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Home My WebLink About01.25.16 Packet CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, January 25, 2016 Administration & Public Works (A&PW) Committee meets at 6 p.m. Planning & Development Committee (P&D) meets at 7:15 p.m. City Council meeting will convene after conclusion of the P&D meeting. ORDER OF BUSINESS (I) Roll Call – Begin with Alderman Fiske (II) Mayor Public Announcements and Proclamations Black History Month – February 2016 (III) City Manager Public Announcements Evanston Animal Shelter Association “Tails in Bloom” Gala, February 6, 2016 (IV) Communications: City Clerk (V) Public Comment Members of the public are welcome to speak at City Council meetings. As part of the Council agenda, a period for public comments shall be offered at the commencement of each regular Council meeting. Those wishing to speak should sign their name and the agenda item or non- agenda topic to be addressed on a designated participation sheet. If there are five or fewer speakers, fifteen minutes shall be provided for Public Comment. If there are more than five speakers, a period of forty-five minutes shall be provided for all comment, and no individual shall speak longer than three minutes. The Mayor will allocate time among the speakers to ensure that Public Comment does not exceed forty-five minutes. The business of the City Council shall commence forty-five minutes after the beginning of Public Comment. Aldermen do not respond during Public Comment. Public Comment is intended to foster dialogue in a respectful and civil manner. Public comments are requested to be made with these guidelines in mind. (VI) Consent Agenda: Alderman Rainey (VII) Report of the Standing Committees Administration & Public Works - Alderman Miller Planning & Development - Alderman Tendam Human Services - Alderman Braithwaite 1 of 359 City Council Agenda January 25, 2016 Page 2 of 7 (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 January 11, 2016 For Action ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through January 10, 2016 $2,727,586.14 (A2) FY2015 City of Evanston Bills – January 26, 2016 $1,420,590.37 FY2016 City of Evanston Bills – January 26, 2016 $2,295,645.63 For Action (A3.1) Approval of Sole Source Purchase of 30 Taser Units from Taser International Staff recommends City council authorize the purchase of 30 Taser X26P Conducted Electrical Weapons (CEW) along with 30 TASER Cam HD Recorders (CEW power source), 25 Blackhawk X26P TASER holsters, and 60 21-foot field use cartridges. TASER International (17800 N 85th St, Scottsdale, AZ) is the manufacturer and sole source provider of the CEW. The total estimated purchase price is $60,072.65. Funding is provided by funds available in reserve account #100.41340 (Reserve – Narcotics Seizures), which has a balance of $253,660.49 as of December 31, 2015. For Action (A3.2) Approval of Tennis Instruction Contract Renewal with E-Town Tennis, Inc. Staff recommends that City Council authorize the City Manager to execute the two (2) year renewal option with E Town Tennis, Inc. (320 S. Butterfield Road, Libertyville, IL) to provide tennis instruction for the Recreation Division’s youth and adult tennis programs. The Agreement is effective from January 31, 2016 through December 31, 2017. Funding is budgeted in account 100.30.3035.62505 and revenues vary depending on program registration. All expenses for the program are covered by participation fees For Action 2 of 359 City Council Agenda January 25, 2016 Page 3 of 7 (A3.3) Approval of 2016 CIPP Sewer Rehabilitation Contract A with Insituform Technologies USA, LLC (Bid16-02) Staff recommends that City Council authorize the City Manager to execute a contract for the 2016 CIPP Sewer Rehabilitation Contract A with Insituform Technologies USA, LLC (17988 Edison Avenue, Chesterfield, MO) in the amount of $192,026.30. Funding is from Sewer Fund, Account 515.40.4535.62461, which has a FY 2016 budget of $665,000. For Action (A3.4) Approval of Accela (PAL) Maintenance and Support Contract Renewal Staff recommends the City Council authorize the City Manager to execute a renewal of the existing agreement with Accela Inc. (2633 Camino Ramon, San Ramon, CA). This is the final renewal year of the City’s 10 year contract in the amount of $128,362.82. This software provides support for City licensing and permitting activities in several departments. This renewal agreement will cover the period of March 15, 2016 through March 14, 2017. Funding is provided from the Computer Licensing and Support account (100.19.1932.62340) with a FY2016 Budget $437,000 For Action (A3.5) Approval of Auditing Services Four Year Contract with Sikich, LLP Staff recommends that City Council authorize the City Manager to execute a four-year contract for auditing services with Sikich, LLP (1415 West Diehl Road, Suite 400 Naperville IL) in the amount of $348,287 with a first year cost of $83,251. Staff also recommends that Council approve up to $10,000 for additional services in completing the Comprehensive Annual Financial Report (CAFR). Funding in the amount of $100,000 is budgeted in the General Fund (100.15.1570.62110) for the first year of the auditing services in FY 2016. For Action (A4) Resolution 2-R-16, Easement Agreement with 1571 Maple Avenue, LLC Staff recommends that the City Council adopt Resolution 2-R-16 authorizing the City Manager to execute an easement agreement between the City and 1571 Maple Avenue, LLC. 1571 Maple Avenue, LLC has requested an easement agreement for the construction of concrete caissons to serve as structural support for the mixed use building to be constructed at 1571 Maple Avenue. The caissons will be below the surface of the City right-of-way property on the south side of Davis Street and the west side of Elmwood Avenue. For Action (A5) Resolution 10-R-16: Appointment of Eleanor Revelle as 7th Ward Alderman Recommend appointment of Eleanor Revelle as the 7th Ward Alderman for the remainder of the term for the 79th City Council. For Action 3 of 359 City Council Agenda January 25, 2016 Page 4 of 7 (A6) Resolution 6-R-16, Approving Settlement with Advanced Disposal Staff recommends City Council adoption of Resolution 6-R-16. In 2010 and 2011, the City adopted ordinances imposing a $2.00 per ton fee on waste transferred through the waste transfer station (the “WTS”) located at 1711 Church Street. The WTS was operated by Veolia Waste Management, now known as Advanced Disposal Services (“Advanced”). In December 2011, Veolia/Advanced sued the City in Cook County Circuit Court. Under the recommended settlement, the City keeps all WTS fees paid ($1,263,247.90) since 2011. The Cook County case will be dismissed. For Action (A7) Resolution 7-R-16, Approving Host Agreement with Advanced Disposal Staff recommends City Council adoption of Resolution 7-R-16. The recommended Host Community Agreement (“HCA”) will substantially improve the City’s relationship with Advanced and still permit the City to collect a $0.75 per ton host fee from Advanced for waste transferred through the WTS. This host fee will take effect on January 1, 2017. For Action (A8) Ordinance 8-O-16, Repeal of Prior Waste Transfer Station Fee Ordinances and Enacting Host Community Fee with Advanced Disposal Staff recommends City Council adoption of Ordinance 8-O-16. The City and Advanced negotiated the terms of a Host Community Agreement (Agenda Item A8) to improve operations at the transfer station. As a condition of the settlement of all claims and litigation, the City must repeal ordinances 82-O-10 and 68-O-11. For Introduction (A9) Ordinance 1-O-16, Increasing the Number of Class D Liquor Licenses for The Boiling Point, Inc. d/b/a Peppercorns Kitchen, 620 Davis Street Local Liquor Commissioner recommends City Council adoption of Ordinance 1- O-16, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of authorized Class D liquor licenses from forty-nine (49) to fifty (50), and permit issuance of a Class D license to The Boiling Point, Inc. d/b/a Peppercorns Kitchen (“Company”), 620 Davis Street. This ordinance was introduced at the January 11, 2016 City Council meeting. For Action (A10) Ordinance 2-O-16, Increasing the Number of Class D Liquor Licenses for Beeyoo Properties, LLC d/b/a La Cocinita, 1625 Chicago Avenue Local Liquor Commissioner recommends City Council adoption of Ordinance 2- O-16, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of authorized Class D liquor licenses from fifty (50) to fifty-one (51), and permit issuance of a Class D license to Beeyoo Properties, LLC d/b/a La Cocinita (“Company”), 1625 Chicago Avenue. This ordinance was introduced at the January 11, 2016 City Council meeting. For Action 4 of 359 City Council Agenda January 25, 2016 Page 5 of 7 (A11) Ordinance 162-O-15, 30-Day Grace Period for the Evanston Wheel Tax and Renewal Deadline Change to December 31 Staff recommends that the City Council adopt Ordinance 162-O-15, which amends Section 10-8-1 of the Evanston City Code of 2012, which states that motor vehicles registered or required to be registered with the Secretary of State to an Evanston address, must be licensed by paying an annual wheel tax. Ordinance 162-O-15 establishes a 30-day grace period for payment of the annual wheel tax. This ordinance was introduced at the January 11, 2016 City Council meeting. For Action PLANNING & DEVELOPMENT COMMITTEE (P1) Approval of Contract Renewal with Open Communities for 2016 Landlord Tenant Program The Housing and Homelessness Commission and staff recommend approval of a $37,500 renewal grant to Open Communities to continue the Evanston Landlord Tenant Program. The City has partnered with Open Communities to provide tenant landlord services to Evanston residents and property owners since August 1, 2011. This renewal grant would fund the continuation of services from January 1 through December 31, 2016. Funding is provided by the City’s Affordable Housing Fund, 250.21.5465.62490. For Action (P2) Ordinance 11-O-16, Amendment to Ordinance 119-O-15 to Alter the Approved Building Location for a 70’ Concrete Plant Enclosure for Ozinga RMC at 2525 Oakton Street City staff recommends adoption of Ordinance 11-O-16 to modify the location of the previously approved 70’ high concrete plant building where a maximum height of 60’ is allowed in the I3 General Industrial District (Major Variation approved on September 21, 2015) for Ozinga RMC at 2525 Oakton Street. City staff found the revised proposal meets all standards for variations. For Introduction (P3) Ordinance 10-O-16, Granting a Special Use for a Baseball Scoreboard at Rocky Miller Park and a Softball Scoreboard at Sharon Drysdale Field at 1501 Central Street The Zoning Board of Appeals and City staff recommend adoption of Ordinance 10-O-16 granting special use approval for a baseball scoreboard at Rocky Miller Park and a softball scoreboard at Sharon Drysdale Field for Northwestern University at 1501 Central Street. The applicant has complied with all zoning requirements, and meets all of the standards for a special use in the U2 University Athletic Facilities District. For Introduction 5 of 359 City Council Agenda January 25, 2016 Page 6 of 7 (P4) Ordinance 6-O-16 Granting Major Zoning Relief to Convert 44 Rooming House Units to Dwelling Units with No Additional Parking at 860 Hinman Avenue The Zoning Board of Appeals and City staff recommend approval of Ordinance 6- O-16 granting major zoning relief to convert 44 rooming house units into dwelling units at 860 Hinman Avenue. Staff recommends an additional condition that would allow the building’s trash dumpsters to occupy two on-site parking spaces until August of 2017 providing clear access in the alley during construction of 835 Chicago Planned Development. By August 2017, the applicant shall either find a legal on-site location for the dumpsters or apply for a parking variation for the permanent loss of two parking spaces to keep the dumpsters in their current location. Following the recommendation of the P&D Committee on January 11, 2016, the above condition is now included in Ordinance 6-O-16. This ordinance was introduced at the City Council meeting on January 11, 2016. . For Action (P5) Ordinance 154-O-15, Zoning Ordinance Text Amendment – Addition of Rentals to the Automobile and Recreational Vehicle Sales Use The Plan Commission and staff recommend City Council adoption of the Zoning Ordinance Text Amendment to classify automobile and/or truck rental uses under Automobile and Recreational Vehicle Sales Use instead of Retail Service Establishments by updating the term “Automobile” to “Motor Vehicle” and adding “Rental” to the use name. Following the recommendation of the P&D Committee on January 11, 2016, the proposal was amended to allow the proposed Motor Vehicle and Recreation Vehicle Sales and/or Rental use only in I2 Zoning District and eliminate the existing Automobile and Recreational Vehicle Sales use from the C2 Zoning District. This ordinance was introduced at the City Council meeting on January 11, 2016. . For Action RULES COMMITTEE (O1) Resolution 8-R-16, Proposed Revisions to City Council Rule 9.2, 9.5, 16.4 and Deletion of Section 24 Rules Committee and staff recommend City Council adoption of Resolution 8-R- 16 revising Council Rules 9.2, and 9.5, which revise the meeting times for the Rules Committee and Humans Services Committee. Rule 16.4 is revised and Section 24 is deleted due to the Township dissolution. For Action 6 of 359 City Council Agenda January 25, 2016 Page 7 of 7 (O2) Resolution 9-R-16.Dissolving the City-Chamber Liaison Committee and Repealing Resolution 25-R-93 Rules Committee and staff recommend City Council adoption of Resolution 9-R- 16. On January 4, 2016, the Rules Committee recommended the City-Chamber Liaison Committee be dissolved. For Action MEETINGS SCHEDULED THROUGH MARCH 2016 Upcoming Aldermanic Committee Meetings Wed, Jan 27 6 pm Transportation/Parking Committee Wed, Jan 27 7:30 pm Economic Development Committee Wed, Jan 28 5:30 pm Emergency Telephone Board Mon, Feb 1 6 pm Human Services Committee Thurs, Feb 4 7 pm Housing & Homelessness Commission Mon, Feb 8 6 pm A&PW, P&D, City Council meetings Tues, Feb 16 7 pm Housing & Community Dev Act Committee Wed, Feb 17 6:30 pm M/W/EBE Advisory Committee Mon, Feb 22 6 pm A&PW, P&D, City Council meetings Wed, Feb 24 6 pm Transportation/Parking Committee Wed, Feb 24 7:30 pm Economic Development Committee Information is available about Evanston City Council meetings at: www.cityofevanston.org/citycouncil. Questions can be directed to the City Manager’s Office at 847-866-2936. The City is committed to ensuring accessibility for all citizens. If an accommodation is needed to participate in this meeting, please contact the City Manager’s Office 48 hours in advance so that arrangements can be made for the accommodation if possible. 7 of 359 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, January 11, 2016 7:45 pm Roll Call Alderman Rainey Alderman Fiske Alderman Braithwaite Alderman Wynne Alderman Wilson Alderman Holmes Alderman Tendam Absent: Alderman Miller Presiding: Mayor Elizabeth B. Tisdahl Mayor Tisdahl called the Regular Meeting of the City Council to order at 7:45 pm, after the Roll Call determined a quorum was represented. Mayor Public Announcements and Proclamations: • Presentation to Andre Wallace, 2016 Recipient of the Human Relations Committee Scholarship Mr. Andre Wallace was presented with a scholarship of $1000.00 from the First Bank & Trust of Evanston. There were many applicants, but the essay written by Mr. Wallace put him at the top. Stephanie Murray gave a brief background and reason why Mr. Wallace was proudly chosen. (Mayor Tisdahl, Mr. & Mrs. Wallace, Andre Wallace, Andre’s sister, Rep from First Bank & Trust of Evanston, and Ms. Stephanie Murray stood to take a few photos.) • Mayors’ Compact: Next Steps on Climate Action Catherine Hurley, Sustainability Programs Manager, gave a brief presentation. (Alderman Rainey and Mayor Tisdahl thanked Catherine Hurley for all her hard work throughout the years.) City Manager Public Announcements • Promotion of Sergeant Steve Goldenberg to Police Commander, which occurred on December 23, 2015. Chief Eddington gave a brief background of Commander Goldenberg. • Promotion of Officer Charlotte Hart to Police Sergeant which occurred on December 23, 2015. Chief Eddington gave a brief background of Sergeant Hart. • Chief Eddington also spoke on the retirement of Commander Hearts-Glass. She will take over as the Director of Public Safety at Malcolm X Junior College. 