 48,288.73 510 WATER FUND 510 WATER SUPPORT 22700 ROBERT & MELISSA JOHNSON OVERPAYMENT OF WATER #3362580-02 123.48 510 WATER SUPPORT 123.48 4200 WATER PRODUCTION 56140 ILLINOIS DEPT OF REVENUE *SALES TAX AUG 2016 10.00 65095 OFFICE DEPOT OFFICE SUPPLIES 130.64 4200 WATER PRODUCTION Total 140.64 4210 PUMPING 64005 MC SQUARED ENERGY UTILITIES 85,408.81 4210 PUMPING Total 85,408.81 4220 FILTRATION 62465 EUROFINS EATON ANALYTICAL FY2016 LABORATORY TESTING-ROUTINE COMPLIANCE 835.00 65015 ALEXANDER CHEMICAL CORPORATION LIQUID CHLORINE (PER SPEC)2,528.00 65030 CARUS PHOSPHATES, INC.ORTHOPOLYPHOSPHATE (PER SPEC)17,122.14 4220 FILTRATION Total 20,485.14 4540 DISTRIBUTION MAINTENANCE 65051 BUILDERS ASPHALT, LLC 2016 SINGLE SOURCE HOT MIX ASPHALT PURCHASE 472.16 65055 ZIEBELL WATER SERVICE PRODUCTS INC STAINLESS STEEL REPAIR CLAMPS 3,743.25 65055 G & L CONTRACTORS, INC 2016 GRANULAR MATERIALS 4,339.24 4540 DISTRIBUTION MAINTENANCE Total 8,554.65 510 WATER FUND Total 114,712.72 513 WATER DEPR IMPRV & EXTENSION FUND 7330 WATER FUND DEP, IMP, EXT 733107 62145 CDM SMITH, INC.RFP 15-55 TREATED WATER STORAGE ENGINEERING 37,002.19 416450 65515 IL DEPT OF TRANSPORTATION EMERSON/RIDGE/GREENBAY IDOT FUNDING AGREEMENT 602,682.60 7330 WATER FUND DEP, IMP, EXT Total 639,684.79 513 WATER DEPR IMPRV & EXTENSION FUND Total 639,684.79 515 SEWER FUND 4530 SEWER MAINTENANCE 62415 G & L CONTRACTORS, INC 2016 DEBRIS HAULING 5,050.00 65051 BUILDERS ASPHALT, LLC 2016 SINGLE SOURCE HOT MIX ASPHALT PURCHASE 724.36 4530 SEWER MAINTENANCE Total 5,774.36 515 SEWER FUND Total 5,774.36 520 SOLID WASTE FUND 4310 RECYCLING AND ENVIRONMENTAL MAIN 56155 ILLINOIS DEPT OF REVENUE *SALES TAX AUG 2016 14.00 62415 GROOT RECYCLING & WASTE SERVICES CONTRACT EXTENSION - RESIDENTIAL SOLID WASTE COLLECTION 133,859.34 62415 GROOT RECYCLING & WASTE SERVICES CONTRACT EXTENSION FOR YARD WASTE COLLECTION 72,775.32 4310 RECYCLING AND ENVIRONMENTAL MAIN Total 206,648.66 520 SOLID WASTE FUND Total 206,648.66 44 of 326 CITY OF EVANSTON BILLS LIST PERIOD ENDING 09.27.2016 600 FLEET SERVICES FUND 7705 GENERAL SUPPORT 62295 MUNICIPAL FLEET MGRS ASSC C/O JACK GRAY MEETING FOR SEPTEMBER 75.00 7705 GENERAL SUPPORT Total 75.00 7710 MAJOR MAINTENANCE 62355 CINTAS #22 WEEKLY UNIFORM SERVICE 165.32 62355 CINTAS #23 WEEKLY UNIFORM SERVICE 163.07 65015 1ST AYD CORPORATION SHOP CHEMICALS 868.54 65015 LAWSON PRODUCTS INC.ANTI RUST CHEMICALS 145.38 65035 ACCURATE TANK TECHNOLOGIES FUEL TANK CONDUIT REPAIRS...6,975.00 65035 GAS DEPOT INC.7,301 GALLONS B-20 BIO-DIESEL FUEL 12,719.73 65035 GAS DEPOT INC.8,000 GAL UNLEADED GAS 13,477.68 65060 ALLTECH AUTO INC.#618 BODY REPAIRS...1,587.20 65060 ALLTECH AUTO INC.#765 BODY REPAIRS 631.62 65060 BUCK BROTHERS, INC.#756 SUSPENSION PARTS 265.28 65060 BUCK BROTHERS, INC.GASKET 6.71 65060 CUMBERLAND SERVICENTER #720 COOLANT REPAIRS...1,777.54 65060 CUMBERLAND SERVICENTER DRIER CRTG PARTS 320.44 65060 DOUGLAS TRUCK PARTS 12 FIRE EXTINGUISHERS 246.00 65060 DOUGLAS TRUCK PARTS CREDIT -499.00 65060 DOUGLAS TRUCK PARTS FUEL FILTERS 426.04 65060 HAVEY COMMUNICATIONS INC.TOMAR LIGHTS & UNITROL REBUILT 351.10 65060 INTERSTATE BATTERY OF NORTHERN CHICAGO 5 VEHICLE BATTERIES 465.57 65060 LEACH ENTERPRISES, INC.AIR BRAKE CARTRIDGE 147.86 65060 LEACH ENTERPRISES, INC.CHECK VALVE 40.86 65060 MONROE TRUCK EQUIPMENT BEARINGS 83.92 65060 MONROE TRUCK EQUIPMENT SPINNER ROD 31.68 65060 PATTEN INDUSTRIES #683 BELT 150.62 65060 RUSSO POWER EQUIPMENT 2- 5GAL PAILS OIL 180.38 65060 STANDARD EQUIPMENT COMPANY #661 HUB ASSY 615.38 65060 STANDARD EQUIPMENT COMPANY #954 DEBRIS HOSE 1,310.20 65060 STANDARD EQUIPMENT COMPANY BANK LOK COUPLER 87.34 65060 STANDARD EQUIPMENT COMPANY CAB SHIELD MOUNT #636 1,443.00 65060 STANDARD EQUIPMENT COMPANY CALIPERS FOR #661 SWEEPER 3,729.81 65060 STANDARD EQUIPMENT COMPANY FREIGHT FOR PARTS ON 24.35 65060 STANDARD EQUIPMENT COMPANY #661 FRONT BRAKE PARTS SWEEPER 2,374.89 65060 STANDARD EQUIPMENT COMPANY HYDRAULIC FILTERS 307.73 65060 STANDARD EQUIPMENT COMPANY LOCK WASHER #661 450.42 65060 STANDARD EQUIPMENT COMPANY LOK WASHERS & OIL SEAL #661 119.66 65060 STANDARD EQUIPMENT COMPANY O-RING #661 1.00 65060 STANDARD EQUIPMENT COMPANY QUICK CLAMP #954 89.91 65060 STANDARD EQUIPMENT COMPANY SPANNER SOCKET TOOL 546.56 65060 VERMEER MIDWEST BELT SHIELD #560 551.89 65060 WINTER EQUIPMENT CO, INC SNOW PLOW BLADES AND GUARDS 5,591.29 65060 ZARNOTH BRUSH WORKS, INC.SNOW PLOW BLADE RUBBER EDGES 2,663.68 65060 WEST SIDE EXCHANGE #680 FUEL INJECTOR REPAIRS 8,456.78 65060 WEST SIDE EXCHANGE CREDIT -50.00 65060 REFUSE PARTS & EQUIPMENT TIPPER VALVE 807.69 65060 BALTIC MARINE SERVICES, INC.#436 FLOOR REPAIRS 902.29 65060 ACCURATE TANK TECHNOLOGIES PARTS FOR FUEL TANK 181.00 65060 GLOBAL EMERGENCY PRODUCTS, INC.RESERVOIR CAP 38.52 65060 ARI PHOENX, INC.INSPECTION/SERVICE ON LIFT 1,000.60 65060 FOSTER COACH SALES, INC.CARBON MEDIA PAD FILTER 84.26 65060 BILL'S AUTO & TRUCK REPAIR #451 REPAIRS 485.26 65060 CARQUEST EVANSTON HYD FITTING 6.61 65060 CARQUEST EVANSTON HYDRAULIC FITTINGS 6.61 65060 CARQUEST EVANSTON STT LAMPS 36.00 65060 GOLF MILL FORD #159 AIR FILTER RES 13.96 65060 GOLF MILL FORD #166 RADIATOR 608.34 65060 GOLF MILL FORD #43 SEAT HANDLE 23.43 65060 GOLF MILL FORD #51 ARM ASSY 195.06 65060 GOLF MILL FORD #51 ARM ASSY NUT 10.36 65060 GOLF MILL FORD CREDIT -357.12 65060 ORLANDO AUTO TOP #449 REBUILD SEAT CUSHION 160.00 65060 ORLANDO AUTO TOP #51 D/S SEAT CUSHION REPAIR 450.00 65060 SIGLER'S AUTOMOTIVE & BODY SHOP, INC.#623 SANDBLAST DUMP BODY 4,987.00 65060 CHICAGO PARTS & SOUND, LLC BRAKE PADS & ROTORS 349.90 65060 ADVANCED PROCLEAN INC.POWER WASHING 911.85 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #578 TENSIONER PULLEY 274.90 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #615 BATTERY BOX 359.43 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #923 STARTER 560.12 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC ABS VALVE MOD 211.21 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC ABS VALVE MODULATOR 211.21 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC FRONT OIL SEAL KIT 53.77 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC WATER PUMP#722 174.69 65065 WENTWORTH TIRE SERVICE #321 NEW TIRES 2,949.44 65065 WENTWORTH TIRE SERVICE 1 NEW TIRE 516.98 65065 WENTWORTH TIRE SERVICE 2 NEW TIRES 559.36 65065 WENTWORTH TIRE SERVICE 4 NEW TIRES 456.12 65085 AUTOMOTIVE LIFT SERVICE SLIDER ARM ASSY LIFT IN FLEET GARAGE 5,080.00 65090 CINTAS FIRST AID & SUPPLY 1ST AID SUPPLIES 110.67 7710 MAJOR MAINTENANCE Total 91,461.95 600 FLEET SERVICES FUND Total 91,536.95 45 of 326 CITY OF EVANSTON BILLS LIST PERIOD ENDING 09.27.2016 605 INSURANCE FUND 7800 RISK MANAGEMENT 66044 STATE TREASURER, ILLINOIS WORKERS'ILLINOIS WORKERS COMPENSATION COMMISSION 2,416.72 7800 RISK MANAGEMENT Total 2,416.72 605 INSURANCE FUND Total 2,416.72 Grand Total 2,862,702.07 46 of 326 CITY OF EVANSTON BILLS LIST PERIOD ENDING 09.27.2016 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT SUPPLEMENTAL BILLS LIST ATTACHMENT INSURANCE VARIOUS CASUALTY 20,827.70 VARIOUS WORKERS COMP 6,734.95 VARIOUS WORKERS COMP 11,948.96 39,511.61 SEWER 7555.68305 IEPA LOAN DISBURSEMENT SEWER FUND 171,173.91 171,173.91 VARIOUS TWIN EAGLE NATURAL GAS-AUGUST, 2016 14,671.77 BANK OF AMERICA PURCHASING CARD-AUGUST 197,953.89 212,625.66 423,311.18 Grand Total 3,286,013.25 PREPARED BY DATE REVIEWED BY DATE APPROVED BY DATE 47 of 326 For City Council meeting September 26, 2016 Item A3.1 Business of the City by Motion: Gibbs-Morrison Sound Studio Equipment For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Lawrence C. Hemingway, Director Parks, Recreation & Community Services Karen Hawk, Assistant Director Community Services Subject: Contract Award for Delores A. Holmes Recording Studio equipment and installation Date: September 26, 2016 Recommended Action: Staff recommends that City Council award the contract to provide all recording studio equipment and installation of the Delores A. Holmes recording studio at Gibbs-Morrison Cultural Center to Gand Sound Installations (1107 Mark St., Elk Grove, IL 60007) in the amount of $23,223.11. Funding Source: Funding is provided from Gibbs-Morrison Cultural Center general fund (Account 100.30.3225.65515). Livability Benefits: Built Environment: Enhance public spaces Education, Arts & Community: Incorporate arts and cultural resources, Promote a cohesive and connected community Summary: The City of Evanston purchased the site formerly known as BooCoo in December 2014. The single story building now known as Gibbs-Morrison Cultural Center operates as a city run facility in the Parks, Recreation and Community Services Department. The facility includes a variety of cultural and recreational programs for all ages, in addition to a café leased to First Slice Pie Café, a multi-purpose room, as well as recording studio space. Memorandum 48 of 326 In April of 2016, Northwestern University donated $25,000.00 to the Gibbs-Morrison Cultural Center to purchase equipment and instruments to outfit the recording studio. The recording studio will be named the Delores A. Holmes Recording Studio at Northwestern University’s request. In August of 2016, staff solicited proposals for installation of a recording studio at the Gibbs-Morrison Cultural Center. The current space allows for a control room, recording studio and isolation booth. Proposals were to include all necessary sound equipment, instruments, connections, cables, sound proofing tiles, installation and labor charges to outfit a professional grade and fully operational recording studio to industry standards. Requests for proposals were advertised with a due date of September 13, 2016. Proposals were received from the following three vendors: Gand Sounds Installations 1107 Mark St. Elk Grove, IL $23,233.11 PME 6 E. Monroe, Chicago, IL $29,181.14 VSA Chicago 1100 W. Lake Cook, Buffalo Grove, IL $37,356.00 Based on proposals received, staff recommends the contract be awarded to Gand Sound Installations as the lowest responsible bidder. Gand Sound Installations has provided audio, video, lighting, acoustic treatment and computer technology at many Chicagoland venues including: Evanston Township High School Auditorium, New Trier High School Auditorium, Second City Comedy Club, Buddy Guy’s Legends and many others. Gand Sound Installations has won numerous industry awards. Attachment: Professional Services Agreement M/W/EBE Memo 49 of 326 50 of 326 51 of 326 52 of 326 53 of 326 54 of 326 55 of 326 56 of 326 57 of 326 58 of 326 59 of 326 60 of 326 61 of 326 RFP 16-64, Contract Award for Gibbs-Morrison Sound Studio, M/W/EBE Waiver Memo 09.26.2016 To: Lawrence Hemingway, Director Parks, Recreation & Community Services Karen Hawk, Assistant Director Community Services From: Tammi Nunez, Purchasing Manager Subject: Contract Award for Gibbs-Morrison Sound Studio, RFP 16-64 Date: September 26, 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, RFP 16-64, Award for Gibbs- Morrison Sound Studio precludes subcontracting opportunities. Therefore, a waiver is granted. CC: Martin Lyons, Assistant City Manager/CFO Memorandum 62 of 326 For City Council meeting of September 26, 2016 Item A3.2 Business of the City by Motion: Church Street Boat Ramp Improvements, Change Order 2 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: Church Street Boat Ramp Improvements, (Bid No. 15-29) Change Order #2 Date: September 26, 2016 Recommended Action: Staff recommends City Council authorize the City Manager to approve Change Order #2 for the Church Street Boat Ramp Improvements (Bid No. 15-29) which modifies the project’s completion date to December 31, 2016. There is no change to the project cost. Funding Source: Funding is provided from Capital Improvement Program (CIP) General Obligation Bonds (Accounts 415.26.4150.65515 – 416127 and 415.26.4150.65515 – 416456). This project was budgeted at $670,000 in FY 2015 ($470,000 in Account 416127 and $200,000 in Account 416456). Livability Benefits: Built Environment: Enhance public spaces Health & Safety: Promote healthy, active lifestyles; Enhance resiliency to natural & human hazards Background Information: The existing boat ramp and harbor facility at Church Street is deteriorated and in need of renovation. The scope of the improvement project currently being constructed by Kovilic Construction Company, Inc. (Kovilic) includes: Memorandum 63 of 326 1. Ramp: extension and repair of the existing ramp including a new seasonal floating dock for use during launch and retrieval 2. Catwalk: modification of the existing catwalk to eliminate the deteriorated steel decking 3. South Pier: modification of the existing pier to eliminate the steel decking, rub strakes and ladders and installation of barricade fencing on the pier abutment Presently all work is complete with the exception of lane striping and minor punch list corrective work which could not be completed without impacting the boating season. Analysis: Kovilic’s existing contract includes new lane striping for the ramp but did not include removal of existing lane striping. As a result, Kovilic submitted a proposal to remove the existing lane striping at a cost of $3,988. This additional cost will be absorbed by an unused pay item (non-special / special waste disposal) resulting in no change to the current contract price. In order to not impact ongoing seasonal operations at the ramp, the lane striping work is planned to occur in the fall of 2016, thus requiring a contract extension until December 31, 2016. Staff therefore recommends approval of change order #2 which extends the contract’s completion date to December 31, 2016. As noted above, there is no change to the contract price as a result of this change order. Legislative History: January 11, 2016 Change Order 1 approved by City Council June 22, 2015, the City Council awarded the construction contract to Kovilic. July 14, 2014 the City Council awarded the design contract to SmithGroup JJR. Attachments: Cost Proposal from Kovilic Change Order #2 64 of 326 65 of 326 66 of 326 For City Council meeting of September 26, 2016 Item A3.3 Business of the City by Motion: Change Order for 50/50 Sidewalk Replacement For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Public Works Agency Director Lara Biggs, P.E., Bureau Chief – Capital Planning / City Engineer Rajeev Dahal, Senior Project Manager Subject: 2016 50/50 Sidewalk Replacement Project (Bid No. 16-37) Change Order No. 2 Date: September 13, 2016 Recommended Action: Staff recommends that City Council authorize the City Manager to execute Change Order No. 2 to the contract for the 2016 50/50 Sidewalk Replacement Project (Bid No. 16-37) with Schroeder & Schroeder Inc. (7306 Central Park Avenue, Skokie, IL 60076) in the amount of $17,501. Change Order No. 1 increased the contract amount from $200,640 to $215,660. Proposed Change Order No. 2 will increase the contract amount to $233,161. Funding Source: Funding for this work will be from the Neighborhood Traffic Calming and Pedestrian Safety (Account 415.40.4116.65515 – 416515) which has $100,000 budgeted in 2016. Livability Benefits: Built Environment: provide complete streets & promote diverse transportation modes Health & Safety: promote healthy and active lifestyles Background: The City Council awarded the 2016 50/50 Sidewalk Replacement Project to Schroeder & Schroeder Inc. on May 23, 2016. This project provides for the replacement of sections of deteriorated sidewalk at the request of the property owner as a 50/50 cost share with the City. The scope of Change Order No. 1 included the removal of deteriorated sidewalk at the Chandler-Newberger Center and widening it to 10 feet to accommodate service vehicle access to the building and adjacent grounds. This change order includes the replacement of approximately 380 feet of deteriorated sidewalk on the south side of Lincoln Street adjacent to the community golf course between Asbury Avenue and Wesley Avenue. Attachments: Proposed Change Order No. 2 Memorandum 67 of 326 68 of 326 For City Council meeting of September 26, 2016 Item A3.4 Business of the City by Motion: Police/Fire HQ Data Center – Emergency Construction Services, Change Order 4 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: Police/Fire Headquarters Data Center – Emergency Construction Services Change Order #4 Date: September 26, 2016 Recommended Action: Staff recommends City Council authorize the City Manager to approve Change Order #4 for the Police/Fire Headquarters Data Center Emergency Construction Services project which increases the contract amount from $159,708 to $171,082 and modifies the project’s completion dates to December 31, 2016. Funding Source: Funding for the project is provided from the Capital Improvement Program (CIP) General Obligation Bonds (Account 415.40.4116.65502 – 415179) and from E911 Funds (Account 205.22.5150.65625). This change order is funded from Facilities Contingency, which was budgeted at $200,000 in FY 2016 and has a remaining balance of $42,604. Livability Benefits: Health and Safety: improve emergency prevention and response, enhance resiliency to natural and human hazards Background Information: In spring 2016 Nesko Electric Company completed a power upgrade for the data center located at the Police/Fire Headquarters. This work was completed under an emergency contract due a power failure which occurred to the 911 Center in the fall of 2015. During final review of Nesko’s installation it was determined that the new electrical system serving the 911 Center could no longer connect to a portable generator should the permanent generator experience a failure. As a result, Nesko was asked to provide pricing to install a portable generator connection to address this potential occurrence. Memorandum 69 of 326 The City is currently considering purchase of a portable generator to service both the Police/Fire Headquarters and Service Center (currently the City utilized rented equipment). Electrical load for the emergency panel at the Police/Fire Headquarters has already been evaluated but the emergency panel’s load at the Service Center is unknown at this time. As a result, Nesko was also asked to provide pricing to perform a three day load test at the Service Center so a future portable generator purchase can be sized correctly. Analysis: Staff recommends approval of change order #4 to install the required portable generator connection which will ensure backup power can be provided to the 911 Center and to perform a three day load test at the Service Center. The total additional cost to the contract for this work is $11,374. Nesko’s contract will also be extended until December 31, 2016 to provide adequate time to perform this additional work. Please note change order #1 and #3 were approved by staff and related to replacement of a deteriorated existing power panel and field required equipment modifications respectively. Legislative History: December 14, 2015, Construction Contract awarded to Nesko. February 22, 2016, Change Order #2 approval Attachment: Change Order #4 Nesko Electric Company Proposal Letter 70 of 326 CITY OF EVANSTON CHANGE ORDER Order No. 004 Date: 09/26/2016 Agreement Date: 12/15/2015 PROJECT: 911 Emergency Distribution Modifications OWNER: City of Evanston CONTRACTOR: Nesko Electric Company The following changes are hereby made to the AGREEMENT: 1.Install new temporary generator connection at Police Station including acceptance of alternate #1 to lockout existing transfer switch into normal position and provide proper warning label on face of ATS ($15,651). 2. Provide load test at data center located at 2020 Asbury Avenue (Evanston Service Center) ($1,900). Change to CONTRACT PRICE: $11,374 Original BASE CONTRACT PRICE: $ 146,368.00 Original CONSTRUCTION CONTINGENCY $ 13,340.00 Original TOTAL CONTRACT PRICE: $ 159,708.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDERS $ 159,708.00 Total change in CONTRACT PRICE for this CHANGE ORDER $ 11,374.00 The CONTRACT PRICE including this CHANGE ORDER will be $ 171,082.00 Change to CONSTRUCTION CONTINGENCY -$6,177.00 Original CONSTRUCTION CONTINGENCY $ 13,340.00 Current CONSTRUCTION CONTINGENCY $ 6,177.00 This CHANGE $ -6,177.00 CONSTRUCTION CONTINGENCY balance $ 0.00 Current Date for Contract Completion 03/25/2016 Time Extension (in calendar days) 281 days Modified Date for Contract Completion 12/31/2016 Approved by (Owner): 09/26/2016 City of Evanston Date Accepted by (Contractor): [Nesko Electric Company] Date 71 of 326 January 25, 2016 Stefanie Levine Senior Project Manager Public Works Agency City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 Re: Evanston 911 emergency call center 1454 Elmwood Ave. Evanston, IL. 60201 Dear Stefanie, Nesko Electric is pleased to provide you with this electrical proposal for the proposed modifications to the existing emergency power configuration at the above referenced facility. We propose to furnish labor and necessary material per the scope of work as defined on the electrical drawing issued by MEPC dated August 9, 2016 and in accordance with the following clarifications. Nesko Shall Furnish and install the following: Disconnect and remove the existing Generator connection plug box. Patch and seal existing wall penetration. Disconnect and remove existing generator cabling to ATS-2 and cap off conduit ends. Furnish and install one new 400 amp 120/208 volt 3 phase 4 wire nema 3R Generator connection cabinet, furnished with camlocks for easy connection of temp generator. Cut existing ATS-1 conduit and cabling and intercept feeder and provide one pull box. Extend existing ATS-1 feeder from pull box to generator control cabinet. Shut down power to ATS-2 (2 hour Premium time included) remove electrical components within housing and splice feeders together. The investment for the modifications as described above is $16,334.00 Alternate #1 In lieu of removing the internal components in ATS-2; lockout the existing transfer switch into the normal position and provide proper warning labeling on the face of the ATS. For this alternate as described above please deduct $683.00 from the above total amount listed. If you should have any questions, please do not hesitate to call me. Respectfully submitted, NESKO DESIGN/BUILD ELECTRIC COMPANY Daniel Pena Senior Project Manager 72 of 326 September 13, 2016 Ms. Stefanie Levine Senior Project Manager Public Works Agency City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 Re: Evanston Service Center 2020 Ashbury Ave. Evanston, IL. 60201 Dear Stefanie, Nesko Electric is pleased to provide you with this electrical proposal for the proposed electrical data recording to the existing emergency power distribution for the above referenced facility. In order to confirm the demand of the load of the exiswting emergency power service, it is recommended that a recording meter be placed on the existing main transfer switch for a period of three (3) working days. The cost for Nesko to provide, install and remove the meter; provide documentation (downloaded transferred to excel format) is as follows. The investment for the scope as described above is $1,900.00 If you should have any questions, please do not hesitate to call me. Respectfully submitted, NESKO DESIGN/BUILD ELECTRIC COMPANY Daniel Pena Senior Project Manager 73 of 326 Ma To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: David Stoneback, Public Works Agency Director James Maiworm, Bureau Chief of Infrastructure Maintenance Subject: School District 65 salt agreement 2016/17 Date: August 31, 2016 Recommended Action: Staff is recommending City Council authorize the City Manager to sign an agreement with Evanston School District 65 for the sale of rock salt in the amount of $56.33 per ton for the period November 15, 2016 to April 15, 2017. This price includes a 10% administration and handling fee. This price reflects a $20.38 decrease in price as the overall price of salt has decreased. Livability Benefits: Built Environment: Promote diverse transportation modes Climate & Energy: Reduce material waste Health & Safety: Enhance resiliency to natural & human hazards Summary: The City of Evanston has been selling rock salt to the school district for many years for the purpose of deicing their driveways, roadways and parking lots. District 65 does not have sufficient indoor storage capacity to house the 300 tons of salt they use each year. The City takes into consideration the quantity of salt that the school districts will use when placing the master salt order each year. The 10% administration fee covers expenses related to loading, record keeping and procurement, etc. Attachment: Letter Agreement Memorandum For City Council meeting of September 26, 20156 Item A3.5 Business of the City by Motion: School District 65 Salt Agreement For Action 74 of 326 City of Evanston- Evanston School District 65 Letter Agreement for Road Salt (Sodium Chloride) Procurement Evanston School District 65(hereinafter referred to as “D65”) has been procuring road salt from City of Evanston (hereinafter referred to as “City”) for many year for the purpose of deicing D65 driveways, roadways, and parking lots. The City has historically taken into consideration D65’s salt requirements when determining the amount of salt to purchase each year. This letter agreement formalizes the long-standing arrangement for salt procurement between the City and D65. 1. Ordering: The City is solely responsible for ordering all salt with its awarded supplier. 2. Record-Keeping: The City will maintain records of all transactions between the City and D65. 3. Salt Pick-up: D65 shall pick up salt at the City’s salt dome location at 2020 Asbury Avenue, Evanston, IL. D65 must provide City a 12-hour advance notice prior to picking up salt. The City’s loader operator stationed at the dome will load D65 salt hopper. If no operator is on site, D65 must contact Streets & Sanitation Offices for loading. 4. Pricing: The salt price under this agreement is $56.33/ton, which equates to the City’s purchase prices of salt ($51.21/ton) plus a 10% administration and handling fee that covers expenses related to loading, record keeping, procurement, etc. No cost is transferred for storage of salt. 5. Payments: Payment is due in 30 days or late fee (s) may be assessed. Invoices must be returned with payment. 6. Amount: D65 is authorized to purchase up to 300 tons of road salt for the term of this agreement. However, the City reserves the right to reduce this amount for any reason with one weeks’ notice. 7. Indemnity: D65 shall defend and hold harmless the City and its elected officials, assigns, officers, directors, employees, agents, and servants from and against any and all liabilities, obligations, losses, damages, penalties, judgments, settlements, claims, actions, suits, proceedings, costs, expenses, and disbursements, including legal fees and expenses, of whatever kind of nature, imposed on, incurred by or asserted against the City, is successors, assigns, officers, directors, employees, agents and servants, in any way relating to or arising out of the terms of this agreement. 8. Term: The term of this agreement is from November 15, 2016 to April 15, 2017. _____________________ _______________________ Authorized Signature Mr. Wally Bobkiewicz Evanston School District 65 City Manager City of Evanston ______________________ ________________________ Date Date 75 of 326 Ma To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: David Stoneback, Public Works Agency Director James Maiworm, Bureau Chief of Infrastructure Maintenance Subject: School District 202 salt agreement 2016/17 Date: August 31, 2016 Recommended Action: Staff is recommending City Council authorize the City Manager to sign an agreement with Evanston School District 202 for the sale of rock salt in the amount of $56.33 per ton for the period November 15, 2016 to April 15, 2017. This price includes a 10% administration and handling fee. This price reflects a $20.38 decrease in price as the overall price of salt has decreased. Livability Benefits: Built Environment: Promote diverse transportation modes Climate & Energy: Reduce material waste Health & Safety: Enhance resiliency to natural & human hazards Summary: The City of Evanston has been selling rock salt to the school district for many years for the purpose of deicing their driveways, roadways and parking lots. District 202 does not have sufficient indoor storage capacity to house the 300 tons of salt they use each year. The City takes into consideration the quantity of salt that the school districts will use when placing the master salt order each year. The 10% administration fee covers expenses related to loading, record keeping and procurement, etc. Attachment: Letter Agreement Memorandum For City Council meeting of September 26, 20156 Item A3.6 Business of the City by Motion: School District 202 Salt Agreement For Action 76 of 326 City of Evanston- Evanston Township High School District 202 Letter Agreement for Road Salt (Sodium Chloride) Procurement Evanston Township High School District 202(hereinafter referred to as “D202”) has been procuring road salt from City of Evanston (hereinafter referred to as “City”) for many year for the purpose of deicing D202 driveways, roadways, and parking lots. The City has historically taken into consideration D202’s salt requirements when determining the amount of salt to purchase each year. This letter agreement formalizes the long-standing arrangement for salt procurement between the City and D202. 1. Ordering: The City is solely responsible for ordering all salt with its awarded supplier. 2. Record-Keeping: The City will maintain records of all transactions between the City and D202. 3. Salt Pick-up: D202 shall pick up salt at the City’s salt dome location at 2020 Asbury Avenue, Evanston, IL. D202 must provide City a 12-hour advance notice prior to picking up salt. The City’s loader operator stationed at the dome will load D202 salt hopper. If no operator is on site, D202 must contact Streets & Sanitation Offices for loading. 4. Pricing: The salt price under this agreement is $56.33/ton, which equates to the City’s purchase prices of salt ($51.21/ton) plus a 10% administration and handling fee that covers expenses related to loading, record keeping, procurement, etc. No cost is transferred for storage of salt. 5. Payments: Payment is due in 30 days or late fee (s) may be assessed. Invoices must be returned with payment. 