8 of 359 City Council Agenda January 11, 2016 Page 2 of 8 • Chief Eddington also, recognized Sergeant Jody Wright. Chief spoke on his achievements and background, and his recent moved to The Office of Professional Standards. • City Manager Wally Bobkiewicz announced: o The departure of Assistant Director of Parks, Recreation & Community Services, Christina Ferraro o The hire of the Director of Parks, Recreation & Community Services, Mr. Lawrence Hemingway, his first day will be Monday, February 8th. • Evanston OWN IT! o PastorEfram spoke about the achievements and goals met throughout the year 2015. She also spoke about the wonderful things coming in 2016. • Martin Luther King, Jr. Day Activities o Kenneth Cherry, Recreation Manager at Fleetwood-Jourdain Community Center, went over the activities happening on Saturday, January 16th. • Marty Lyons, Assistant City Manager/Chief Financial Officer, gave a brief information session on the tax reduction which ends February 3rd. (Senior Exemption, Senior Freeze, & Homeowner Exemption) Communications: City Clerk • Mayor Tisdahl wished Clerk Greene a “Happy New Year!” • Deputy Clerk Terrier, spoke on behalf of Clerk Greene expressing his thanks and appreciation for the well wishes and thoughts, and how he looks forward to returning real soon. Public Comment • Linda Dawnshek, spoke and gave her thoughts and suggestions for the Harley Clarke Mansion. CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting December 14, 2015 For Action - APPROVED ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through December 13, 2015 $2,567,567.59 City of Evanston Payroll through December 27, 2015 $2,581,911.47 (A2) FY2015 City of Evanston Bills – January 12, 2016 $18,636,798.98 FY2016 City of Evanston Bills – January 12, 2016 $ 37,835.60 Credit Card Activity for period ending November 30, 2015 $ 163,994.58 For Action - APPROVED 9 of 359 City Council Agenda January 11, 2016 Page 3 of 8 (A3.1) Approval of Contract for 2016 Debris Hauling with G & L Contractors Staff recommends that City Council authorize the City Manager to execute a contract for debris hauling with G & L Contractors (7401 N St. Louis Ave, Skokie, IL) in the amount of $136,000. Funding is provided by the Water Fund ($38,000), Sewer Fund ($38,000) and General Fund ($60,000) as using the Municipal Partnering Initiative (MPI) bid winner. For Action - APPROVED (A3.2) Approval of Contract with Kenny Construction Company for Sewer Structure Lining (Bid 15-69) Staff recommends that City Council authorize the City Manager to execute a contract for Sewer Structure Lining with Kenny Construction Company (2215 Sanders Road, Northbrook, IL) in the amount of $91,683. Funding is provided by the Sewer Fund, Capital Improvement Account 515.40.4535.65515, which has a budget of $150,000 specifically allocated for rehabilitating sewer structures. For Action - APPROVED (A3.3) Approval of Recycle Packer Truck Vehicle Purchase from R.N.O.W. Incorporated (Bid 16-05) Staff recommends that the City Council authorize the purchase of one (1) recycle packer truck from R.N.O.W. Incorporated (8636R W. National Avenue, West Allis, WI) in the amount of $248,131 for 2016 and one (1) recycle packer truck in the amount of $254,836 for 2017. Funding for these vehicles will be from the Equipment Replacement Fund budget (Account 601.26.7780.65550) which has a budgeted amount of $1,455,422.00 in FY2016. The expenditure for the 2016 replacement unit amounts to 17.2% of the 2016 budget. For Action - APPROVED (A3.4) Approval of 2016 Duncan Solutions, Inc. and Passport Parking Expenses Staff recommends the City Council authorize expenditure to Duncan Solutions, Inc. (633 W. Wisconsin Ave., Milwaukee, WI) and Passport Parking to cover the fees associated with parking meter and pay by cell operations in the amount of $196,000. Funding is provided by the Parking Fund, Account 505.19.7015.65070, with a 2016 Budget of $230,000. For Action - APPROVED (A3.5) Approval of Engineering Services Agreement with CDM Smith for Treated Water Storage Replacement Project (RFP 15-55) Staff recommends City Council authorize the City Manager to execute an agreement for engineering services for the Treated Water Storage Replacement project with CDM Smith (125 South Wacker Drive, Suite 600, Chicago, IL) in the not-to-exceed amount of $1,174,685. Funding will be from the Water Fund, Capital Improvement Account 513.71.7330.62145 – 733107, which has a FY 2016 budget allocation of $1,390,000. For Action – APPROVED 10 of 359 City Council Agenda January 11, 2016 Page 4 of 8 (A3.6) Approval of Northeastern Illinois Crime Lab Membership Dues Staff recommends City Council authorize the City Manager to renew membership with the Northeastern Illinois Regional Crime Laboratory in the amount of $101,322 for Fiscal Year 2016. Funding is provided by the Police Department’s 2016 Budget: $95,000 from Account 100.22.2215.62360 (Criminal Investigations – Membership Dues) and $6,322 from Account 100.22.2205.62360 (Police Administration – Membership Dues). For Action - APPROVED (A4.1) Approval of Church Street Boat Ramp Improvements, Change Order No. 1 (Bid 15-29) Staff recommends that City Council authorize the City Manager to execute Change Order No. 1 for the Church Street Boat Ramp Improvements which modifies the project’s completion date by 168 days from November 13, 2015 to April 29, 2016. There is no change to the contract price as a result of this change order. For Action - APPROVED (A4.2) Approval of Change Order No. 1 for the Sheridan Road Water Main Lining Project (Bid 15-60) Staff recommends that City Council authorize the City Manager to execute Change Order No. 1 to the contract for the Sheridan Road Water Main Lining Project with Bolder Contractors, Inc. (316 Cary Point Drive, Cary, IL) in the amount of a credit of $108,624. This change order will decrease the contract amount from $3,767,440.00 to $3,658,816.00. There will be no change to the contract completion date of June 10, 2016. For Action - APPROVED (A5) Approval of Emerson Street/Ridge Avenue/Green Bay Road Project Phase III Engineering Services Contract (RFQ 13-12) Staff recommends that City Council authorize the City Manager to execute a contract with ESI Consultants, Ltd., (1979 N. Mill Street, Suite 100, Naperville, IL) in the not-to-exceed amount of $723,803.89 to provide the phase III construction engineering services for Emerson Street/Ridge Avenue/Green Bay Road Project. As noted in the Council memo from October 28, 2013 ESI was selected to provide engineering services for all three phases of the project. For Action - APPROVED (A6) Resolution 4-R-16 Emerson/Ridge/Green Bay Project Construction Funding Staff recommends adoption of Resolution 4-R-16 authorizing the City Manager to negotiate and execute the Illinois Department of Transportation Local Public Agency Agreement for Federal Participation required for the Emerson/Ridge/Green Bay Project. The City has received funding of $1,913,943 from the North Shore Council of Mayors and a CMAQ grant of $1,920,000 for this project. The total project cost estimate is $8,236,316. Execution of proposed Resolution 4-R-16 will obligate Evanston to pay the Illinois Department of Transportation the local share cost of $4,402,373.00 at the completion of the project. Funding is provided by FY2016 Capital Improvement Funds. 11 of 359 City Council Agenda January 11, 2016 Page 5 of 8 For Action - APPROVED (A7) Resolution 3-R-16, Union Pacific Supplemental Agreement for Emerson Street Viaduct Lighting Staff recommends adoption of Resolution 3-R-16 authorizing the City Manager to execute a Supplemental Agreement for LED light installation under the Emerson Street viaduct at Green Bay Road with Union Pacific Railroad. For Action - APPROVED (A8) Resolution 1-R-16 Authorizing Delegates to the Northeastern Illinois Public Safety Training Academy (NIPSTA) Staff recommends City Council adoption of Resolution 1-R-16 appointing the Fire Chief, Deputy Fire Chief and Director of Public Works Agency as the City’s Delegate and Alternate Delegates, respectively, to the NIPSTA Board of Directors. For Action - APPROVED (A9) Ordinance 1-O-16, Increasing the Number of Class D Liquor Licenses for The Boiling Point, Inc. d/b/a Peppercorns Kitchen, 620 Davis Street Local Liquor Commissioner recommends City Council adoption of Ordinance 1- O-16, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of authorized Class D liquor licenses from forty-nine (49) to fifty (50), and permit issuance of a Class D license to The Boiling Point, Inc. d/b/a Peppercorns Kitchen (“Company”), 620 Davis Street. For Introduction - APPROVED (A10) Ordinance 2-O-16, Increasing the Number of Class D Liquor Licenses for Beeyoo Properties, LLC d/b/a La Cocinita, 1625 Chicago Avenue Local Liquor Commissioner recommends City Council adoption of Ordinance 2- O-16, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of authorized Class D liquor licenses from fifty (50) to fifty-one (51), and permit issuance of a Class D license to Beeyoo Properties, LLC d/b/a La Cocinita (“Company”), 1625 Chicago Avenue. For Introduction - APPROVED (A11) Ordinance 162-O-15, 30-Day Grace Period for the Evanston Wheel Tax Staff recommends that the City Council adopt Ordinance 162-O-15, which amends Section 10-8-1 of the Evanston City Code of 2012, which states that motor vehicles registered or required to be registered with the Secretary of State to an Evanston address, must be licensed by paying an annual wheel tax. Ordinance 162-O-15 establishes a 30-day grace period for payment of the annual wheel tax. For Introduction – APPROVED (Chair of committee spoke on this item briefly.) 12 of 359 City Council Agenda January 11, 2016 Page 6 of 8 (A12) Ordinance 115-O-15: Authorizing the Sale of Used Copiers Owned by the City of Evanston Staff recommends City Council adoption of ordinance 115-O-15, which authorizes the sale of 24 surplus copiers to Arcoa Group/Midwest Copier Exchange for $1,975. This ordinance was introduced at the December 14, 2015 City Council meeting. For Action - APPROVED (A13) Ordinance 159-O-15, Authorizing the Sale of Surplus Property: Fleet Vehicles Staff recommends that City Council adopt Ordinance 159-O-15 which directs the City Manager to offer the sale of vehicles owned by the City through public auction. These auctions include venues such as America’s Auto Auction and/or other live auctions, as well as other online auctions as these vehicles become available. This ordinance was introduced at the December 14, 2015 City Council meeting. For Action - APPROVED PLANNING & DEVELOPMENT COMMITTEE (P1) Approval of Naming the Ecology Center Classroom the “Elizabeth A. Patterson Classroom” The Citizens’ Advisory Committee on Public Place Names recommends approval of the request from James D. Patterson of the Archer Patterson Family Foundation and members of the Evanston Environmental Association to name the newly renovated classroom at the Ecology Center the “Elizabeth A. Patterson Classroom.” For Action - APPROVED (P2) Ordinance 7-O-16 Granting Major Zoning Relief for a Second Story Addition and Open Parking at 2115 Dewey Avenue The Zoning Board of Appeals and City staff recommend approval of Ordinance 7- O-16 granting major zoning relief for a second story office addition at a mixed- use building with open parking in the rear yard at 2115 Dewey Avenue. The applicant has complied with all other zoning requirements, and meets the standards for variations. Suspension of the Rules is requested for Introduction and Action by City Council on January 11, 2016. . For Introduction and Action Ald. Rainey moved to approve, APPROVED 13 of 359 City Council Agenda January 11, 2016 Page 7 of 8 (P3) Ordinance 6-O-16 Granting Major Zoning Relief to Convert 44 Rooming House Units to Dwelling Units with No Additional Parking at 860 Hinman Avenue The Zoning Board of Appeals and City staff recommend approval of Ordinance 6- O-16 granting major zoning relief to convert 44 rooming house units into dwelling units at 860 Hinman Avenue. The conversion requires zoning relief to increase the total number of dwelling units on the property, as well as zoning relief since no additional parking spaces are proposed. Staff recommends an additional condition that would allow the building’s trash dumpsters to occupy two on-site parking spaces until August of 2017 providing clear access in the alley during construction of 835 Chicago Planned Development. . For Introduction - APPROVED (P4) Ordinance 154-O-15, Zoning Ordinance Text Amendment – Addition of Rentals to the Automobile and Recreational Vehicle Sales Use The Plan Commission and staff recommend City Council adoption of the Zoning Ordinance Text Amendment to classify automobile and/or truck rental uses under Automobile and Recreational Vehicle Sales Use instead of Retail Service Establishments by updating the term “Automobile” to “Motor Vehicle” and adding “Rental” to the use name. The proposed amendment will ensure that motor vehicle and truck rental uses are accounted for within the Zoning Code and allowed in the same manner as motor vehicle and recreational vehicle sales uses. This ordinance was held at the Planning and Development Committee on December 14, 2015. . For Introduction – Off consent agenda, will be addressed by committee chair. Alderman Tendam moved, Alderman Holmes seconded. PASSES with voice vote of 7-0. HUMAN SERVICES COMMITTEE (H1) Resolution 119-R-15, Lease Agreements for Studio Spaces at the Noyes Cultural Arts Center with James Evansizer and Genevieve Costello The Human Services Committee and staff recommend City Council adoption of Resolution 119-R-15 authorizing the City Manager to enter into two new, twelve- month lease agreements for studio spaces at the Noyes Cultural Arts Center with tenants James Evansizer and Genevieve Costello. For Action - APPROVED (H2) Resolution 120-R-15, Twenty-two (22) Renewal Lease Agreements for Artist Leases for Studios at the Noyes Cultural Arts Center The Human Services Committee and staff recommend City Council adoption of Resolution 120-R-15 authorizing the City Manager to enter into twenty-two (22) renewal agreements for twelve (12) month lease terms for the artist leases for studios at the Noyes Cultural Arts Center (NCAC) For Action - APPROVED (H3) Resolution 121-R-15, Lease Agreements with the Evanston Children Choir 14 of 359 City Council Agenda January 11, 2016 Page 8 of 8 for Space at the Noyes Cultural Arts Center The Human Services Committee and staff recommend City Council adoption of Resolution 121-R-15 authorizing the City Manager to enter into agreements with the Evanston Children Choir to lease space at the Noyes Cultural Arts Center for five-month lease term (1/1/16 to 5/31/16) and a four-month lease term (9/1/16 to 12/31/16). . For Action - APPROVED APPOINTMENTS (APP1) For Appointment to: Commission on Aging Alan Factor Zoning Board of Appeals Lisa Dziekan APPROVED CALL OF THE WARDS • Ward 8 – Alderman Rainey commented on MLK, Jr. Day and her trip to the Civil Rights Museum in Memphis, TN. She also announced the MLK, Jr. Day Activities at St. Francis happening on Saturday, January 16th. • Ward 9 – Alderman Miller was no present. • Ward 1 – No report • Ward 2 – No report • Ward 3 – No report • Ward 4 – No report • Ward 5 – Alderman Holmes announced the additional festivities happening on Monday, January 18th at Second Baptist Church, and the Y.O.U. celebration happening a ETHS at 1pm. • Ward 6 – No report • Ward 7 – n/a A Motion to adjourn was made and seconded, and the Regular Meeting of the City Council ended at 8:27 PM with a Voice Vote.. Submitted by, Akäsha S. Terrier Deputy City Clerk 15 of 359 Page 1; Rev. 1/21/2016 2:59:12 PM ADMINISTRATION & PUBLIC WORKS COMMITTEE Monday, January 25, 2016 6:00 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston James C. Lytle Council Chambers AGENDA I. DECLARATION OF A QUORUM: ALDERMAN MILLER, CHAIR II. APPROVAL OF MINUTES OF REGULAR MEETING OF JANUARY 11, 2016 III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through January 10, 2016 $2,727,586.14 (A2) FY2015 City of Evanston Bills – January 26, 2016 $1,420,590.37 FY2016 City of Evanston Bills – January 26, 2016 $2,295,645.63 For Action (A3.1) Approval of Sole Source Purchase of 30 Taser Units from Taser International Staff recommends City council authorize the purchase of 30 Taser X26P Conducted Electrical Weapons (CEW) along with 30 TASER Cam HD Recorders (CEW power source), 25 Blackhawk X26P TASER holsters, and 60 21-foot field use cartridges. TASER International (17800 N 85th St, Scottsdale, AZ) is the manufacturer and sole source provider of the CEW. The total estimated purchase price is $60,072.65. Funding is provided by funds available in reserve account #100.41340 (Reserve – Narcotics Seizures), which has a balance of $253,660.49 as of December 31, 2015. For Action (A3.2) Approval of Tennis Instruction Contract Renewal with E-Town Tennis, Inc. Staff recommends that City Council authorize the City Manager to execute the two (2) year renewal option with E Town Tennis, Inc. (320 S. Butterfield Road, Libertyville, IL) to provide tennis instruction for the Recreation Division’s youth and adult tennis programs. The Agreement is effective from January 31, 2016 through December 31, 2017. Funding is budgeted in account 100.30.3035.62505 and revenues vary depending on program registration. All expenses for the program are covered by participation fees For Action 16 of 359 Page 2; Rev. 1/21/2016 2:59:12 