6. Amount: D202 is authorized to purchase up to 300 tons of road salt for the term of this agreement. However, the City reserves the right to reduce this amount for any reason with one weeks’ notice. 7. Indemnity: D202 shall defend and hold harmless the City and its elected officials, assigns, officers, directors, employees, agents, and servants from and against any and all liabilities, obligations, losses, damages, penalties, judgments, settlements, claims, actions, suits, proceedings, costs, expenses, and disbursements, including legal fees and expenses, of whatever kind of nature, imposed on, incurred by or asserted against the City, is successors, assigns, officers, directors, employees, agents and servants, in any way relating to or arising out of the terms of this agreement. 8. Term: The term of this agreement is from November 15, 2016 to April 15, 2017 _____________________ _______________________ Authorized Signature Mr. Wally Bobkiewicz Evanston Township High School District 202 City Manager City of Evanston ______________________ ________________________ Date Date 77 of 326 For City Council meeting of September 26, 2016 Item A3.7 Business of the City by Motion: Purchase of Trees/Planting for Fall Planting For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Director of Public Works Agency Paul D’Agostino, Environmental Services Bureau Chief Subject: Purchase of Trees and Planting Services for Fall Planting Date: September 22, 2016 Recommended Action: Staff recommends City Council approve the purchase of 70 trees and planting services for 75 trees from Suburban Tree Consortium (STC) in the amount of $32,191.60. Funding Source: Funding for this purchase is provided from three sources. The first is a general fund line item in the Forestry Division budget (Account 100.40.4320.65005). The total budget within this line item is $90,000 which is used for both the spring and fall planting seasons. The second source of funding is the “Replant Express” program (Account 100.40.4320.65005). This program allows residents to pay $250 (the cost of a 2.5” tree plus delivery) to be added to our planting list immediately, rather than waiting the two years it typically takes for a replacement tree. There are twenty-three additional trees being planted through this program which generated $5,750 in payments. The third source is from donations to the I Heart Evanston Trees fund (Account 100.40.4105.53737), which has generated $5,147 so far in 2016. Livability Benefits: Climate & Energy: Improve energy and water efficiency, Natural Systems: Protect and restore natural ecosystems. Summary: The STC solicits quotes each spring and fall from participating nurseries for us. In February, staff sent a listing of the required trees for parkway planting this spring season to the STC. The STC then solicited and received bids from member area nurseries to attempt to procure the trees we needed. Using the STC, we were able to Memorandum 78 of 326 locate all of the 2”/2.5” diameter tree species in the quantity we needed, as well as larger 3.5” diameter trees which specific residents requested and paid extra for. Residents are also able to choose the tree species for their parkway from a list of 5-6 available options. Most residents typically return the form with their preferred choice of tree. Once all of the quotes were finalized, the grand total for all 145 STC trees is $24,766.60, which includes delivery costs for the 70 trees being planted by City crews The trees are being supplied by three nurseries - Goodmark Nurseries, LLC. (8920 Howe Road, Wonder Lake, IL); South Branch Nurseries, Inc. (18101 Route 176, Union, IL); and Possibility Place Nursery (7548 W. Monee-Manhattan Rd., Monee, IL). In addition to the purchase price of the trees, the STC tree planting contractor, Pugsley & Lahaie, Ltd. (24414 N. Old McHenry Road, Lake Zurich, IL), has specific costs for planting different size trees, which are agreed to in writing with the STC and all member municipalities. Staff has set up a preliminary agreement with PLL for them to plant 75 of the trees for a total cost of $7,425.00. Once this agreement is approved, PLL will pick up their trees directly from the nurseries, deliver them to the individual sites, and plant them. Legislative History: In June of 2001, the City Council passed Ordinance 65-O-01, which authorized the City of Evanston to join and participate in the Suburban Tree Consortium (STC). The benefit of this membership is that by merging orders with other municipalities, our buying power is increased through economies of scale. In addition, Resolution 60-R-02 was passed in August 2002, which expressed the intent of the City of Evanston to remain a member of the STC as long as sufficient funding is appropriated. Another advantage of membership is our ability to pre-order specific tree species for five years into the future. This allows the nurseries to grow a large percentage of the exact tree species we will need in future years. ------------------------------------------------------------------------------------- Attachments: Nursery order confirmations Planting contract cost agreement 79 of 326 80 of 326 81 of 326 82 of 326 83 of 326 84 of 326 To: Honorable Mayor Tisdahl and Members of the City Council Administration & Public Works Committee From: Richard Eddington, Chief of Police Subject: Purchase of Subscription to Lexipol Date: September 1, 2016 Recommended Action: Staff recommends the City Council authorize the City Manager to execute a contract for the purchase of a yearly subscription to the Law Enforcement Policy Manual and Daily Training Bulletin Service from Lexipol (6B Liberty, Suite 200, Aliso Vlejo, CA 92656). The annual subscription cost for the web-based service is $23,246.00. There is also a one-time Implementation fee of $13,110.00 to review and update our current policies. Lexipol is offering a 10% discount on the implementation fee, which would bring the cost down to $11,799.00 if an agreement is received before September 30, 2016. Funding Source: The expenditure for this project will be charged to Police Administration – Service Agreements/Contract (Account 100.22.2205.62509). For 2016, the one-time implementation fee will be covered by budgetary savings in Police Administration – Rentals (Account 100.22.2205.62375) which has a budget of $33,430. For 2017, the purposed budget will include a re-allocation of budgeted funds from various Police expense accounts to Police Administration – Service Agreements/Contract (Account 100.22.2205.62509) to cover the annual subscription cost. Livability Benefits: Support Strong and Safe Communities: Improve emergency prevention and response Summary: Purchasing the annual subscription and implementation will provide the Police Department with state-specific policies that are customizable and vetted by law enforcement professionals, attorneys and subject matter experts to provide consistent, uniform policies that properly reflect federal and state law as well as law enforcement best practices. Memorandum For City Council meeting of September 26, 2016 Item A3.8 Business of the City by Motion: Subscription to Lexipol For Action 85 of 326 Lexipol updates their policies twice a year, but performs urgent updates immediately in response to changing statutes, new case law or an evolving best practice. Lexipol also includes a daily scenario-based training bulletin that examines pertinent case law/procedure that individual officers complete and are tested on daily. The policies and daily training bulletins help to enhance accountability by tracking officers who acknowledged the new policies and completed the daily trainings. Officers are able to access Lexipol through any internet connection and also through a mobile app. Lexipol is web-based and there is no software to install. Lexipol will also examine our current general orders and make recommendations to ensure they are up to date and in-line with current statutes/procedures. Attachments: Agreement and Proposal 86 of 326 Copyright 2016 © Lexipol, LLC 1995-2016 1 Rev 4/1/16 AGREEMENT FOR USE OF SUBSCRIPTION MATERIAL Agency’s Name: Agency’s Address: Attention: Lexipol’s Address: 6B Liberty, Suite 200 Aliso Viejo, CA 92656 Attention: Effective Date: ______________________________________________ (to be completed by Lexipol upon receipt of signed Agreement) The Agreement for Use of Subscription Material is between Lexipol, LLC, a Delaware limited liability company (“Lexipol”), and the Agency identified above. The Agreement consists of (a) this cover sheet; (b) Exhibit A (Subscriptions Being Purchased and Subscription Fees) attached to this cover sheet (consisting of 1 page), and (c) Exhibit B (General Terms and Conditions) attached to this cover sheet (consisting of 5 pages). Capitalized terms that are used in Exhibit A and not defined therein shall have the respective meanings given to them in Exhibit B. AGENCY LEXIPOL, LLC Signature: _____________________________ Signature: ______________________________ Print Name: ____________________________ Print Name: _Van Holland__________________ Title: __________________________________ Title: Chief Financial Officer_________________ Date Signed: ___________________________ Date Signed: ____________________________ 87 of 326 Copyright 2016 © Lexipol, LLC 1995-2016 Rev 4/1/16 EXHIBIT A SUBSCRIPTIONS BEING PURCHASED AND SUBSCRIPTION FEES Agency is purchasing the following: PRODUCT TERM PRICE Total Pricing is based on Law Enforcement - No. of Authorized Sworn Officers _______ (insert #) Custody - No. of Beds _______ (insert #) Fire - No. of Authorized Staff _______ (insert #) 88 of 326 Copyright 2016 © Lexipol, LLC 1995-2016 1 Rev 4/1/16 EXHIBIT B GENERAL TERMS AND CONDITIONS 1.Definitions. For purposes of this Agreement, each of the following terms will have the meaning indicated in this Section: 1.1 Agency’s Account. “Agency’s Account” means the account by which Agency accesses the Subscription Materials. 1.2 Agreement. “Agreement” means (a) the cover sheet to which these General Terms and Conditions are attached, (b) Exhibit A (Subscriptions Being Purchased and Subscription Fees) attached to that cover sheet, and (c) these General Terms and Conditions. 1.3 Initial Term/Contract Year. “Initial Term” means the twelve-month period commencing on the Effective Date and “Contract Year” means each twelve-month period commencing on each anniversary of the Effective Date, except as may otherwise be modified by Section 2.1 Term below. 1.4 Derivative Work. “Derivative Work” means a work that is based on the Subscription Material or any portion thereof, such as a revision, modification, abridgement, condensation, expansion, or any other form in which the Subscription Material or any portion thereof may be recast, transformed, or adapted. For purposes of this Agreement, a Derivative Work also includes any compilation that incorporates any portion of the Subscription Material. Further, “Derivative Work” includes any work considered a “derivative work” under United States copyright law. 1.5 Effective Date. “Effective Date” means the date specified on the cover sheet to which these General Terms and Conditions are attached. 1.6 Subscription Materials. “Subscription Materials” means the policy manuals, supplemental policy publications, daily training bulletins and other materials provided by Lexipol to Agency from time to time during the term of this Agreement under the subscriptions purchased by Agency as specified in Exhibit A. 2.Term and Termination. 2.1 Term. This Agreement is effective upon the execution and delivery of this Agreement by both Lexipol and Agency, and shall continue in effect until the expiration of the Initial Term; provided, however, that the term of this Agreement will automatically be extended for successive one-year periods thereafter (each a Contract Year), unless either party gives written notice to the other party to the contrary not less than thirty (30) days prior to the expiration of the Initial Term or the then current Contract Year, as the case may be. Notwithstanding the foregoing, however, this Agreement will be subject to termination as provided in Section 2.2 below. 2.2 Termination. This Agreement may be terminated by either party, effective immediately, (a) in the event that the other party fails to discharge any obligation or remedy any default under this Agreement for a period of more than thirty (30) calendar days after it has been given written notice of such failure or default; or (b) in the event that the other party makes an assignment for the benefit of creditors or commences or has commenced against it any proceeding in bankruptcy, insolvency or reorganization pursuant to the bankruptcy laws of any applicable jurisdiction. 2.3 Effect of Expiration or Termination. Upon the expiration or termination of this Agreement, all of the rights granted to Agency by this Agreement to the subscriptions identified on Exhibit 89 of 326 Copyright 2016 © Lexipol, LLC 1995-2016 2 Rev 4/1/16 A shall automatically terminate. The termination or expiration of this Agreement shall not, however, relieve either party from any obligation or liability that has accrued under this Agreement prior to the date of such termination or expiration. The right to terminate this Agreement pursuant to Section 2.2 above shall be in addition to, and not in lieu of, any other remedy, legal or equitable, to which the terminating party shall be entitled at law or in equity. The provisions of Sections 1 (Definitions), 4 (Copyright; Derivative Works; Lexipol’s Ownership), 5 (Right to Use; Limitations on Use of Subscription Material and Derivative Works), 7 (Privacy Policy), 8 (Policy Adoption), 9 (Disclaimer of Liability), 10 (Limitation of Liability), 12 (Miscellaneous), and this Section 2.3 shall survive the expiration or termination of this Agreement for any reason whatsoever. 3.Subscription Fees, Etc. 3.1 Subscription Fee/Invoicing. Lexipol will invoice Agency at the commencement of the Subscription Service (Initial Term) and thirty (30) days prior to the date for each Contract Year (refer to 2.1 above). Agency will pay to Lexipol the subscription fee specified on Exhibit A within thirty (30) days following Agency’s receipt of the invoice for such subscription and renewal fees. All invoices will be sent to Agency at the address for Agency specified on the cover sheet to which these General Terms and Conditions are attached. All payments will be made to Lexipol at the address for Lexipol specified on the cover sheet to which these General Terms and Conditions are attached. Lexipol reserves the right to increase pricing for subsequent Contract Years. 3.2 Taxes; Past Due Amounts. All amounts required to be paid under this Agreement, unless otherwise stated on Exhibit A, are exclusive of all taxes and similar fees now in force or enacted in the future imposed on the subscriptions purchased by Agency under this Agreement and/or delivery by Lexipol to Agency of Subscription Material, all of which Agency will be responsible for and will pay in full, except for taxes based on Lexipol’s net income. In the event any amount owed by Agency is not paid when due, and such failure is not cured within ten (10) days after written notice thereof from Lexipol, then in addition to any other amount due, Agency shall pay a late payment charge on the overdue amount at a rate equal to the lower of (a) one percent (1%) per month, or (b) the highest rate permitted by applicable law. 4.Copyright; Derivative Works; Lexipol’s Ownership. Agency acknowledges and agrees that the Subscription Material is a proprietary product of Lexipol, protected under U.S. copyright law, and that Lexipol reserves all rights not expressly granted in this Agreement. Subject to the terms and conditions contained in this Agreement, Lexipol hereby grants Agency the right to prepare Derivative Works, except as limited by the terms of this agreement; provided, however, that Agency acknowledges and agrees that Lexipol will be the sole owner of all right, title and interest in and to all Derivative Works prepared by or for Agency, including all copyrights and other intellectual property and proprietary rights therein or pertaining thereto, and Agency hereby assigns and transfers to Lexipol all right, title and interest in and to all Derivative Works prepared by or for Agency, including all copyrights and other intellectual property and proprietary rights therein or pertaining thereto. Agency will not remove from any copies of the Subscription Material provided by Lexipol to Agency any copyright notice or other proprietary notice of Lexipol appearing thereon, and shall include such copyright and other notices at the appropriate place on each copy of the Subscription Material and each copy of any Derivative Work made by or for Agency, in any form. 5.Right to Use; Limitations on Use of Subscription Material and Derivative Works. Subject to the terms and conditions contained in this Agreement, Lexipol hereby grants to Agency a perpetual, personal, fully paid-up, right to use, except as limited by the terms of this agreement the Subscription Material and any Derivative Works prepared by or for Agency, solely for the Agency’s internal purposes. Agency will not use, copy, republish, lend, distribute, post on servers, transmit, redistribute, display, in whole or in part, by any means or medium, electronic or mechanical, or by any information storage and retrieval system, any Subscription Material or any Derivative Work prepared by or for Agency other than as expressly authorized by the immediately preceding sentence. Without limiting 90 of 326 Copyright 2016 © Lexipol, LLC 1995-2016 3 Rev 4/1/16 the generality of the foregoing, Agency will not import, upload, or otherwise make available any Subscription Material or any Derivative Work prepared by or for Agency into or onto any third party knowledge, document, or other content management system or service without Lexipol’s prior written consent. The foregoing does not, however, prohibit or restrict Agency from providing Subscription Material or Derivative Works prepared by or for Agency pursuant to an order from a court or other governmental agency or other legal process, or Freedom of Information Act (FOIA) request, or Public Records Act (PRA) request, nor does it prohibit or restrict Agency from displaying the adopted/approved final policy document on a publicly accessible website for official Agency purposes, so long as Agency includes the appropriate copyright and other proprietary notices on such final policy document as required by Section 4 above. 6. Account Security. Agency is solely responsible for maintaining the confidentiality of Agency’s user name(s) and password(s) and the security of Agency’s Account. Agency will not permit access to Agency’s Account, or use of Agency’s user name(s) and/or password(s) by any person or entity other than authorized Agency personnel. Agency will immediately notify Lexipol in writing if Agency becomes aware that any person or entity other than authorized Agency personnel has used Agency’s Account or Agency’s user name(s) and/or password(s). 7. Privacy Policy. Lexipol will hold all information Agency provides in confidence unless required to provide information in accordance with an order from a court or other governmental agency or other legal process such as a Freedom of Information Act (FOIA) request, or Public Records Act (PRA) request. Lexipol will use commercially reasonable efforts to ensure the security of information provided by Agency. Lexipol’s system also uses Secure Socket Layer (SSL) Protocol for browsers supported by Lexipol application(s). SSL encrypts information as it travels between the Agency and Lexipol. However, Agency acknowledges and agrees that Internet data transmission is not always 100% secure and Lexipol does not warrant or guaranty that information Agency transmits utilizing the Lexipol system or online platform is 100% secure. Agency acknowledges that Lexipol may provide view-only access and summary information (including but not limited to, status of number of policies developed or in development, percentage of staff reviews of developed policies, and percentage of DTBs taken) to the Agency’s affiliated Risk Management Authority, Insurance Pool or Group, or Sponsoring Association, if they are actively funding their member Agencies’ Subscription Fees. 8. Policy Adoption. Agency hereby acknowledges and agrees that any and all policies and Daily Training Bulletins (DTBs) included in the Subscription Material provided by Lexipol have been individually reviewed, customized and adopted by Agency for use by Agency. Agency further acknowledges and agrees that neither Lexipol nor any of its agents, employees or representatives shall be considered “policy makers” in any legal or other sense and that the chief executive of Agency will, for all purposes, be considered the “policy maker” with regard to each and every such policy and DTB. 9. Disclaimer of Liability. In developing the Subscription Materials, Lexipol has made a good faith effort to comply with all applicable statutes, case law and industry standards in effect at the time such Subscription Materials are provided to Agency. While Lexipol has made such a good faith effort, Agency acknowledges and agrees that Lexipol its officers, agents, managers, and employees will have no liability to Agency or any other person or entity arising from or related to the Subscription Materials, or any act or omission by Agency or its personnel pursuant to, or in reliance on, any of the Subscription Materials. 10. Limitation of Liability. Lexipol’s cumulative liability to Agency and any other person or entity for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement or the use of any Subscription Materials shall not exceed the subscription fees actually paid to Lexipol for the use of the Subscription Materials under this Agreement during the twelve-month period immediately prior to the assertion of such claim, demand or action. In no event shall Lexipol be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Lexipol has 91 of 326 Copyright 2016 © Lexipol, LLC 1995-2016 4 Rev 4/1/16 been advised of the possibility of such damages. The limitations set forth in this Section shall apply whether Agency’s claim is based on breach of contract, tort, strict liability, product liability or any other theory or cause of action. 11. Non-Transferability. The subscriptions and rights to use the Subscription Material granted by this Agreement are personal to Agency and Agency shall not assign or otherwise transfer the same to any other person or entity. 12. Confidentiality. From time to time during the term of this Agreement, a party may be required to disclose information to the other party that is marked “confidential” or the like, or that is of such a type that the confidentiality thereof is reasonably apparent (“Confidential Information”). The receiving party will: (a) limit disclosure of any Confidential Information of the other party to the receiving party’s directors, officers, employees, agents and other representatives (collectively “Representatives”) who have a need to know such Confidential Information in connection with the business relationship between the parties to which this Agreement relates, and only for that purpose; (b) advise its Representatives of the confidential nature of the Confidential Information and of the obligations set forth in this Agreement and require such Representatives to keep the Confidential Information confidential and to use it only as permitted by this Agreement; (c) keep all Confidential Information confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information; and (d) not disclose any Confidential Information received by it to any third party (except as otherwise provided for herein). Notwithstanding the foregoing, however, a party may disclose Confidential Information of the other party pursuant to any governmental, judicial, or administrative order, subpoena, discovery request, regulatory request, or Freedom of Information Act (FOIA) request, or Public Records Act (PRA) request, or similar method, provided that the party proposing to make any such disclosure will promptly notify, to the extent practicable, the other party in writing of such demand for disclosure so that the other party may, at its sole expense, seek to make such disclosure subject to a protective order or other appropriate remedy to preserve the confidentiality of the Confidential Information. Each party shall be responsible for any breach of this Section by any of such party’s Representatives. Miscellaneous. 13.1 Governing Law. This Agreement shall be construed in accordance with, and governed by, the laws of the State of California, without giving effect to any choice of law doctrine that would cause the law of any other jurisdiction to apply. 13.2 Entire Agreement. This Agreement embodies the entire agreement and understanding of the parties hereto and hereby expressly supersedes any and all prior written and oral agreements and understandings with respect to the subject matter hereof, including without limitation any and all agreements and understandings pertaining to the use of the Subscription Materials by Agency. No representation, promise, inducement, or statement of intention has been made by any party hereto that is not embodied in this Agreement. Terms and conditions set forth in any purchase order, or any other form or document of Agency, which are inconsistent with, or in addition to, the terms and conditions set forth in this Agreement, are hereby objected to and rejected in their entirety, regardless of when received, without further action or notification by Lexipol, and shall not be considered binding on Lexipol unless specifically agreed to in writing by it. 13.3 Headings. The captions and other headings contained in this Agreement are for convenience only and shall not be considered a part of or affect the construction and interpretation of any provision of this Agreement. 13.4 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same document. 13.5 Amendment. No amendment, modification, or supplement to this Agreement shall be binding unless it is in writing and signed by the party sought to be bound thereby. 92 of 326 Copyright 2016 © Lexipol, LLC 1995-2016 5 Rev 4/1/16 13.6 Attorneys’ Fees. If any action is brought by either party to this Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorneys’ fees and expenses of litigation. 13.7 General Interpretation. The language used in this Agreement shall be deemed to be the language chosen by the parties hereto to express their mutual intent. This Agreement shall be construed without regard to any presumption or rule requiring construction against the party causing such instrument or any portion thereof to be drafted, or in favor of the party receiving a particular benefit under the Agreement. No rule of strict construction will be applied against any person or entity. 13.8 Notices. Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given by personal delivery, by certified mail, postage prepaid, or by recognized overnight delivery service to the appropriate party at the address of such party stated on the cover sheet to which these General Terms and Conditions are attached, or such other address as such party may indicate by a notice delivered to the other party in accordance with the terms of this Section. Alternatively, electronic mail or facsimile notice is acceptable when acknowledged by the receiving party. 13.9 Invalidity of Provisions. Each of the provisions contained in this Agreement is distinct and severable and a declaration of invalidity or unenforceability of any such provision or part thereof by a court of competent jurisdiction shall not affect the validity or enforceability of any other provision hereof. Further, if a court of competent jurisdiction finds any provision of this Agreement to be invalid or unenforceable, then the parties agree that the court should endeavor to give effect to the parties’ intention as reflected in such provision to the maximum extent possible. 13.10 Waiver. Lexipol’s failure to exercise, or delay in exercising, any right or remedy under any provision of this Agreement shall not constitute a waiver of such right or remedy. End of General Terms and Conditions 93 of 326 ILLINOIS LAW ENFORCEMENT POLICY MANUAL & DAILY TRAINING BULLETINS Presented to: Evanston Police Department Proposal Date: September 1, 2016 Lexipol 6B Liberty, Suite 200 Aliso Viejo, California 92656 949.484.4444 www.lexipol.com Karen James Senior Account Executive 949-325-1230 kjames@lexipol.com Proposal Valid Through: September 30, 2016 C O M P R E H E N S I V E , D E F E N S I B L E P O L I C Y A N D D A I L Y T R A I N I N G | L E X I P O L . C O M 94 of 326 LEXIPOL | COMPREHENSIVE, DEFENSIBLE POLICY AND DAILY TRAINING 2 September 1, 2016 Chief Richard Eddington Evanston Police Department 1454 Elmwood Avenue Evanston, Illinois 60201 Dear Chief Eddington, Thank you for the opportunity to propose our Law Enforcement Policy Manual and integrated Daily Training Bulletin service to your department. Since 2003, our proven policy and training solutions have helped public safety agencies across the country reduce risk, avoid litigation and focus more resources on proactive policing. Lexipol’s cost-effective model and easy-to-use web-based tools provide your agency with: Policies that reflect up-to-date, applicable industry standards and best practices Content specific to the laws and practices of Illinois Daily scenario-based training that reinforces your agency’s policies Timely updates in response to new legislation and case law Vetted by a team of attorneys specializing in public safety law, our content is used by more than 2,500 public safety agencies nationwide. As a Lexipol client, you will always have access to a current policy manual that reflects your agency’s values and policing philosophy, and the peace of mind that comes from knowing your agency is protected. Thank you again for your interest in Lexipol. Sincerely, LEXIPOL, LLC Karen James Karen James Senior Account Executive 95 of 326 . LEXIPOL | COMPREHENSIVE, DEFENSIBLE POLICY AND DAILY TRAINING 3 PROPOSAL FOR LAW ENFORCEMENT POLICY MANUAL PRESENTED TO: Evanston Police Department DATE: 9/1/2016 Lexipol Services Term Price Annual Subscription: Law Enforcement Policy Manual & Daily Training Bulletins w/ Supplemental Publication Service Annual $23,246 Total Recurring Annual Subscription $23,246 Implementation Support: Quick Start (Silver) Implementation Package Based 942 pages of current policy manual content One-time $13,110 10% Implementation Discount If Agreement received on or before 9/30/2016 One-time ($1,311) Implementation - Total One-Time Fees $11,799 Total Due - Year 1 $35,045 Pricing is based on: Law Enforcement – No. of Authorized Sworn Officers 166 SCOPE OF SERVICES: Law Enforcement Policy Manual & Daily Training Bulletins Compliant with state and federal laws and regulations Customized to reflect your agency’s terminology and structure Scenario-based daily training ties policy to real-world applications Each DTB includes a test question that reinforces policy comprehension Officers can complete DTBs via computers or iOS and Android mobile devices DTB completion and policy acknowledgement reports available by officer, topic or policy Policy Updates Delivered in response to new legislation, case law and evolving best practices Changes are presented in mark-up form and side-by-side comparison against existing policy Your agency can accept, reject or customize each update 96 of 326 LEXIPOL | COMPREHENSIVE, DEFENSIBLE POLICY AND DAILY TRAINING 4 Web-Based Delivery Platform & Mobile App (Knowledge Management System) Included with every subscription, this state-of-the-art web-based platform features: Ability to edit and customize content to reflect your agency’s mission and philosophy Efficient distribution of policies to staff Automated tracking and reporting of policy acknowledgement and completion of training by all staff Archival and easy retrieval of all versions of policy manual, should litigation require you to produce an earlier version Mobile app that provides in-the-field access to policy and training materials Quick Start (Silver) Implementation Services Two-way cross-reference report comparing the agency’s existing policy content to the Lexipol policy content One-on-one review with agency to discuss the cross-reference report Agency-specific Implementation Plan, Project Management Guide and project kickoff presentation webinar providing background on Lexipol policy structure, writing style and editing guidelines Customized project status tracker, project calendar and implementation timetable 8 hours f consultation / project management support to ensure immediate progress following the cross-reference review Supplemental Manual(s) Electronically links department-specific procedural content to your policy manual Automated tools help ensure consistency between policy and procedure material Perfect for standard operating guidelines/procedures, general orders or field guides Accreditation Tools Ability to integrate accreditation standards (e.g., CALEA) content into the agency’s policies Tracking and reporting tools that facilitate audits and assessments Customer Assistance & Support Training on the Lexipol web-based delivery platform Dedicated Account Management and Customer Service representatives assigned to agency and available via phone and email Lexipol Forum, an online user community of Lexipol subscribers, provides additional resources and opportunities to get questions answered and share best practices 97 of 326 For City Council meeting of September 26, 2016 Item A3.9 Business of the City by Motion: Contract for Wheel Tax Fulfillment Services For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/CFO Alex Thorpe, Revenue Manager Subject: Approval of Contract for Print, Mail and Fulfillment Services for Wheel Tax Renewal Process Date: August 31, 2016 Recommended Action: Staff recommends that the City Council authorize the City Manager to execute a 2 year contract, with 2 one year renewal options, with Third Millennium Associates, Inc. (4200 Cantera Drive, Suite 105, Warrenville, IL 60555) in the amount of $37,000 to provide City Vehicle Sticker print, mail and fulfillment services. Funding Source: Funding will come from the Licensing/Regulatory Supplies Fund (Account 100.15.1560.65045) with a Budget of $37,000. Livability Benefits: Climate and Energy: Improve energy efficiency, Reduce material waste Summary: The City currently accepts payments of the Wheel Tax for approximately 35,000 vehicles online, by mail or in person. In 2014, the City of Evanston’s vehicle registration system went "stickerless," which means vehicles are no longer required to affix the traditional vehicle sticker to the vehicle’s windshield to serve as a receipt. Compliance is checked by the License Plate Recognition (LPR) technology, which stores license plates information of all vehicles registered to an Evanston address. Renewal forms are printed and mailed annually during the last quarter of the fiscal year. This contract includes the services of managing of vehicle licenses purchased by mail, phone and on-line. Memorandum 98 of 326 RFP 16-57 was issued on July 28, 2016 and received only one response, Third Millennium Associates, Inc. As part of the contract, Third Millennium Associates, Inc. is required to create and furnish all forms to be used regarding the applications based on the approval by the City prior to mailing. Third Millennium Associates, Inc. will continue to provide a toll free telephone number to accept orders with payment by check or credit card and make available on-line purchases through the city web page. The fulfillment of all wheel tax orders would be accomplished through accepting payment and the subsequent updating of the database to the address of the requestor by Third Millennium Associates, Inc. Third Millennium Associates, Inc. has provided this service since awarded the contract in October 2009. Below is a breakdown for this contact and the estimated usage of services. Contract cost per piece table (based on 13,500 mailings): Print / Mailing Cost Per item Cost Description 13,500 0.334$ 4,509$ Per record application / combo application fee (includes folding, stuffing and return envelope) 13,500 0.260$ 3,510$ Over the counter form printing fee 13,500 0.376$ 5,076$ Postage Total 13,095$ Processing Fees Per item Cost 4,500 2.650 11,925$ online processing (at 55% usage) 3,500 1.365 4,778$ mail in to lockbox 12,000 0 -$ In-house Processed Total 16,703$ Set up Fees One time 7,265$ set up fees Total Contract Cost 37,063$ In order to keep costs at a minimum the City moves all of the processing of wheel tax applications in house to the Collector’s Office on February 1st. All of the online and over the counter processing is done by City staff that must balance other revenue related work with a large influx of wheel tax applications. Maintaining a balance of processing online applications versus over the counter transactions has become increasingly more complex with an exclusively database driven process. The specifics of this contract will include the ability for the City to move to a year-round wheel tax implementation process starting on January 1, 2018. Evanston car owners will be required to provide a vehicle identification number, or VIN, for each vehicle they own. This information will allow the City to reference the Illinois Secretary of State's vehicle database on a more frequent basis to determine the renewal month for each vehicle's city sticker. Moving to this method will allow the City to shift from the standard end of year deadline to coincide with the license plate renewal date administered by the State. There are numerous benefits to moving to a year round sticker program which include the reduction of long lines during the end of the year, reduced overtime costs, improved efficiencies and compliance due to the City receiving more frequent updates 99 of 326 from the Secretary of State database to increase compliance (detail listing on next page). The City would use the 2017 renewal period to be a transition year to give plenty of notification to all residents and work on all the technical specifications needed to make this proposed change effective January 1, 2018. Print / Mailing Cost Per item Cost Description 35,000 0.334$ 11,690.00$ Per record application / combo application fee (includes folding, stuffing and return envelope) 35,000 0.260$ 9,100$ Over the counter form printing fee 35,000 0.376$ 13,160$ Postage Total 33,950$ Processing Fees Per item Cost 19,250 2.650 51,013$ online processing (at 55% usage) 12,750 1.365 17,404$ mail in to lockbox 3,000 0 -$ In house processed Total 68,416$ Set up Fees One time 7,265$ set up fees Total Contract Cost 109,631$ The cost difference to move to this model would be $72,000. In order to fund this difference, staff anticipates additional revenues of $68,000 are from: • Additional parking fines due to more accurate database used by Parking Enforcement staff • More overall Wheel tax purchases due to above notifications and fines The remaining $5,000 cost will come from a reduction in overtime cost in the Collectors Office in November/December each year. Moving to a year round vendor run process helps to alleviate the end of year rush and allows the revenue staff in the City to focus on timely processing of residential parking permits and lot permits. Currently each application must be verified to ensure the applicate submitted proper proof of residency, has no outstanding parking citations with the City, and has purchased a wheel tax. Many times staff needs to contact the applicate to request information that may have been remitted on their application which slows down processing the application. Additionally, moving to a year round wheel tax process allows the revenue office to continue to update many of the current paper processes to electronic mediums to help improve efficiencies. One example of this is development of a web based solution for remitting local tax returns (ex: amusement, gasoline, and hotel/motel). This would allow all registered businesses that remit these taxes electronically and help to eliminate the paper process which will assist with better compliance standards. Attachments: Copy of Third Millennium, Inc. Proposal M/W/EBE Memo 100 of 326 101 of 326 102 of 326 103 of 326 104 of 326 105 of 326 106 of 326 107 of 326 108 of 326 109 of 326 110 of 326 111 of 326 112 of 326 113 of 326 114 of 326 115 of 326 116 of 326 117 of 326 118 of 326 119 of 326 120 of 326 121 of 326 122 of 326 123 of 326 124 of 326 125 of 326 126 of 326 127 of 326 128 of 326 129 of 326 130 of 326 131 of 326 132 of 326 133 of 326 134 of 326 135 of 326 136 of 326 137 of 326 138 of 326 139 of 326 140 of 326 141 of 326 142 of 326 143 of 326 144 of 326 145 of 326 146 of 326 147 of 326 148 of 326 149 of 326 150 of 326 151 of 326 152 of 326 153 of 326 154 of 326 155 of 326 156 of 326 157 of 326 158 of 326 159 of 326 160 of 326 RFP 16-67, Wheel Tax and Pet Licensing Processing and Collection Administration, M/W/EBE Waiver 09.26.16 To: Martin Lyons, Assistant City Manager / Chief Financial Officer Alex Thorpe, Revenue Manager From: Tammi Nunez, Purchasing Manager Subject: RFP 16-57, Wheel Tax and Pet Licensing Processing and Collection Administration Date: September 26, 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, RFP 16-57, Wheel Tax and Pet Licensing Processing and Collection Administration precludes subcontracting opportunities. Therefore, a waiver is granted. Memorandum 161 of 326 For City Council Meeting of September 26, 2016 Item A4 Resolution 63-R-16, United States Postal Service Parking Lease For Action To: Honorable Mayor and Members of the City Council 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 Subject: Resolution 63-R-16, United States Postal Service Parking Lease Date: September 12, 2016 Recommended Action: Staff recommends that the City Council authorize the City Manager to enter into a lease renewal with the US Postal Service (USPS) Facilities Real Estate Division (7029 Albert Pick Road, Greensboro, N.C., 27498-1103) for the parking of Postal Service Vehicles in Lot 25, 1612-1616 Maple Avenue and the Maple Avenue Self Park, 1800 Maple Avenue. Projected total revenue for the period from 11/1/2016 – 10/31/2018 is $155,040. Revenue Source: Parking Funds Account 505.19.7005.53385 $66, 240 Account 505.19.7037.53510 $121,440 Livability Benefits: Economy and Jobs: Develop work force. Summary: In 2012, the City entered into a four (4) year lease with the US Postal Service to park 44 USPS vehicles in the 1800 Maple Avenue Parking Garage and to park 24 USPS vehicles in City parking Lot #25 located at 1612 – 1616 Maple Avenue. The existing leases expire on October 31, 2016 and the USPS Real Estate Division has agreed to enter into new two (2) year leases (November 1, 2016 – October 31, 2018) with a total revenue projection of $187,680 distributed as follows: Memorandum 162 of 326 Annual Payment: Maple Parking Garage Lot 25: 1612-1616 Maple 11/1/2016 to 10/31/2017 $60,720 11/1/2016 to 10/31/2017 $33,120 11/1/2017 to 10/31/2018 $60,720 11/1/2017 to 10/31/2018 $33,120 Total $121,440 $66,240 This transaction does not include any broker fees to CBRE Inc., P.O. Box 40588 Atlanta, GA 60384, the leasing agent which contacted the City on behalf of the Postal Service. This agency represented the Post Office during all negotiations and had no brokerage agreement with the City of Evanston. --------------------------------------------------------------------- Attached: Resolution 63-R-16 with leases 163 of 326 8/9/2016 63-R-16 A RESOLUTION Authorizing the City Manager to Enter Into Lease Agreements with the United States Postal Service for Parking in the City Parking Garage, 1800 Maple Avenue, and City Parking Lot 25, 1612-1616 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 1612 – 1616 Maple Avenue; and WHEREAS, the City currently leases 44 parking spaces in said parking garage and 24 parking spaces in said parking lot to the United States Postal Service (“USPS”). Said leases will expire October 31, 2016; and WHEREAS, the USPS wishes to continue leasing said parking spaces through October 31, 2018; and WHEREAS, the City Council of the City of Evanston has determined that the best interests of the City would be served by the continued leasing of said parking to, and executing of leases with, the USPS; and WHEREAS, pursuant to the Evanston City Code of 2012, as amended, Subsection 1-17-4-1, the City Council may authorize by resolution leases of parking, 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 164 of 326 63-R-16 ~2~ between the City and the USPS for parking in the City Parking Garage, 1800 Maple Avenue, attached hereto as Exhibit A and incorporated herein by reference. SECTION 2: 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 between the City and the USPS for parking in City Parking Lot 25, 1612 – 1616 Maple Avenue, attached hereto as Exhibit B and incorporated herein by reference. SECTION 3: 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. SECTION 4: 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 165 of 326 63-R-16 ~3~ EXHIBIT A USPS Lease Agreement for parking in the City Parking Garage – 1800 Maple Avenue 166 of 326 Ground Lease EVANSTON - CITY PARKING GARAGE (162622-003) 1800 Maple Street, EVANSTON, IL 60201-9998 167 of 326 Ground Lease Facility Name/Location In consideration of the mutual promises set forth and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1. The Landlord hereby leases to the Postal Service and the Postal Service leases from the Landlord the following premises, hereinafter legally described in paragraph 7, in accordance with the terms and conditions described herein and contained in the ‘General Conditions to USPS Ground Lease,’ attached hereto and made a part hereof: Total Site Area: Rent checks shall be payable to: 3. TO HAVE AND TO HOLD the said premises with their appurtenances for the following term: February 2004 2. RENTAL: The Postal Service will pay the Landlord an annual rental of: $60,720.00 (Sixty Thousand Seven Hundred Twenty and 00/100 Dollars) payable in equal installments at the end of each calendar month. Rent for a part of a month will be prorated. Lease: Q90000448303 FIXED TERM: The term becomes effective November 01, 2016 with an expiration date of October 31, 2018, for a total of 2 Years. Gross Rentable SF of Building: 30,000/SF USPS occupies 47.52% - 44 parking spaces in a self parking garage 13,200.00 Sq. Ft. County: CookEVANSTON - CITY PARKING GARAGE (162622-003) 1800 Maple Street, EVANSTON, IL 60201-9998 This Lease made and entered into by and between CITY OF EVANSTON hereinafter called the Landlord, and the United States Postal Service, hereinafter called the Postal Service: 1 CITY OF EVANSTON CITY MANAGER 2100 RIDGE AVE EVANSTON, IL 60201-2790 168 of 326 Ground Lease 4. 5. TERMINATION: 6. OTHER PROVISIONS: The following additional provisions, modifications, riders, layouts, and/or forms were agreed upon prior to execution and made a part hereof: 7. LEGAL DESCRIPTION: February 2004 The Postal Service may terminate this Lease at any time by giving 30 days written notice to the Landlord. RENEWAL OPTIONS: None 2 Mortgagee's Agreement. . Maple Avenue Parking Garage located at 1800 Maple Avenue, Evanston Illinois. 169 of 326 Ground Lease EXECUTED BY LANDLORD this ________ day of _______________________, ______. GOVERNMENTAL ENTITY By executing this Lease, Landlord certifies that Landlord is not a USPS employee or contract employee (or an immediate family member of either), or a business organization substantially owned or controlled by a USPS employee or contract employee (or an immediate family member of either). Name of Governmental Entity: _____________________________________________________________ __________________________________ _____________________________________ __________________________________ _____________________________________ Landlord’s Address: ____________________________________________________________________________________ ____________________________________________________________________________________ Landlord’s Telephone Number(s): ___________________________ __________________________________ Federal Tax Identification No.:______________________________________ _________________________________________ _________________________________________ Witness Witness a. Where the Landlord is a governmental entity or other municipal entity, the Lease must be accompanied by documentary evidence affirming the authority of the signatory(ies) to execute the Lease to bind the governmental entity or municipal entity for which he (or they) purports to act. b. Any notice to Landlord provided under this Lease or under any law or regulation must be in writing and submitted to Landlord at the address specified above, or at an address that Landlord has otherwise appropriately directed in writing. Any notice to the Postal Service provided under this Lease or under any law or regulation must be in writing and submitted to “Contracting Officer, U.S. Postal Service” at the address specified below, or at an address that the Postal Service has otherwise directed in writing. ACCEPTANCE BY THE POSTAL SERVICE Date: _______________ __________________________________ ____________________________________ Contracting Officer Signature of Contracting Officer _______________________________________________________________________________ Address of Contracting Officer Signature Page Grdlease Gvt. Entity (April 2009) Esther M Tinort CITY MANAGER 2100 RIDGE AVE FACILITIES REAL ESTATE 7029 ALBERT PICK ROAD, GREENSBORO, NC 27498-1103 Name & Title: Name & Title: Name & Title: Name & Title: XX-XXX5870 3 EVANSTON, IL 60201-2790 170 of 326 General Conditions to USPS Ground Lease groundgc (Oct 2009) GC-1 1. CHOICE OF LAW This Lease shall be governed by federal law. 2. RECORDING Not Required 3. MORTGAGEE'S AGREEMENT If there is now or will be a mortgage on the property which is or will be recorded prior to the recording of the Lease, the Landlord must notify the contracting officer of the facts concerning such mortgage and, unless in his sole discretion the contracting officer waives the requirement, the Landlord must furnish a Mortgagee's Agreement, which will consent to this Lease and shall provide that, in the event of foreclosure, mortgagee, successors, and assigns shall cause such foreclosures to be subject to the Lease. 4. ASSIGNMENTS a. The terms and provisions of this Lease and the conditions herein are binding on the Landlord and the Postal Service, and all heirs, executors, administrators, successors, and assigns. b. If this contract provides for payments aggregating $10,000 or more, claims for monies due or to become due from the Postal Service under it may be assigned to a bank, trust company, or other financing institution, including any federal lending agency, and may thereafter be further assigned and reassigned to any such institution. Any assignment or reassignment must cover all amounts payable and must not be made to more than one party, except that assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in financing this contract. No assignment or reassignment will be recognized as valid and binding upon the Postal Service unless a written notice of the assignment or reassignment, together with a true copy of the instrument of assignment, is filed with: 1. the contracting officer; and 2. the surety or sureties upon any bond. c. Assignment of this contract or any interest in this contract other than in accordance with the provisions of this clause will be grounds for termination of the contract for default at the option of the Postal Service. d. Nothing contained herein shall be construed so as to prohibit transfer of ownership of the demised premises, provided that: 1. such transfer is subject to this Lease agreement; 2. both the original Landlord and the successor Landlord execute the standard Certificate of Transfer of Title to Leased Property and Lease Assignment and Assumption form to be provided by the USPS Contracting Officer. 5. APPLICABLE CODES AND ORDINANCES The Landlord, as part of the rental consideration, agrees to comply with all codes and ordinances applicable to the ownership and operation of the parcel on which the premises are situated and to obtain all necessary permits and related items at no cost to the Postal Service. When the Postal Service or one of its contractors (other than the Landlord) is performing work at the premises, the Postal Service will be responsible for obtaining all necessary and applicable permits, related items, and associated costs. 6. SUBLEASE The Postal Service may sublet all or any part of the premises or assign this lease but shall not be relieved from any obligation under this lease by reason of any subletting or assignment. 7. ALTERATIONS The Postal Service shall have the right to make alterations, attach fixtures and erect additions, structures or signs in or upon the premises hereby leased (provided such alterations, additions, structures, or signs shall not be detrimental to or inconsistent with the rights granted to other tenants on the property on which said premises are located); which fixtures, additions or structures so placed in, upon or attached to the said premises shall be and remain the property of the Postal Service and may be removed or otherwise disposed of by the Postal Service. 8. CLAIMS AND DISPUTES a. This contract is subject to the Contract Disputes Act of 1978 (41 U.S.C. 601-613) ("the Act"). b. Except as provided in the Act, all disputes arising under or relating to this contract must be resolved under this clause. c. "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Landlord seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph d below. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a 171 of 326 General Conditions to USPS Ground Lease groundgc (Oct 2009) GC-2 claim under the Act. The submission may be converted to a claim under the Act by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. d. A claim by the Landlord must be made in writing and submitted to the contracting officer for a written decision. A claim by the Postal Service against the Landlord is subject to a written decision by the contracting officer. For Landlord claims exceeding $100,000, the Landlord must submit with the claim the following certification: “I certify that the claim is made in good faith, that the supporting data are accurate and complete to the best of my knowledge and belief, that the amount requested accurately reflects the contract adjustment for which the Landlord believes the Postal Service is liable, and that I am duly authorized to certify the claim on behalf of the Landlord.” The certification may be executed by any person duly authorized to bind the Landlord with respect to the claim. e. For Landlord claims of $100,000 or less, the contracting officer must, if requested in writing by the Landlord, render a decision within 60 days of the request. For Landlord-certified claims over $100,000, the contracting officer must, within 60 days, decide the claim or notify the Landlord of the date by which the decision will be made. f. The contracting officer's decision is final unless the Landlord appeals or files a suit as provided in the Act. g. When a claim is submitted by or against a Landlord, the parties by mutual consent may agree to use an alternative dispute resolution (ADR) process to assist in resolving the claim. A certification as described in subparagraph d of this clause must be provided for any claim, regardless of dollar amount, before ADR is used. h. The Postal Service will pay interest on the amount found due and unpaid from: 1. the date the contracting officer receives the claim (properly certified if required); or 2. the date payment otherwise would be due, if that date is later, until the date of payment. i. Simple interest on claims will be paid at a rate determined in accordance with the Act. j. The Landlord must proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the contracting officer. 9. HAZARDOUS/TOXIC CONDITIONS CLAUSE "Asbestos containing building material" (ACBM) means any material containing more than 1% asbestos as determined by using the method specified in 40 CFR Part 763, Subpart E, Appendix E. "Friable asbestos material" means any ACBM that when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. The Landlord must identify and disclose, to the best of its knowledge, the presence, location and quantity of all ACBM or presumed asbestos containing material (PACM) which includes all thermal system insulation, sprayed on and troweled on surfacing materials, and asphalt and vinyl flooring material unless such material has been tested and identified as non-ACBM. The Landlord agrees to disclose, to the best of its knowledge, any information concerning the presence of lead-based paint, radon above 4 pCi/L, and lead piping or solder in drinking water systems in the building, to the Postal Service. Sites cannot have any contaminated soil or water above applicable federal, state or local action levels or undisclosed underground storage tanks. Unless due to the act or negligence of the Postal Service, if contaminated soil, water, underground storage tanks or piping or friable asbestos material or any other hazardous/toxic materials or substances as defined by applicable Local, State or Federal law are subsequently identified on the premises, the Landlord agrees to remove such materials or substances upon notification by the Postal Service at Landlord's sole cost and expense in accordance with EPA and/or State guidelines; prior to accomplishing this task, Landlord must seek written approval by the USPS Contracting Officer of the contractor and scope of work, such approval not to be unreasonably withheld. If ACBM is subsequently found in the building which reasonably should have been determined, identified, or known to the Landlord, the Landlord agrees to conduct, at Landlord’s sole expense, an asbestos survey pursuant to the standards of the Asbestos Hazard Emergency Response Act (AHERA), establish an Operations and Maintenance (O&M) plan for asbestos management, and provide the survey report and plan to the Postal Service. If the Landlord fails to remove any friable asbestos or hazardous/toxic materials or substances, or fails to complete an AHERA asbestos survey and O&M plan, the Postal Service has the right to accomplish the work and deduct the cost plus administrative costs, from future rent payments or recover these costs from Landlord by other means, or may, at its sole option, cancel this Lease. In addition, the Postal Service may proportionally abate the rent for any period the premises, or any part thereof, are determined by the Postal Service to have been rendered unavailable to it by reason of such condition. The Landlord hereby indemnifies and holds harmless the Postal Service and its officers, agents, representatives, and employees from all claims, loss, damage, actions, causes of action, expense, fees and/or liability resulting from, brought for, or on account of any violation of this clause. The remainder of this clause applies if this Lease is for premises not previously occupied by the Postal Service. By execution of this Lease the Landlord certifies: a. that, to the best of its knowledge, the property and improvements are free of all contamination from petroleum products or any hazardous/toxic or unhealthy materials or substances, including friable asbestos materials, as defined by applicable State or Federal law; 172 of 326 General Conditions to USPS Ground Lease groundgc (Oct 2009) GC-3 b. that, to the best of its knowledge, there are no undisclosed underground storage tanks or associated piping, ACBM, radon, lead-based paint, or lead piping or solder in drinking water systems, on the property; and c. it has not received, nor is it aware of, any notification or other communication from any governmental or regulatory entity concerning any environmental condition, or violation or potential violation of any local, state, or federal environmental statute or regulation, existing at or adjacent to the property. 10. FACILITIES NONDISCRIMINATION a. By executing this Lease, the Landlord certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform services at any location under its control where segregated facilities are maintained. b. The Landlord will insert this clause in all contracts or purchase orders under this Lease unless exempted by Secretary of Labor rules, regulations, or orders issued under Executive Order 11246. 