PM (A3.3) Approval of 2016 CIPP Sewer Rehabilitation Contract A with Insituform Technologies USA, LLC (Bid16-02) Staff recommends that City Council authorize the City Manager to execute a contract for the 2016 CIPP Sewer Rehabilitation Contract A with Insituform Technologies USA, LLC (17988 Edison Avenue, Chesterfield, MO) in the amount of $192,026.30. Funding is from Sewer Fund, Account 515.40.4535.62461, which has a FY 2016 budget of $665,000. For Action (A3.4) Approval of Accela (PAL) Maintenance and Support Contract Renewal Staff recommends the City Council authorize the City Manager to execute a renewal of the existing agreement with Accela Inc. (2633 Camino Ramon, San Ramon, CA). This is the final renewal year of the City’s 10 year contract in the amount of $128,362.82. This software provides support for City licensing and permitting activities in several departments. This renewal agreement will cover the period of March 15, 2016 through March 14, 2017. Funding is provided from the Computer Licensing and Support account (100.19.1932.62340) with a FY2016 Budget $437,000 For Action (A3.5) Approval of Auditing Services Four Year Contract with Sikich, LLP Staff recommends that City Council authorize the City Manager to execute a four-year contract for auditing services with Sikich, LLP (1415 West Diehl Road, Suite 400 Naperville IL) in the amount of $348,287 with a first year cost of $83,251. Staff also recommends that Council approve up to $10,000 for additional services in completing the Comprehensive Annual Financial Report (CAFR). Funding in the amount of $100,000 is budgeted in the General Fund (100.15.1570.62110) for the first year of the auditing services in FY 2016. For Action (A4) Resolution 2-R-16, Easement Agreement with 1571 Maple Avenue, LLC Staff recommends that the City Council adopt Resolution 2-R-16 authorizing the City Manager to execute an easement agreement between the City and 1571 Maple Avenue, LLC. 1571 Maple Avenue, LLC has requested an easement agreement for the construction of concrete caissons to serve as structural support for the mixed use building to be constructed at 1571 Maple Avenue. The caissons will be below the surface of the City right-of-way property on the south side of Davis Street and the west side of Elmwood Avenue. For Action (A5) Resolution 10-R-16: Appointment of Eleanor Revelle as 7th Ward Alderman Recommend appointment of Eleanor Revelle as the 7th Ward Alderman for the remainder of the term for the 79th City Council. For Action 17 of 359 Page 3; Rev. 1/21/2016 2:59:12 PM (A6) Resolution 6-R-16, Approving Settlement with Advanced Disposal Staff recommends City Council adoption of Resolution 6-R-16. In 2010 and 2011, the City adopted ordinances imposing a $2.00 per ton fee on waste transferred through the waste transfer station (the “WTS”) located at 1711 Church Street. The WTS was operated by Veolia Waste Management, now known as Advanced Disposal Services (“Advanced”). In December 2011, Veolia/Advanced sued the City in Cook County Circuit Court. Under the recommended settlement, the City keeps all WTS fees paid ($1,263,247.90) since 2011. The Cook County case will be dismissed. For Action (A7) Resolution 7-R-16, Approving Host Agreement with Advanced Disposal Staff recommends City Council adoption of Resolution 7-R-16. The recommended Host Community Agreement (“HCA”) will substantially improve the City’s relationship with Advanced and still permit the City to collect a $0.75 per ton host fee from Advanced for waste transferred through the WTS. This host fee will take effect on January 1, 2017. For Action (A8) Ordinance 8-O-16, Repeal of Prior Waste Transfer Station Fee Ordinances and Enacting Host Community Fee with Advanced Disposal Staff recommends City Council adoption of Ordinance 8-O-16. The City and Advanced negotiated the terms of a Host Community Agreement (Agenda Item A8) to improve operations at the transfer station. As a condition of the settlement of all claims and litigation, the City must repeal ordinances 82-O-10 and 68-O-11. For Introduction IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT 18 of 359 Page 1; Rev. 1/21/2016 3:06:04 PM Administration and Public Works Committee Meeting Minutes of January 11, 2016 James C. Lytle Council Chambers – 6:00 p.m. Lorraine H. Morton Civic Center MEMBERS PRESENT: A. Rainey, D. Holmes, P. Braithwaite MEMBERS ABSENT: B. Miller STAFF PRESENT: M. Lyons, D. Stoneback, G. Farrar, E. Thomas-Smith, B. Dorneker, O. Murillo, T. Turner, W. Bobkiewicz, E. Storlie, J. Maiworm, S. Levine, P. D’Agostino, S. Nagar STAFF ABSENT: R. Voss, S. Flax, J. Leonard, K. Brown, A. Thorpe, J. Calderon, Chief Eddington, C. Caneva, I. Ogbo, C. Hurley, R. Dahal, A. Khatkhate, M. Muenzer, P. Zalmezak, J. Lasik, A. King, P. Polinski, S. Ciolek, L. Biggs PRESIDING OFFICIAL: Ald. Rainey I. DECLARATION OF A QUORUM: ALDERMAN RAINEY, CHAIR A quorum being present, Ald. Rainey called the meeting to order at 6:00 p.m. II. APPROVAL OF MINUTES OF REGULAR MEETING OF DECEMBER 14, 2015 Ald. Rainey moved to accept the Minutes of December 14, 2015 A&PW meeting as submitted, seconded by Ald. Holmes. The Minutes of the December 14, 2015 A&PW meeting were approved unanimously 3-0. III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through December 13, 2015 $2,567,567.59 City of Evanston Payroll through December 27, 2015 $2,581,911.47 For Action Ald. Holmes moved to recommend the City of Evanston payroll through December 13, 2015 and December 27, 2015, seconded by Ald. Rainey. The Committee voted unanimously 3-0 to approve the payrolls. (A2) FY2015 City of Evanston Bills – January 12, 2016 $18,636,798.98 FY2016 City of Evanston Bills – January 12, 2016 $ 37,835.60 Credit Card Activity for period ending November 30, 2015 $ 163,994.58 For Action Ald. Holmes moved to recommend the FY 2015 City of Evanston bills through January 12, 2016, FY 2016 bills through January 12, 2016 and credit card activity for the period ending November 30, 2015, seconded by DRAFT - NOT APPROVED 19 of 359 Page 2; Rev. 1/21/2016 3:06:04 PM Ald. Rainey. The Committee voted unanimously 3-0 to approve the bills and credit card activity. (A3.1) Approval of Contract for 2016 Debris Hauling with G & L Contractors Staff recommends that City Council authorize the City Manager to execute a contract for debris hauling with G & L Contractors (7401 N St. Louis Ave, Skokie, IL) in the amount of $136,000. Funding is provided by the Water Fund ($38,000), Sewer Fund ($38,000) and General Fund ($60,000) as using the Municipal Partnering Initiative (MPI) bid winner. For Action Ald. Rainey moved to recommend City Council authorize the City Manager to execute a contract for debris hauling with G & L Contractors in the amount of $136,000, seconded by Ald. Braithwaite. The Committee voted unanimously 3-0 to approve the contract. (A3.2) Approval of Contract with Kenny Construction Company for Sewer Structure Lining (Bid 15-69) Staff recommends that City Council authorize the City Manager to execute a contract for Sewer Structure Lining with Kenny Construction Company (2215 Sanders Road, Northbrook, IL) in the amount of $91,683. Funding is provided by the Sewer Fund, Capital Improvement Account 515.40.4535.65515, which has a budget of $150,000 specifically allocated for rehabilitating sewer structures. For Action Ald. Braithwaite moved to recommend City Council authorize the City Manager to execute a contract for Sewer Structure Lining with Kenny Construction Company in the amount of $91,683, seconded by Ald. Holmes. The Committee voted unanimously 3-0 to approve the agreement. (A3.3) Approval of Recycle Packer Truck Vehicle Purchase from R.N.O.W. Incorporated (Bid 16-05) Staff recommends that the City Council authorize the purchase of one (1) recycle packer truck from R.N.O.W. Incorporated (8636R W. National Avenue, West Allis, WI) in the amount of $248,131 for 2016 and one (1) recycle packer truck in the amount of $254,836 for 2017. Funding for these vehicles will be from the Equipment Replacement Fund budget (Account 601.26.7780.65550) which has a budgeted amount of $1,455,422.00 in FY2016. The expenditure for the 2016 replacement unit amounts to 17.2% of the 2016 budget. For Action Ald. Holmes moved to recommend City Council authorize the purchase of one (1) recycle packer truck from R.N.O.W. Incorporated in the amount of $248,131 for 2016 and one (1) recycle packer truck in the amount of $254,836 for 2017, seconded by Ald. Rainey. 20 of 359 Page 3; Rev. 1/21/2016 3:06:04 PM At Ald. Rainey’s inquiry, Deputy City Manager/Administrative Services Director Erika Storlie explained that the cost increase is because of necessary additional equipment to use the trucks for both recycle hauling and snow plowing. The Committee voted unanimously 3-0 to approve the contract. (A3.4) Approval of 2016 Duncan Solutions, Inc. and Passport Parking Expenses Staff recommends the City Council authorize expenditures to Duncan Solutions, Inc. (633 W. Wisconsin Ave., Milwaukee, WI) and Passport Parking to cover the fees associated with parking meter and pay by cell operations in the amount of $196,000. Funding is provided by the Parking Fund, Account 505.19.7015.65070, with a 2016 Budget of $230,000. For Action Ald. Rainey moved to recommend City Council authorize expenditures to Duncan Solutions, Inc. and Passport Parking to cover the fees associated with parking meter and pay by cell operations in the amount of $196,000, seconded by Ald. Braithwaite. At Ald. Rainey’s inquiry, Deputy City Manager/Administrative Services Director Storlie explained that Passport Parking is the third party parking application provider that allows people to pay for parking through their cell phone for an additional fee. Funds collected from parkers pass through Duncan Solutions as the back office provider to the third party. The Committee voted unanimously 3-0 to approve the expenditures. (A3.5) Approval of Engineering Services Agreement with CDM Smith for Treated Water Storage Replacement Project (RFP 15-55) Staff recommends City Council authorize the City Manager to execute an agreement for engineering services for the Treated Water Storage Replacement project with CDM Smith (125 South Wacker Drive, Suite 600, Chicago, IL) in the not-to-exceed amount of $1,174,685. Funding will be from the Water Fund, Capital Improvement Account 513.71.7330.62145 – 733107, which has a FY 2016 budget allocation of $1,390,000. For Action Ald. Braithwaite moved to recommend City Council authorize the City Manager to execute an agreement for engineering services for the Treated Water Storage Replacement project with CDM Smith in the not-to-exceed amount of $1,174,685, seconded by Ald. Rainey. The Committee voted unanimously 3-0 to approve the agreement. (A3.6) Approval of Northeastern Illinois Crime Lab Membership Dues Staff recommends City Council authorize the City Manager to renew membership with the Northeastern Illinois Regional Crime Laboratory in the amount of $101,322 for Fiscal Year 2016. Funding is provided by the Police Department’s 2016 Budget: $95,000 from Account 100.22.2215.62360 (Criminal Investigations 21 of 359 Page 4; Rev. 1/21/2016 3:06:04 PM – Membership Dues) and $6,322 from Account 100.22.2205.62360 (Police Administration – Membership Dues). For Action Ald. Holmes moved to recommend City Council authorize the City Manager to renew membership with the Northeastern Illinois Regional Crime Laboratory in the amount of $101,322 for Fiscal Year 2016, seconded by Ald. Braithwaite. Deputy Chief of Investigations Jay Parrott explained that since becoming a member of the Northeastern Illinois Regional Crime Lab (NIRCL) the turnaround time on critical evidence has improved significantly. Average turnaround times since becoming a member of NIRCL: DNA – 35 days; Drugs - 20 days; DUI Kits – 13 days; Fingerprints – 37 days; IBIS – 64 days; Sex assault kits – 18 days. In the past, turnaround times from the state lab have been years in some instances. He noted that the importance of quick processing is the ability to charge offenders before multiple crimes are committed. This has resulted in better case investigations, courtroom presentations and closure rates for investigations. After discussion, the Committee voted unanimously 3-0 to approve the membership. (A4.1) Approval of Church Street Boat Ramp Improvements, Change Order No. 1 (Bid 15-29) Staff recommends that City Council authorize the City Manager to execute Change Order No. 1 for the Church Street Boat Ramp Improvements which modifies the project’s completion date by 168 days from November 13, 2015 to April 29, 2016. There is no change to the contract price as a result of this change order. For Action Ald. Rainey moved to approve City Council authorize the City Manager to execute Change Order No. 1 for the Church Street Boat Ramp Improvements which modifies the project’s completion date by 168 days from November 13, 2015 to April 29, 2016, seconded by Ald. Holmes. The Committee voted unanimously 3-0 to approve the change order. (A4.2) Approval of Change Order No. 1 for the Sheridan Road Water Main Lining Project (Bid 15-60) Staff recommends that City Council authorize the City Manager to execute Change Order No. 1 to the contract for the Sheridan Road Water Main Lining Project with Bolder Contractors, Inc. (316 Cary Point Drive, Cary, IL) in the amount of a credit of $108,624. This change order will decrease the contract amount from $3,767,440.00 to $3,658,816.00. There will be no change to the contract completion date of June 10, 2016. For Action Ald. Braithwaite moved to recommend City Council authorize the City Manager to execute Change Order No. 1 to the contract for the Sheridan 22 of 359 Page 5; Rev. 1/21/2016 3:06:04 PM Road Water Main Lining Project with Bolder Contractors, Inc. in the amount of a credit of $108,624 decreasing the contract amount from $3,767,440.00 to $3,658,816.00, seconded by Ald. Rainey. The Committee voted unanimously 3-0 to approve the change order. (A5) Approval of Emerson Street/Ridge Avenue/Green Bay Road Project Phase III Engineering Services Contract (RFQ 13-12) Staff recommends that City Council authorize the City Manager to execute a contract with ESI Consultants, Ltd., (1979 N. Mill Street, Suite 100, Naperville, IL) in the not-to-exceed amount of $723,803.89 to provide the phase III construction engineering services for Emerson Street/Ridge Avenue/Green Bay Road Project. As noted in the Council memo from October 28, 2013 ESI was selected to provide engineering services for all three phases of the project. For Action Ald. Holmes moved recommend City Council authorize the City Manager to execute a contract with ESI Consultants, Ltd., in the not-to-exceed amount of $723,803.89 to provide the phase III construction engineering services for Emerson Street/Ridge Avenue/Green Bay Road Project, seconded by Ald. Braithwaite. The Committee voted unanimously 3-0 to approve the contract. (A6) Resolution 4-R-16 Emerson/Ridge/Green Bay Project Construction Funding Staff recommends adoption of Resolution 4-R-16 authorizing the City Manager to negotiate and execute the Illinois Department of Transportation Local Public Agency Agreement for Federal Participation required for the Emerson/Ridge/Green Bay Project. The City has received funding of $1,913,943 from the North Shore Council of Mayors and a CMAQ grant of $1,920,000 for this project. The total project cost estimate is $8,236,316. Execution of proposed Resolution 4-R-16 will obligate Evanston to pay the Illinois Department of Transportation the local share cost of $4,402,373.00 at the completion of the project. Funding is provided by FY2016 Capital Improvement Funds. For Action Ald. Rainey moved to recommend adoption of Resolution 4-R-16 authorizing the City Manager to negotiate and execute the Illinois Department of Transportation Local Public Agency Agreement for Federal Participation required for the Emerson/Ridge/Green Bay Project, seconded by Ald. Holmes. The Committee voted unanimously 3-0 to adopt the resolution. (A7) Resolution 3-R-16, Union Pacific Supplemental Agreement for Emerson Street Viaduct Lighting Staff recommends adoption of Resolution 3-R-16 authorizing the City Manager to execute a Supplemental Agreement for LED light installation under the Emerson Street viaduct at Green Bay Road with Union Pacific Railroad. For Action 23 of 359 Page 6; Rev. 1/21/2016 3:06:04 PM Ald. Braithwaite moved to recommend adoption of Resolution 3-R-16 authorizing the City Manager to execute a Supplemental Agreement for LED light installation under the Emerson Street viaduct at Green Bay Road with Union Pacific Railroad, seconded by Ald. Rainey. Senior Project Manager Sat Nagar explained that the City was given permission to install LED lights, but is still negotiating landscaping. This project will begin March 4th for a duration of 6-7 weeks. A public meeting will be held to explain the construction process. He added that the entire roadway will never be closed during construction. There will be a detour during the daytime. The Committee voted unanimously 3-0 to adopt the resolution. (A8) Resolution 1-R-16 Authorizing Delegates to the Northeastern Illinois Public Safety Training Academy (NIPSTA) Staff recommends City Council adoption of Resolution 1-R-16 appointing the Fire Chief, Deputy Fire Chief and Director of Public Works Agency as the City’s Delegate and Alternate Delegates, respectively, to the NIPSTA Board of Directors. For Action Ald. Holmes moved to recommend City Council adoption of Resolution 1-R- 16 appointing the Fire Chief, Deputy Fire Chief and Director of Public Works Agency as the City’s Delegate and Alternate Delegates, respectively, to the NIPSTA Board of Directors, seconded by Ald. Rainey. The Committee voted unanimously 3-0 to adopt the resolution. (A9) Ordinance 1-O-16, Increasing the Number of Class D Liquor Licenses for The Boiling Point, Inc. d/b/a Peppercorns Kitchen, 620 Davis Street Local Liquor Commissioner recommends City Council adoption of Ordinance 1- O-16, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of authorized Class D liquor licenses from forty-nine (49) to fifty (50), and permit issuance of a Class D license to The Boiling Point, Inc. d/b/a Peppercorns Kitchen (“Company”), 620 Davis Street. For Introduction Ald. Rainey moved to recommend City Council adoption of Ordinance 1-O- 16, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of authorized Class D liquor licenses from forty-nine (49) to fifty (50), and permit issuance of a Class D license to The Boiling Point, Inc. d/b/a Peppercorns Kitchen (“Company”), 620 Davis Street, seconded by Ald. Braithwaite. The Committee voted unanimously 3-0 to adopt the ordinance. (A10) Ordinance 2-O-16, Increasing the Number of Class D Liquor Licenses for Beeyoo Properties, LLC d/b/a La Cocinita, 1625 Chicago Avenue Local Liquor Commissioner recommends City Council adoption of Ordinance 2- O-16, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), as 24 of 359 Page 7; Rev. 1/21/2016 3:06:04 PM amended, to increase the number of authorized Class D liquor licenses from fifty (50) to fifty-one (51), and permit issuance of a Class D license to Beeyoo Properties, LLC d/b/a La Cocinita (“Company”), 1625 Chicago Avenue. For Introduction Ald. Rainey moved to recommend City Council adoption of Ordinance 2-O- 16, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of authorized Class D liquor licenses from fifty (50) to fifty-one (51), and permit issuance of a Class D license to Beeyoo Properties, LLC d/b/a La Cocinita (“Company”), 1625 Chicago Avenue, seconded by Ald. Braithwaite. The owners confirmed the menu is Venezuelan inspired Latin foods and will consist of lunch and dinner with breakfast and brunch menus to be considered later. They hope to open in late February or early March. Ald. Braithwaite referred this item to the Parks, Recreation and Community Services and Health and Human Services Departments to streamline licensing and information to food trucks. The Committee voted unanimously 3-0 to adopt the ordinance. (A11) Ordinance 162-O-15, 30-Day Grace Period for the Evanston Wheel Tax Staff recommends that the City Council adopt Ordinance 162-O-15, which amends Section 10-8-1 of the Evanston City Code of 2012, which states that motor vehicles registered or required to be registered with the Secretary of State to an Evanston address, must be licensed by paying an annual wheel tax. Ordinance 162-O-15 establishes a 30-day grace period for payment of the annual wheel tax. For Introduction Ald. Braithwaite moved to recommend City Council adopt Ordinance 162-O- 15, which amends Section 10-8-1 of the Evanston City Code of 2012, which states that motor vehicles registered or required to be registered with the Secretary of State to an Evanston address, must be licensed by paying an annual wheel tax. Ordinance 162-O-15 establishes a 30-day grace period for payment of the annual wheel tax, seconded by Ald. Rainey. Ald. Holmes expressed concern regarding the grace period for wheel tax renewals due on December 15th. She requested the deadline be moved to December 31st to make it easier for residents that get paid at the end of the month. Assistant City Manager Marty Lyons suggested staff bring a new ordinance to Council for introduction and action to the January 25th meeting to codify the deadline change. The Committee voted unanimously 3-0 to adopt the ordinance. IV. ITEMS FOR DISCUSSION 25 of 359 Page 8; Rev. 1/21/2016 3:06:04 PM (APW1) Neighborhood Improvement Funding For Discussion Assistant City Manager Marty Lyons shared details of the Dempster Dodge and Main Street Commons development agreements. Alds. Braithwaite and Holmes would like to see more opportunities for neighborhoods with no big box stores or possibility of revenue producing shopping districts. Ald. Rainey added that a specific source of revenue would be more reliable. Ald. Rainey suggested continuing this discussion with other aldermen. She also asked if staff would write a proposal for CDBG funding. Ald. Braithwaite referred this item to the Rules Committee for full Council discussion. (APW2) Fly Dumping For Discussion Public Works Agency Director Dave Stoneback discussed the special waste pick up request charge. The average number of requests varies month to month, but there are approximately 3,000 total per year. The City charges $25 for the first 3 cubic yards and $10 for each additional 3 cubic yards, which is placed on the property’s water bill. Between June and August of 2015 there were a total of 1,301 special pickup requests with 948 generated by residents and 353 by City Staff. Ten percent of those requests were a result of flydumping. Public Works Agency Director Stoneback explained that it is extremely difficult to determine if flydumping is real or not. In an attempt to recover the special pick up cost, the City will charge the property. Ald. Holmes feels it is unfair to residents that have to pick up the cost of flydumping and suggested cross referencing nuisance properties with those occurrences. Ald. Braithwaite suggested placing cameras in flydumping hotspots. Public Works Agency Director Stoneback noted that the annual labor and tipping costs for special pickups is approximately $746,000 versus $91,500 generated in revenue. It would cost more to outsource this service. Ald. Holmes suggested more education for residents and possibly raising the special pickup fee. Public Works Agency Director Stoneback noted that the City provides bulk pickup (up to 6 cubic yards of debris) in spring and fall at no charge to residents. The 2015 bulk pickup cost was $31,000 in labor and $19,000 in tipping fees. He presented different alternatives to address the cost issues ranging from an increase in special pickup fees to charging residents the true cost spread over 12 months on their water bills. 26 of 359 Page 9; Rev. 1/21/2016 3:06:04 PM The Committee directed staff to return to a future meeting with a fee increase proposal. V. COMMUNICATIONS VI. ADJOURNMENT Ald. Braithwaite moved to adjourn. The meeting was adjourned at 7:15pm. 27 of 359 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: January 20, 2016 Recommended Action: Staff recommends approval of the City of Evanston Payroll and Bills List. This list includes the City’s annual General Obligation Debt Service payment of $2.1 million. 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 – December 28, 2015 through January 10, 2015 $2,727,586.14 (Payroll includes employer portion of IMRF, FICA, and Medicare) Bills List – January 26, 2016 FY: 2015 $1,420,590.37 General Fund Amount – Bills list $ 700,283.94 FY: 2016 $2,295,645.63 General Fund Amount – Bills list $ 17,878.13 TOTAL AMOUNT OF BILLS LIST & PAYROLL $6,443,822.14 *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. Card Activity – Period End November 30, 2012 $ 111,700.60 Attachments: Bills List For City Council meeting of January 25, 2016 Item A1/A2 Business of the City by Motion: City Payroll and Bills For Action Memorandum 28 of 359 CITY OF EVANSTON BILLS LIST PERIOD ENDING 01.26.2016 FY2015 100 GENERAL FUND 100 GENERAL SUPPORT 10250 CITY OF EVANSTON - PETTY CASH REIMBURSEMENT: PETTY CASH 1,430.00 22725 VERIZON WIRELESS COMMUNICATION CHARGES 9,875.33 22730 BANK OF AMERICA *PURCHASING CARD #4355-DEC.2015 193,400.23 41420 DIRECTOR, ILLINOIS STATE POLICE SEIZED FUNDS CASE #15-31101 2,220.00 41420 PINNOCK, TONDELAYA SEIZED FUNDS CASE #15-31101A 275.00 100 GENERAL SUPPORT Total 207,200.56 1300 CITY COUNCIL 62360 ILLINOIS MUNICIPAL LEAGUE 2016 MEMBERSHIP DUES 3,500.00 62360 NATIONAL LEAGUE OF CITIES 2016 MEMBERSHIP DUES 5,952.00 65095 OFFICE DEPOT OFFICE SUPPLIES 111.60 1300 CITY COUNCIL Total 9,563.60 1400 CITY CLERK 62457 MUNICODE PRINTING 7,197.03 65095 OFFICE DEPOT OFFICE SUPPLIES 49.17 1400 CITY CLERK Total 7,246.20 1505 CITY MANAGER 62280 FEDERAL EXPRESS CORP.SHIPPING 63.11 62295 WALTER BOBKIEWICZ REIMBURSE BUSINESS MEALS 2,398.25 65095 OFFICE DEPOT OFFICE SUPPLIES 269.28 1505 CITY MANAGER Total 2,730.64 1580 COMMUNITY ARTS 66040 OFFICE DEPOT OFFICE SUPPLIES 54.94 66040 MUSE OF FIRE THEATRE COMPANY *HONORARIUM-1 STATE TOGETHER ART CONF 300.00 66040 PENNY ROTHEISER REIMBURSEMENT:BACK STAGE EVANSTON WEBSITE DOMAIN 113.95 1580 COMMUNITY ARTS Total 468.89 1705 LEGAL ADMINISTRATION 62509 SUSAN D BRUNNER HEARING OFFICER 1,400.00 62509 JEFFREY D. GREENSPAN HEARING OFFICER 990.00 62509 LAW OFFICE OF MITCHELL C. EX HEARING OFFICER 1,980.00 1705 LEGAL ADMINISTRATION Total 4,370.00 1910 FINANCE DIVISION - REVENUE 61055 QUALITY PLACEMENT AUTHORITY FEE FOR 1 TEMPORARY WORKER 2,807.26 62295 WALLACE, ANDRE *2015 COMMUNITY DIVERSITY 1,000.00 62315 NEOPOST LEASE PAYMENTS 1,125.00 1910 FINANCE DIVISION - REVENUE Total 4,932.26 1915 HUMAN RESOURCE DIVI. - PAYROLL 65095 TEUTEBERG INC W-2 FORMS 391.02 1915 HUMAN RESOURCE DIVI. - PAYROLL Total 391.02 1920 FINANCE DIVISION - ACCOUNTING 62185 ACCOUNTEMPS ACCOUNTING SERVICES 3,368.08 62185 FOSTER & FOSTER *FIRE PENSION VALUATION 3,000.00 62185 FOSTER & FOSTER *POLICE PENSION VALUATION 3,000.00 1920 FINANCE DIVISION - ACCOUNTING Total 9,368.08 1925 FINANCE DIVISION - PURCHASING 65095 OFFICE DEPOT OFFICE SUPPLIES 89.87 1925 FINANCE DIVISION - PURCHASING Total 89.87 1929 HUMAN RESOURCE DIVISION 62160 ERGOMETRICS EMPLOYMENT TESTING-POLICE 330.00 62160 TRANS UNION CORP TRANS UNION BASIC FEE-TESTING 60.00 62160 QUEST DIAGNOSTICS CLINICAL LABORATORIES EMPLOYEE TESTING-QUEST DIAGNOSTICS 185.50 62270 NORTHSHORE UNIVERSITY HEALTH SYSTEM OMEGA QUARTERLY EMPLOYEE MEDICAL SCREENINGS 5,477.00 62512 ICIMS RECRUITMENT-ICIMS 1,000.00 1929 HUMAN RESOURCE DIVISION Total 7,052.50 1932 INFORMATION TECHNOLOGY DIVI. 62175 IRON MOUNTAIN OSDP OFF SITE DATA PROTECTION SERVICES 659.23 62175 VERMONT SYSTEMS INC SOFTWARE INSTALLATION AND TRAINING 5,978.26 62250 SMS SYSTEMS MAINTENANCE SERVICES, INC.COMPUTER SYSTEMS MAINTENANCE SERVICES 485.80 62380 CHICAGO OFFICE TECHNOLOGY GROUP COPIER CHARGES 8,640.40 64505 AT&T DATA COMM TELECOMMUNICATIONS SERVICES 715.88 65615 COMCAST CABLE CABLE SERVICE 3,859.13 1932 INFORMATION TECHNOLOGY DIVI. Total 20,338.70 2105 PLANNING & ZONING 65095 OFFICE DEPOT OFFICE SUPPLIES 19.19 2105 PLANNING & ZONING Total 19.19 2126 BUILDING INSPECTION SERVICES 52080 AMERICAN DREAM HOME IMPROVEMENT REFUND: BUILDING PERMIT 221.00 52080 KNUDSEN CONSTRUCTION REFUND: BUILDING PERMIT 22.14 52080 139 ASHLAND LLC / SHARONE LAVI C/O 123 REMODELING REFUND: BUILDING PERMIT 2,812.00 62360 INTERNATIONAL CODE COUNCIL, INC.MEMBERSHIP 135.00 62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTION 1,900.00 129 of 359 CITY OF EVANSTON BILLS LIST PERIOD ENDING 01.26.2016 FY2015 62464 SAFEBUILT ILLINOIS BACKUP INSPECTIONS & PLAN REVIEWS 10,270.27 62645 MICROSYSTEMS INC.DIGITAL ARCHIVING 2015 4,917.05 65095 OFFICE DEPOT OFFICE SUPPLIES 515.05 2126 BUILDING INSPECTION SERVICES Total 20,792.51 2128 EMERGENCY SOLUTIONS GRANT 67110 CONNECTIONS FOR THE HOMELESS 2015 ESG GRANT 12,868.86 2128 EMERGENCY SOLUTIONS GRANT Total 12,868.86 2205 POLICE ADMINISTRATION 62225 ANDERSON PEST CONTROL PEST MANAGEMENT 52.76 62272 WEST GROUP PAYMENT CTR INFORMATION CHARGES 326.46 62770 ILLINOIS TOLLWAY TOLLS 1.42 64005 COMED UTILITIES 207.84 64015 NICOR UTILITIES 288.40 2205 POLICE ADMINISTRATION Total 876.88 2210 PATROL OPERATIONS 62490 EVANSTON FUNERAL & CREMATION BODY REMOVAL 1,386.00 62490 BEST TECHNOLOGY SYSTEMS, INC.BULLET TRAP CLEAN 845.00 65020 O'HERRON CO., INC., RAY UNIFORMS 370.30 65020 VCG UNIFORM UNIFORMS 120.00 65020 KIESLER POLICE SUPPLY, INC.UNIFORMS 674.80 2210 PATROL OPERATIONS Total 3,396.10 2215 CRIMINAL INVESTIGATION 65085 MID-STATES ORGANIZED CRIME INFORMATION CENTER 2015 ANNUAL MEMBERSHIP FEES 300.00 2215 CRIMINAL INVESTIGATION Total 300.00 2240 POLICE RECORDS 65095 OFFICE DEPOT OFFICE SUPPLIES-FILE 171.98 65095 OFFICE DEPOT OFFICE SUPPLIES-PLANNER/MARKER 65.11 65095 OFFICE DEPOT OFFICE SUPPLIES-PLAQUE 36.80 65095 OFFICE DEPOT OFFICE SUPPLIES-POST IT/FILE 32.94 65095 OFFICE DEPOT OFFICE SUPPLIES-TRAYS/TAPE 51.65 2240 POLICE RECORDS Total 358.48 2260 OFFICE OF ADMINISTRATION 62295 HENDERSON, FRANCESCA MEALS-40 CRISIS NEGOTIATIONS 75.00 62295 EVANSTON ATHLETIC CLUB HEALTH CLUB USAGE DECEMBER 2015 393.70 62295 SULLIVAN, TIMOTHY MEALS-INTERVIEWS & INTERROGATIONS 45.00 62295 RYAN CARRIGAN MEALS-INTERVIEWS & INTERROGATIONS 45.00 64565 COMCAST CABLE UTILITIES 124.31 2260 OFFICE OF ADMINISTRATION Total 683.01 2265 NEIGHBORHOOD ENFORCEMENT TEAM 65020 VCG UNIFORM UNIFORMS 125.43 2265 NEIGHBORHOOD ENFORCEMENT TEAM Total 125.43 2280 ANIMAL CONTROL 64015 NICOR UTILITIES 412.11 2280 ANIMAL CONTROL Total 412.11 2305 FIRE MGT & SUPPORT 62360 ADDISON FIRE PROTECTION DISTRICT #1 MEMBERSHIP 225.00 62518 EMSAR CHICAGO/MILWAUKEE STRETCHER MAINTENANCE 858.67 64015 NICOR UTILITIES 1,208.21 65010 PHYSIO-CONTROL, INC.EMS SUPPLIES 309.60 65020 AIR ONE EQUIPMENT UNIFORMS 1,762.00 65020 TODAY'S UNIFORMS INC.UNIFORMS 7,410.81 65050 HASTINGS AIR-ENERGY CONTROL EXHAUST REPAIR 448.95 65070 EMERGENCY MEDICAL PRODUCT EMS TOOLS 819.30 65070 FOX VALLEY FIRE & SAFETY ANSUL SERVICE 360.50 65070 HENRICHSEN FIRE & SAFETY EXTINGUISHER REFILL 26.00 2305 FIRE MGT & SUPPORT Total 13,429.04 2315 FIRE SUPPRESSION 62210 MERCURY PRINTING SERVICE AMBULANCE FORMS 371.20 62509 PHYSIO-CONTROL, INC.EMS SUPPLIES 240.28 62509 PRAXAIR DISTIBUTION INC MEDICAL OXYGEN 675.69 62509 ARROW INTERNATIONAL, INC.EMS SUPPLIES 295.00 65040 SAM'S CLUB DIRECT *SUPPLIES: JANITORIAL SUPPLIES 203.39 65095 OFFICE DEPOT OFFICE SUPPLIES 66.33 65625 PHYSIO-CONTROL, INC.EMS SUPPLIES 1,447.50 65625 FISHER SCIENTIFIC SCOTT SCBA PARTS LIST 1,911.32 2315 FIRE SUPPRESSION Total 5,210.71 2407 HEALTH SERVICES ADMIN 65095 OFFICE DEPOT OFFICE SUPPLIES 7.10 2407 HEALTH SERVICES ADMIN Total 7.10 2435 FOOD AND ENVIRONMENTAL HEALTH 62477 VERIZON WIRELESS COMMUNICATION CHARGES 205.68 64540 VERIZON WIRELESS COMMUNICATION CHARGES 119.60 2435 FOOD AND ENVIRONMENTAL HEALTH Total 325.28 230 of 359 CITY OF EVANSTON BILLS LIST PERIOD ENDING 01.26.2016 FY2015 2605 DIRECTOR OF PUBLIC WORKS 65095 OFFICE DEPOT OFFICE SUPPLIES 15.08 2605 DIRECTOR OF PUBLIC WORKS Total 15.08 2610 MUNICIPAL SERVICE CENTER 62225 ANDERSON PEST CONTROL PEST CONTROL SERVICES 604.20 62415 FLUORECYCLE, INC.FLUORESCENT LIGHT DEBRIS REMOVAL AND PICKUP 862.85 62518 ALARM DETECTION SYSTEMS, INC.ALARM SECURITY SERVICES CONTRACT AND MAINTENANCE 142.50 62518 FOX VALLEY FIRE & SAFETY FIRE ALARM INSPECTION ANNUAL CHARGE 1,491.00 62518 TYCO INTEGRATED SECURITY LLC ALARM SECURITY SERVICES 3,740.29 62518 TYCO INTEGRATED SECURITY LLC ALARM SECURITY SERVICES CONTRACT AND MAINTENANCE 1,046.15 64015 NICOR UTILITIES 877.83 65020 SILK SCREEN EXPRESS, INC.AFSCME 3 YR UNIFORM CONTRACT BID #: 15-54 22,430.00 65020 SILK SCREEN EXPRESS, INC.AFSCME UNIFORM PURCHASE 6,009.75 65050 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES-SERVICE CENTER 672.70 65050 HOLIAN INSULATION COMPANY INC.INSULATION WORK SERVICES 3,850.00 65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 207.83 2610 MUNICIPAL SERVICE CENTER Total 41,935.10 2625 ENGINEERING 65095 OFFICE DEPOT OFFICE SUPPLIES 60.02 2625 ENGINEERING Total 60.02 2630 TRAFFIC ENGINEERING 65095 OFFICE DEPOT OFFICE SUPPLIES 98.99 2630 TRAFFIC ENGINEERING Total 98.99 2640 TRAF. SIG. & ST. LIGHT. MAINT 64006 COMED UTILITIES 551.98 64007 COMED UTILITIES 1,618.04 64008 MC SQUARED ENERGY UTILITIES 196.28 2640 TRAF. SIG. & ST. LIGHT. MAINT Total 2,366.30 2650 PARKS AND FORESTRY ADMIN 65095 OFFICE DEPOT OFFICE SUPPLIES 63.92 2650 PARKS AND FORESTRY ADMIN Total 63.92 2655 PARKS & FORESTRY MAINT. & OPER. 62195 COMED UTILITIES 64.16 65070 REINDERS, INC.RELAY 37.11 2655 PARKS & FORESTRY MAINT. & OPER. Total 101.27 2665 STREETS AND SANITATION ADMINIS 65095 OFFICE DEPOT OFFICE SUPPLIES 471.90 65625 SAM'S CLUB DIRECT *SUPPLIES: FOOD 92.67 2665 STREETS AND SANITATION ADMINIS Total 564.57 2670 STREET AND ALLEY MAINTENANCE 62415 SHRED ALL RECYCLING SYSTEMS INC TIRE RECYCLING 388.84 62415 KLF TRUCKING LEAF HAULING AND DISPOSAL 7,800.00 65090 CINTAS FIRST AID & SUPPLY FIRST AID MAINTENANCE AND SERVICE 135.64 65115 ARTS & LETTERS LTD.SLIPPERY WHEN WET SIGNS 125.00 2670 STREET AND ALLEY