11. CLAUSES REQUIRED TO IMPLEMENT POLICIES, STATUTES, OR EXECUTIVE ORDERS The following clauses are incorporated in this Lease by reference. The text of incorporated terms may be found in the Postal Service’s Supplying Principles and Practices, accessible at www.usps.com/publications. Clause 1-1, Privacy Protection (July 2007) Clause 1-5, Gratuities or Gifts (March 2006) Clause 1-6, Contingent Fees (March 2006) Clause 4-2, Contract Terms and Conditions Required to Implement Policies, Statues or Executive Orders (July 2009) Clause 9-3, Davis-Bacon Act (March 2006)1 Clause 9-7, Equal Opportunity (March 2006)2 Clause 9-13, Affirmative Action for Handicapped Workers (March 2006)3 Clause 9-14, Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era (March 2006)4 Clause B-25, Advertising of Contract Awards (March 2006) Note: For purposes of applying the above standard clauses to this Lease, the terms “supplier,” “contractor,” and “lessor” are synonymous with “Landlord,” and the term “contract” is synonymous with “Lease.” 1 For premises with net interior space in excess of 6,500 SF and involving construction work over $2,000. 2 For leases aggregating payments of $10,000 or more. 3 For leases aggregating payments of $10,000 or more. 4 For leases aggregating payments of $25,000 or more. 173 of 326 Mortgagee’s Agreement (To be executed and attached to lease) Facility Name/Location The undersigned, Holder(s) of a mortgage (or similar encumbrance, such as a Deed of Trust), in the sum of _____________________on the property situated at: _________________________________________________ ____________________________________________________________________________________________ hereby consent(s) to the leasing of said property to the U.S. Postal Service and agree(s) for itself, its successors, executors, administrators, and assigns that in the event it should become necessary to: a) foreclose said mortgage or similar encumbrance, the Mortgagee will cause the sale of said premises to be made subject to said lease; or, b) take any other action terminating the mortgage or transferring title, the Mortgagee will cause such action to be made subject to said lease. MORTGAGEE ______________________________________________ Name of Mortgage Company ______________________________________ By:______________________________________________ Witness Signature of Mortgagee’s Officer Its:______________________________________________ Title of Mortgagee’s Officer _________________________________________________________ Street Address _________________________________________________________ City, State and ZIP+4 Subscribed and Sworn to before me, a notary public, in and for _________________________ County, State of ____________________________ this ______________day of __________________________, _______. ____________________________________________________________ Notary Public My commission expires _____________________________________ February 2004 M-1 County: CookEVANSTON - CITY PARKING GARAGE (162622-003) 1800 Maple Street, EVANSTON, IL 60201-9998 February 2004 Lease: Q90000448303 174 of 326 63-R-16 ~4~ EXHIBIT B USPS Lease Agreement for parking in City Parking Lot 25 – 1612-1616 Maple Avenue 175 of 326 Ground Lease EVANSTON - SEDAN PARKING (162622-004) 1612-1616 Maple Avenue, EVANSTON, IL 60201-9998 176 of 326 Ground Lease Facility Name/Location In consideration of the mutual promises set forth and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1. The Landlord hereby leases to the Postal Service and the Postal Service leases from the Landlord the following premises, hereinafter legally described in paragraph 7, in accordance with the terms and conditions described herein and contained in the ‘General Conditions to USPS Ground Lease,’ attached hereto and made a part hereof: Total Site Area: Rent checks shall be payable to: 3. TO HAVE AND TO HOLD the said premises with their appurtenances for the following term: February 2004 2. RENTAL: The Postal Service will pay the Landlord an annual rental of: $33,120.00 (Thirty Three Thousand One Hundred Twenty and 00/100 Dollars) payable in equal installments at the end of each calendar month. Rent for a part of a month will be prorated. Lease: Q90000461707 FIXED TERM: The term becomes effective November 01, 2016 with an expiration date of October 31, 2018, for a total of 2 Years. 24 Parking Spaces located in City Parking Lot #25 7,280.00 Sq. Ft. County: CookEVANSTON - SEDAN PARKING (162622-004) 1612-1616 Maple Avenue, EVANSTON, IL 60201-9998 This Lease made and entered into by and between CITY OF EVANSTON hereinafter called the Landlord, and the United States Postal Service, hereinafter called the Postal Service: 1 CITY OF EVANSTON CITY MANAGER 2100 RIDGE AVE EVANSTON, IL 60201-2790 177 of 326 Ground Lease 4. 5. TERMINATION: 6.OTHER PROVISIONS: The following additional provisions, modifications, riders, layouts, and/or forms were agreed upon prior to execution and made a part hereof: 7.LEGAL DESCRIPTION: February 2004 The Postal Service may terminate this Lease at any time by giving 30 days written notice to the Landlord. RENEWAL OPTIONS: None 2 Mortgagee's Agreement. . A portion of the City of Evanston City Parking Lot #2 legally described as: The eastern most 102 feet of Lots 7, 8 and 9, in the resubdivision of Lots 11 and 12 in Block 67, Section 18, Township 41 North, Range 14, East of the Third Principal Meridian, City of Evanston, Cook County Illinois. 178 of 326 Addendum Facility Name/Location February 2004 3 Lease: Q90000461707 . 1. Paragraph 6 of the General Conditions concerning subleasing has been deleted in its entirety. 2. Postal Service shall have exclusive rights to the lot and City agrees to maintain asphalt surface. 3. Postal Service agrees to provide cleaning, trash and snow removal within the fenced area. EVANSTON - SEDAN PARKING (162622-004) 1612-1616 Maple Avenue, EVANSTON, IL 60201-9998 County: Cook 179 of 326 Ground Lease EXECUTED BY LANDLORD this ________ day of _______________________, ______. GOVERNMENTAL ENTITY By executing this Lease, Landlord certifies that Landlord is not a USPS employee or contract employee (or an immediate family member of either), or a business organization substantially owned or controlled by a USPS employee or contract employee (or an immediate family member of either). Name of Governmental Entity: _____________________________________________________________ __________________________________ _____________________________________ __________________________________ _____________________________________ Landlord’s Address: ____________________________________________________________________________________ ____________________________________________________________________________________ Landlord’s Telephone Number(s): ___________________________ __________________________________ Federal Tax Identification No.:______________________________________ _________________________________________ _________________________________________ Witness Witness a. Where the Landlord is a governmental entity or other municipal entity, the Lease must be accompanied by documentary evidence affirming the authority of the signatory(ies) to execute the Lease to bind the governmental entity or municipal entity for which he (or they) purports to act. b. Any notice to Landlord provided under this Lease or under any law or regulation must be in writing and submitted to Landlord at the address specified above, or at an address that Landlord has otherwise appropriately directed in writing. Any notice to the Postal Service provided under this Lease or under any law or regulation must be in writing and submitted to “Contracting Officer, U.S. Postal Service” at the address specified below, or at an address that the Postal Service has otherwise directed in writing. ACCEPTANCE BY THE POSTAL SERVICE Date: _______________ __________________________________ ____________________________________ Contracting Officer Signature of Contracting Officer _______________________________________________________________________________ Address of Contracting Officer Signature Page Grdlease Gvt. Entity (April 2009) Esther M Tinort CITY MANAGER 2100 RIDGE AVE FACILITIES REAL ESTATE 7029 ALBERT PICK ROAD, GREENSBORO, NC 27498-1103 Name & Title: Name & Title: Name & Title: Name & Title: XX-XXX5870 4 EVANSTON, IL 60201-2790 180 of 326 General Conditions to USPS Ground Lease groundgc (Oct 2009)GC-1 1. CHOICE OF LAW This Lease shall be governed by federal law. 2. RECORDING Not Required 3. MORTGAGEE'S AGREEMENT If there is now or will be a mortgage on the property which is or will be recorded prior to the recording of the Lease, the Landlord must notify the contracting officer of the facts concerning such mortgage and, unless in his sole discretion the contracting officer waives the requirement, the Landlord must furnish a Mortgagee's Agreement, which will consent to this Lease and shall provide that, in the event of foreclosure, mortgagee, successors, and assigns shall cause such foreclosures to be subject to the Lease. 4.ASSIGNMENTS a.The terms and provisions of this Lease and the conditions herein are binding on the Landlord and the Postal Service, and all heirs, executors, administrators, successors, and assigns. b. If this contract provides for payments aggregating $10,000 or more, claims for monies due or to become due from the Postal Service under it may be assigned to a bank, trust company, or other financing institution, including any federal lending agency, and may thereafter be further assigned and reassigned to any such institution. Any assignment or reassignment must cover all amounts payable and must not be made to more than one party, except that assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in financing this contract. No assignment or reassignment will be recognized as valid and binding upon the Postal Service unless a written notice of the assignment or reassignment, together with a true copy of the instrument of assignment, is filed with: 1. the contracting officer; and 2.the surety or sureties upon any bond. c.Assignment of this contract or any interest in this contract other than in accordance with the provisions of this clause will be grounds for termination of the contract for default at the option of the Postal Service. d. Nothing contained herein shall be construed so as to prohibit transfer of ownership of the demised premises, provided that: 1. such transfer is subject to this Lease agreement; 2.both the original Landlord and the successor Landlord execute the standard Certificate of Transfer of Title to Leased Property and Lease Assignment and Assumption form to be provided by the USPS Contracting Officer. 5.APPLICABLE CODES AND ORDINANCES The Landlord, as part of the rental consideration, agrees to comply with all codes and ordinances applicable to the ownership and operation of the parcel on which the premises are situated and to obtain all necessary permits and related items at no cost to the Postal Service. When the Postal Service or one of its contractors (other than the Landlord) is performing work at the premises, the Postal Service will be responsible for obtaining all necessary and applicable permits, related items, and associated costs. 6. SUBLEASE The Postal Service may sublet all or any part of the premises or assign this lease but shall not be relieved from any obligation under this lease by reason of any subletting or assignment. 7.ALTERATIONS The Postal Service shall have the right to make alterations, attach fixtures and erect additions, structures or signs in or upon the premises hereby leased (provided such alterations, additions, structures, or signs shall not be detrimental to or inconsistent with the rights granted to other tenants on the property on which said premises are located); which fixtures, additions or structures so placed in, upon or attached to the said premises shall be and remain the property of the Postal Service and may be removed or otherwise disposed of by the Postal Service. 8. CLAIMS AND DISPUTES a.This contract is subject to the Contract Disputes Act of 1978 (41 U.S.C. 601-613) ("the Act"). b.Except as provided in the Act, all disputes arising under or relating to this contract must be resolved under this clause. c."Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Landlord seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph d below. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a See Addendum No. 1 181 of 326 General Conditions to USPS Ground Lease groundgc (Oct 2009) GC-2 claim under the Act. The submission may be converted to a claim under the Act by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. d. A claim by the Landlord must be made in writing and submitted to the contracting officer for a written decision. A claim by the Postal Service against the Landlord is subject to a written decision by the contracting officer. For Landlord claims exceeding $100,000, the Landlord must submit with the claim the following certification: “I certify that the claim is made in good faith, that the supporting data are accurate and complete to the best of my knowledge and belief, that the amount requested accurately reflects the contract adjustment for which the Landlord believes the Postal Service is liable, and that I am duly authorized to certify the claim on behalf of the Landlord.” The certification may be executed by any person duly authorized to bind the Landlord with respect to the claim. e. For Landlord claims of $100,000 or less, the contracting officer must, if requested in writing by the Landlord, render a decision within 60 days of the request. For Landlord-certified claims over $100,000, the contracting officer must, within 60 days, decide the claim or notify the Landlord of the date by which the decision will be made. f. The contracting officer's decision is final unless the Landlord appeals or files a suit as provided in the Act. g. When a claim is submitted by or against a Landlord, the parties by mutual consent may agree to use an alternative dispute resolution (ADR) process to assist in resolving the claim. A certification as described in subparagraph d of this clause must be provided for any claim, regardless of dollar amount, before ADR is used. h. The Postal Service will pay interest on the amount found due and unpaid from: 1. the date the contracting officer receives the claim (properly certified if required); or 2. the date payment otherwise would be due, if that date is later, until the date of payment. i. Simple interest on claims will be paid at a rate determined in accordance with the Act. j. The Landlord must proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the contracting officer. 9. HAZARDOUS/TOXIC CONDITIONS CLAUSE "Asbestos containing building material" (ACBM) means any material containing more than 1% asbestos as determined by using the method specified in 40 CFR Part 763, Subpart E, Appendix E. "Friable asbestos material" means any ACBM that when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. The Landlord must identify and disclose, to the best of its knowledge, the presence, location and quantity of all ACBM or presumed asbestos containing material (PACM) which includes all thermal system insulation, sprayed on and troweled on surfacing materials, and asphalt and vinyl flooring material unless such material has been tested and identified as non-ACBM. The Landlord agrees to disclose, to the best of its knowledge, any information concerning the presence of lead-based paint, radon above 4 pCi/L, and lead piping or solder in drinking water systems in the building, to the Postal Service. Sites cannot have any contaminated soil or water above applicable federal, state or local action levels or undisclosed underground storage tanks. Unless due to the act or negligence of the Postal Service, if contaminated soil, water, underground storage tanks or piping or friable asbestos material or any other hazardous/toxic materials or substances as defined by applicable Local, State or Federal law are subsequently identified on the premises, the Landlord agrees to remove such materials or substances upon notification by the Postal Service at Landlord's sole cost and expense in accordance with EPA and/or State guidelines; prior to accomplishing this task, Landlord must seek written approval by the USPS Contracting Officer of the contractor and scope of work, such approval not to be unreasonably withheld. If ACBM is subsequently found in the building which reasonably should have been determined, identified, or known to the Landlord, the Landlord agrees to conduct, at Landlord’s sole expense, an asbestos survey pursuant to the standards of the Asbestos Hazard Emergency Response Act (AHERA), establish an Operations and Maintenance (O&M) plan for asbestos management, and provide the survey report and plan to the Postal Service. If the Landlord fails to remove any friable asbestos or hazardous/toxic materials or substances, or fails to complete an AHERA asbestos survey and O&M plan, the Postal Service has the right to accomplish the work and deduct the cost plus administrative costs, from future rent payments or recover these costs from Landlord by other means, or may, at its sole option, cancel this Lease. In addition, the Postal Service may proportionally abate the rent for any period the premises, or any part thereof, are determined by the Postal Service to have been rendered unavailable to it by reason of such condition. The Landlord hereby indemnifies and holds harmless the Postal Service and its officers, agents, representatives, and employees from all claims, loss, damage, actions, causes of action, expense, fees and/or liability resulting from, brought for, or on account of any violation of this clause. The remainder of this clause applies if this Lease is for premises not previously occupied by the Postal Service. By execution of this Lease the Landlord certifies: a. that, to the best of its knowledge, the property and improvements are free of all contamination from petroleum products or any hazardous/toxic or unhealthy materials or substances, including friable asbestos materials, as defined by applicable State or Federal law; 182 of 326 General Conditions to USPS Ground Lease groundgc (Oct 2009) GC-3 b. that, to the best of its knowledge, there are no undisclosed underground storage tanks or associated piping, ACBM, radon, lead-based paint, or lead piping or solder in drinking water systems, on the property; and c. it has not received, nor is it aware of, any notification or other communication from any governmental or regulatory entity concerning any environmental condition, or violation or potential violation of any local, state, or federal environmental statute or regulation, existing at or adjacent to the property. 10. FACILITIES NONDISCRIMINATION a. By executing this Lease, the Landlord certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform services at any location under its control where segregated facilities are maintained. b. The Landlord will insert this clause in all contracts or purchase orders under this Lease unless exempted by Secretary of Labor rules, regulations, or orders issued under Executive Order 11246. 11. CLAUSES REQUIRED TO IMPLEMENT POLICIES, STATUTES, OR EXECUTIVE ORDERS The following clauses are incorporated in this Lease by reference. The text of incorporated terms may be found in the Postal Service’s Supplying Principles and Practices, accessible at www.usps.com/publications. Clause 1-1, Privacy Protection (July 2007) Clause 1-5, Gratuities or Gifts (March 2006) Clause 1-6, Contingent Fees (March 2006) Clause 4-2, Contract Terms and Conditions Required to Implement Policies, Statues or Executive Orders (July 2009) Clause 9-3, Davis-Bacon Act (March 2006)1 Clause 9-7, Equal Opportunity (March 2006)2 Clause 9-13, Affirmative Action for Handicapped Workers (March 2006)3 Clause 9-14, Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era (March 2006)4 Clause B-25, Advertising of Contract Awards (March 2006) Note: For purposes of applying the above standard clauses to this Lease, the terms “supplier,” “contractor,” and “lessor” are synonymous with “Landlord,” and the term “contract” is synonymous with “Lease.” 1 For premises with net interior space in excess of 6,500 SF and involving construction work over $2,000. 2 For leases aggregating payments of $10,000 or more. 3 For leases aggregating payments of $10,000 or more. 4 For leases aggregating payments of $25,000 or more. 183 of 326 Mortgagee’s Agreement (To be executed and attached to lease) Facility Name/Location The undersigned, Holder(s) of a mortgage (or similar encumbrance, such as a Deed of Trust), in the sum of _____________________on the property situated at: _________________________________________________ ____________________________________________________________________________________________ hereby consent(s) to the leasing of said property to the U.S. Postal Service and agree(s) for itself, its successors, executors, administrators, and assigns that in the event it should become necessary to: a) foreclose said mortgage or similar encumbrance, the Mortgagee will cause the sale of said premises to be made subject to said lease; or, b) take any other action terminating the mortgage or transferring title, the Mortgagee will cause such action to be made subject to said lease. MORTGAGEE ______________________________________________ Name of Mortgage Company ______________________________________ By:______________________________________________ Witness Signature of Mortgagee’s Officer Its:______________________________________________ Title of Mortgagee’s Officer _________________________________________________________ Street Address _________________________________________________________ City, State and ZIP+4 Subscribed and Sworn to before me, a notary public, in and for _________________________ County, State of ____________________________ this ______________day of __________________________, _______. ____________________________________________________________ Notary Public My commission expires _____________________________________ February 2004 M-1 County: CookEVANSTON - SEDAN PARKING (162622-004) 1612-1616 Maple Avenue, EVANSTON, IL 60201-9998 February 2004 Lease: Q90000461707 184 of 326 For City Council meeting of September 26, 2016 Item A5 Ordinance 33-O-16, Building Energy and Water Use Benchmarking 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: Ordinance 33-O-16, Amending City Code Title 4 to add Chapter 22 – Building Energy and Water Use Benchmarking Ordinance Date: September 13, 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. Livability Benefits: Built Environment: Manage water resources responsibly Climate & Energy: Improve energy and water efficiency Reduce greenhouse gas emissions; Economy & Jobs: Expand job opportunities. Summary: An updated version of Ordinance 33-O-16 Building Energy and Water Use Benchmarking Ordinance is attached as Exhibit 1. 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 proposed ordinance. At the July 25 Administration &Public Works (A&PW) Committee meeting Alderman requested changes be made to the ordinance and that a few questions be clarified. Staff responded to those questions at the August 15 A&PW Committee meeting and agreed to bring a revised ordinance back to the Committee in September. Since the August 15, 2016 A&PW Committee meeting staff, as requested, revised ordinance section 4-22-11: Penalty from reading “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 wi ll be deemed a separate offense” to “Any person who violates any provision of this Chapter will be fined one hundred dollars ($100.00) for each such offense. Every month a violation continues will be deemed a separate offense.” Staff Memorandum 185 of 326 believes that this reduced penalty will be sufficient to compel compliance with the ordinance. In order to properly implement the ordinance the City would partner with local and regional organizations with experience implementing Chicago’s and other cities’ ordinances. Attachment 2 and 3 are letters of support from the U.S. Green Building Council Illinois Chapter (USGBC-IL) and Elevate Energy. Both organizations work closely with the City of Chicago to support their benchmarking ordinance. Elevate Energy helps develop training materials for covered buildings, manages a help center and provides data management and analysis support. USGBC-IL utilizes their extensive network of energy efficiency and building professionals to provide periodic in person and recorded trainings, drop-in office hours, pro-bono data verification support and connections for buildings interested in pursuing energy efficiency upgrades. Both organizations have indicated their interest in partnering with the City of Evanston to support the implementation of Evanston’s proposed ordinance. Background 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 a reduction 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. As of November, 2015, 19 states and municipalities had some version of a benchmarking requirement for public and private buildings 2. There are numerous 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 1 EPA Analysis Shows Big Benchmarking Savings http://www.imt.org/news/the-current/epa-analysis-shows- big-benchmarking-savings 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 186 of 326 on best practices from the City of Chicago in order to simplify the reporting process for property owners with properties in both municipalities 3. Ordinance Overview 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 within the ordinance. Ordinance 33-O-16 will require buildings in Evanston with 20,000 square feet and greater, as defined by the ordinance, to comply with 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 size of buildings expected to be covered by the ordinance. 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 Staff estimates 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. Legislative History July 25, 2016 – Introduction at A&PW Committee meeting (held) August 15, 2016 – Staff gave presentation at A&PW Committee responding to questions raised on the July 25 meeting. Attachments: Attachment 1 – Ordinance 33-O-16 Building Energy and Water Use Benchmarking Ordinance Attachment 2 – USGBC-IL Letter of Support Attachment 3 – Elevate Energy Letter of Support Attachment 4 – Explanation of Technical Components of Ordinance 3 City of Chicago Benchmarking Ordinance Program - http://www.cityofchicago.org/city/en/progs/env/building- energy-benchmarking---transparency.html 187 of 326 Attachment 1 188 of 326 5/13/2016 7/14/2016 8/2/2016 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 189 of 326 33-O-16 thereto, including any change or addition made to such 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 190 of 326 33-O-16 consumption and efficiency. Reported benchmarking 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. 191 of 326 33-O-16 (A) The owner of any covered building must retain all information for the previous 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 192 of 326 33-O-16 the most recent year in which verification of reported benchmarking information 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 owne r 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. 193 of 326 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 one hundred dollars ($100.00) for each such offense. Every month 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 194 of 326 33-O-16 given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and 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 195 of 326 Attachment 2 196 of 326 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 197 of 326 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 198 of 326 Attachment 3 199 of 326 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 200 of 326 Attachment 4 201 of 326 Page | 1 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 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 202 of 326 Page | 2 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 understan d 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. Please direct any questions or concerns to Kumar Jensen, Environmental Project Coordinator at kjensen@cityofevanston.org or 847-448-8199. 