MAINTENANCE Total 8,449.48 2677 FACILITIES 62225 MARK VEND COMPANY ALDERMANIC LIBRARY VENDING SERVICE 356.73 62225 LIONHEART ENGINEERING P.C.FLEET VEHICLE MAINTENANCE AND REPAIR 1,050.10 62245 COMCAST CABLE CABLE SERVICE 44.31 62245 RAYES BOILER & WELDING, LTD EMERGENCY PURCHASE OF CIVIC CENTER BOILER REPAIRS 1,776.00 64015 NICOR UTILITIES 527.11 65040 WAREHOUSE DIRECT INC.BUILDING MAINTENANCE SUPPLIES PURCHASE 2,579.28 65050 MARK VEND COMPANY VENDING MACHINE SUPPLY PURCHASE 483.17 65050 SMITHEREEN PEST MANAGEMENT SERVICES PEST CONTROL SERVICES 93.00 65050 SMITHEREEN PEST MANAGEMENT SERVICES REGULAR PEST MANAGEMENT SERVICES 93.00 65050 GREAT LAKES ELECTRICAL CONTRACTORS BEACH HOUSE GATES 440.30 2677 FACILITIES Total 7,443.00 2680 SNOW AND ICE CONTROL 65015 SNI SOLUTIONS, INC.GEO-MELT DEICING LIQUID PURCHASE 9000 GALLONS 6,556.40 65015 MORTON SALT ROCK SALT 209,065.15 2680 SNOW AND ICE CONTROL Total 215,621.55 3025 PARK UTILITIES 64005 COMED UTILITIES 1,970.92 64005 MC SQUARED ENERGY UTILITIES 1,641.13 64015 NICOR UTILITIES 209.69 3025 PARK UTILITIES Total 3,821.74 3030 CROWN COMMUNITY CENTER 64005 MC SQUARED ENERGY UTILITIES 3,250.58 64015 NICOR UTILITIES 106.95 3030 CROWN COMMUNITY CENTER Total 3,357.53 331 of 359 CITY OF EVANSTON BILLS LIST PERIOD ENDING 01.26.2016 FY2015 3035 CHANDLER COMMUNITY CENTER 62375 EVANSTON TOWNSHIP HIGH SCHOOL ETHS FIELD HOUSE RENTAL FOR TENNIS 2,200.00 64005 MC SQUARED ENERGY UTILITIES 1,318.93 64015 NICOR UTILITIES 205.12 3035 CHANDLER COMMUNITY CENTER Total 3,724.05 3040 FLEETWOOD JOURDAIN COM CT 64005 MC SQUARED ENERGY UTILITIES 3,330.80 64015 NICOR UTILITIES 262.27 65040 SAM'S CLUB DIRECT *SUPPLIES: JANITORIAL SUPPLIES 339.86 65110 COMCAST CABLE CABLE SERVICE 210.27 3040 FLEETWOOD JOURDAIN COM CT Total 4,143.20 3045 FLEETWOOD/JOURDAIN THEATR 62511 AGUIRRE, NICHOLIA DIRECTOR OF ECT AND TATOR TOTS COMPANY 1,189.50 3045 FLEETWOOD/JOURDAIN THEATR Total 1,189.50 3055 LEVY CENTER SENIOR SERVICES 62505 ENID BARON FACILITATING MEMOIRS GROUP 200.00 62511 COMCAST CABLE CABLE SERVICE 136.60 62695 303 TAXI TAXI COUPON REIMBURSEMENT 9,240.00 62695 AMERICAN CHARGE SERVICE TAXI COUPON REIMBURSEMENT 300.00 64005 MC SQUARED ENERGY UTILITIES 4,934.49 64015 NICOR UTILITIES 270.77 65025 SAM'S CLUB DIRECT *SUPPLIES: FOOD 150.74 65025 SMIGO MANAGEMENT GROUP CONGREGATE MEAL VENDOR - LEVY 2,251.33 65050 LENCO FLOORING SCREEN AND REFINISH GYM AND EXERCISE ROOM FLOORS 1,795.00 3055 LEVY CENTER SENIOR SERVICES Total 19,278.93 3065 BOAT RAMP-CHURCH ST 65040 INTELLIGENT PRODUCTS INC.MUTT MITT SINGLES & DISPENSER 128.68 3065 BOAT RAMP-CHURCH ST Total 128.68 3080 BEACHES 64005 MC SQUARED ENERGY UTILITIES 108.74 3080 BEACHES Total 108.74 3095 CROWN ICE RINK 62490 SAM'S CLUB DIRECT *SUPPLIES: STAFF TRAINING 56.86 62490 SAM'S CLUB DIRECT *SUPPLIES: SUPPLIES 17.98 64005 MC SQUARED ENERGY UTILITIES 9,751.74 64015 NICOR UTILITIES 320.84 65040 SUPERIOR INDUSTRIAL SUPPLY SANITARY NAPKIN RECEPTACLES 125.70 3095 CROWN ICE RINK Total 10,273.12 3100 SPORTS LEAGUES 65110 DES PLAINES MATERIAL & SUPPLY LLC YARD TOP SOIL 275.28 3100 SPORTS LEAGUES Total 275.28 3130 SPECIAL RECREATION 65025 SAM'S CLUB DIRECT *SUPPLIES: FOOD 52.16 3130 SPECIAL RECREATION Total 52.16 3215 YOUTH ENGAGEMENT DIVISION 62275 FEDERAL EXPRESS CORP.SHIPPING 20.10 62490 YOUTH JOB CENTER OF EVANSTON CAREER PATHWAYS PROGRAM 40,000.00 3215 YOUTH ENGAGEMENT DIVISION Total 40,020.10 3225 GIBBS-MORRISON CULTURAL CENTER 65040 SAM'S CLUB DIRECT *SUPPLIES: SUPPLIES 29.67 65110 SAM'S CLUB DIRECT *SUPPLIES: GMCC TV SUPPLIES 539.10 3225 GIBBS-MORRISON CULTURAL CENTER Total 568.77 3605 ECOLOGY CENTER 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 64.97 64005 MC SQUARED ENERGY UTILITIES 391.18 64015 NICOR UTILITIES 154.29 65110 MOBILE MINI, INC.MONTHLY POD STORAGE RENTAL 114.50 3605 ECOLOGY CENTER Total 724.94 3610 ECO-QUEST DAY CAMP 65020 EVANSTON IMPRINTABLES, INC.SUMMER SUMMIT T-SHIRTS 300.00 3610 ECO-QUEST DAY CAMP Total 300.00 3710 NOYES CULTURAL ARTS CENTER 62245 TGRWA, LLC REIMBURSEMENT 52.03 64005 MC SQUARED ENERGY UTILITIES 1,488.85 64015 NICOR UTILITIES 365.26 3710 NOYES CULTURAL ARTS CENTER Total 1,906.14 3720 CULTURAL ARTS PROGRAMS 62210 MATTHEW DOHERTY DESIGN LAKESHORE ARTS FESTIVAL BANNER 325.00 62511 ROADSIDE ATTRACTIONS MOVIE SCREENING 250.00 3720 CULTURAL ARTS PROGRAMS Total 575.00 432 of 359 CITY OF EVANSTON BILLS LIST PERIOD ENDING 01.26.2016 FY2015 3806 CIVIC CENTER SERVICES 64015 COMED UTILITIES 138.07 64015 NICOR UTILITIES 421.69 3806 CIVIC CENTER SERVICES Total 559.76 100 GENERAL FUND Total 700,283.94 175 GENERAL ASSISTANCE FUND 4605 GENERAL ASSISTANCE ADMIN 62315 PITNEY BOWES LEASE PAYMENTS 426.00 65095 OFFICE DEPOT OFFICE SUPPLIES 40.47 4605 GENERAL ASSISTANCE ADMIN Total 466.47 175 GENERAL ASSISTANCE FUND Total 466.47 176 HEALTH AND HUMAN SERVICES 4651 HEALTH & HUMAN SERVICES 62491 PRESENCE BEHAVIORAL HEALTH MENTAL HEALTH CRISIS SERVICE DEC 6,444.44 4651 HEALTH & HUMAN SERVICES Total 6,444.44 176 HEALTH AND HUMAN SERVICES Total 6,444.44 205 EMERGENCY TELEPHONE (E911) FUND 5150 EMERGENCY TELEPHONE SYSTM 62509 IRON MOUNTAIN OSDP OFF-SITE DATA PROTECTION MONTHLY EXPENSES 399.76 64505 AT & T UTILITIES 573.32 65085 MOTOROLA SOLUTIONS, INC.COMMUNICATION CHARGES 281.52 5150 EMERGENCY TELEPHONE SYSTM Total 1,254.60 205 EMERGENCY TELEPHONE (E911) FUND Total 1,254.60 215 CDBG FUND 5170 PUBLIC IMPROVEMENTS 62795 GRAYBAR ELECTRIC 2015 SAFER NEIGHBORHOOD PROJECT - TALLMADGE LIGHTS 2,982.50 5170 PUBLIC IMPROVEMENTS Total 2,982.50 5187 REHAB CONSTRUCTION ADMIN 65535 COOK COUNTY RECORDER OF DEEDS RECORDINGS 100.00 5187 REHAB CONSTRUCTION ADMIN Total 100.00 5220 CDBG ADMINISTRATION 62490 TSHEETS.COM, LLC TIME AND ACTIVITY TRACKING SYSTEM 1,152.00 65095 OFFICE DEPOT OFFICE SUPPLIES 590.42 5220 CDBG ADMINISTRATION Total 1,742.42 215 CDBG FUND Total 4,824.92 220 CDBG LOAN 5280 CD LOAN 65535 COOK COUNTY RECORDER OF DEEDS RECORDINGS 118.00 5280 CD LOAN Total 118.00 5295 GARAGE DEMOLITION 65535 COOK COUNTY RECORDER OF DEEDS RECORDINGS 40.00 5295 GARAGE DEMOLITION Total 40.00 220 CDBG LOAN Total 158.00 225 ECONOMIC DEVELOPMENT FUND 5300 ECON. DEVELOPMENT FUND 62295 AGNEW, CHARLIESE *REIMBURSEMENT: WORKFORCE DEV. LIV.119.49 62662 MAKE IT BETTER LLC EVANSTON BUSINESS DISTRICT ADVERTISEMENT 3,000.00 65522 HOWARD STREET BUSINESS ASSOCIATION PLANTERS AND PLANTINGS ON HOWARD STREET 292.00 5300 ECON. DEVELOPMENT FUND Total 3,411.49 225 ECONOMIC DEVELOPMENT FUND Total 3,411.49 240 HOME FUND 5430 HOME FUND 65535 CONNECTIONS FOR THE HOMELESS 2015 TBRA GRANT 12,282.27 5430 HOME FUND Total 12,282.27 240 HOME FUND Total 12,282.27 533 of 359 CITY OF EVANSTON BILLS LIST PERIOD ENDING 01.26.2016 FY2015 250 AFFORDABLE HOUSING FUND 5465 AFFORDABLE HOUSING 62490 GOSS & ASSOCIATES, INC.HANDYMAN PROGRAM 4,083.71 5465 AFFORDABLE HOUSING Total 4,083.71 250 AFFORDABLE HOUSING FUND Total 4,083.71 330 HOWARD-RIDGE TIF FUND 5860 HOWARD RIDGE TIF 56010 VALUE REMODELING INC CONSTRUCTION OF ACCESSIBLE WASHROOM - 745 HOWARD 15,500.00 5860 HOWARD RIDGE TIF Total 15,500.00 330 HOWARD-RIDGE TIF FUND Total 15,500.00 415 CAPITAL IMPROVEMENTS FUND 4150 CAPITAL PROJECTS 416127 62145 SMITHGROUPJJR, INC.RFP 14-37, CHURCH STREET BOAT RAMP 2,006.70 415179 62145 MCGUIRE ENGINEERS, INC.POLICE/FIRE HQ DATA CENTER - EMERGENCY ENGINEERING 742.50 416455 62145 TERRA ENGINEERING, LTD LADD ARBORETUM - PHASE 3 ENGINEERING 6,725.19 62185 COMMUNITY COUNSELLING SERVICE CROWN CENTER FEASIBILITY STUDY 25,000.00 415416 65502 G.A. JOHNSON AND SON BID #15-33 CURREY PARK RENOVATIONS 51,048.81 416456 65502 G.A. JOHNSON AND SON BID #15-33 CURREY PARK RENOVATIONS 78,255.36 415179 65515 CENTRAL RUG & CARPET CO.CARPET TILE AND INSTALLATION IN RECREATION SUITE 18,400.00 415179 65515 SCHNEIDER ELECTRIC BUILDINGS AMERICA PURCHASE/UPGRADE OF EXISTING BAS SYSTEM 12,102.00 65515 FLADER PLUMBING & HEATING *PLUMBING WORK 7,050.00 65515 MITY-LITE INC.TABLES FOR GMCC 1,736.30 415864 65515 SCHROEDER & SCHROEDER INC 2015 50/50 SIDEWALK REPLACEMENT PROGRAM 91,904.20 415870 65515 SCHROEDER & SCHROEDER INC 2015 50/50 SIDEWALK REPLACEMENT PROGRAM 75,000.00 65515 ROBINSON, CHRISTOPHER PAINTING GIBBS MORRISON 3,030.00 415179 65515 WSI MACHINERY - WOOD WERKS SUPPLY INC.SHAPER FOR COUNCIL CHAMBER MILLWORK 2,995.00 65515 TGRWA, LLC THEATER ROOF EVALUATION 1,500.00 65515 EVANSTON SIGNS GRAPHICS, INC.INSTALLATION 200.00 4150 CAPITAL PROJECTS Total 377,696.06 415 CAPITAL IMPROVEMENTS FUND Total 377,696.06 505 PARKING SYSTEM FUND 7005 PARKING SYSTEM MGT 53510 COOK COUNTY COLLECTOR *PARKING TAXES 110.00 700514 65515 SCHROEDER & SCHROEDER INC 2015 50/50 SIDEWALK REPLACEMENT PROGRAM 33,200.00 7005 PARKING SYSTEM MGT Total 33,310.00 7015 PARKING LOTS & METERS 65070 DUNCAN PARKING TECHNOLOGIES, INC.MONTHLY FEE PER PARKING METER 12,586.00 65070 PASSPORT PARKING, INC`MONTHLY MOBILE PAY FEE DECEMBER 2015 4,201.75 7015 PARKING LOTS & METERS Total 16,787.75 7025 CHURCH STREET GARAGE 53500 COOK COUNTY COLLECTOR *PARKING TAXES 1,236.00 64005 MC SQUARED ENERGY UTILITIES 4,442.24 7025 CHURCH STREET GARAGE Total 5,678.24 7036 SHERMAN GARAGE 53500 COOK COUNTY COLLECTOR *PARKING TAXES 1,838.00 62509 EAP CONSULTANTS, INC.EAP MONTHLY INVOICE-CONSULTING SERVICES 250.00 64005 MC SQUARED ENERGY UTILITIES 7,894.52 7036 SHERMAN GARAGE Total 9,982.52 7037 MAPLE GARAGE 53500 COOK COUNTY COLLECTOR *PARKING TAXES 1,299.00 53510 COOK COUNTY COLLECTOR *PARKING TAXES 459.00 64005 MC SQUARED ENERGY UTILITIES 7,931.73 7037 MAPLE GARAGE Total 9,689.73 505 PARKING SYSTEM FUND Total 75,448.24 510 WATER FUND 7100 WATER GENERAL SUPPORT 62245 CDM SMITH, INC.SCADA SUPPORT SERVICES (14-02)9,400.55 62273 COOK COUNTY RECORDER OF DEEDS FILING OF 28 WATER LIENS 1,120.00 64505 BYTRONICS, INC., BASIN TECH CENTRE MONTHLY SUPPORT FOR DIGTRACK TICKETS 100.00 7100 WATER GENERAL SUPPORT Total 10,620.55 7105 PUMPING 64005 MC SQUARED ENERGY UTILITIES 65,261.08 64015 NICOR UTILITIES 944.94 65035 KELLER HEARTT CO, INC.2015 ANNUAL LUBE 3,246.90 7105 PUMPING Total 69,452.92 634 of 359 CITY OF EVANSTON BILLS LIST PERIOD ENDING 01.26.2016 FY2015 7110 FILTRATION 62465 EUROFINS EATON ANALYTICAL LABORATORY TESTING-ROUTINE COMPLIANCE 445.00 65085 SWANSON FLO CO.VALMATIC 2020 BUTTERFLY VALVE & ACTUATOR 7,762.00 7110 FILTRATION Total 8,207.00 7120 WATER METER MAINTENANCE 62245 M.E. SIMPSON COMPANY INC LARGE METER TESTING 2,600.00 7120 WATER METER MAINTENANCE Total 2,600.00 7125 OTHER OPERATIONS 62180 WISS, JANNEY, ELSTNER ASSOCIATES INC.STRUCTURAL & ROOFING EVAL SVCS-S. WATER TANK STORAGE GARAGE 9,200.00 7125 OTHER OPERATIONS Total 9,200.00 510 WATER FUND Total 100,080.47 513 WATER DEPR IMPRV & EXTENSION FUND 7330 WATER FUND DEP, IMP, EXT 733094 62140 CDM SMITH, INC.WATER PLANT RELIABILITY IMPROVEMENTS DESIGN ENGINEERING 92,673.99 7330 WATER FUND DEP, IMP, EXT Total 92,673.99 513 WATER DEPR IMPRV & EXTENSION FUND Total 92,673.99 520 SOLID WASTE FUND 7685 REFUSE COLLECT & DISPOSAL 56155 LOCEY, DAVID REFUND FOR YARD WASTE CART 82.50 7685 REFUSE COLLECT & DISPOSAL Total 82.50 7690 RESIDENTIAL RECYCLING COL 62415 COLLECTIVE RESOURCE INC.COLLECTION OF PLASTIC BAG AND FILM PACKAGING 75.00 64015 NICOR UTILITIES 229.81 7690 RESIDENTIAL RECYCLING COL Total 304.81 520 SOLID WASTE FUND Total 387.31 600 FLEET SERVICES FUND 7710 MAJOR MAINTENANCE 62355 CINTAS #22 WEEKLY UNIFORM SERVICE 149.21 62355 CINTAS CORPORATION #769 WEEKLY MAT SERVICE 408.02 65035 CITY WELDING SALES & SERVICE INC.WELDING GASES 129.45 65060 CINTAS #22 WEEKLY UNIFORM SERVICE 146.96 65060 CUMBERLAND SERVICENTER #714 WINDOW REPLACEMENT 231.86 65060 CUMBERLAND SERVICENTER TACHOMETER 92.65 65060 GROVER WELDING COMPANY #575 BRACKET FOR HOSES 256.90 65060 GROVER WELDING COMPANY SHOP STOCK 131.03 65060 INTERSTATE BATTERY OF NORTHERN CHICAGO NEW BATTERY 90.68 65060 LEACH ENTERPRISES, INC.#165 BRAKE PADS 533.67 65060 MONROE TRUCK EQUIPMENT #624 SPREADER DEFLECTOR 229.70 65060 MOTION INDUSTRIES INC.FITTINGS 447.84 65060 NORTH SHORE TOWING #811 TOW TO GMF 90.00 65060 PATTEN INDUSTRIES #683 LUG BOLTS 45.87 65060 STANDARD EQUIPMENT COMPANY SPOOL VALVE 506.48 65060 WHOLESALE DIRECT INC 2 GEAR BOXES 981.97 65060 WHOLESALE DIRECT INC OVAL FLASH, LED HEAD AMBER 147.14 65060 WHOLESALE DIRECT INC SPREADER PARTS 566.20 65060 ZARNOTH BRUSH WORKS, INC.WAFER BROOM REFILL 262.60 65060 BALTIC MARINE SERVICES, INC.#302& 303 REPAIRS 501.77 65060 BALTIC MARINE SERVICES, INC.#429 BOAT REPAIRS 200.00 65060 BALTIC MARINE SERVICES, INC.#431 BOAT REPAIRS 305.00 65060 BALTIC MARINE SERVICES, INC.#433 BOAT REPAIRS 2,447.79 65060 BALTIC MARINE SERVICES, INC.#436 BOAT REPAIRS 355.00 65060 BALTIC MARINE SERVICES, INC.#445 BOAT REPAIR 305.00 65060 ULINE 48X24 STEEL PEGBOARD 225.78 65060 CARQUEST EVANSTON #87 BELT TENSIONERS 27.99 65060 CARQUEST EVANSTON 2 SPPED HD FAN 41.35 65060 CARQUEST EVANSTON MINIATURE LAMP 112.36 65060 CARQUEST EVANSTON VOLT 2 SPEED FAN 75.66 65060 GOLF MILL FORD #18 P/S HOSE 107.05 65060 GOLF MILL FORD #46 MIRROR ASSY 228.53 65060 GOLF MILL FORD #51 BUSHINGS 11.48 65060 GOLF MILL FORD #51 REPLACED CATALTIC CONVERTER 247.13 65060 GOLF MILL FORD #546 CLAMP 24.80 65060 GOLF MILL FORD #546 FILTERS & CLAMPS 42.54 65060 GOLF MILL FORD #546 GASKET KIT 84.42 65060 GOLF MILL FORD #546 OIL PUMP 201.20 65060 GOLF MILL FORD #546 REGULATOR 201.90 65060 GOLF MILL FORD #811 REPLACE THROTTLE BODY & MOTOR 496.60 65060 GOLF MILL FORD RETURN: AUTO PARTS -75.84 65060 GOLF MILL FORD TIRE STEMS 59.16 65060 CHICAGO PARTS & SOUND, LLC ALTERNATOR ASY 431.73 65060 ADVANCED PROCLEAN INC.POWER WASHING 1,039.90 65060 APC STORES, INC., DBA BUMPER TO BUMPER BACK-UP LAMP 32.52 735 of 359 CITY OF EVANSTON BILLS LIST PERIOD ENDING 01.26.2016 FY2015 65060 APC STORES, INC., DBA BUMPER TO BUMPER FUEL FILTER 54.68 65060 APC STORES, INC., DBA BUMPER TO BUMPER HD BAND CLAMP 55.68 65060 APC STORES, INC., DBA BUMPER TO BUMPER HYD FITTING 96.53 65060 APC STORES, INC., DBA BUMPER TO BUMPER MICRO-V BELTS 226.90 65060 APC STORES, INC., DBA BUMPER TO BUMPER PIGTAIL 40.50 65060 APC STORES, INC., DBA BUMPER TO BUMPER RETURN: HD BAND CLAMP -55.68 65060 APC STORES, INC., DBA BUMPER TO BUMPER TENSIONER 34.59 65060 THE CHEVROLET EXCHANGE #44 RADIATOR 441.07 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #736 STARTER 216.79 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #919 REGEN 148.20 65060 MILLER HYDRAULIC SERVICE, INC.HYDRAULIC CYLINDER 351.01 65060 MILLER HYDRAULIC SERVICE, INC.REBUILD DRIVE VALVE 204.87 65065 WENTWORTH TIRE SERVICE #659 TIRE REPAIR 637.97 65065 WENTWORTH TIRE SERVICE #680 4 NEW TIRES 2,548.48 65065 WENTWORTH TIRE SERVICE 2 NEW TIRES 636.95 65065 WENTWORTH TIRE SERVICE 4 NEW TIRES 829.68 65065 WENTWORTH TIRE SERVICE RETURN: TIRES -447.89 65065 WENTWORTH TIRE SERVICE TIRE REPAIR 167.00 7710 MAJOR MAINTENANCE Total 19,366.38 600 FLEET SERVICES FUND Total 19,366.38 601 EQUIPMENT REPLACEMENT FUND 7780 VEHICLE REPLACEMENTS 62402 NISSAN MOTOR ACCEPTANCE CORP MONTHLY LEASE PAYMENT FOR 3 NISSAN LEAFS VEHICLES 927.44 7780 VEHICLE REPLACEMENTS Total 927.44 601 EQUIPMENT REPLACEMENT FUND Total 927.44 605 INSURANCE FUND 7800 RISK MANAGEMENT 62310 NORTHSHORE UNIVERSITY HEALTH SYSTEM OMEGA QUARTERLY EMPLOYEE MEDICAL SCREENINGS 640.00 7800 RISK MANAGEMENT Total 640.00 605 INSURANCE FUND Total 640.00 700 FIRE PENSION FUND 8000 FIREFIGHTERS' PENSION 61755 DAUGHERTY, DERON K *CONTINUING EDUCATION 400.00 61755 NORTHERN TRUST COMPANY *INVESTMENT FEES 2,582.09 61755 NORTHERN ILLINOIS UNIVERSITY *CONTINUING EDUCATION 400.00 61755 NORTHERN ILLINOIS UNIVERSITY *IPPFA TRUSTEE PROGRAM 250.00 8000 FIREFIGHTERS' PENSION Total 3,632.09 700 FIRE PENSION FUND Total 3,632.09 Grand Total 1,420,590.37 836 of 359 CITY OF EVANSTON BILLS LIST PERIOD ENDING 01.26.2016 FY2015 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT SUPPLEMENTAL BILLS LIST ATTACHMENT Grand Total 1,420,590.37 PREPARED BY DATE APPROVED BY DATE 937 of 359 CITY OF EVANSTON BILLS LIST PERIOD ENDING 01.26.2016 FY2016 100 GENERAL FUND 100 GENERAL SUPPORT 21650 NATIONAL GUARDIAN LIFE INSURANCE CO.NGL INSURANCE-MONTHLY INVOICE 249.85 100 GENERAL SUPPORT Total 249.85 1510 PUBLIC INFORMATION 62205 EVANSTON NOW, LLC SUMMER CAMP AD CAMPAIGN 286.00 1510 PUBLIC INFORMATION Total 286.00 1920 FINANCE DIVISION - ACCOUNTING 62340 ARCHIVE SOCIAL ARCHIVING SERVICES PURCHASE 1,982.04 1920 FINANCE DIVISION - ACCOUNTING Total 1,982.04 1929 HUMAN RESOURCE DIVISION 62270 NORTHSHORE UNIVERSITY HEALTH SYSTEM OMEGA ANNUAL RANDOM CDL PROGRAM 7,776.00 1929 HUMAN RESOURCE DIVISION Total 7,776.00 2126 BUILDING INSPECTION SERVICES 62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTION 100.00 2126 BUILDING INSPECTION SERVICES Total 100.00 2210 PATROL OPERATIONS 62490 BEST TECHNOLOGY SYSTEMS, INC.DISPOSAL HAZARDOUS WASTE 240.00 65020 VCG UNIFORM UNIFORMS 136.35 65020 KIESLER POLICE SUPPLY, INC.UNIFORMS 1,152.60 2210 PATROL OPERATIONS Total 1,528.95 2250 SERVICE DESK 62425 COLLEY ELEVATOR CO.ELEVATOR INSPECTION 181.00 2250 SERVICE DESK Total 181.00 2260 OFFICE OF ADMINISTRATION 62295 Ewa Bonislawski MEALS-EMERGENCY SPANISH 45.00 2260 OFFICE OF ADMINISTRATION Total 45.00 2270 TRAFFIC BUREAU 62490 NORTH SHORE TOWING TOW & HOOK 50.00 2270 TRAFFIC BUREAU Total 50.00 2440 VITAL RECORDS 