203 of 326 6 For City Council Meeting of September 26, 2016 Item A6 Ordinance 120-O-16: Authorizing the Sale of a Surplus Fleet Vehicle For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Erika Storlie, Deputy City Manager/ Director of Administrative Services Rickey A. Voss, Parking/Fleet Division Manager Subject: Ordinance 120-O-16, Sale of Surplus Property Fleet Vehicles Date: September 13, 2016 Recommended Action: Staff recommends that City Council adopt Ordinance 120-O-16 which directs the City Manager to offer the sale of vehicles owned by the City through public auction at the special Northwest Municipal Vehicle Auction being sponsored by America’s Auto Auctions on or around Tuesday, October 25, 2016 or any other subsequent America’s Online Auction as these vehicles become available, on a timely basis, as a result of new vehicle replacements being placed into service. Livability Benefits: Climate & Energy: Reduce greenhouse gas emissions Summary: The Fleet Services Division typically participates in two to three vehicle and equipment auctions per year in the Northern Illinois area. The auctions are provided on behalf of America’s Auto Auction, 14001 S. Karlov Avenue, Crestwood, Illinois 60554. America’s Auto Auction is the Northwest Municipal Conference Suburban Purchasing Cooperative’s “bid winner” for auction services for member municipalities. This request authorizes the Fleet Services Division of the Administrative Services Department to sell the vehicles listed in the table below through Northwest Municipal Vehicle Auction sponsored by America’s Auto Auction or any subsequent online internet auction to the highest bidder. All net proceeds from the auction will be credited to account number 601.19.7780.56065, “Sale of Surplus Property.” Memorandum 204 of 326 SURPLUS FLEET VEHICLES/EQUIPMENT Cost Center Department Ve hicl e # Vehicle Make Vehicl e Model Year V.I.N. # Overall Condition L.T.D. Miles 2270 E.P.D. Traffic 14 Ford C.V. 2011 2FABP7BV8BX137591 Poor 42,466 2255 E.P.D. OPS 18 Ford C.V. 2009 2FAHP71V59x145721 Very Poor 43,885 2265 E.P.D. N.E.T. 22 Ford C.V. 2009 2FAHP71V69X105034 Poor 75,627 2265 E.P.D. N.E.T. 24 Ford C.V. 2009 2FAHP71V09X105031 Very Poor 83,475 2235 E.P.D. School Resource 31 Ford Taurus 2006 1FAHP53U16A149889 Poor 18,580 2235 E.P.D. School Resource 32 Ford Taurus 2009 1FAHP53UX6A149891 Poor 21,885 2285 E.P.D. P.S.T. 35 Ford C.V. 2009 2FAHP71V49X105033 Poor 26,303 2285 E.P.D. P.S.T. 37 Ford C.V. 2011 2FABP7BVXBX137592 Poor 42,331 2285 E.P.D. P.S.T. 39 Ford C.V. 2007 2FAHP71W07X102006 Very Poor 75,786 2210 E.P.D. Patrol (A.I.) 41 Ford C.V. 2011 2FABP7BV9BX137597 Very Poor 100,655 2210 E.P.D. Patrol 51 Ford SUV 2013 1FM5K8AR6DGA80456 Very Poor 94,882 2210 E.P.D. Patrol 54 Ford C.V. 2011 2FABP7BV5BX137595 Poor 51,247 2210 E.P.D. Patrol 58 Ford SUV 2013 1FM5K8AR8DGA80457 Very Poor 79,939 2210 E.P.D. Patrol 67 Chevy Tahoe 2013 1GNSKE2E07DR157590 Very Poor 88,503 2265 E.P.D. N.E.T. 87 Ford C.V 2009 2FAHP71V99X105030 Very Poor 105,626 2285 E.P.D. Com. Strategy 99 Ford C.V. 2005 2FAHP71W55X177913 Poor 61,952 7015 PARKING-Lots/Meters 137 Dodge Van 2003 2D7JB21Z63K525399 Very Poor 53,615 2685 Public Works Agency 712 Crane Carrier 2005 1CYCCL4815T06964 Very Poor 86,063 2685 Public Works Agency 714 Crane Carrier 2005 1CYCCL4855T046966 Very Poor 80,798 7400 Public Works Agency 921 Ford LTS 8000 1996 1FDYY82E4TVA27384 Very Poor 27,513 7115 Public Works Agency 928 Case (Skid Steer) 1987 17169228 Very Poor N/A (Hours) 7115 Public Works Agency 929 Redihaul (Trailer) 1999 47SS122T5X1014816 Very Poor N/A (Hours) 7710 Admin Services (Fleet) NA Ford (Bus) 1999 1FDXE40F4WHB50873 Very Poor 227,098 7710 Admin Services (Fleet) NA Ford (Bus) 2000 1FDXE40F3XHB406675 Very Poor 187,605 Attachments: Ordinance 120-O-16: Authorizing the Sale of a Surplus Fleet Vehicle Owned by the City of Evanston (Northwest Municipal Vehicle Auction) 205 of 326 120-O-16 AN ORDINANCE Authorizing the Sale of a Surplus Fleet Vehicle Owned by the City of Evanston (Northwest Municipal Vehicle Auction) WHEREAS, the City Council of the City of Evanston (the “City”) has determined it is no longer necessary, practical, or economical, nor in the best interests of the City, to retain ownership of a certain surplus fleet vehicle that has a value in excess of one thousand five hundred dollars ($1,500.00) and is described in Exhibit A, which is attached hereto and incorporated herein by reference; and WHEREAS, the City Council has determined that it is in the best interests of the City to sell said surplus fleet vehicle to the highest bidder, 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: Pursuant to Subsection 1-17-3-(B) of the Evanston City Code of 2012, as amended, the City Council hereby authorizes and directs the City Manager to sell the aforementioned surplus fleet vehicle, upon terms and conditions deemed reasonable, necessary, and in the best interests of the City, to the highest bidder at America’s Auto Auctions, the Northwest Municipal Conference Suburban Purchasing Cooperative’s “bid winner” for auction services for member municipalities to be held on or around Tuesday, October 25, 2016 at the Manheim Arena located at 14001 S. Karlov Avenue, Crestwood, Illinois 60554, or at any subsequent America’s 206 of 326 ~2~ Auto Auctions Services online auction. SECTION 3: Upon payment of the price indicated by the America’s Auto Auction Services, the City Manager is hereby authorized to convey evidence of ownership of aforesaid surplus fleet vehicle to the America’s Auto Auction Service. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. Introduced:_________________, 2016 Adopted:___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 207 of 326 ~3~ EXHIBIT A SURPLUS FLEET VEHICLES/EQUIPMENT Cost Center Department Ve hicl e # Vehicle Make Vehicl e Model Year V.I.N. # Overall Condition L.T.D. Miles 2270 E.P.D. Traffic 14 Ford C.V. 2011 2FABP7BV8BX137591 Poor 42,466 2255 E.P.D. OPS 18 Ford C.V. 2009 2FAHP71V59x145721 Very Poor 43,885 2265 E.P.D. N.E.T. 22 Ford C.V. 2009 2FAHP71V69X105034 Poor 75,627 2265 E.P.D. N.E.T. 24 Ford C.V. 2009 2FAHP71V09X105031 Very Poor 83,475 2235 E.P.D. School Resource 31 Ford Taurus 2006 1FAHP53U16A149889 Poor 18,580 2235 E.P.D. School Resource 32 Ford Taurus 2009 1FAHP53UX6A149891 Poor 21,885 2285 E.P.D. P.S.T. 35 Ford C.V. 2009 2FAHP71V49X105033 Poor 26,303 2285 E.P.D. P.S.T. 37 Ford C.V. 2011 2FABP7BVXBX137592 Poor 42,331 2285 E.P.D. P.S.T. 39 Ford C.V. 2007 2FAHP71W07X102006 Very Poor 75,786 2210 E.P.D. Patrol (A.I.) 41 Ford C.V. 2011 2FABP7BV9BX137597 Very Poor 100,655 2210 E.P.D. Patrol 51 Ford SUV 2013 1FM5K8AR6DGA80456 Very Poor 94,882 2210 E.P.D. Patrol 54 Ford C.V. 2011 2FABP7BV5BX137595 Poor 51,247 2210 E.P.D. Patrol 58 Ford SUV 2013 1FM5K8AR8DGA80457 Very Poor 79,939 2210 E.P.D. Patrol 67 Chevy Tahoe 2013 1GNSKE2E07DR157590 Very Poor 88,503 2265 E.P.D. N.E.T. 87 Ford C.V 2009 2FAHP71V99X105030 Very Poor 105,626 2285 E.P.D. Com. Strategy 99 Ford C.V. 2005 2FAHP71W55X177913 Poor 61,952 7015 PARKING-Lots/Meters 137 Dodge Van 2003 2D7JB21Z63K525399 Very Poor 53,615 2685 Public Works Agency 712 Crane Carrier 2005 1CYCCL4815T06964 Very Poor 86,063 2685 Public Works Agency 714 Crane Carrier 2005 1CYCCL4855T046966 Very Poor 80,798 7400 Public Works Agency 921 Ford LTS 8000 1996 1FDYY82E4TVA27384 Very Poor 27,513 7115 Public Works Agency 928 Case (Skid Steer) 1987 17169228 Very Poor N/A (Hours) 7115 Public Works Agency 929 Redihaul (Trailer) 1999 47SS122T5X1014816 Very Poor N/A (Hours) 7710 Admin Services (Fleet) NA Ford (Bus) 1999 1FDXE40F4WHB50873 Very Poor 227,098 7710 Admin Services (Fleet) NA Ford (Bus) 2000 1FDXE40F3XHB406675 Very Poor 187,605 208 of 326 For City Council meeting of September 26, 2016 Item A7 Ordinance 118-O-16, Creating New Class P-4 Liquor License For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Approval of Ordinance 118-O-16, Amending City Code Section 3-4-6 By Creating the New Class P-4 Liquor License Date: September 13, 2016 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 118-O-16. Livability Benefits: Economy & Jobs: Retain and expand local businesses Summary: The City of Evanston (“City”) does not have an annual liquor license tailored to craft wineries allowing the sale of wine for exclusively off-site consumption. Chris Collins, representative for North Shore Cider Company, approached the City of Evanston’s Liquor Control Review Board (“LCRB”) requesting the addition of a new annual liquor license for such craft winery business models. Cider is defined as wine under Illinois law. 235 ILCS 5/1-3.03. Ordinance 118-O-16 was prepared to allow craft wineries the sale of wine for only off-site consumption. This Ordinance imposes pertinent requirements onto craft wineries that harmonize with current craft brewery requirements. Particular provisions to note for the onsite consumption of wine are as follows: 1. P-4 Liquor License holders can provide no more than three (3) free wine samples per person per day. Each free wine sample shall not exceed one (1) fluid ounce. This provision comports with 235 ILCS 5, “Illinois Liquor Control Act.” 2. The Class P-4 Liquor License requires licensees to provide a limited food service where samples of wine are offered for on-site consumption. 3. Onsite consumption is limited to the sampling of wine only; 4. P-4 Liquor License holders must have a valid First Class Wine Maker’s License from the State of Illinois. Memorandum 209 of 326 Legislative History: The LCRB discussed the issues regarding the creation of a new liquor license to serve wine in craft wineries during the August 17, 2016 LCRB meeting. This Ordinance imposes requirements onto craft wineries in a similar and consistent manner as those requirements onto craft breweries. The annual P-4 liquor license fee is one thousand eight hundred dollars ($1,800.00). ------------------------------------------------------------------------------------- Attachment: Ordinance 118-O-16 Minutes of the August 17, 2016 Liquor Control Review Board meeting 210 of 326 8/23/2016 118-O-16 AN ORDINANCE Amending City Code Section 3-4-6 By Creating the New Class P-4 Liquor License NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Table 1 of Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised to add the following: P-4 Craft Winery Wine Wine $1,800 $1,890 0 None 10 a.m. – 12 a.m. (Sun – Thurs); 10 a.m. – 1 a.m. (Fri-Sat); 10 a.m. – 12 a.m. (Sun) SECTION 2: Subsection 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended by the enactment of a new Subsection (P-4) thereof, “Class P-4 Liquor License”, to read as follows: (P-4) CRAFT WINERY license shall authorize the on-site production and storage of wine in quantities not to exceed fifty thousand (50,000) gallons per year and the sale of such wine for consumption off-premises. It also authorizes on-site sampling consumption of such wine by persons of at least twenty-one (21) years of age. Such craft winery licenses shall be issued subject to the following conditions: 1. It shall be unlawful for a Class P-4 licensee to sell a container of wine for off-premises consumption unless the volume of the container is equal to or greater than twenty-two (22) ounces or 650 milliliters. 2. Class P-4 licensees may during authorized hours of business, offer for on- site consumption samples of wine permitted to be produced and sold pursuant to this classification. Licensees who limit activity to sampling only, as specified therein, shall provide limited food service such as cheese, crackers, snack food or other similar deli-style items to customers who are sampling craft wine. 211 of 326 118-O-16 ~2~ 3. Class P-4 licensees must have at least one (1) BASSET-certified site manager on-premises whenever wine is available for on-site consumption. All persons who sell, open, pour, dispense or serve wine shall be BASSET certified. Class P-4 licensees must provide food service whenever wine is available for on-site consumption, in accordance with the specifications applicable to sampling for on-site consumption. The licensee is strictly liable for complying with all provisions regarding food service. Wine for product sampling for on-site consumption shall be dispensed only in containers provided by the licensee. No alcoholic liquor shall be brought onto the licensed premises or consumed on the licensed premises other than wine offered for sampling. Licensees shall not provide more than three (3) free samples, each of which shall not exceed one (1) fluid ounce, to any person in a day. 4. It shall be unlawful for the holder of a Class P-4 license to provide a sample of or sell any wine between the hours of 12:00 a.m. and 10:00 a.m. on any Monday, Tuesday, Wednesday, Thursday or Friday; between the hours of 1:00 a.m. and 10:00 a.m. on any Saturday; and between the hours of 1:00 a.m. and 12:00 p.m. on any Sunday. 5. Every Class P-4 licensee must have a valid First Class Wine Maker’s License from the State of Illinois. Every licensee shall maintain accurate records as to the total gallonage of wine manufactured on the premises and the total gallonage of wine manufactured on the premises and sold for consumption off-premises. Licensee shall produce said records to the City upon request. 6. Every employee of a Class P-4 licensee who participates in the production and sale of wine, pursuant to this license class, must be BASSET- certified. The applicant for the renewal only of such licenses may elect to pay the amount herein required semiannually or annually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be $1,800.00. The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be $1,890.00. No more than zero (0) 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. 212 of 326 118-O-16 ~3~ 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 213 of 326 Page 1 of 2 MEETING MINUTES Liquor Control Board Wednesday, August 17, 2016 11:30 a.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2750 Members Present: Mayor Elizabeth Tisdahl; Marion Macbeth; Byron Wilson Members Absent: Dick Peach Staff Present: Mario Treto, Theresa Whittington Others Present: Chris Collins (North Shore Cider); Jun Chung (Kuni’s); Bridget Ann Clark (Kuni’s); Dan McCrudden (NU); Scott Hastings (NU) Alan Anderson (NU); John Tasiopoulos (Old Neighborhood Grill); Joe Moore (Old Neighborhood Grill) 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 North Shore Cider Company Chris Collins (CC) requested approval of a new liquor license class specific to craft cider production. CC explained that the proposed new license class (P-4) mirrors the P-1 license for craft beer breweries. He wishes to sell cider in 22, 32 and 64 ounce containers for off-site consumption only. Mario Treto asked if Chris Collins could cite any other municipalities with a similar license class. CC responded “no” and that his business model is unique to the local area. Byron Wilson inquired if there would be food. CC responded that there will not be food and he does not wish to run a kitchen. 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 September 12, 2016. Kuni’s Japanese Restaurant by Jun, Inc.,d/b/a Kuni’s Japanese Restaurant, 511A Main Street, Evanston, IL 60201 Bridget Clark (BC) requested approval of a Class D liquor license (Restaurant/liquor) on behalf of her client, Jun Chung (JC). BC stated that Mr. Chung has worked at the restaurant for over 11 years and is now purchasing the business. The operations and menu will remain the same but with just a different owner. 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 214 of 326 Page 2 of 2 concerns over the request. None were voiced. The Board recommended issuing a Liquor License to be introduced at the City Council meeting on September 12, 2016. Northwestern University-Kellogg School of Management, 2211 Campus Drive, Evanston, IL Alan Anderson (AA), Executive Director of Neighborhood and Community Relations , requested approval of a Class R liquor license (University/liquor). AA noted that the new facility is located in the new Kellogg School of Management building. The space will be utilized for special events only. The goal is to host world class events. Aramark will manage the facility. NU currently holds two class R licenses and this will be its third. 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 September 12, 2016. Old Neighborhood Grill, Inc., d/b/a Old Neighborhood Grill, 2902 Central Street, Evanston, IL 60201 John Tasiopoulos (JT) requested approval of a Class D liquor license (Restaurant/liquor). JT stated that he now has more time to refocus on Old Neighborhood Grill. Customers have expressed interest in having alcohol with their meals. He thinks the addition of alcohol will add to the dining experience and increase the restaurants presence as a family hang out. 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 September 12, 2016. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Elizabeth Tisdahl, Mayor at 11:44 a.m., August 17, 2016. Respectfully Submitted, Theresa Whittington Liquor Licensing Manager, Legal Department 215 of 326 For City Council meeting of September 26, 2016 Item A8 Ordinance 113-O-16: Increasing Class R Liquor License Northwestern University 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 113-O-16, Increasing the Number of Class R Liquor Licenses for Northwestern University d/b/a Northwestern University Kellogg School of Management, 2211 Campus Drive Date: September 13, 2016 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 113-O-16. Livability Benefits: Economy & Jobs: Retain and expand local businesses Summary: Ordinance 113-O-16 amends Evanston City Code of 2012 Subsection 3-4-6-(R), as amended, to increase the number of authorized Class R liquor licenses from two (2) to three (3) and permit issuance of a Class R license to Northwestern University d/b/a Northwestern University Kellogg School of Management (“University”), 2211 Campus Drive. This license will permit University to retail sale of alcoholic liquor only to persons of at least twenty-one (21) years of age for consumption on the premises while food service is available. University representative Daniel McCrudden submitted application materials. Legislative History: At the August 17, 2016 Liquor Control Review Board meeting, University requested consideration of application for a Class R liquor license. ------------------------------------------------------------------------------------- Attachments: Ordinance 113-O-16 Application See Agenda Item A7 for Minutes of the August 17, 2016 Liquor Control Review Board meeting Memorandum 216 of 326 8/23/2016 113-O-16 AN ORDINANCE Amending City Code Section 3-4-6-(R) to Increase the Number of Class R Liquor Licenses from Two to Three (Northwestern University d/b/a Northwestern University Kellogg School of Management, 2211 Campus Drive) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class R of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: R University Liquor None $4,300 $4,300 23 University Area 11 a.m.— 1 a.m. (Mon- Thurs); 11 a.m. – 2 a.m. (Fri-Sat); 12 p.m. 1 a.m.(Sun) SECTION 2: Subsection 3-4-6-(R) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class R liquor licenses from two (2) to three (3) to read as follows: (R) CLASS R licenses, which shall authorize the sale on the premises specified of alcoholic liquor only for consumption upon the premises while food service is available. Such licenses shall be issued only to premises owned, operated and maintained by not for profit educational institutions within the designated university areas. Establishments holding Class R licenses must have some food service available when alcoholic liquor is being sold. Sales of alcoholic liquor by Class R licensees shall be to students, faculty, alumni, invited guests and staff of the licensee only. The term "university area" shall be as defined in Section 3-4-1 of this Chapter. The applicant for the renewal only of such licenses may elect to pay the amount herein required semiannually or annually. Such election shall be made at the time of application. 217 of 326 113-O-16 ~2~ The annual fee for such license shall be four thousand three hundred dollars ($4,300.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable according to the provisions of Section 3-4-7 of this Chapter, shall be four thousand five hundred fifteen dollars ($4,515.00). No more than two (2)three (3) such license(s) shall be in force at any one (1) time. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2016 Adopted: ___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 218 of 326 219 of 326 220 of 326 221 of 326 222 of 326 223 of 326 224 of 326 225 of 326 226 of 326 227 of 326 228 of 326 229 of 326 230 of 326 231 of 326 232 of 326 233 of 326 234 of 326 235 of 326 236 of 326 237 of 326 238 of 326 239 of 326 240 of 326 241 of 326 242 of 326 243 of 326 244 of 326 245 of 326 246 of 326 247 of 326 248 of 326 249 of 326 250 of 326 PLANNING & DEVELOPMENT COMMITTEE MEETING Monday, September 26, 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 SEPTEMBER 12, 2016 III. ITEM FOR CONSIDERATION (P1) Ordinance 123-O-16, Granting a Special Use for a Type 2 Restaurant, Viet Nom Nom, at 618 ½ Church St. The Zoning Board of Appeals and City staff recommend adoption of Ordinance 123- O-16 granting special use approval for a Type 2 Restaurant, Viet Nom Nom, at 618 ½ Church St. in the D3 Downtown Core Development District. The applicant has complied with all zoning requirements and meets all of the standards for a special use for this district. Alderman Wilson requests suspension of the Rules for Introduction and Action by City Council on September 26, 2016. For Introduction and Action IV. ITEM FOR DISCUSSION (PD1) North Downtown Area Planning Staff recommends that the City Council direct staff to amend the 2009 Downtown Plan to add five new subareas covering the geographic area roughly between Emerson Street to the south, Foster Street CTA Station to the north, the first north/south alley just west of Sherman Avenue to the east, Maple Avenue to the west and properties on the north side of Emerson Street between Maple Avenue and Ridge Avenue. The proposed north downtown subareas would accommodate Transit Oriented Development and act as a transition between the downtown core and lower density residential neighborhoods further north of Foster Street and east of Sherman Avenue. For Discussion V. COMMUNICATIONS VI. ADJOURNMENT 251 of 326 Planning & Development Committee Meeting Minutes of September 12, 2016 7:15 p.m. James C. Lytle Council Chambers - Lorraine H. Morton Civic Center MEMBERS PRESENT: D. Wilson, A. Rainey, M. Wynne, M. Tendam, D. Holmes, J. Fiske, E. Revelle STAFF PRESENT: M. Masoncup, M. Muenzer, D. Latinovic, M. Jones OTHERS PRESENT: PRESIDING OFFICIAL: Ald. Wilson I. DECLARATION OF QUORUM A quorum being present, Ald. Wilson called the meeting to order at 7:15 p.m. II. APPROVAL OF REGULAR MEETING MINUTES OF AUGUST 15, 2016 Ald. Wynne moved to approve the minutes of the August 15, 2016 meeting, seconded by Ald. Fiske. The committee voted unanimously 7-0 to approve the August 15, 2016 minutes. III. ITEMS FOR CONSIDERATION (P1) Ordinance 115-O-16, Planned Development at 824-828 Noyes Street The Plan Commission and staff recommend adoption of Ordinance 115-O-16 for approval of the Planned Development at 824-828 Noyes Street. The 4-story 44-unit mixed-use residential building would have a 3,200 square foot ground floor commercial space and 35 parking spaces on site. The development includes 5 site development allowances for: 44 dwelling units; a proposed height of 52 ft.; 35 parking spaces; 5’ east side yard building setback and 1’ rear yard parking setback. For Introduction Ald. Holmes moved to introduce Ordinance 115-O-16, seconded by Ald. Tendam. Greg DeStefano, developer, stated that the development will maintain the three walls of the existing commercial building and a 3-story residential component will be added. DeStefano also stated that the development is expected to include 25% studio units, 27.5% 1-bedroom, 27.5% 2-bedroom, and 20% 3-bedroom units. A parking lot for building tenants will be located behind the commercial space on the ground floor and will be accessible through the alley. Street improvements of the proposal include replacements of the sidewalk and handicapped crosswalk and re-pavement of alley. DeStefano stated that the development will also benefit the area by eliminating a blighted structure, enhancing the tax base and local economy, and providing inclusionary housing units. The development will have a LEED Silver certification. DeStefano stated that the Plan Commission’s recommendation to restrict tenant’s ability to obtain on-street parking permits is unreasonable. DRAFT – NOT APPROVED 252 of 326 Planning & Development Committee Meeting Page 2 of 3 Minutes of September 12, 2016 At Ald. Fiske’s request, Rickey Voss, Parking & Fleet Division Manager, stated that under Ordinance 10-11-10-F-6, District A permitting does not cover Noyes Street between Sherman and Ridge. Under Ordinance 10-11-10-7-8, District G permitting also does not cover Noyes Street between Sherman and Ridge. At Ald. Rainey’s request, Voss stated that tenants of the proposed development would not be eligible for parking permits. Voss stated that the 800 block of Noyes Street has metered parking and over-night parking. Noyes Street east of Sherman has restricted parking. Ald. Rainey asked Voss to review the parking restrictions at the Noyes Cultural Arts Center lot. Ald. Fiske stated that parking is critical for the success of businesses in the area. She also stated that although she is happy to see the proposal include on-site parking, she is skeptical about the marketability at $150 per parking spot/month. She believes tenants may not want to pay that price for parking and instead will resort to on-street parking, further congesting the parking availability in the area. Barbara Janes, resident, stated that for a number of reasons, she believes the proposed development is problematic and is opposed to its approval. Janes asked the developer to reduce the number of units and further amend the proposal to cater to families rather than students. Ald. Tendam stated that he believes there should be some on-street parking relief for tenants. Ald. Fiske added that she believes if on-street parking relief is given to tenants of the development, it will set a precedent for similar developments in the future. Ald. Revelle stated that she believes parking in the area is already congested and that there will be an additional parking spillover from the proposed restaurant in the commercial space of the development. DeStefano stated that his main concern is that a lack of on-street parking permits might potentially deter people from leasing units. At Ald. Rainey’s request, DeStefano stated that through the car-share program available to first-year tenants, they will utilize two cars that are located just under the train tracks. Voss returned and stated that there is no overnight parking in the Noyes Cultural Arts Center (from 11-6am). Director Muenzer noted staff will summarize the parking restrictions in an updated memo to City Council prior to final action on the item. The committee voted 6-1 to introduce Ordinance 115-O-16, Ald. Fiske dissenting. IV. ITEMS FOR DISCUSSION 253 of 326 Planning & Development Committee Meeting Page 3 of 3 Minutes of September 12, 2016 (PD1) Zoning Ordinance Text Amendment, Residential Care Homes – Category I as a Special Use in the R1 Single-Family Residential District Per the request of 1st Ward Alderman Judy Fiske, staff recommends that the Planning & Development Committee refer a text amendment to the Plan Commission amending the Zoning Ordinance to make Residential Care Homes – Category 1 (4-8 residents) a Special Use in the R1 Single-Family Residential District. Currently, Residential Care Homes - Category 1 are a permitted use in the R1 District. The proposal is expected to be presented to the Plan Commission in October 2016. For Discussion At Ald. Rainey’s request, Ald. Fiske stated that the reference is limited to R1 because within her ward, that has been the only zoning district affected. At Ald. Holmes request, Damir Latinovic, Planning & Zoning Administrator, clarified that Category 1 homes (4-8 residents) are permitted by right in all residential districts, all business districts, C1A district, all downtown districts, and in some transitional manufacturing districts and transitional campus districts. As a Special Use, Category 1 homes are only allowed in the MUE district. Category 2 (9-15 residents) is allowed by right in R4, R5, and R6 districts, D1, MU and MXE districts. As a Special Use, Category 2 homes are allowed in most other districts. The matter will be referred to the Plan Commission at the City Council meeting. V. COMMUNICATIONS VI. ADJOURNMENT Ald. Holmes moved to adjourn. The committee voted unanimously 7-0 to adjourn. The meeting was adjourned at 7:56 p.m. Respectfully submitted, April Swanson 254 of 326 For City Council meeting of September 26, 2016 Item P1 Ordinance 123-O-16, Special Use at 618 ½ Church St. 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 123-O-16, Granting a Special Use for a Type 2 Restaurant, Viet Nom Nom, at 618 ½ Church St. Date: September 13, 2016 Recommended Action: The Zoning Board of Appeals and City staff recommend adoption of Ordinance 123-O- 16 granting special use approval for a Type 2 Restaurant, Viet Nom Nom, at 618 ½ Church St. in the D3 Downtown Core Development District. The applicant has complied with all zoning requirements and meets all of the standards for a special use for this district. Alderman Wilson requests suspension of the Rules for Introduction and Action by City Council on September 26, 2016. Livability Benefits: Climate & Energy: Reduce material waste through recycling. Economy & Jobs: Retain and expand local businesses, expand job opportunities, develop workforce. Health & Safety: Provide for access to fresh, healthful food. Summary: 618 ½ Church St. is located on the south side of Church St., just west of the alley between Orrington Ave. and Chicago Ave. in the D3 Downtown Core Development District. The ground-floor commercial space was previously a Type 1 Restaurant, Funky Monk. Viet Nom Nom is a fast-casual restaurant that will feature minimal dine-in seating, to-go food service, and catering. Viet Nom Nom currently operates as an established catering business that utilizes a shared-kitchen space in Evanston. The business intends to expand into a primarily carry-out restaurant with expanded kitchen space for catering at 618 ½ Church St. Memorandum 255 of 326 The restaurant will feature maximum hours of operation from 7am – 8pm Monday through Saturday, and will be closed on Sundays. The business will utilize four employees per shift, with a total workforce of 10-12 full-time employees. Most employees are expected to utilize public transportation, and employees that drive will park in the Church Street parking garage. Commissary deliveries will occur two to three times per week between 7-9am via the rear of the building off of the alley. A delivery service will be utilized to provide deliveries to customers. The delivery service and catering deliveries (by the operator) will also use the rear entrance off of the alley. The applicant does not intend to make any exterior modifications to the property other than signage. The interior will feature an expanded kitchen with a food-prep area visible through the front restaurant window. The applicant plans to establish a sidewalk café with seating for approximately 12 customers in the future. City staff has not received any objections to the proposed use from neighboring property owners. Legislative History: Zoning Board of Appeals – September 6, 2016: Unanimous recommendation for approval with conditions. 1. Hours of operation not to exceed 6am – midnight, 7 days a week. 2. Employees shall not park on the street. 