65095 MSF GRAPHICS, INC.BIRTH CERTIFICATES 988.00 2440 VITAL RECORDS Total 988.00 2610 MUNICIPAL SERVICE CENTER 62225 SMITHEREEN PEST MANAGEMENT SERVICES PEST CONTROL SERVICES 93.00 2610 MUNICIPAL SERVICE CENTER Total 93.00 3020 REC GENERAL SUPPORT 62210 ACTION PRINTING 2016 SUMMER CAMP GUIDES 4,362.44 3020 REC GENERAL SUPPORT Total 4,362.44 3040 FLEETWOOD JOURDAIN COM CT 62225 STA-KLEEN INC.BAFFLE WITH CLIPS 41.00 3040 FLEETWOOD JOURDAIN COM CT Total 41.00 3055 LEVY CENTER SENIOR SERVICES 62509 CINTAS CORPORATION #769 MONTHLY MAT SERVICE-LEVY 194.85 3055 LEVY CENTER SENIOR SERVICES Total 194.85 100 GENERAL FUND Total 17,878.13 176 HEALTH AND HUMAN SERVICES 4651 HEALTH & HUMAN SERVICES 62491 PRESENCE BEHAVIORAL HEALTH MENTAL HEALTH CRISIS SERVICE 6,444.44 4651 HEALTH & HUMAN SERVICES Total 6,444.44 176 HEALTH AND HUMAN SERVICES Total 6,444.44 38 of 359 CITY OF EVANSTON BILLS LIST PERIOD ENDING 01.26.2016 FY2016 205 EMERGENCY TELEPHONE (E911) FUND 5150 EMERGENCY TELEPHONE SYSTM 62509 CHICAGO COMMUNICATIONS, LLC.ZETRON IP FSA SERVICE AGREEMENT RENEWAL CONTRACT YEAR 2015/2016 660.00 62509 MOTOROLA SOLUTIONS, INC.ANNUAL (2016) MAINTENANCE AGREEMENT RENEWAL FOR RADIO SYSTEM 19,846.59 5150 EMERGENCY TELEPHONE SYSTM Total 20,506.59 205 EMERGENCY TELEPHONE (E911) FUND Total 20,506.59 415 CAPITAL IMPROVEMENTS FUND 4116 2016 BOND PROJECTS 416450 65515 UNION PACIFIC RAILROAD COMPANY *UPRR FOLDER #2621-68 1,000.00 4116 2016 BOND PROJECTS Total 1,000.00 415 CAPITAL IMPROVEMENTS FUND Total 1,000.00 Grand Total 45,829.16 39 of 359 CITY OF EVANSTON BILLS LIST PERIOD ENDING 01.26.2016 FY2016 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT SUPPLEMENTAL BILLS LIST ATTACHMENT INSURANCE VARIOUS VARIOUS CASUALTY LOSS 51,096.46 VARIOUS VARIOUS WORKERS COMP 4,444.82 VARIOUS VARIOUS WORKERS COMP 13,245.67 VARIOUS VARIOUS CASUALTY LOSS 616.40 69,403.35 VARIOUS VARIOUS TWIN EAGLE NATURAL GAS-NOVEMBER, 2015 22,750.00 VARIOUS WELLS FARGO DEBT SERVICE PAYMENTS 2,157,663.12 2,180,413.12 2,249,816.47 Grand Total 2,295,645.63 PREPARED BY DATE APPROVED BY DATE 40 of 359 To: Honorable Mayor, Members of the City Council Administration and Public Works Committee From: Richard Eddington, Chief of Police Jody Wright, Sergeant Subject: Sole Source Purchase of 30 TASER X26P Units with Equipment Date: January 7, 2016 Recommendation Staff recommends City council authorize the purchase of 30 TASER X26P Conducted Electrical Weapons (CEW) along with 30 TASER Cam HD Recorders (CEW power source); each to be covered by a 4 year extended warranty. In addition, as a complement to the CEW purchase, purchase of 25 Blackhawk X26P TASER holsters and 60 21-foot field use cartridges. The CEWs, cartridges, and holsters will be purchased from TASER International who is the manufacturer and sole source provider of the CEW. The total estimated purchase price with shipping and handling is $60,072.65. This price includes a trade-in credit of $1,799.85 for 12 TASER X26E units that are no longer deployable for field use. Funding Source The cost of the thirty TASER X26P Units, TASER Cam HD Recorders, and complementing equipment will be charged to reserve account #100.41340 (Reserve – Narcotics Seizures). This account has a balance of $253,660.49 as of December 31, 2015. Summary Currently there are 19 operational TASERs distributed throughout the police department. The additional TASERs would bring the inventory to 49, and would allow the police department to equip every working patrol and specialty unit on any given shift. Memorandum For City Council meeting of January 25, 2016 Item A3.1 Business of the City by Motion: Purchase of 30 TASER Units with Equipment and Taser Cam HD Recorders For Action 41 of 359 Attachments: City of Evanston Requisition form TASER Purchase Invoice TASER sole source letter TASER extended warranty information 42 of 359 43 of 359 44 of 359 45 of 359 46 of 359 47 of 359 48 of 359 49 of 359 50 of 359 51 of 359 To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Bob Dorneker, Assistant Director, Parks and Recreation Subject: Approval of Tennis Contract Renewal with E-Town Tennis, Inc. Date: January 25, 2016 Recommended Action Staff recommends that City Council authorize the City Manager to execute the two (2) year agreement renewal option with E Town Tennis, Inc. (320 S. Butterfield Road, Libertyville, IL) to provide tennis instruction for the Recreation Division’s youth and adult tennis programs. The Agreement is effective from January 31, 2016 through December 31, 2017. Funding Source: The program is funded out of the operating budget in account 100.30.3035.62505 and revenues vary depending on program registration. Compensation for the vendor is based on percentages of revenue collected, which are not changing from the original agreement: PROGRAM PERCENTAGE OF REVENUE TO VENDOR PERCENTAGE OF REVENUE TO CITY Summer Youth Camps Youth and Adult Classes 70% 30% Youth and Adult Private and Semi-Private Lessons and Leagues 85% 15% The current agreement with E town Tennis, Inc. expires January 30, 2016. The FY2016 budgeted tennis revenue is $105,000 and expense is $83,000. All expenses for the program are covered by participation fees and program expenses are within budget. Memorandum For City Council meeting of January 25, 2016 Item A3.2 Business of the City by Motion: Contract Renewal for Tennis Instruction For Action 52 of 359 Summary In November 2012, RFP #12-180 was issued and E-town Tennis, Inc. was awarded a three year agreement with a mutual option to renew for two additional years, beginning on January 31, 2013. During the 2013 to 2015 period, they have provided quality instructional services for the Recreation Division’s youth and adult tennis program. As a result, staff is requesting approval of the two year extension to their existing agreement, which will extend their services to December 31, 2017. E Town Tennis is organized and coordinated by Ken Herrmann, a well-established tennis instructor and program coordinator. The majority of their instructors are from Evanston including current members of Evanston community organizations, such as the Evanston Community Tennis Association. E-Town Tennis is responsible for providing administration to the tennis programs, staffing, training, curriculum and equipment. Recreation staff is responsible for handling registration, promoting the tennis program, coordinating tennis court sites throughout the city, including use of James Park, Robert Crown Park, Leahy Park and Lovelace Park, as well as, Evanston Township High School Field House. In 2015, there were almost 730 participants in the City of Evanston program. Gross revenues for the program were over $103,000. The City has achieved net revenues of approximately $21,560 for the 2015 fiscal year. This agreement with E-Town does not include our Community Tennis Program (classes for residents which are offered at a nominal fee and are heavily subsidized). Attachments: Contract Agreement with E-Town Tennis Inc. 53 of 359 1 Revised 7-13 CITY OF EVANSTON PROFESSIONAL SERVICES AGREEMENT The parties referenced herein desire to enter into an agreement for professional services for Tennis Program for the City of Evanston RFP #12-180—2 YEAR CONTRACT EXTENSION THIS AGREEMENT (hereinafter referred to as the “Agreement”) entered into this ___ day of ________________, 20___, between the City of Evanston, an Illinois municipal corporation with offices located at 2100 Ridge Avenue, Evanston Illinois 60201 (hereinafter referred to as the “City”), and E-Town Tennis, with offices located at 320 S. Butterfield Road, Libertyville, IL 60048, (hereinafter referred to as the “Consultant”). Compensation for all basic Services (“the Services”) provided by the Consultant pursuant to the terms of this Agreement shall not exceed $83,000.00. I. COMMENCEMENT DATE Consultant shall commence the Services on January 31, 2016 or no later than three (3) DAYS AFTER City executes and delivers this Agreement to Consultant. II. COMPLETION DATE Consultant shall complete the Services by December 31, 2017. If this Agreement provides for renewals after an initial term, no renewal shall begin until agreed to in writing by both parties prior to the completion date of this Agreement. III. PAYMENTS (percentage of collected revenues for City and Consultant): 54 of 359 2 Revised 7-13 PROGRAM PERCENTAGE OF REVENUE TO CONSULTANT PERCENTAGE OF REVENUE TO CITY Youth and Adult Camps/Classes 70% 30% Youth and Adult Private and Semi-Private Lessons, Leagues 85% 15% IV. DESCRIPTION OF SERVICES Consultant shall perform the services (the “Services”) set forth here: Services are those as defined in Exhibit A, the City’s Request for Proposal/Qualifications No. # 12- 180 (Exhibit B) and Consultant’s Response to the Proposal (Exhibit C). Services may include, if any, other documented discussions and agreements regarding scope of work and cost (Exhibit D). V. GENERAL PROVISIONS A. Services. Consultant shall perform the Services in a professional and workmanlike manner. All Services performed and documentation (regardless of format) provided by Consultant shall be in accordance with the standards of reasonable care and skill of the profession, free from errors or omissions, ambiguities, coordination problems, and other defects. Consultant shall take into account any and all applicable plans and/or specifications furnished by City, or by others at City’s direction or request, to Consultant during the term of this Agreement. All materials, buildings, structures, or equipment designed or selected by Consultant shall be workable and fit for the intended use thereof, and will comply with all applicable governmental requirements. Consultant shall require its employees to observe the working hours, rules, security regulations and holiday schedules of City while working and to perform its Services in a manner which does not unreasonably interfere with the City’s business and operations, or the business and operations of other tenants and occupants in the City which may be affected by the work relative to this Agreement. Consultant shall take all necessary precautions to assure the safety of its employees who are engaged in the performance of the Services, all equipment and supplies used in connection therewith, and all property of City or other parties that may be affected in connection therewith. If requested by City, Consultant shall promptly replace any employee or agent performing the Services if, in the opinion of the City, the performance of the employee or agent is unsatisfactory. Consultant is responsible for conforming its final work product to generally accepted professional standards for all work performed pursuant to this Agreement. Consultant is an independent Consultant and is solely responsible for all taxes, withholdings, and other statutory or contractual obligations of any sort, including but not limited to, Worker’s Compensation Insurance. Nothing in this Agreement accords 55 of 359 3 Revised 7-13 any third-party beneficiary rights whatsoever to any non-party to this Agreement that any non-party may seek to enforce. Consultant acknowledges and agrees that should Consultant or its subconsultants provide false information, or fail to be or remain in compliance with this Agreement, the City may void this Agreement. The Consultant warrants and states that it has read the Contract Documents, and agrees to be bound thereby, including all performance guarantees as respects Consultant’s work and all indemnity and insurance requirements. The Consultant shall obtain prior approval from the City prior to subcontracting with any entity or person to perform any of the work required under this Agreement. If the Consultant subcontracts any of the services to be performed under this Agreement, the subconsultant agreement shall provide that the services to be performed under any such agreement shall not be sublet, sold, transferred, assigned or otherwise disposed of to another entity or person without the City’s prior written consent. The Consultant shall be responsible for the accuracy and quality of any subconsultant’s work. All subconsultant agreements shall include verbatim or by reference the provisions in this Agreement binding upon Consultant as to all Services provided by this Agreement, such that it is binding upon each and every subconsultant that does work or provides Services under this Agreement. The Consultant shall cooperate fully with the City, other City contractors, other municipalities and local government officials, public utility companies, and others, as may be directed by the City. This shall include attendance at meetings, discussions and hearings as requested by the City. This cooperation shall extend to any investigation, hearings or meetings convened or instituted by OSHA relative to this Project, as necessary. Consultant shall cooperate with the City in scheduling and performing its Work to avoid conflict, delay in or interference with the work of others, if any, at the Project. Except as otherwise provided herein, the nature and scope of Services specified in this Agreement may only be modified by a writing approved by both parties. This Agreement may be modified or amended from time to time provided, however, that no such amendment or modification shall be effective unless reduced to writing and duly authorized and signed by the authorized representatives of the parties. B. Representation and Warranties. Consultant represents and warrants that: (1) Consultant possesses and will keep in force all required licenses to perform the Services, (2) the employees of Consultant performing the Services are fully qualified, licensed as required, and skilled to perform the Services. C. Termination. City may, at any time, with or without cause, terminate this Agreement upon seven (7) days written notice to Consultant. If the City terminates this agreement, the City will make payment to Consultant for Services performed prior to termination. Payments made by the City pursuant to this Agreement are subject to sufficient appropriations made by the City of Evanston City Council. In the event of termination resulting from non-appropriation or insufficient appropriation by 56 of 359 4 Revised 7-13 the City Council, the City’s obligations hereunder shall cease and there shall be no penalty or further payment required. In the event of an emergency or threat to the life, safety or welfare of the citizens of the City, the City shall have the right terminate this Agreement without prior written notice. Within thirty (30) days of termination of this Agreement, the Consultant shall turn over to the City any documents, drafts, and materials, including but not limited to, outstanding work product, data, studies, test results, source documents, AutoCad Version 2007, PDF, ArtView, Word, Excel spreadsheets, technical specifications and calculations, and any other such items specifically identified by the City related to the Services herein. D. Independent Consultant. Consultant’s status shall be that of an independent Consultant and not that of a servant, agent, or employee of City. Consultant shall not hold Consultant out, nor claim to be acting, as a servant, agent or employee of City. Consultant is not authorized to, and shall not, make or undertake any agreement, understanding, waiver or representation on behalf of City. Consultant shall at its own expense comply with all applicable workers compensation, unemployment insurance, employer’s liability, tax withholding, minimum wage and hour, and other federal, state, county and municipal laws, ordinances, rules, regulations and orders. Consultant agrees to abide by the Occupational Safety & Health Act of 1970 (OSHA), and as the same may be amended from time to time, applicable state and municipal safety and health laws and all regulations pursuant thereto. E. Conflict of Interest. Consultant represents and warrants that no prior or present services provided by Consultant to third parties conflict with the interests of City in respect to the Services being provided hereunder except as shall have been expressly disclosed in writing by Consultant to City and consented to in writing to City. F. Ownership of Documents and Other Materials. All originals, duplicates and negatives of all plans, drawings, reports, photographs, charts, programs, models, specimens, specifications, AutoCad Version 2007, Excel spreadsheets, PDF, and other documents or materials required to be furnished by Consultant hereunder, including drafts and reproduction copies thereof, shall be and remain the exclusive property of City, and City shall have the unlimited right to publish and use all or any part of the same without payment of any additional royalty, charge, or other compensation to Consultant. Upon the termination of this Agreement, or upon request of City, during any stage of the Services, Consultant shall promptly deliver all such materials to City. Consultant shall not publish, transfer, license or, except in connection with carrying out obligations under this Agreement, use or reuse all or any part of such reports and other documents, including working pages, without the prior written approval of City, provided, however, that Consultant may retain copies of the same for Consultant’s own general reference. G. Payment. Invoices for payment shall be submitted by Consultant to City at the address set forth above, together with reasonable supporting documentation, City may require such additional supporting documentation as City reasonably deems necessary or desirable. Payment shall be made in accordance with the Illinois Local Government Prompt Payment Act, after City’s receipt of an invoice and all such supporting documentation. 57 of 359 5 Revised 7-13 H. Right to Audit. Consultant shall for a period of three years following performance of the Services, keep and make available for the inspection, examination and audit by City or City’s authorized employees, agents or representatives, at all reasonable time, all records respecting the services and expenses incurred by Consultant, including without limitation, all book, accounts, memoranda, receipts, ledgers, canceled checks, and any other documents indicating, documenting, verifying or substantiating the cost and appropriateness of any and all expenses. If any invoice submitted by Consultant is found to have been overstated, Consultant shall provide City an immediate refund of the overpayment together with interest at the highest rate permitted by applicable law, and shall reimburse all of City’s expenses for and in connection with the audit respecting such invoice. I. Indemnity. Consultant shall defend, indemnify and hold harmless the City and its officers, elected and appointed officials, agents, and employees from any and all liability, losses, or damages as a result of claims, demands, suits, actions, or proceedings of any kind or nature, including but not limited to costs, and fees, including attorney’s fees, judgments or settlements, resulting from or arising out of any negligent or willful act or omission on the part of the Consultant or Consultant’s subcontractors, employees, agents or subcontractors during the performance of this Agreement. Such indemnification shall not be limited by reason of the enumeration of any insurance coverage herein provided. This provision shall survive completion, expiration, or termination of this Agreement. Nothing contained herein shall be construed as prohibiting the City, or its officers, agents, or employees, from defending through the selection and use of their own agents, attorneys, and experts, any claims, actions or suits brought against them. The Consultant shall be liable for the costs, fees, and expenses incurred in the defense of any such claims, actions, or suits. Nothing herein shall be construed as a limitation or waiver of defenses available to the City and employees and agents, including but not limited to the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq. At the City Corporation Counsel’s option, Consultant must defend all suits brought upon all such Losses and must pay all costs and expenses incidental to them, but the City has the right, at its option, to participate, at its own cost, in the defense of any suit, without relieving Consultant of any of its obligations under this Agreement. Any settlement of any claim or suit related to this Agreement by Consultant must be made only with the prior written consent of the City Corporation Counsel, if the settlement requires any action on the part of the City. To the extent permissible by law, Consultant waives any limits to the amount of its obligations to indemnify, defend, or contribute to any sums due under any Losses, including any claim by any employee of Consultant that may be subject to the Illinois Workers Compensation Act, 820 ILCS 305/1 et seq. or any other related law or judicial decision, including but not limited to, Kotecki v. Cyclops Welding Corporation, 146 Ill. 2d 155 (1991). The City, however, does not waive any limitations it may have on its liability under the Illinois Workers Compensation Act, the Illinois Pension Code or any other statute. 58 of 359 6 Revised 7-13 Consultant shall be responsible for any losses and costs to repair or remedy work performed under this Agreement resulting from or arising out of any act or omission, neglect, or misconduct in the performance of its Work or its subConsultants’ work. Acceptance of the work by the City will not relieve the Consultant of the responsibility for subsequent correction of any such error, omissions and/or negligent acts or of its liability for loss or damage resulting therefrom. All provisions of this Section shall survive completion, expiration, or termination of this Agreement. J. Insurance. Consultant shall carry and maintain at its own cost with such companies as are reasonably acceptable to City all necessary liability insurance (which shall include as a minimum the requirements set forth below) during the term of this Agreement, for damages caused or contributed to by Consultant, and insuring Consultant against claims which may arise out of or result from Consultant’s performance or failure to perform the Services hereunder: (1) worker’s compensation in statutory limits and employer’s liability insurance in the amount of at least $500,000, (2) comprehensive general liability coverage, and designating City as additional insured for not less than $3,000,000 combined single limit for bodily injury, death and property damage, per occurrence, (3) comprehensive automobile liability insurance covering owned, non-owned and leased vehicles for not less than $1,000,000 combined single limit for bodily injury, death or property damage, per occurrence, and (4) errors and omissions or professional liability insurance respecting any insurable professional services hereunder in the amount of at least $1,000,000. Consultant shall give to the City certificates of insurance for all Services done pursuant to this Agreement before Consultant performs any Services, and, if requested by City, certified copies of the policies of insurance evidencing the coverage and amounts set forth in this Section. The City may also require Consultant to provide copies of the Additional Insured Endorsement to said policy(ies) which name the City as an Additional Insured for all of Consultant’s Services and work under this Agreement. Any limitations or modification on the certificate of insurance issued to the City in compliance with this Section that conflict with the provisions of this Section shall have no force and effect. Consultant’s certificate of insurance shall contain a provision that the coverage afforded under the policy(s) will not be canceled or reduced without thirty (30) days prior written notice (hand delivered or registered mail) to City. Consultant understands that the acceptance of certificates, policies and any other documents by the City in no way releases the Consultant and its subcontractors from the requirements set forth herein. Consultant expressly agrees to waive its rights, benefits and entitlements under the “Other Insurance” clause of its commercial general liability insurance policy as respects the City. In the event Consultant fails to purchase or procure insurance as required above, the parties expressly agree that Consultant shall be in default under this Agreement, and that the City may recover all losses, attorney’s fees and costs expended in pursuing a remedy or reimbursement, at law or in equity, against Consultant. Consultant acknowledges and agrees that if it fails to comply with all requirements of this Section, that the City may void this Agreement. 59 of 359 7 Revised 7-13 K. Confidentiality. In connection with this Agreement, City may provide Consultant with information to enable Consultant to render the Services hereunder, or Consultant may develop confidential information for City. Consultant agrees (i) to treat, and to obligate Consultant’s employees to treat, as secret and confidential all such information whether or not identified by City as confidential, (ii) not to disclose any such information or make available any reports, recommendations and /or conclusions which Consultant may make for City to any person, firm or corporation or use the same in any manner whatsoever without first obtaining City’s written approval, and (iii) not to disclose to City any information obtained by Consultant on a confidential basis from any third party unless Consultant shall have first received written permission from such third party to disclose such information. Pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/7(2), records in the possession of others whom the City has contracted with to perform a governmental function are covered by the Act and subject to disclosure within limited statutory timeframes (five (5) working days with a possible five (5) working day extension). Upon notification from the City that it has received a Freedom of Information Act request that calls for records within the Consultant’s control, the Consultant shall promptly provide all requested records to the City so that the City may comply with the request within the required timeframe. The City and the Consultant shall cooperate to determine what records are subject to such a request and whether or not any exemptions to the disclosure of such records, or part thereof, is applicable. Vendor shall indemnify and defend the City from and against all claims arising from the City’s exceptions to disclosing certain records which Vendor may designate as proprietary or confidential. Compliance by the City with an opinion or a directive from the Illinois Public Access Counselor or the Attorney General under FOIA, or with a decision or order of Court with jurisdiction over the City, shall not be a violation of this Section. L. Use of City’s Name or Picture of Property. Consultant shall not in the course of performance of this Agreement or thereafter use or permit the use of City’s name nor the name of any affiliate of City, nor any picture of or reference to its Services in any advertising, promotional or other materials prepared by or on behalf of Consultant, nor disclose or transmit the same to any other party. M. No Assignments or Subcontracts. Consultant shall not assign or subcontract all or any part or its rights or obligations hereunder without City’s express prior written approval. Any attempt to do so without the City’s prior consent shall, at City’s option, be null and void and of no force or effect whatsoever. Consultant shall not employ, contract with, or use the services of any other architect, interior designer, engineer, consultant, special contractor, or other third party in connection with the performance of the Services without the prior written consent of City. N. Compliance with Applicable Statutes, Ordinances and Regulations. In performing the Services, Consultant shall comply with all applicable federal, state, county, and municipal statutes, ordinances and regulations, at Consultant’s sole cost and expense, except to the extent expressly provided to the contrary herein. Whenever the City deems it reasonably necessary for security reasons, the City may conduct at its own expense, criminal and driver history background checks of 60 of 359 8 Revised 7-13 Consultant’s officers, employees, subcontractors, or agents. Consultant shall immediately reassign any such individual who in the opinion of the City does not pass the background check. O. Liens and Encumbrances. Consultant, for itself, and on behalf of all subcontractors, suppliers, materialmen and others claiming by, through or under Consultant, hereby waives and releases any and all statutory or common law mechanics’ materialmens’ or other such lien claims, or rights to place a lien upon City property or any improvements thereon in connection with any Services performed under or in connection with this Agreement. Consultant further agrees, as and to the extent of payment made hereunder, to execute a sworn affidavit respecting the payment and lien releases of all subcontractors, suppliers and materialmen, and a release of lien respecting the Services at such time or times and in such form as may be reasonably requested by City. Consultant shall protect City from all liens for labor performed, material supplied or used by Consultant and/or any other person in connection with the Services undertaken by consultant hereunder, and shall not at any time suffer or permit any lien or attachment or encumbrance to be imposed by any subConsultant, supplier or materialmen, or other person, firm or corporation, upon City property or any improvements thereon, by reason or any claim or demand against Consultant or otherwise in connection with the Services. P. Notices. Every notice or other communication to be given by either party to the other with respect to this Agreement, shall be in writing and shall not be effective for any purpose unless the same shall be served personally or by United States certified or registered mail, postage prepaid, addressed if to City as follows: City of Evanston, 2100 Ridge Avenue, Evanston, Illinois 60201, Attention: Purchasing Division and to Consultant at the address first above set forth, or at such other address or addresses as City or Consultant may from time to time designate by notice given as above provided. Q. Attorney’s Fees. In the event that the City commences any action, suit, or other proceeding to remedy, prevent, or obtain relief from a breach of this Agreement by Consultant, or arising out of a breach of this Agreement by Consultant, the City shall recover from the Consultant as part of the judgment against Consultant, its attorneys’ fees and costs incurred in each and every such action, suit, or other proceeding. R. Waiver. Any failure or delay by City to enforce the provisions of this Agreement shall in no way constitute a waiver by City of any contractual right hereunder, unless such waiver is in writing and signed by City. S. Severability. In the event that any provision of this Agreement should be held void, or unenforceable, the remaining portions hereof shall remain in full force and effect. T. Choice of Law. The rights and duties arising under this Agreement shall be governed by the laws of the State of Illinois. Venue for any action arising out or due to this Agreement shall be in Cook County, Illinois. The City shall not enter into 61 of 359 9 Revised 7-13 binding arbitration to resolve any dispute under this Agreement. The City does not waive tort immunity by entering into this Agreement. U. Time. Consultant agrees all time limits provided in this Agreement and any Addenda or Exhibits hereto are of essence to this Agreement. Consultant shall continue to perform its obligations while any dispute concerning the Agreement is being resolved, unless otherwise directed by the City. V. Survival. Except as expressly provided to the contrary herein, all provisions of this Agreement shall survive all performances hereunder including the termination of the Consultant. VI. EQUAL EMPLOYMENT OPPORTUNITY In the event of the Consultant’s noncompliance with any provision of Section 1-12-5 of the Evanston City Code, the Illinois Human Rights Act or any other applicable law, the Consultant may be declared nonresponsible and therefore ineligible for future contracts or subcontracts with the City, and the contract may be cancelled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of the contract, the Consultant agrees as follows: A. That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, marital status, national origin or ancestry, or age or physical or mental disabilities that do not impair ability to work, and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. Consultant shall comply with all requirements of City of Evanston Code Section 1-12-5. B. That, in all solicitations or advertisements for employees placed by it on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, or disability. VII. SEXUAL HARASSMENT POLICY The Consultant certifies pursuant to the Illinois Human Rights Act (775 ILCS 5/2105 et. seq.), that it has a written sexual harassment policy that includes, at a minimum, the following information: A. The illegality of sexual harassment; B. The definition of sexual harassment under State law; C. A description of sexual harassment utilizing examples; D. The Consultant’s internal complaint process including penalties; 62 of 359 10 Revised 7-13 E. Legal recourse, investigation and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission, and directions on how to contact both; and F. Protection against retaliation as provided to the Department of Human Rights. VIII. CONSULTANT CERTIFICATIONS A. Consultant acknowledges and agrees that should Consultant or its subconsultant provide false information, or fail to be or remain in compliance with the Agreement, the City may void this Agreement. B. Consultant certifies that it and its employees will comply with applicable provisions of the U.S. Civil Rights Act, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. Section 1201 et seq.) and applicable rules in performance under this Agreement. C. If Consultant, or any officer, director, partner, or other managerial agent of Consultant, has been convicted of a felony under the Sarbanes-Oxley Act of 2002, or a Class 3 or Class 2 felony under the Illinois Securities Law of 1953, Consultant certifies at least five years have passed since the date of the conviction. D. Consultant certifies that it has not been convicted of the offense of bid rigging or bid rotating or any similar offense of any State in the U.S., nor made any admission of guilt of such conduct that is a matter of record. (720 ILCS 5/33 E-3, E- 4). E. In accordance with the Steel Products Procurement Act, Consultant certifies steel products used or supplied in the performance of a contract for public works shall be manufactured or produced in the U.S. unless the City grants an exemption. F. Consultant certifies that it is properly formed and existing legal entity, and as applicable, has obtained an assumed name certificate from the appropriate authority, or has registered to conduct business in Illinois and is in good standing with the Illinois Secretary of State. G. If more favorable terms are granted by Consultant to any similar governmental entity in any state in a contemporaneous agreement let under the same or similar financial terms and circumstances for comparable supplies or services, the more favorable terms shall be applicable under this Agreement. H. Consultant certifies that it is not delinquent in the payment of any fees, fines, damages, or debts to the City of Evanston. 