3. Substantial compliance with the documents and testimony on record. ------------------------------------------------------------------------------------- Attachments: Ordinance 123-O-16 ZBA Findings of Fact ZBA Draft Minutes – September 6, 2016 ZBA Packet – September 6, 2016 http://www.cityofevanston.org/assets/zba-packet-20160906.pdf 256 of 326 9/13/2016 123-O-16 AN ORDINANCE Granting a Special Use Permit for a Type 2 Restaurant Located at 618½ Church Street in the D3 Downtown Core Development Zoning District (“Viet Nom Nom”) WHEREAS, the Zoning Board of Appeals (“ZBA”) met on September 6, 2016, pursuant to proper notice, to consider case no. 16ZMJV-0069, an application filed by Noah Bleicher (the “Applicant”), lessee of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 618½ Church Street (the “Subject Property”) and located in the D3 Downtown Core Development District, for a Special Use Permit to establish, pursuant to Subsection 6-11- 4-3 of the Evanston City Code, 2012, as amended (“the Zoning Ordinance”), a Type 2 Restaurant, “Viet Nom Nom,” on the Subject Property; and WHEREAS, the ZBA, after hearing testimony and receiving other evidence, made a written record and written findings that the application for a Special Use Permit for a Type 2 Restaurant met the standards for Special Uses in Section 6-3-5 of the Zoning Ordinance and recommended City Council approval thereof; and WHEREAS, at its meeting of September 26, 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-0069; and 257 of 326 123-O-16 ~2~ WHEREAS, at its meeting of September 26, 2016, the City Council considered and adopted the respective records, findings, and recommendations of the ZBA and P&D Committee, as amended, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: The City Council hereby approves the Special Use Permit for a Type 2 Restaurant on the Subject Property as applied for in case no. 16ZMJV- 0069. 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 shall develop and use the Subject Property in substantial compliance with: all applicable legislation; the Applicant’s testimony and representations to the ZBA, the P&D Committee, and the City Council; and the approved plans and documents on file in this case. B. Hours of Operation: The Applicant shall operate the Type 2 Restaurant authorized by this ordinance only between the hours of 6:00 a.m. and Midnight on any given day. C. Employee Parking: Employees may not utilize on-street parking during the hours of operation. D. Recordation: Before it may operate the Special Use authorized by the terms of this ordinance, the Applicant shall record, at its cost, a certified copy of this ordinance with the Cook County Recorder of Deeds. 258 of 326 123-O-16 ~3~ SECTION 4: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 8: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2016 Adopted:___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 259 of 326 123-O-16 ~4~ EXHIBIT A LEGAL DESCRIPTION SUB LOTS 1 AND 2 (EXCEPT THE SOUTH 15 FEET THEREOF DEDICATED AS A PUBLIC ALLEY), SUB LOTS 3, 4, AND 5, INCLUSIVE, IN THE RESUBDIVISION OF LOTS 2 AND 3 IN BLOCK 19 OF ORIGINAL VILLAGE (NOW CITY) OF EVANSTON, ACCORDING TO THE PLAT THEREOF RECORDED IN THE RECORDER’S OFFICE OF COOK COUNTY, STATE OF ILLINOIS, IN THE BOOK OF PLATS NO. 85, PAGE 41, AS DOCUMENT 52838, INCLUDING ALSO THE 15 FOOT STRIP IMMEDIATELY WEST AND ADJACENT TO SAID SUB LOT 2 (EXCEPT THE SOUTH 15 FEET THEREOF) VACATED AS AN ALLEY BY ORDINANCE OF THE CITY COUNCIL OF EVANSTON, APPROVED JUNE 27, 1928, RECORDED JULY 2, 1928 AS DOCUMENT 10074866, ALL IN THE SW ¼ OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 11-18-306-028-0000 COMMONLY KNOWN AS: 618½ Church Street, Evanston, Illinois. 260 of 326 P LANNING AND Z ONING D IVISION 847-448-8230 zoning@cityofevanston.org Community Development Department www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3202 Evanston, IL 60201 FF II NN DD II NN GG SS FOR STANDARDS OF SS PP EE CC II AA LL UU SS EE PP EE RR MM II TT SS In the case of After conducting a public hearing on September 6, 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 6-0 (B) It is in keeping with purposes and policies of the adopted comprehensive general plan and the zoning ordinance as amended from time to time; ___X___Met _____Not Met Vote 6-0 (C) It will not cause a negative cumulative effect, when its effect is considered in conjunction with the cumulative effect of various special uses of all types on the immediate neighborhood and the effect of the proposed type of special use upon the city as a whole; ___X___Met _____Not Met Vote 6-0 (D) It does not interfere with or diminish the value of property in the neighborhood; ___X___Met _____Not Met Vote 6-0 Case Number: 16ZMJV-0069 Address or Location: 618 ½ Church Street Applicant: Noah Bleicher Proposed Special Use: Type 2 Restaurant, Viet Nom Nom 261 of 326 P LANNING AND Z ONING D IVISION 847-448-8230 zoning@cityofevanston.org Community Development Department www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3202 Evanston, IL 60201 (E) It can be adequately served by public facilities and services ___X___Met _____Not Met Vote 6-0 (F) It does not cause undue traffic congestion; ___X___Met _____Not Met Vote 6-0 (G) It preserves significant historical and architectural resources; ___X___Met _____Not Met Vote 6-0 (H) It preserves significant natural and environmental features; and ___X___Met _____Not Met Vote 6-0 (I) It complies with all other applicable regulations of the district in which it is located and other applicable ordinances, except to the extent such regulations have been modified through the planned development process or the grant of a variation. ___X___Met _____Not Met Vote 6-0 and, based upon these findings, and upon a vote __6__ in favor & __0__ against Recommends to the City Council _____ approval without conditions _____ denial of the proposed special use __x__ approval with conditions specifically: 1. Hours of operation not to exceed 6am – midnight, 7 days a week. 2. Employees shall not park on the street. 3. Substantial compliance with the documents and testimony on record. Attending: Vote: Aye No ___X__ Mary Beth Berns __X__ ____ ___X___ Myrna Arevalo __X__ ____ ___X___ Scott Gingold __X__ ____ ___X___ Violetta Cullen __X__ ____ ___X___ Lisa Dziekan __X__ ____ ___X___ Mary McAuley __X__ ____ 262 of 326 Page 1 of 2 Zoning Board of Appeals DRAFT NOT APPROVED MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, September 6, 2016 7:00 PM Civic Center, 2100 Ridge Avenue, Room 2404 Members Present: Lisa Dziekan, Mary Beth Berns, Violetta Cullen, Scott Gingold, Myrna Arevalo, Mary McAuley Members Absent: Staff Present: Melissa Klotz 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 Mr. Gingold made a motion to approve the minutes from the August 16, 2016 Zoning Board of Appeals meeting; seconded by Ms. Cullen. The minutes were approved 5-0 with one abstention. New Business 1919 Dempster Street ZBA 16ZMJV-0065 Tom Bartecki, Senior Development Director, applies for a special use permit for a Type 2 Restaurant, McDonalds, and a special use permit for a Drive Through Facility, at 1919 Dempster Street. The applicant proposes a 61 square foot building addition for a new Drive- Through window, and a second ordering lane for a dual Drive-Through Facility. 1919 Dempster Street is located in the C2 Commercial District, which requires a special use permit for a Type 2 Restaurant and a Drive-Through Facility to operate (Zoning Code Section 6-10-4-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. As requested by staff, Mr. Gingold made a motion to continue the case to the October 4, 2016 ZBA hearing without discussion, seconded by Ms. Cullen. Approved 6-0. 618 ½ Church Street ZBA 16ZMJV-0069 Noah Bleicher, lessee, applies for a special use permit for a Type 2 Restaurant, Viet Nom Nom, at 618 ½ Church Street, which is located in the D3 Downtown Core Development District, which requires a special use permit for a Type 2 Restaurant to operate (Zoning Code Section 6-11-4- 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. Bleicher explained the proposal: Has a catering business that has operated out of a shared kitchen space (Now We’re Cookin’) for the last 12 months. Will hire locally and expects most employees will not need to drive to the restaurant, but employees that drive will park off-street. Maximum 5 employees per shift Hours of operation 7am – 7pm No plan to obtain a liquor license 263 of 326 Page 2 of 2 Zoning Board of Appeals 10 seats inside, and up to 12 seats outside at the sidewalk café (licensed separately) Anticipate mostly take-out and delivery Third party company will make the deliveries All third party deliveries and commissary deliveries will occur through the rear off of the alley. Ms. McAuley inquired why the restaurant will not be open later like surrounding restaurants and Mr. Bleicher explained they might, but they anticipate the morning hours will be the busiest with prep-work for a standing lunch contract with Northwestern University, and it is important to have a work-life balance so the restaurant will likely be closed during the slower night hours. Mr. Bleicher continued: Has restaurant management experience Will follow Litter Collection Plan and Sustainable Practices The ZBA entered into Deliberation: Ms. Cullen noted this is a good addition to the downtown area, and reminded the applicant to review the details of the Litter Collection Plan he has agreed to follow. Ms. McAuley explained this business is the second business to successfully transition out of Now We’re Cookin’.Additionally, the use is consistent with the surrounding area. The following standards for approval of special use were met: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Mr. Gingold made a motion to recommend approval of the special use, seconded by Ms. Cullen. The motion was approved 6-0 with the following conditions: 1. Hours of operation not to exceed 6am – midnight, 7 days a week. 2. Employees shall not park on the street. 3. Substantial compliance with the documents and testimony on record. Other Business Chair Berns summarized points from the CMAP workshop that was attended by some ZBA members: Be predictable - members should be consistent and explain their opinion on each case. Motions should be made in the positive whenever possible to avoid confusion. Use of a cell phone during a meeting may look like a violation of the OMA to the audience, so be aware of the optics. Members asked if a new member has been appointed to fill the board vacancy yet, and noted 3 year ZBA terms would be much more palatable and may increase the chance of filling the vacancy. The meeting adjourned at 7:49pm. 264 of 326 For City Council meeting of September 26, 2016 Item P2 Ordinance 115-O-16, Planned Development 824-828 Noyes Street 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 115-O-16 Planned Development, 824-828 Noyes Street, 16PLND-0048 Date: September 15, 2016 Recommended Action: The Plan Commission and staff recommend adoption of Ordinance 115-O-16 for approval of the Planned Development at 824-828 Noyes Street. The 4-story 44-unit mixed-use residential building would have a 3,200 square foot ground floor commercial space and 35 parking spaces on site. The development includes 5 site development allowances for: number of dwelling units (44 proposed where 12 is the maximum allowed with bonuses. This item will require a supermajority of the Council vote); a proposed height of 52 ft. (maximum building height allowed is 44 ft. with IHO TOD bonus and 56 ft. with a site development allowance); 35 parking spaces (39 required); 5’ east side yard building setback (10 ft. required with a landscape buffer) and 1’ rear yard parking setback (5 ft. is required). If the project is approved, staff will continue to work with the applicant on the design of the building throughout the approval process. Final Design and Project Review (DAPR) approval and issuance of the building permit will not be granted until there is agreement between staff and the applicant regarding building elevations. Update since September 12, 2016 P&D meeting: At its September 12, 2016 meeting, the Planning and Development Committee requested staff provide a summary of on-street parking, Noyes Art Center and Lot 16 (parking lot underneath the tracks) parking availability. The area parking restrictions summary and map are attached. Livability Benefits: Built Environment: Enhance Public Spaces; Support Housing Affordability, Provide Compact and Complete Streets and Neighborhoods, Promote Diverse Transportation Modes Support Quality Jobs and Shared Prosperity: Expand Job Opportunities Memorandum 265 of 326 Background The .49 acre site is currently improved with a one-story commercial building with three separate retail spaces, two of which are vacant. The parcel is under contract and to be purchased by the applicant pending land use entitlement approvals. 824-828 Noyes Street Proposed Planned Development The uses surrounding the site include: a 3-story apartment building to the east (812-814 Noyes Street); CTA railroad right-of-way to the immediate west with City parking lot beneath the station; a one-story commercial building immediately north of the site across Noyes Street and single-family residences immediately to the south across the alley. Proposal The applicant is proposing to retain three exterior walls of the existing building (front and side facades) and construct 3 residential floors above, keeping a portion of the ground floor as commercial space for a proposed restaurant use. The ground floor of the building will consist of 3,200 feet of commercial space with a recessed façade, a small lobby, bike storage for 60 bikes within the northwest portion of the building and the 35 covered parking spaces in the rear of the building with access off of the alley. The loading berth and trash area will be on the southwest portion of the site off of the alley. 824-828 Noyes Street, Proposed Ground Floor Plan 266 of 326 The 2nd floor will consist of the building’s management office and a mix of three studio units, four 1-bedroom units, four 2-bedroom units and three 3-bedroom units. The 3rd and 4th floors will have identical layouts with a mix of four studio units, four 1-bedroom units, four 2-bedroom units and three 3-bedroom units. Parking and Traffic Based on the number and type of units proposed (eleven studio units, twelve 1- bedroom units, twelve 2-bedroom units and nine 3-bedroom units), the square footage of the proposed commercial space and bonuses provided for inclusion of on-site affordable units, the proposed building is required to have a total of 39 parking spaces. The applicant is proposing a total of 35 parking spaces (0.8 per dwelling unit) which meets the requirement for the residential portion of the development. Additional four spaces are required for the commercial portion of the development. 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 property is located adjacent to the Noyes Street CTA rail stop and is 2/3 of a mile from the Metra station at Davis Street (two CTA stops south of the Noyes Street station). The study notes the existing roadway system in place will be able to sufficiently accommodate the traffic anticipated by the proposed development and the applicant has committed to working with surrounding residents to install as-needed traffic-calming measures. The site is currently not eligible for on-street parking permits, but the ordinance still includes a condition that does not allow building residents to obtain residential on-street parking permits in case the on-street residential permit parking rules are changed in the future. Compliance with the Zoning Ordinance The property is zoned B1, Business and R5, General Residential. Due to the proposed ground floor commercial space and the fact that a commercial space is desirable on this site, the proposal is analyzed under B1 district requirements that allow for commercial uses. The R5 district only allows residential uses. Planned Development The applicant is requesting Special Use approval for a Planned Development to construct the 4-story mixed-use residential building with 44 dwelling units and ground floor commercial space. The applicant is requesting approval of five site development allowances: 267 of 326 824-828 Noyes St. Site Development Allowances Required / Max. Permitted Inclusionary Housing TOD Bonus Maximum Site Development Allowance Proposed Building Height (in ft.) 40 44 56 52 # of dwelling units 8 (2,500 sq. ft./ DU) 10 12 44 # of parking spaces 65 39 N/A 35 Side yard setback (Building) 10 NA NA 5 Rear yard setback (parking) 5 N/A N/A 1 Public Benefits The proposed development will redevelop a primarily vacant building and generate additional property tax to the community. The proposed building will also provide an additional living option within a transit oriented development. The applicant has committed, and the ordinance includes the following public benefits as part of the Planned Development proposal: 1. Affordable Housing in compliance with Inclusionary Housing Ordinance (IHO) a. 4 on-site units: one studio unit at 50% AMI, a one-bedroom unit at 60% AMI, one two-bedroom unit at 50% AMI, and one three- bedroom unit at 60% AMI.) 2. $10,000 contribution to the public art fund 3. $10,000 contribution to the Divvy Bike Share program. 4. Repaving 100 linear feet of the existing adjacent alley south of the site. 5. Installation of landscaping elements east of the site for the adjacent residential building. 6. Noyes Street streetscape improvements including a new sidewalk from the project site to the alley east of the site and parkway landscaping. 7. Pedestrian crosswalk improvements at the Noyes Street and Noyes Court intersection. 8. Installation of a CTA Transit Tracker Display Board within the building lobby. 9. One free car-share pass for one year for each building unit. 10. Minimum LEED Silver certification (required by Green Building Ordinance) Staff also recommends requiring the following public benefit be added to the ordinance: 11. Installation of a green roof 268 of 326 Standards of Approval The proposed development must satisfy the Standards for Special Uses in Section 6-3- 5-10, Standards for Planned Development in Section 6-3-6-9 and standards and guidelines established for Planned Developments in the B1, Business District in Section 6-9-1-9. The proposed development is a desirable mixed-use TOD development compatible with the surrounding land uses. The proposal includes an additional housing option for residents near public transportation. The proposed site development allowances are necessary for a desirable redevelopment of the site with the proposed public benefits. The proposed development will not have an adverse effect on the value of adjacent properties. There are adequate public utility services and infrastructure available to the property. The proposal will not cause undue traffic congestion. The applicant has submitted a parking and traffic study which illustrates that service levels of nearby intersections will not be negatively impacted and parking provided on site will be sufficient for the new residential use. The proposal is consistent with the vision and goals of the Comprehensive Plan for redevelopment of underutilized properties with uses compatible with surrounding neighborhood. The proposed development is compatible with other similar developments in the area and is not of such nature in height, bulk and scale to exercise any influence contrary to the purpose and intent of the Zoning Ordinance. Legislative History September 12, 2016 – The Planning and Development Committee introduced Ordinance 115-O-16 and requested additional information about on-street parking restrictions and availability August 10, 2016 – The Plan Commission unanimously recommended approval of the proposed Planned Development with conditions outlined in the staff report memo dated August 2, 2016 and incorporated into the Ordinance. July 13, 2016 – The Plan Commission opened the public hearing and heard testimony by the applicant and general public. June 29, 2016 –The Design and Project Review Committee (DAPR) Committee recommended unanimous approval of the proposed development with suggestions for a green roof and revisions to the building’s exterior, some of which have since been incorporated into building design. Attachments Proposed Ordinance 115-O-16 Parking Restriction Summary and Map Plan Commission Meeting Minutes 08/10/2016 and 07/13/2016 Link to Plan Commission Packet for 08/10/2016 269 of 326 9/1/2016 9/13/2016 115-O-16 AN ORDINANCE Granting a Special Use Permit for a Planned Development Located at 824-828 Noyes Street in the B1 Business Zoning District and the R5 General Residential Zoning 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 Plaines, 153 Ill.2d 164, 174-75 (1992)); and WHEREAS, it is a well-established proposition under all applicable case law that the power to regulate land use through zoning regulations is a legitimate means of promoting the public health, safety, and welfare; and WHEREAS, Division 13 of the Illinois Municipal Code (65 ILCS 5/11-13-1, et seq.) grants each municipality the power to establish zoning regulations; and WHEREAS, pursuant to its home rule authority and the Illinois Municipal Code, the City has adopted a set of zoning regulations, set forth in Title 6 of the Evanston City Code of 2012, as amended, (“the Zoning Ordinance”); and 270 of 326 115-O-16 ~2~ WHEREAS, GDS Acquisitions, LLC (“Applicant”), the Applicant for the proposed development located at 824-828 Noyes Street, 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”, Subsection 6-9-1-9, and “Planned Developments” in Business Zoning Districts, to permit the construction and operation of a Planned Development located at the Subject Property in the B1 Business Zoning District (“B1 District”) and the R5 General Residential Zoning District (“R5 District”); and WHEREAS, the Applicant sought approval to construct a new four (4) - story fifty-two (52) foot tall mixed-use building consisting of up to forty-four (44) residential units, with a floor area ratio of 2.2, approximately three thousand, two hundred (3,200) gross square footage of commercial space and thirty-five (35) 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, building side yard setback from the east side property line, and open parking rear yard setback from the south property line; and WHEREAS, 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 271 of 326 115-O-16 ~3~ WHEREAS, on July 13, 2016 and August 10, 2016, 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. 16PLND-0048, 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, Planned Developments in the B1 Business District per Subsection 6-9-1-9 of the Zoning Ordinance; and WHEREAS, on August 10, 2016, the Plan Commission recommended the City Council approve the application with conditions; and WHEREAS, on September 12, 2016, 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 September 12, 2016 and September 26, 2016, held in compliance with the Open Meetings Act and the Zoning Ordinance, the City Council considered the recommendation of the P&D Committee, received additional public comment, made certain findings, and adopted said recommendation; and 272 of 326 115-O-16 ~4~ WHEREAS, it is well-settled law that the legislative judgment of the City Council must be considered presumptively valid (see Glenview State Bank v. Village of Deerfield, 213 Ill.App.3d 747) and is not subject to courtroom fact-finding (see National Paint & Coating Ass’n v. City of Chicago, 45 F.3d 1124), NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The 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. 16PLND- 0048, to allow construction and operation of the Planned Development for a four (4) - story fifty-two (52) foot tall mixed-use building consisting of up to forty-four (44) residential units, with a floor area ratio of 2.2, approximately three thousand, two hundred (3,200) gross square footage of commercial space and thirty-five (35) 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 forty-four (44) residential dwelling units, whereas City Code Subsection 6-9-1- 9(C)(2) of the Zoning Ordinance allows for a maximum of ten (10) residential dwelling units in the B1 District with site development allowances, and an additional two (2) units are allowed, for a maximum total of twelve (12) residential dwelling units, under City Code Subsection 5-7-13(D), “Inclusionary Housing Bonuses.” (B) Height: A Site Development Allowance is hereby granted for a building height of fifty-two (52) feet, whereas City Code Subsection 6-9-1-9(C)1 of the Zoning Ordinance allows for a maximum building height of fifty-two (52) feet in the B1 District with site development allowances and City Code Subsection 5-7-13(D), 273 of 326 115-O-16 ~5~ “Inclusionary Housing Bonuses” provides an additional four (4) feet are permitted for a maximum height allowed of fifty-six (56) feet. (C) Number of Parking Spaces: A Site Development Allowance is hereby granted for a total of thirty-five (35) on-site parking spaces, whereas City Code per Subsection 6-16-3-5 of the Zoning Ordinance and Subsection 5-7-13(E), “Inclusionary Housing Parking Requirements,” requires a total minimum of thirty- nine (39) parking spaces. (D) Building Side Yard Building Setback from the East Property Line: A Site Development Allowance is hereby granted for a building side yard setback from the east property line of five (5) feet, whereas City Code Subsection 6-9-2-7 of the Zoning Ordinance requires a setback of ten (10) feet with landscaping for buildings. (E) Rear Yard Parking Setback from the South Property Line: A Site Development Allowance is hereby granted for a setback of one (1) foot, whereas City Code Subsection 6-9-2-7 of the Zoning Ordinance requires a setback of five (5) feet for unenclosed parking areas. 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 ordinance; the Site and Landscape Plans in Exhibit B and C, attached hereto and incorporated herein by reference; all applicable City Code requirements; the Applicant’s testimony and representations to the Design and Project Review Committee, the Plan Commission, the P&D Committee, and the City Council; and the approved documents on file in this case. (B) Construction Management Plan: The Applicant shall sign and agree to a Construction Management Plan (CMP) with the City of Evanston prior to issuance of the Building Permit. The CMP shall include but is not limited to the following: construction phasing/staging plans; construction hours; site access including traffic and pedestrian safety plans; contractor parking; damage control and vibration monitoring; construction exhibits; project communication and signage. 274 of 326 115-O-16 ~6~ (C) Affordable Housing in the Development: The Applicant must provide: one (1) studio on-site affordable housing unit to a household earning at or below fifty percent (50%) of Area Median Income (AMI), one (1) one (1) bedroom on-site affordable housing unit to a household earning at or below sixty percent (60%) of AMI, one (1) two (2) bedroom on-site affordable housing unit to a household earning at or below fifty percent (50%) of AMI, and one (1) three (3) bedroom on- site affordable housing unit to a household earning at or below sixty percent (60%) of AMI. The units provided must meet all of the requirements of the City of Evanston Inclusionary Housing Ordinance (“IHO”). (D) Public Art Contribution: The Applicant shall pay a one-time contribution of ten thousand dollars ($10,000) to the City’s Public Art Fund for installation of a piece of public art to benefit the immediate neighborhood. The contribution will be made prior to issuance of the final certificate of occupancy (FCO). (E) Divvy Bike Share Contribution: The Applicant shall pay a one-time contribution of ten thousand dollars ($10,000) to the Divvy Bike Share Program. The contribution will be made prior to the issuance of the FCO. (F) Alley Repaving: The Applicant agrees to repave one hundred (100) linear feet of the existing alley adjacent to the Subject Property. (G) Landscape Design: The Applicant shall install and maintain all landscaping materials as depicted in Exhibit C, including landscaping elements east of the Subject Property. (H) Streetscaping on Noyes Street: Applicant must install and maintain the streetscaping improvements including a new sidewalk from the Subject Property to the alley east of the Subject Property and parkway landscaping, as depicted in Exhibit C. (I) Noyes Pedestrian Crosswalk: Applicant agrees to provide improvements at the pedestrian crosswalk at the Noyes Street and Noyes Court intersection, as depicted in Exhibit B. (J) CTA Transit Tracker: The Applicant agrees to install a CTA Transit Tracker Display Board within the building’s lobby area. (K) On-Site Car Share Spaces: One Enterprise Car-share pass must be made available to each building unit free of charge during the first year of leasing. (L) Residential On-Street Parking Permits: Residents of the building shall not be eligible to obtain residential on-street parking permits (M) 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. 275 of 326 115-O-16 ~7~ (N) 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. (O) Changes in Property Use: This ordinance hereby grants approval for a multi- family residential building with ground floor commercial units. Any change as to the property’s use in the future must be processed and approved as an amendment to the Planned Development. (P) Recordation: Pursuant to Subsection 6-3-6-10 of the Zoning Ordinance, the Applicant shall, at its cost, record a certified copy of this ordinance, including all exhibits attached hereto, with the Cook County Recorder of Deeds, and provide proof of such recordation to the City, before the City may issue any permits pursuant to the Planned Development authorized by the terms of this ordinance. SECTION 5: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s tenants, agents, assigns, and successors in interest.” 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 276 of 326 115-O-16 ~8~ without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 10: The findings and recitals herein are hereby declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2016 Adopted:___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 277 of 326 115-O-16 ~9~ EXHIBIT A Legal Description LOT 2 IN NORTHWESTERN UNIVERSITY’S RESUBDIVISION OF PART OF LOT 9 OF ASSESSOR’S DIVISION OF FRACTIONAL SECTION 7, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PINs: 11-07-120-050-8001 11-07-120-050-8002 COMMONLY KNOWN AS: 824-828 Noyes Street, Evanston, IL 60201 278 of 326 115-O-16 ~10~ EXHIBIT B Development Plans 279 of 326 280 of 326 281 of 326 282 of 326 283 of 326 284 of 326 285 of 326 286 of 326 287 of 326 288 of 326 115-O-16 ~11~ EXHIBIT C Landscape Plans 289 of 326 290 of 326 291 of 326 292 of 326 293 of 326 294 of 326 Parking Restrictions near 824-828 Noyes St. Parking District ‘A’ restrictions: 2 hour parking, Monday – Saturday, 9 a.m. – 6 p.m. if you do not have a district permit. No overnight restriction. Parking District ‘G’ restrictions: 2 hour parking, Monday – Friday, 9 a.m. – 6 p.m. if you do not have a district permit. No overnight restriction. Noyes Art Center (Lot 51) 12 metered spaces at .75/hr. with a 3 hour limit. Monday-Saturday 9am-6pm. 40 designated permit spaces, Permit parking is 7am-6pm Parking is prohibited 11pm- 7am. Parking Lot under the tracks (Lot 16) 20 metered spaces. The rate is .25/hr. Monday- Saturday 9am-6pm. 2 Enterprise Car Share spaces (unmetered). No overnight restriction. On-Street Parking 800 Block of Noyes has 5 metered spaces on the north side and 6 metered spaces on the south side of the street at .75/hr. 2 hour limit Monday-Saturday 9am-6pm. South side of Noyes St. alley to Sherman Ave there are 6 spaces with a 2 hour time limit. No residential permit required. 900 Block of Noyes has 9 metered spaces (all on south side); 7 have a 2 hour limit and 2 have a 20 minute limit. Monday-Saturday 9am-6pm. No overnight restrictions. 295 of 326 927 2257 2253 2255 2251 10092309 2303 2249 2305 815809805803819807909 8138378258212300 2228226022522258224222482238 2232224622542234 2236 22302250 81722562244912820 823918824828826907912815827924909813822914 819910824911828928922818 8208118299168122218 2224 2145 2226 2208 2200 2146 2202 2216 2217 2149 2142 2204 2222 2147 2206 2201 2141 2127 2219 2215 2203 2207 2212 2205 2150 22142211 2220 2137 2140 2210 2145 1/2926 910914 1/2916 1/22146 1014 2126 2222 2210 1010 2218 2142 2216 2128 2134 2214 2148 2138 Noyes St Maple AveNoyes CtGaffield Pl Sherman AveTallmadge PhilbrickAA A A G GG G AG Addresses Eligible for Residential Parking Exemption near 824 Noyes ´824 Noyes Street Eligible Addresses Building Footprint Tax Parcel Street Alley 0 100 200 300 Feet This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information. 9/19/2016 824NoyesParkingMap.mxd296 of 326 APPROVED Page 1 of 3 Plan Commission Minutes 8/10/2016 MEETING MINUTES PLAN COMMISSION Wednesday, August 10, 2016 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, James C. Lytle Council Chambers Members Present: Jim Ford (Chair), Simon Belisle, Carol Goddard, Terri Dubin, Peter Isaac Members Absent: Colby Lewis, Patrick Brown, Andrew Pigozzi Associate Members Present: none Associate Members Absent: Scott Peters Staff Present: Meagan Jones, Neighborhood and Land Use Planner Damir Latinovic, Planning and Zoning Administrator 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 7:02 P.M. 2. APPROVAL OF MEETING MINUTES: July 13, 2016 Commissioner Isaac made a motion to approve the minutes from July 13, 2016. Commissioner Goddard 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 16PLND-0048 824-828 Noyes Street The applicant is requesting approval of a Planned Development to construct a 4-story, 44-unit mixed-use building consisting of commercial space on the ground floor, dwelling units above and 35 297 of 326 APPROVED Page 2 of 3 Plan Commission Minutes 8/10/2016 parking spaces. The applicant seeks four site development allowances including: the proposed number of dwelling units (44 where 12 is the maximum allowed with bonuses); a proposed height of 52 ft. (where the maximum building height is 44 ft. with IHO TOD bonus and 56 ft. with a site development allowance); the proposed number of parking spaces (35 where a minimum of 39 is required); and rear yard setback (1ft. where a minimum of 5 ft. is required). Chairman Ford noted three documents for the record: - A letter from McCluskey Engineering Corporation regarding structural support for a green roof - A letter of support from Jack Weiss of Design Evanston - A letter of support from Kosta Douvikas of D & D Finer Foods Chairman Ford read a letter from Barbara Janes, resident, into the record noting concerns regarding project height and density, wood frame construction, proposed public benefits, student use of the building, emergency vehicle access and the façade materials. One member of the public spoke, stating general support of the use then reiterating concerns of parking and density. Mr. DeStefano explained that any back taxes will be paid by the seller and the separate land parcels will be combined into one parcel. Ms. Jones reiterated staff’s recommendation for the project and addressed concerns of emergency vehicle access raised. Chairman Ford closed the public hearing portion and asked for comments from the Commission. Commissioner Dubin stated several points for discussion: staff’s green roof recommendation, residential parking zones, student residents and possible alley or street adjustments to ease traffic. Discussion followed on adjacent alley and street use and possible traffic calming measures. Chairman Ford asked for clarification on the dual zoning of the parcel. Ms. Jones explained the B1 Business zoning allows for retail use where the R5 Residential does not so the project was processed using B1 standards. Commissioner Isaac inquired about the restriction of on-street residential parking permits. A brief discussion followed regarding reasoning behind the restriction and process for determining inclusion in residential parking zones. The Commission reviewed the standards for approval of the project. Chairman Ford then asked if there was any commissioner who wished to include staff’s recommendation on the green roof or exclude the condition of no on-street parking permits for building residents. No action was taken. Deliberation continued with additional discussion on parking, density and the green roof. Commissioner Belisle made a motion to recommend approval of the project including conditions as recommended by staff, indicated below, and finding that standards for approval have been met. 1. The proposed planned development shall substantially conform to the plans and documents attached to this report. 298 of 326 APPROVED Page 3 of 3 Plan Commission Minutes 8/10/2016 2. Residents of the building shall not be eligible to obtain residential on- street parking permits. 3. A Construction Management Plan (CMP) must be agreed to and executed with the City prior to issuance of the building permit. 4. Any change in use must be approved as an amendment to the Planned Development. The motion was seconded by Commissioner Goddard. A roll call vote was taken and the motion was approved, 5-0. Ayes: Belisle, Dubin, Ford, Goddard, Isaac Nays: None 4. NEW BUSINESS A. TEXT AMENDMENT 16PLND-0068 Transit Oriented Development (TOD) Parking Requirements A Zoning Ordinance Text Amendment pursuant to City Code Title 6, Zoning, to update Chapter 16 – Off-Street Parking and Loading, to establish parking requirements in TOD areas. Per staff’s recommendation, Commissioner Goddard made a motion to continue this item to the September 14, 2016 Plan Commission meeting. Commissioner Belisle seconded the motion. The motion was approved unanimously 5-0. 5. PUBLIC COMMENT Chair Ford announced that staff will host a CMAP training for Planning and Zoning Boards and Commissions on August 23, 2016. He then mentioned that there is a vacancy on the Commission and encouraged Commissioners to forward possible candidates to the Mayor’s office. 6. ADJOURNMENT Commissioner Dubin made a motion to adjourn the meeting. Commissioner Goddard seconded the motion. A voice vote was taken and the motion was approved by voice call 5-0. The meeting was adjourned at 7:52 pm. Respectfully Submitted, Meagan Jones Neighborhood and Land Use Planner Community Development Department 299 of 326 APPROVED Page 1 of 4 Plan Commission Minutes 7/13/2016 MEETING MINUTES PLAN COMMISSION Wednesday, July 13, 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, Peter Isaac, Members Absent: Simon Belisle, Patrick Brown, Andrew Pigozzi, 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 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 7:02 P.M. 2. APPROVAL OF MEETING MINUTES: June 8, 2016 Commissioner Lewis made a motion to approve the minutes from June 8, 2016. Commissioner Goddard 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 16PLND-0048 824-828 Noyes Street The applicant is requesting approval of a Planned Development to construct a 4-story, 44-unit mixed-use building consisting of commercial space on the ground floor, dwelling units above and 35 300 of 326 APPROVED Page 2 of 4 Plan Commission Minutes 7/13/2016 parking spaces. The applicant seeks four site development allowances including: the proposed number of dwelling units (44 where 12 is the maximum allowed with bonuses); a proposed height of 52 ft. (where the maximum building height is 44 ft. with IHO TOD bonus and 56 ft. with a site development allowance); the proposed number of parking spaces (35 where a minimum of 39 is required); and rear yard setback (1ft. where a minimum of 5 ft. is required). Mr. Greg DeStefano of GDS Acquisitions provided an introduction to the project and development team. He relayed the project characteristics, clarifying that there will be five site development allowances and noting that there will be four affordable dwelling units on-site. He listed public benefits of the projects and addressed providing a reflective white roof in lieu of a green roof as part of the sustainable design of the building. Chair Ford stated that he received a request for a continuance of the hearing for the project from Ms. Barbara Janes. He specified that the continuance will be granted and the item will be continued to the August 10, 2016 Plan Commission meeting. Chair Ford then stated that the Commission will continue to hear questions and comments from the public during the current meeting then continue the hearing at the August meeting. Ms. Jones presented a brief review of the project characteristics and public benefits, noting that this project is the first to fall under the regulations of the Inclusionary Housing Ordinance. She then stated what standards for approval apply to the proposed project and that staff recommends approval of the project with conditions specified in the staff report. Chair Ford asked for clarification on the green roof requirement. Ms. Jones stated that the inclusion of a green roof is a recommendation for the project, not a condition for approval, and that staff is open to considering other sustainable options such as solar panels on the roof. Chairman Ford asked for questions from the Commission. Commissioner Isaac inquired as to whether or not there will be a landscape agreement with the building east of the proposed project. Mr. DeStefano replied that there is an agreement with that property owner as well as a letter of support for the project. Chair Ford and Commissioner Goddard inquired about LEED certification levels if a green roof is added versus the proposed white roof or regular black roof. Mr. DeStefano replied that the final LEED review for the project had not yet been done so the effect of a green roof cannot be determined at this time. Kevin McHaley, General Contractor with Kinzie Builders, stated that calculations would need to be run; however, he believed that the green roof likely would not raise the certification level. A minimum LEED Silver certification will be obtained regardless of the material on the roof. 301 of 326 APPROVED Page 3 of 4 Plan Commission Minutes 7/13/2016 Commissioner Goddard then asked if there will be parking provided for the proposed restaurant. Mr. DeStefano replied that parking for that use will not be provided. Commissioner Dubin asked if there will be a continuation of the car share memberships after a year has passed or new residential tenants move in. Mr. DeStefano responded that there were no plans to extend or continue providing memberships after the first year. He stated the proximity to the transit station would offer residents an alternative to vehicle use. Commissioner Lewis asked who the intended target of the proposed building will be due to the smaller size of the units. Mr. DeStefano stated that the intention was to offer a product that was higher than vintage market of the surrounding neighborhood but lower than what is on the market downtown. He explained that the development is intended to target all walks of life; however, the lack of amenity space outside of the dwelling units would likely make the building less attractive to students. Commissioner Isaac inquired about the black iron needed for the restaurant. Mr. DeStefano stated that the black iron would be in an enclosed shaft, adjacent to the stairs, and directed up to the building roof. Chairman Ford opened the public hearing for questions from the public. Mimi Roeder, resident, asked where permit parking was being requested as there is only metered parking on Noyes Street. Mr. DeStefano stated that the request for parking permits is for neighboring streets. Alderman Judy Fiske stated that she had spoken with Ricky Voss, Parking and Revenue Manager for the City and as she understood, the “A” residential parking district covers some of the surrounding areas such as Sherman Avenue but not specifically on Noyes Street, so the proposed project would not qualify for on-street residential parking permits. Barbara Janes, resident, asked for clarification on what “industrial finishes” included and if there would be a freight elevator for the building. Mr. DeStefano stated that a freight elevator was not required for this building so it will not be provided. He then stated that industrial finishes refers to items such as towel racks and pipe fittings. Commissioner Lewis asked what the height of the loading area and parking will be. Mr. DeStefano stated that the parking area has a 10 foot ceiling height and the loading area is outside of the parking area with no roof. Commissioner Goddard asked if parking spaces will be committed to each dwelling unit or if residents will lease spaces separately. Mr. DeStefano stated that parking spaces will be leased separately to building residents and they are able to opt out of leasing a parking space. Chairman Ford opened the public hearing for public comment. Mike Tanner, resident, expressed concern of density at the site with 44 units proposed and stated that 60 spaces for bicycle parking and the restaurant will add to 302 of 326 APPROVED Page 4 of 4 Plan Commission Minutes 7/13/2016 parking and traffic issues in the neighborhood and possibly burden amenities such as Tallmadge Park. Darush Mabadi, resident and broker for the property, expressed his support for the project. He stated he believed the scale was in sync with the area, the project will bring multiple new uses to an underutilized site, and a restaurant is ideal at the location and will provide a number of permanent jobs. Jane Evans, resident, stated that she believes there are still unanswered questions. She continued, saying that she does not believe there is opposition to a new development or affordable housing but there are concerns of the project’s density, alley access off of Gaffield Place, and emergency vehicle access. She stated she hopes that traffic calming measures are added in the alley and on Gaffield Place. Mimi Roeder, resident, stated that she believes the development is within the tenor of the neighborhood and thinks the addition of a restaurant and new residents will help with the economics of the existing businesses. She indicated that the only concern she has is the availability of parking after the development is built. Bob Horne, developer, stated that he believes that the project will be a benefit to the surrounding area, using recent TOD development on Central Street as an example. He expressed concern that there will be a financial burden and general negative effect for the project if no on-street residential parking permits will be permitted for building residents. He stated that the residents of the proposed building should have the same benefits as other residents in the area. Mr. DeStefano explained that if the original building was kept, approximately 42 spaces would be provided which would have a greater impact that the 35 proposed. He then stated that he will assist in any needed alley plowing when needed and intends to work with neighbors to implement needed traffic calming measures. Chairman Ford closed the public hearing and stated that the public hearing is continued to the August 10, 2016 Plan Commission meeting. 4. OTHER BUSINESS There was no other business. 5. PUBLIC COMMENT There was no public comment. 6. ADJOURNMENT There being no further discussion, Commissioner Lewis made a motion to adjourn the meeting. Commissioner Goddard seconded the motion. A voice vote was taken and the motion was approved by voice call 5-0. The meeting was adjourned at 8:23 pm. Respectfully Submitted, Meagan Jones Neighborhood and Land Use Planner Community Development Department 303 of 326 For City Council meeting of September 12, 2016 Item PD1 North Downtown Area Planning For Discussion 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: North Downtown Area Planning Date: September 16, 2016 Recommended Action Staff recommends that the City Council direct staff to amend the 2009 Downtown Plan to add five new subareas covering the geographic area roughly between Emerson Street to the south, Foster Street CTA Station to the north, the first north/south alley just west of Sherman Avenue to the east, Maple Avenue to the west and properties on the north side of Emerson Street between Maple Avenue and Ridge Avenue (see attachment). The proposed north downtown subareas would accommodate Transit Oriented Development (TOD) and act as a transition between the downtown core and lower density residential neighborhoods further north of Foster Street and east of Sherman Avenue. A summary of the planning process and detail of staff’s proposal are included below. Livability Benefits Built Environment: Provide compact and complete streets and neighborhoods Background At the February 22, 2016 Planning and Development Committee meeting, committee members identified a potential need for a ‘North Downtown Area’ plan and directed staff to investigate a planning process. Staff conducted preliminary research on the area, including the latest census data, CTA ridership statistics and details on Northwestern University’s Housing Plan, then presented its findings at the April 18, 2016 Planning and Development Committee meeting. The presentation included the recommendation that staff be directed to gather community input on potential amendments to the 2009 Downtown Plan to add a new area north of the existing Downtown Plan boundary. Memorandum 304 of 326 The current Downtown Plan, adopted in February of 2009, provides guidelines for future development within the prescribed downtown boundary. The boundary of the downtown was defined as Emerson/Elgin/Clark Streets on the north, Ridge Avenue on the west, Lake Street on the south and Hinman Avenue on the east. The plan divides the downtown into 13 distinct subareas grouped into four high density core zones, three lower density traditional zones and six mixed use transitional zones on the edges of downtown. Recent developments have been proposed both within and just outside of the downtown boundary which have caused concern regarding future development north of the downtown and overall quality of life for the residents in that area. North Downtown Community Meetings Staff held two community meetings with the goal of obtaining feedback from community residents and stakeholders on what they believe is the appropriate North Downtown Area boundary as well as what uses, development scale and building design and materials would be preferred within that area. Brief overviews of each meeting are below and more detailed summaries are included as attachments. May 18, 2016 Community Meeting The first community meeting focused on gathering feedback for the North Downtown planning boundary and major themes that the community would want the plan to focus. Approximately 75 community residents and stakeholders attended the meeting. The feedback received included recommendations to maintain and enforce existing zoning regulations, maintain existing neighborhood context and density, provide more parking options, accommodate density by transit, aging in place with more affordable housing options and investment in commercial uses. June 15, 2016 Community Meeting The second meeting was attended by approximately 35 residents and community stakeholders. The meeting focused on obtaining preferences on the types of land uses, development scale and building materials/design the community would like to see within the North Downtown Area. As part of roundtable discussions, each table was provided a North Downtown Area map that attendees were able to mark with stickers of varying colors to designate location and density of appropriate types of developments and land uses. Staff also noted the design and building material preferences at each table. Feedback received highlighted the community’s preference for mixed-use buildings having ground floor commercial space and residential units above. The residents also expressed a preference for creating transition zones with lower heights for developments further away from Emerson Street and the transit stop, using masonry materials for more traditional neighborhood businesses along Maple Avenue and Foster Street and limiting more contemporary architecture to the Emerson Street corridor. 305 of 326 Summary of Discussions with Large Property Owners Staff reached out and had conversations with owners or owners’ representatives of large properties in the area north of downtown. Staff talked to the owner’s representative for the shopping center at the northeast corner of Ridge Ave. and Emerson St. Northwestern (Englehart Hall and surface parking lot to north) and an owners’ representative of 831 Emerson Street property. The owner’s representative of the shopping center at Ridge and Emerson noted the plaza is fully leased and has no immediate plans for redevelopment. The owners have been approached about possible redevelopment options, all of which included the properties immediately to the east as part of any redevelopment. The owners agree the property could be redeveloped with a higher density mixed-use development as the current two-story commercial development with a surface parking lot is likely not the highest and best use of the property. Staff met with representatives of Northwestern to discuss their plans for the Englehart Hall site. Englehart Hall is a 10-story graduate student dormitory which primarily provides housing for international students. The parking lot north of Englehart Hall is zoned U1a, University Housing & Parking, and was originally intended to accommodate additional parking for the University. In 2013, Northwestern completed a 10-year Housing Master Plan which calls for renovations to several existing dormitories and the construction of new dormitories. The plan was completed in response to the University’s requirement that all freshman and sophomore students must live in on-campus housing by 2017. As such, the University intends to continue its short-term focus on housing for its undergraduate students and has no immediate plans for any improvements or redevelopment of the Englehart Hall site. However, Northwestern does recognize that the entire site could accommodate a mixed-use development including university housing. Staff also spoke with the owners’ representative of the 831 Emerson property. The two- story commercial building is vacant except for a convenience store. The store has a long- term lease and a desire to remain on site with any redevelopment. The owners of the property intend to sell the property for redevelopment and believe the site, surrounded by residential uses on all sides (a 10-story building to the west, 11-story building to the east and 7-story buildings to the south) is most appropriate for a similar scale mixed-use development with ground floor commercial space and upper-floor residential uses.. Previous attempts to market the property for office development were unsuccessful. A new redevelopment proposal for the site is expected to be received in the near future. Staff Recommendation Based on the feedback received from residents and stakeholders, the trend of recent development, and the increase in demand for housing in close proximity to transit, staff recommends the 2009 Downtown Plan be amended to include five new subareas just north of existing downtown plan boundary. The proposed area to be added to the Downtown Plan is indicated below: 306 of 326 *Note: Subarea A is part of the existing 2009 Downtown Plan The five proposed subareas should address community concerns for reduced density further away from downtown and help define guidelines for appropriate height, density and types of uses in this area. The new subareas will be titled and designated similarly to the subareas of the existing Downtown Plan. Each proposed subarea is summarized below: Subarea Area Description Total Height Range with bonuses N - TOD Area between Maple Avenue and alley west of Sherman Avenue; Emerson Street and Foster Street (including Primm Tower site) New development should have similar heights to the existing 10-story buildings and contain mixed-use TOD developments 66 ft. - 130 ft. (6 – 12 stories) Na - TOD South side of Foster Street to roughly the alley and parking entrance north of Englehart Hall; Maple Avenue to alley west of Sherman Ave. New development should contain mixed-use TOD developments with building heights stepped down from buildings fronting Emerson Street. Additional building height may be permitted when set back from Maple and Foster Streets 42 ft. – 66 ft. (4 – 6 stories) O - Transitional North Side of Emerson Street. between Maple Avenue and Ridge Avenue Stepped down height from buildings south of Emerson Street with mixed-use 66 ft. – 110 ft. (6 – 10 stories) 307 of 326 Staff believes the new subareas will help guide future development on the north side of downtown and address concerns that have been raised through various meetings, discussions and public hearings for recent developments. At the direction of the City Council, staff will draft the Amendment to the 2009 Downtown Plan and will schedule for a Fall 2016 Plan Commission hearing and recommendation before presenting it to Planning & Development Committee and City Council, likely in early 2017. ------------------------------------------------------------------------------------------------------------------------- Attachments Proposed North Downtown Subareas Map Existing 2009 Downtown Master Plan Map North Downtown Planning webpage Summary of May 18 and June 15, 2016 Community Meetings Link to the Downtown Plan development suitable for the east-west thoroughfare directly abutting residential uses to north P – Traditional West side of Maple Avenue, north side of Foster Street Traditional neighborhood business district serving nearby residents and commuters. Density should decrease as development moves away from transit stop 42 ft. – 66 ft. (4 – 6 stories) Q - Transitional South of Emerson Street, north of Elgin Road, east of CTA train tracks, including First Bank Site Similar to the O-Transitional Subarea with stepped down height from buildings south of Emerson Street and west of train tracks. Would have mixed-mixed use development suitable for adjacent thoroughfare 66 ft. – 110 ft. (6 – 10 stories) 308 of 326 Á IÃ IÃ Grove St Lake St ElginRd Clark St Orrington AveJudsonAveDavis St Emerson St Maple AveOrrington AveBenson AveU niversity Pl Church St University Pl Sherman AveHinman AveRidge AveG re e n B ayR d Hamlin St ShermanAveFoster St Chicago AveShermanAveGarnett Pl Oak AveClark St Clark StPratt CtLeon Pl Library Pl Maple AveOak AveSheridan RdShermanAveRidge AveElmwood AveSaintMarksCtE a st R ailr o a d A v e A C B D E F G K G L J H H M I N P O Q Na North Downtown Development Sites Name N Na O P Q Existing Subareas Proposed North Downtown Boundary 2009 Downtown Evanston Boundary 0 275 550137.5 Feet ´ NORTH DOWNTOWN PLANNING 09/12/2016309 of 326 310 of 326 North Downtown Planning Community Meeting – May 18, 2016 In response to concerns about the increased development on the north edge of Downtown Evanston, the Evanston City Council directed staff to start a planning process that would guide new potential development in the neighborhoods north of downtown. Two community meetings were planned to obtain feedback on any quality of life concerns and the appropriate scale of new development in the area. On May 18, 2016, the City of Evanston convened the first of the two community meetings for the north downtown planning area. The meeting was attended by approximately 75 residents, community stakeholders, aldermen and staff. The goal of the first meeting was to gather feedback for the north downtown planning boundary and major themes that the community would want the area plan to focus on. After a brief presentation by staff, attendees were asked to participate in roundtable discussions on the following issues/themes: North Downtown Boundary What land uses and building densities are appropriate for the area? What transit improvements are needed? What improvements to alternative transportation modes are needed? Is there adequate recreational space in the area? What type/amount of affordable housing is needed in the area? What other quality of life issues are present and how can they best be addressed? Discussions at tables touched on topics ranging from zoning enforcement and area density preferences to retail needs and traffic calming. Following a 45-minute discussion, each table formulated a major theme or a recommendation that the north downtown plan should address. The following is a summary of the feedback received: 311 of 326 o Focus density at Foster/Maple (10 stories) with neighborhood–serving retail to support existing retail in downtown Evanston o Keep existing zoning as is and enforce it o Maintain building heights and densities within local neighborhood context o Provide affordable housing with mixed-use shops that provide services to seniors and residents o Maintain local character; 3 floors maximum height limit; provide more parking (including accessible spaces) o Encourage more entertainment options o Enable zoning regulations for parking use in combination with improved housing inspections o Many attendees agreed that North Downtown Boundary should be Maple Avenue on the west, Foster Street on the north, Sherman Avenue on the east and Emerson Street on the south o Provide mixed-use developments with residential on top levels; maintain local neighborhood character and encourage single family ownership o Require taller buildings to have larger setbacks and provide more parking o Provide additional parking options and enhance on-street parking enforcement; o Allow for more single family housing o Add/Improve bike parking & viaduct investments and install traffic calming mechanisms o Allow for density by transit, aging in place, more affordable housing and investment in commercial uses Several tables also drew specific boundary recommendations for the proposed north downtown planning area. Maps showing these proposed boundaries, along with specific roundtable notes, can be viewed on the North Downtown Planning page on the City’s website at www.cityofevanston.org/northdowntownplanning. Next Steps A second Community Meeting will be held on June 15, 2016. Staff will present a summary of the feedback received up to date, present boundary options proposed at the May meeting and seek feedback on development scale, type of uses and building materials/design preferences for new development within the north downtown planning boundary area. 312 of 326 North Downtown Planning Community Meeting – June 15, 2016 In response to concerns about the increased development on the north edge of Downtown Evanston, the Evanston City Council directed staff to start a planning process that would guide new potential development in the neighborhoods north of downtown. Two community meetings were planned to obtain feedback on any quality of life concerns and the appropriate scale of new development in the area. The first meeting was held on May 18, 2016 and focused on gathering input for the north downtown planning boundary and major themes that the community would want the area plan to focus on The second of the two community meetings was held on June 15, 2016. The meeting was attended by approximately 35 residents, community stakeholders, aldermen and staff. Following up on the May meeting, the goal was to share initial feedback gathered and to obtain preferences on the types of uses, development scale and building materials/design the community would like to see in future development. Photo courtesy of Evanston Now After a brief presentation by staff, attendees were asked to participate in roundtable discussions on the following questions: Visual Preference Survey What is the appropriate density and where? What uses would you like to see? What are the appropriate materials? Over the course of the discussions that followed, attendees at each table marked their maps with stickers of varying colors to signify what use they believed would best fit within the proposed boundaries. Then, to address density, stickers were marked with preferred building heights (in number of stories). Staff at each table noted the design preferences and building materials. The finished maps can be viewed on the North Downtown Planning page on the City’s website at www.cityofevanston.org/northdowntownplanning. 313 of 326 The following is a summary of the feedback received during the discussions: o Keep existing zoning “as-is” north of Foster Street o Maintain existing residential areas o Create transition zones o Provide height variations and setbacks o Lower heights as you move further north and away from transit o 8-9 floors maximum height along Emerson, some setback from Garnett Place o 4 floors maximum height in area o Podium building design appropriate along Maple Avenue o Similar density to Central Street o A small neighborhood grocery like D&D is needed o Institutional uses: doctors’ offices, hospital, low-income housing, children’s home, uses that assist “aging in place”, o Mixed-use appropriate along Emerson o Retail, offices uses along Foster from Maple to Sherman o Foster possibly too narrow for commercial o Pocket greenspace open to public on the NU property o Neighborhood context should include more traditional look and materials o Contemporary design appropriate along Emerson. Keep some brick at street level o Keep brick and wood frame near Maple Avenue & Foster Street o Use environmentally friendly materials o Use Modulated fenestration o More traditional brick buildings with punched windows in facade Next Steps Staff will be presenting its findings and meeting summaries at the July 25, 2016 Planning and Development Committee meeting. At that time, staff will seek guidance on any next steps in the North Downtown Planning process. 314 of 326 For City Council meeting of September 26, 2016 Item O1 Ordinance 107-O-16, Consolidation of Sign Review and Appeals Board into Design and Project Review Committee For Action To: Honorable Mayor and Members of the City Council From: Mark Muenzer, Director of Community Development Damir Latinovic, Planning and Zoning Administrator Gary Gerdes, Building and Inspection Services Manager Subject: Ordinance 107-O-16 DAPR-SRAB Consolidation Date: September 13, 2016 Recommended Action: City staff recommends approval of Ordinance 107-O-16 to consolidate the powers and duties of the Sign Review and Appeals Board (SRAB) into the powers and duties of the Design and Project Review Committee (DAPR). The ordinance also eliminates the SRAB. Livability Benefits: Built Environment: Enhance public spaces, Provide compact and complete streets and neighborhoods Economy & Jobs: Expand job opportunities Background DAPR reviews all exterior private developments (except single-family and two-family projects) prior to issuance of the building permit. The Committee also reviews and provides a recommendation to the Zoning Board of Appeals (ZBA) and Plan Commission (PC) on projects required to go through a special land use entitlement process, as well as recommendations to the SRAB. At its May 16, 2016 meeting, the Rules Committee approved the proposed consolidation of SRAB powers and duties to DAPR. The City’s Sign regulations define the purpose, powers and duties of the SRAB. These powers will now be incorporated into DAPR review. Of note, since DAPR has been in existence (November 8, 2014) almost all SRAB cases reviewed by DAPR have also been approved by the SRAB. This consolidation will allow businesses an expedited City review process. The following cases would now be reviewed by DAPR if approved by City Council: • Sign Variation applications • Unified Business Center (UBC) signage applications, and Memorandum 315 of 326 • Appeals from the Sign Administrator All decisions of the SRAB may currently be appealed to the Planning & Development Committee by applicant. All future sign decisions made by DAPR will also be able to be appealed to P&D. Proposal Ordinance 107-O-16 incorporates three items currently under the purview of SRAB under powers and duties of DAPR committee and eliminates SRAB from the Sign Ordinance. There are no other changes to DAPR or Sign Regulations. Attachments Ordinance 107-O-16 316 of 326 9/1/2016 107-O-16 AN ORDINANCE Consolidating the City of Evanston Sign Review and Appeals Board into the City of Evanston Design and Project Review Committee SECTION 1: City Code Section 4-14-1 of the Evanston City Code of 2012, as amended (the “City Code”), is hereby further amended to read as follows: 4-14-1. - STATEMENT OF PURPOSE. (A) Objective. Design and project review is a procedure for the review of proposed developments or redevelopments to ensure they are compatible with adjacent development by taking into account the relationship of the new development to its surroundings with review and discussion by members of City staff and community members from various disciplines. Design and project review also includes sign review. (B) Address Details Not Covered. The purpose of design and project review is to go beyond the basic zoning requirements and to deal with the site details on which zoning and other codes are silent. Design and project review is not a substitute for zoning. (C) Elements Examined. In carrying out the purpose of Design and Project Review, the following are examples of elements which are examined: 1. Parking arrangement. 2. Circulation. 3. Traffic access. 4. Building location on the site. 5. Landscaping. 6. Signage. 7. Drainage. 8. Exterior building design and materials. 9. Emergency phone structure, as defined in City Code Section 6-18-3. (D) Authority Limited. Design and project review does not have any authority to determine land use and in certain circumstances acts as a recommending body to the Zoning Board of Appeals and/or the Plan Commission. (E) Result of Review Process. In addition to upgrading site development planning, the City hopes to create a process which will expedite the review of development proposals through providing a coordinated staff review. (F) Authority Related to Sign Regulations. The design and project review committee is also vested with the following jurisdiction and authority: 317 of 326 107-O-16 ~2~ 1. Sign Administrator Appeals. The design and project review committee will hear all appeals from any order, requirement, decision, determination, or interpretation of the Sign Administrator acting within the authority vested from Title 4, Chapter 10 of the Evanston City Code, “Sign Regulations,” and make written findings and decisions for the disposition of such appeals. For this subsection only, the design and project review committee will exclusively follow the procedures set forth in City Code Section 4-10-15, “Appeals.” 2. Sign Variations. The design and project review committee will hear all petitions for variations from the provisions of Title 4, Chapter 10 of the Evanston City Code, “Sign Regulations,” make written findings, and approve, modify, approve with conditions or deny such petitions for variations. For this subsection only, the design and project review committee will exclusively follow the procedures set forth in City Code Section 4-10-16, “Variations.” 3. Unified Business Center Signage. The design and project review committee shall hear all requests for the establishment or amendment of comprehensive sign plans for unified business centers, make written findings, and approve, modify, approve with conditions or deny such requests. For this subsection only, the design and project review committee will exclusively follow the procedures set forth in City Code Section 4-10-17, “Unified Business Centers.” SECTION 2: City Code Section 4-10-14 of the Evanston City Code of 2012, as amended (the “City Code”), is hereby deleted in its entirety and shall read as follows: 4-10-14. – SIGN REVIEW AND APPEALS. The Design and Project Review committee, as set forth in Title 4, Chapter 14, “Design and Project Review (DAPR),” of the Evanston City Code, is vested with the jurisdiction and authority: (A) Sign Administrator Appeals. The Design and Project Review committee shall hear all appeals from any order, requirement, decision, determination, or interpretation of the Sign Administrator acting within the authority vested from this Chapter and make written findings and decisions for the disposition of such appeals. (B) Sign Variations. The Design and Project Review committee shall hear all petitions for variations from the provisions of this Chapter, make written findings, and approve, modify, approve with conditions or deny such petitions for sign variations. (C) Unified Business Center Signage. The Design and Project Review committee shall hear all requests for the establishment or amendment of comprehensive 318 of 326 107-O-16 ~3~ sign plans for unified business centers, make written findings, and approve, modify, approve with conditions or deny such requests. SECTION 3: City Code Section 4-10-15 of the Evanston City Code of 2012, as amended (the “City Code”), is hereby further amended to read as follows: 4-10-15. – SIGN ADMINISTRATOR APPEALS. (A) Notification to Aggrieved Party. It shall be the responsibility of the Sign Administrator to provide written notification to the aggrieved party of an action denying a permit. Said notice shall include the following: 1. The date and specific reason for denial of the permit. 2. All forms and procedures required for filing an appeal. (B) Petition for Appeal. An appeal may be taken to the Sign Review and Appeals BoardDesign and Project Review committee by any person aggrieved by an order, requirement, decision, determination, or interpretation of the Sign Administrator acting with respect to the authority of this Chapter. 1. Application Deadline. An appeal shall be filed within forty five (45) working days after notification of the alleged erroneous order, requirement, decision, determination, or interpretation. 2. Application Form. An appeal shall be filed in writing with the Sign Administrator on a form supplied by him/her. It shall be accompanied by such documents and information as the BoardDesign and Project Review committee may by rule require. 3. Filing Fee. Each appeal to the BoardDesign and Project Review committee shall be accompanied by a filing fee as established by ordinance. If the appeal is granted by the BoardDesign and Project Review committee, the filing fee shall be refunded to the applicant. (C) Transmittal of Record. The Sign Administrator shall, at the time of filing an appeal, forthwith transmit to the Sign Review and Appeals BoardDesign and Project Review committee all of the documents constituting the record upon which the action appealed from was taken. (D) Effect of Appeal. The appeal shall stay all proceedings in furtherance of the action appealed from, unless the Sign Administrator certifies to the Sign Review and Appeals BoardDesign and Project Review committee after the appeal has been filed that, by reason of the facts stated in the application, a stay would in the Sign Administrator's opinion cause imminent peril to life or property. In such case, the proceeding shall not be stayed unless a restraining order is issued by a court of competent jurisdiction, and then only if due cause can be conclusively shown. (E) Action of the BoardDesign and Project Review committee. The Sign Review and Appeals BoardDesign and Project Review committee shall hold a public hearing on an appeal within thirty (30) days of receipt of a completed written application. 1. Hearing Notice. Notice shall be given of the time, place, and purpose of the public hearing by posting on the premises which is the subject of the 319 of 326 107-O-16 ~4~ hearing a notification sign which meets the following standards: a. The sign shall be a minimum of twenty inches by thirty inches (20" × 30"). b. All capital lettering on the sign shall be a minimum of three inches (3") high and the colors utilized shall provide suitable contrast for readability from the adjacent public street. c. The sign shall contain: the title "PUBLIC NOTICE" at the top; a statement of the purpose of the hearing; the date, time and place of the hearing; and reference that the hearing is before the Evanston Sign Review and Appeals BoardDesign and Project Review committee. d. The sign shall be placed near the front door of the premises, or as required, to be fully visible from the public street on which the premises is located. If the premises has frontage on more than one public street a separate sign shall be required for each frontage. e. The sign shall be posted not less than seven (7) days before the hearing to which it refers. It shall be removed within five (5) days after the final decision of the Sign Review and Appeals BoardDesign and Project Review committee on the petition. 2. Required Attendance. Both the aggrieved petitioner and the Sign Administrator or their authorized representatives shall attend the meetings of the BoardDesign and Project Review committee at which the appeal is to be heard. 3. Decision. Within fifteen (15) working days of the close of the required public hearing of the appeal, the BoardDesign and Project Review committee shall prepare and submit written findings, and by a majority vote, issue a decision to grant, deny, wholly or in part, or modify said appeal. (F) Council Action. Following receipt of the findings and decision of the Board the Planning and Development Committee of the City Council may choose to review the decision of the Board and on the basis of the record may affirm, modify or reverse the decision of the Board. If no motion to review a Board decision is made and adopted at the Planning and Development Committee meeting following the receipt of the findings and decision of the Board, that decision of the Board shall be final. (G) Maintenance of Records. The Sign Administrator shall maintain complete records of all findings and decisions of the Sign Review and Appeals BoardDesign and Project Review committee and all determinations of the City Council relative to an appeal. All such records shall be open to the public for inspection. SECTION 4: City Code Section 4-10-16 of the Evanston City Code of 2012, as amended (the “City Code”), is hereby further amended to read as follows: 4-10-16. - VARIATIONS. It is the intent of this Section to permit variations from the requirements of this Chapter if 320 of 326 107-O-16 ~5~ necessary to achieve uniformity among signs similarly located and classified. (A) Petition for Variation. A petition for a variation from any provision(s) of this Chapter may be made by any person having a proprietary interest in the sign for which such variation is requested. 1. Petition Contents. A petition for variation shall be filed in writing with the Sign Administrator on a form supplied by him/her and shall be accompanied by such documents and information as are necessary to clearly exhibit the practical difficulty for which the variation is necessary, including: a. The name, address, and telephone number of the petitioner, the owner of the property on which the sign is to be erected or affixed, the owner of the sign, and the person responsible for erecting or affixing the sign. b. A description of the requested variation. c. Justification of the requested variation. d. The location of the premises on which the sign is to be erected or affixed. e. A site plan of the premises involved, showing accurate placement thereon of the proposed sign. f. A blueprint or ink drawing of the plans and specifications of the sign to be erected or affixed and method of construction and attachment to the building or in the ground. Such plans and specifications shall include details of dimensions, materials, color, and weight. g. The written consent of the owner of the premises on which the sign is to be erected or affixed. h. A fee, as determined by ordinance, to be paid at the time of filing of the petition for variation. (B) Action of the BoardDesign and Project Review committee. The Sign Review and Appeals BoardDesign and Project Review committee shall hold a public hearing on the petition for variation within thirty (30) days of receipt of a completed written application. 1. Hearing Notice. Notice shall be given of the time, place and purpose of the public hearing by posting on the premises which is the subject of the hearing a notification sign which meets the following standards: a. The sign shall be a minimum of twenty inches by thirty inches (20" × 30"). b. All capital lettering on the sign shall be a minimum of three inches (3") high and the colors utilized shall provide suitable contrast for readability from the adjacent public street. c. The sign shall contain: the title "PUBLIC NOTICE" at the top; a statement of the purpose of the hearing; the date, time and place of the hearing; and reference that the hearing is before the Evanston Sign Review and Appeals BoardDesign and Project Review committee. d. The sign shall be placed near the front door of the premises, or as 321 of 326 107-O-16 ~6~ required, to be fully visible from the public street on which the premises is located. If the premises has frontage on more than one public street a separate sign shall be required for each frontage. e. It shall be the responsibility of the petitioner to remove the sign(s) within five (5) days after the final decision of the Sign Review and Appeals BoardDesign and Project Review committee on the petition. 2. Required Attendance. Both the aggrieved petitioner and the Sign Administrator or their authorized representatives shall attend the meetings of the BoardDesign and Project Review committee at which the variation is to be heard. 3. Decision. Within fifteen (15) working days of the close of the required public hearing on the variation, the BoardDesign and Project Review committee shall prepare and submit written findings, and by a majority vote, issue a decision to grant, deny, wholly or in part, or modify said variation. (C) Appeals from Sign Variation Decisions of Sign Review and Appeals Boardthe Design and Project Review committee. 1. Decisions of the Sign Review and Appeals BoardDesign and Project Review committee related to sign variations may be appealed to Planning and Development Committee by applicant. 2. a. If the sign which is the subject of the variation is located in a residential Zoning District, a property owner whose property is within a two hundred fifty foot (250') radius from the property on which the sign is proposed to be located may appeal the Sign Review and Appeals BoardDesign and Project Review committee's approval of the variation. Such an appeal may be filed only by a property owner who: 1) appeared in person or by an authorized representative at all public hearings at which the variation was considered and who presented his/her objections to the Sign Review and Appeals BoardDesign and Project Review committee, or 2) who filed written objections with the Sign Review and Appeals BoardDesign and Project Review committee to the variation. b. The sign variation appeal must: 1) Be filed with the Sign Administrator, within ten (10) calendar days from the date of the Sign Review and Appeals BoardDesign and Project Review committee's written decision of the sign variation; 2) Be in writing; and 3) Specify with particularity the ground(s) for objection. The applicant is permitted to file a written response to any ground(s) asserted in the appeal but not raised before the Sign Review and Appeals BoardDesign and Project Review committee. c. Within five (5) working days of receiving the appeal, the Sign Administrator shall send a copy of the appeal to the applicant by first-class mail, return receipt requested. Any response the 322 of 326 107-O-16 ~7~ applicant files must be received by the Sign Administrator within ten (10) working days of the date the appeal was mailed to the applicant. The Sign Administrator will send a copy of any response to the appellant property owner. d. After receiving the appeal and any response thereto, the Sign Administrator shall set the appeal for the next available regular Planning and Development Committee meeting and notify the applicant and appellant property owner in writing of the meeting date. 3. The Planning and Development Committee shall decide whether or not to hear the sign variation appeal, and if granted, set a hearing date for said appeal. A decision to not hear the appeal shall be in writing and shall be issued no later than the Committee's next regular meeting. 4. The hearing shall be confined to a review of the Sign Review and Appeals BoardDesign and Project Review committee's sign variation decision, and, if applicable, of the written objections submitted by the appellant property owner and response(s) thereto filed by the applicant. No verbal presentations shall be heard except upon invitation by the Committee and any such presentation shall be confined to facts and matters contained in the written materials on file in the appeal. (D) The Planning and Development Committee shall either approve, approve with conditions, deny the application, or refer the matter back to the Sign Review and Appeals BoardDesign and Project Review committee for further proceedings. The Committee's decision shall be in writing and shall be issued no later than the next regular meeting after the decision is made. (E) Standards. Variations may be approved to overcome an exceptional condition which poses practical difficulty or particular hardship in such a way as to prevent the display of a sign as intended by this Chapter. No variation shall be granted unless the BoardDesign and Project Review committee makes findings of fact with regards to each of the following standards: 1. Hardship. The proposed variation will alleviate some demonstrable and unusual hardship that arises due to factors including, but not limited to, location, site configuration, and/or building configuration. 2. Reasonable Return. The proposed variation will contribute to a reasonable return from the business advertised. 3. Not Harm Public Welfare. The proposed variation will not be materially detrimental to the public welfare. 4. Consistent with Intent. The proposed variation promotes the purpose of the Sign Regulations set forth in Section 2 of this Chapter. (F) Conditions. Such conditions and restrictions may be imposed on the premises to be benefited by a variation as may be necessary to comply with the standards set forth herein, to reduce or minimize any injurious effect of such variation on other property in the neighborhood, and to implement the general intent, purpose, and objectives of this Chapter. (G) Revocation. In any case where a variation has been granted, and where no work pertinent thereto has been initiated within one year from the date of approval of 323 of 326 107-O-16 ~8~ the requested variation, then without further action by the Sign Review and Appeals BoardDesign and Project Review committee, said variation shall become null and void. (H) Maintenance of Records. The Sign Administrator shall maintain complete records of all findings of fact and decisions of the Sign Review and Appeals BoardDesign and Project Review committee relative to a variation. All such records shall be open to the public for inspection. SECTION 5: City Code Section 4-10-17 of the Evanston City Code of 2012, as amended (the “City Code”), is hereby further amended to read as follows: 4-10-17. - UNIFIED BUSINESS CENTER. No permit shall be issued for a sign to be located in a unified business center until a comprehensive sign plan has been approved for the center and the sign complies with the provisions hereof. (A) Comprehensive Sign Plan Approval. Approval of a comprehensive sign plan for a unified business center shall be at the discretion of the Sign Review and Appeals BoardDesign and Project Review committee in accordance with the criteria noted herein. (B) Site Plan Review. No permit shall be issued for a sign, and no final approval shall be granted for a comprehensive sign plan prior to review and approval by the Site Plan Review CommitteeDesign and Project Review committee of all comprehensive sign plans. The Site Plan Review Committee shall forward to the Sign Review and Appeals Board its recommendations for approval, denial or modification of the proposed comprehensive sign plan. (C) Application Content. In addition to the requirements listed for permit applications in subsection 11(C)of this Chapter, the application for a comprehensive sign plan for a unified business center shall include a format for all signs to be used in the center, including their maximum size, color, location, illumination details, lettering type, mounting details, and (if any) landscaping details. (D) Criteria. The criteria used by the Sign Review and Appeals BoardDesign and Project Review committee in its review of the proposed comprehensive sign plan for a unified business center shall include: 1. Scale and Proportion. Every sign shall have good scale and proportion in its design and in its visual relationship to the other signs, buildings and surroundings. 2. Integral Elements. The signs in the plan shall be designed as integral architectural elements of the building and site to which they principally relate and shall not appear as incongruous "add-ons" or intrusions. 3. Restraint and Harmony. The colors, materials and lighting of every sign shall be restrained and harmonious with the building and site to which it principally relates. 4. Effective Composition. The number of graphic elements and letters shall 324 of 326 107-O-16 ~9~ be held to the minimum needed to convey each sign's message and shall be composed in proportion to the area of the sign's face. 5. Compatibility. Each sign shall be compatible with signs on adjoining premises and shall not compete for attention. 6. Unified Image. The effect of the signs proposed in the plan shall be the establishment of a unified image for the center. (E) Permitted Variations. In conjunction with the approval of the comprehensive sign plan for a unified business center, the Sign Review and Appeals BoardDesign and Project Review committee may authorize limited variations to the regulations included in this Chapter. Such variations shall be permitted only when the applicant demonstrates that they are necessary to provide an improved comprehensive solution that is consistent with the purpose of this Chapter as found in Section 4-10-2 of this Chapter. The variations permitted are limited to the following: 1. Wall Signs. For wall signs the Sign Review and Appeals BoardDesign and Project Review committee may vary the required twenty percent (20%) reduction on multiple signs and the requirement that signs be coterminous with the occupancy to which the signs refer. 2. Freestanding Signs. For freestanding signs the Sign Review and Appeals BoardDesign and Project Review committee may vary the thirty foot (30') facade setback requirement, the height limitations up to the maximum of fifteen and one-half feet (15.5') or the height of the principal building to which the sign pertains (whichever is lower), and the area limitations up to the maximum of one hundred twenty (120) square feet per sign (as long as the total permitted sign surface area for either the occupant or the premises is not exceeded). SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: If any provision of this Ordinance 107-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 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 will be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. 325 of 326 107-O-16 ~10~ SECTION 9: This Ordinance 107-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 326 of 326