63 of 359 11 Revised 7-13 IX. INTEGRATION This Agreement, together with Exhibits A, B, C, and D sets forth all the covenants, conditions and promises between the parties with regard to the subject matter set forth herein. There are no covenants, promises, agreements, conditions or understandings between the parties, either oral or written, other than those contained in this Agreement. This Agreement has been negotiated and entered into by each party with the opportunity to consult with its counsel regarding the terms therein. No portion of the Agreement shall be construed against a party due to the fact that one party drafted that particular portion as the rule of contra proferentem shall not apply. In the event of any inconsistency between this Agreement, and any Exhibits, this Agreement shall control over the Exhibits. In no event shall any proposal or contract form submitted by Consultant be part of this Agreement unless agreed to in a writing signed by both parties and attached and referred to herein as an Addendum, and in such event, only the portions of such proposal or contract form consistent with this Agreement and Exhibits hereto shall be part hereof. IN WITNESS WHEREOF, the parties hereto have each approved and executed this Agreement on the day, month and year first above written. CONSULTANT: CITY OF EVANSTON 2100 RIDGE AVENUE EVANSTON, IL 60201 By ________________________ By:________________________ Its: ________________________ Its: City Manager FEIN Number: _______________ Date: _____________________ Date: _______________________ 64 of 359 For City Council meeting of January 25, 2016 Item A3.3 Business of the City by Motion: CIPP Sewer Rehabilitation Contract A 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 Kristin Rehg, Senior Project Manager Subject: 2016 CIPP Sewer Rehabilitation Contract A (Bid No. 16-02) Date: January 14, 2016 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a contract for the 2016 CIPP Sewer Rehabilitation Contract A (Bid No. 16-02) with Insituform Technologies USA, LLC (17988 Edison Avenue, Chesterfield, MO) in the amount of $192,026.30. Funding Source: Funding is from Sewer Fund, Account 515.40.4535.62461, which has a FY 2016 budget of $665,000. Summary: This contract includes rehabilitation of 3,241 feet of combined sewer main ranging in size from 8-inch diameter to 24-inch diameter at 18 different sites. A location map indicating where the work will take place is attached. The sewer mains were identified as needing rehabilitation during the Sewer Division’s regular closed circuit TV inspection of sewer mains. The work is to be completed by April 30, 2016. The contract documents for this project were sent only to the seven contractors pre- qualified to perform this type of work per RFQ 13-60. These contractors submitted information demonstrating that the product they intend to use meets specific minimum requirements; that they are trained and approved to install the product; and that they have at least the required minimum amount of experience installing the product. Council approved the pre-qualification of these contractors on October 28, 2013. A list of the prequalified contractors is attached. Memorandum 65 of 359 Bids for the subject project were opened and publicly read on Tuesday, January 5, 2016. Five of the seven pre-qualified contractors submitted bids for this project. Contractor Information: Contractor Address Hoerr Construction Inc. 1601-D W. Luthy Drive, Peoria, IL Insituform Technologies, USA, Inc 17988 Edison Avenue, Chesterfield, MO Michels Corporation 817 W. Main Street, Brownsville, WI SAK Construction 864 Hoff Road, O’Fallon, MO 63366 Visu-Sewer of Illlinois, LLC 9014 Thomas Avenue, Bridgeview, IL Pricing Summary: The submitted bids can not be withdrawn or canceled for a period of sixty (60) calendar days following the bid opening, or until March 5, 2016. The bids were reviewed by Kristin Rehg, Senior Project Manager and Lara Biggs, Bureau Chief – Capital Planning / City Engineer. Attached is a bid summary showing the bid results. Contractor Bid Price Insituform Technologies, USA, Inc $192,026.30 Visu-Sewer of Illlinois, LLC $213,984.00 Hoerr Construction Inc. $214,442.00 SAK Construction $249,738.00 Michels Corporation* Not Responsible* * Bidder is deemed not responsible due to its acts and omissions during its work on another City project. Staff recommends award to Insituform Technologies. Insituform was prequalified in 2013, and they have completed many sewer rehabilitation projects for the City. The quality of their work has been good. Insituform is requesting a partial waiver of the City’s M/W/EBE program goal. A memo reviewing their compliance is attached. The Local Employment Program does not apply, as the total bid is under $250,000. Legislative History: On October 28, 2013, the City Council approved the list of pre-qualified CIPP rehabilitation contractors (RFP 13-60) Attachments: 2016 CIPP Sewer Rehabilitation Contract A Location Map List of Prequalified Contractors Approved by City Council on October 28, 2013 Bid Tabulation for Bid 16-02 2016 CIPP Sewer Rehabilitation Contract A M/W/EBE Compliance Review Memo 66 of 359 67 of 359 68 of 359 ItemPipe Size (in)StreetQuantity UnitInsituform Technologies Visu-SewerHoerr Construction SAK Construction1 12 Harrison St262 FEET $11,894.80 $12,707.00 $12,576.00 $16,506.002 9 Ewing Ave293 FEET $9,932.70 $12,892.00 $17,580.00 $14,650.003 12 Grey Ave332 FEET $13,545.60 $16,102.00 $15,936.00 $20,916.004 10 Grey Ave45 FEET $4,365.00 $1,980.00 $2,700.00 $2,925.005 12 Asbury Ave19 FEET $6,684.20 $921.50 $4,750.00 $1,197.006 15 Ridge Ave82 FEET $7,043.80 $5,904.00 $5,330.00 $6,806.007 15 Ridge Ave59 FEET $5,068.10 $4,248.00 $3,835.00 $4,897.008 12 Ridge Ave228 FEET $9,439.20 $11,058.00 $11,856.00 $14,364.009 12 Ridge Ave175 FEET $7,245.00 $8,487.50 $9,100.00 $11,025.0010 12 Ridge Ave228 FEET $9,439.20 $11,058.00 $11,856.00 $14,364.0011 18 Ridge Ave71 FEET $9,421.70 $12,425.00 $12,425.00 $18,460.0012 15 Sherman Ave192 FEET $11,731.20 $13,824.00 $12,480.00 $15,936.0013 24 Main St332 FEET $32,934.40 $38,180.00 $29,880.00 $42,164.0014 10 South Blvd234 FEET $9,219.60 $10,296.00 $14,040.00 $15,210.0015 15 Florence Ave346 FEET $18,165.00 $24,912.00 $22,490.00 $28,718.0016 8 Mulford St206 FEET $8,034.00 $8,961.00 $9,888.00 $10,300.0017 9 Chicago Ave137 FEET $6,850.00 $6,028.00 $8,220.00 $6,850.001890 EACH $10,566.00 $13,500.00 $9,000.00 $4,050.00191 EACH $446.80 $500.00 $500.00 $400.00Total$192,026.30 $213,984.00 $214,442.00 $249,738.00Reinstate LateralsTrim Protruding Taps2016 CIPP CONTRACT A (16-02)BID TABULATION69 of 359 Bid 16-02, Insituform Technologies USA, M/W/EBE Memo, 01.25.2016 To: David Stoneback, Public Works Agency Director Lara Biggs, Bureau Chief – Capital Planning / City Engineer Kristin Rehg, Senior Project Manager From: Tammi Turner, Purchasing Manager Subject: 2016 CIPP Sewer Rehabilitation Contract A, Bid 16-02 Date: January 25, 2016 The goal of the Minority, Women, and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City has established a 25% M/W/EBE subcontracting participation goal for general contractors. With regard to the 2016 CIPP Sewer Rehabilitation Contract A, Bid 16-02 in the base bid amount of $192,026.30, the primary contractor Insituform Technologies USA, has subcontracted the following: Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Sheridan Plumbing & Sewer 6754 W. 74th Street Bedford Park, IL 60638 Sewer televising and cleaning $41,473.00 21% X Total M/W/EBE $41,473.00 21% Insituform Technologies USA has elected to waive 4% of the MWEBE goal, and will receive credit for 21% M/W/EBE participation. CC: Martin Lyons, Assistant City Manager/CFO Memorandum 70 of 359 For City Council meeting of January 25, 2016 Item A3.4 Business of the City by Motion: Accela Maintenance & Support Renewal For Action Memorandum To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Erika Storlie, Director of Administrative Services Jose Calderon, IT Division Manager Subject: Renewal of annual Accela (PAL) Maintenance and Support Date: December 8, 2015 Recommended Action: Staff recommends the City Council authorize the City Manager to execute a renewal of the existing agreement with Accela Inc. (2633 Camino Ramon, San Ramon, California). This is the final renewal year of the City’s 10 year contract in the amount of $128,362.82. Year 8 (Commencing in 2014) $128,000.00 Year 9 (Commencing in 2015) $128,362.82 Year 10 (Commencing in 2016) $128,362.82 This software provides support for City licensing and permitting activities in several departments. This renewal agreement will cover the period of March 15, 2016 through March 14, 2017. Funding Source: Funding is provided from the Computer Licensing and Support operating account in the Information Technology Division. Account: 1932.62340 – 2016 Budget $437,000. Summary: Accela Inc. provides city-wide support services for the City’s permitting and licensing software. This software facilitates the capture of data related to permits and licenses, as well as tracking of activities related to permits and licenses across multiple departments. Building and Health Inspectors in the field record results in real-time. Staff is able to get a comprehensive view of activity related to a specific property and 71 of 359 can flag properties or generate alerts based on outstanding violations and stop-work orders. This is a sole source request because the only option for continual comprehensive maintenance and support of the PAL application is Accela Inc. as it is the developer and distributor of the software. There are no other independent third- party businesses that maintain Accela software. History: The City is entering into the final year of a ten year agreement with Accela to provide licensing, maintenance and support for this software. Original contract capped increases between years 8 through 10 at 6%. Staff has negotiated .005% maximum increases for years 9 and 10 of the contract. Alternatives: Currently, there are no practical alternatives to this renewal. ------------------------------------------------------------------------------------- Attachment Accela Invoice 72 of 359 73 of 359 For City Council meeting of January 25, 2016 Item A3.5 Business of the City by Motion: Four Year Auditing Services Contract Award For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/Chief Financial Officer David Meimers, Accounting Manager Subject: Auditing Services Four Year Contract Date: January 15, 2016 Recommendation: Staff recommends that City Council authorize the City Manager to execute a four-year contract for auditing services with Sikich, LLP (1415 West Diehl Road, Suite 400 Naperville IL) in the amount of $348,287 with a first year cost of $83,251. Staff also recommends that Council approve up to $10,000 for additional services in completing the Comprehensive Annual Financial Report (CAFR). Funding: Funding in the amount of $100,000 is budgeted in the General Fund (100.15.1570.62110) for the first year of the auditing services in FY 2016 (2015 year-end audit). Summary: Pursuant to Illinois Municipal Code Section 65 ILCS 5/8-8-3, municipalities having a population of 800 or more or having bonded debt or owning any type of public utility shall be audited annually. In 2011, the City Council approved a four-year contract for auditing services to Baker Tilly Virchow Krause, LLP. With the expiration of the City’s previous contract, staff developed and distributed a Request for Proposal (RFP) for auditing services and received five responses. The proposed auditing services contract term would be four years. The list of vendors which responded to the City’s RFP for auditing services is provided below: • Baker Tilly Verchow Krause, LLP • BKD, LLP (formerly Wolf LLP) • Crowe Horwath, LLP • Grant Thornton • Klein Hall CPAs Memorandum 74 of 359 • Plante Moran, PLLC • Sikich, LLP • Lauderbach & Amen, LLP The staff selection committee was composed of Martin Lyons, Assistant City Manager/CFO; Ashley King, Finance Manager; David Meimers, Accounting Manager; and Linda Thomas, Purchasing Specialist. This group reviewed the RFP responses and rated each vendor according to several criteria including cost. A summary of the auditing services proposed costs is provided in the table below: Klein Hall $309,910 Sikich $348,287 Baker Tilly $352,144 BKD CPA's $368,005 Crowe Horwath $395,840 Plante Moran $409,998 Grant Thornton $417,315 Lauderbach & Amen $426,500 After reviewing and ranking the RFP responses, the selection committee invited two firms to participate in an interview. The two firms invited to the interview were Klein Hall and Sikich. Baker Tilly was also considered based on most recent City of Evanston audit experience. A detailed scoring summary is attached for all eight firms that submitted proposals. The panel recommends Council approval of Sikich due to several factors: • best overall service proposal • most relevant municipal experience (similar size Illinois cities) • met Evanston’s MWEBE objective • has the resources to educate staff, improve internal controls and deliver the best overall service. Klein Hall, the least expensive firm, was also considered. They are a smaller firm. Staff believes that Klein Hall could grow into a firm with the right experience to handle an audit with Evanston’s complexity. However, given the need to comply with Government Accounting Standards Board Statements, and the complexity of the City’s total audit, Sikich, LLP will provide superior service during audit process and during the entire fiscal year as the City continues to improve internal controls and complete installation of all parts of the new accounting system. 75 of 359 76 of 359 RFP 16-03, Auditing Services Four Year Contract M/W/EBE Memo, 01.25.2016 To: Martin Lyons, Assistant City Manager/Chief Financial Officer David Meimers, Accounting Manager From: Tammi Turner, Purchasing Manager Subject: Request for Proposal 16-03, Auditing Services Four Year Contract Date: January 25, 2016 The goal of the Minority, Women and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City’s goal is to have general contractors utilize M/W/EBEs to perform no less than 25% of the awarded contract. With regard the recommendation for RFP 16-03, Auditing Services Four Year Contract, Sikich LLP is found to be in initial compliance with the goal. Sikich LLP’s total base bid is $83,251.00, and they will receive 25% credit. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Prado & Renteria CPAs 1837 S. Michigan Ave. Chicago, IL 60616 Consulting $20,812.00 25% X Total M/W/EBE $20,812.00 25% Memorandum 77 of 359 For City Council Meeting of January 25, 2016 Item A4 Resolution 2-R-16: Easement Agreement with 1571 Maple, LLC For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee (A&PW) From: Mark Muenzer, Director of Community Development Gary Gerdes, Building & Inspection Services Division Manager Sat Nagar, City Engineer Michelle Masoncup, Deputy City Attorney Subject: Resolution 2-R-16, Easement Agreement – 1571 Maple Avenue, LLC Date: January 14, 2016 Recommended Action City staff recommends that the City Council adopt Resolution 2-R-16 authorizing the City Manager to execute an easement agreement between the City and 1571 Maple Avenue, LLC. Proposal 1571 Maple Avenue, LLC has requested an easement agreement for the construction of concrete caissons to serve as structural support for the mixed use building to be constructed at 1571 Maple Avenue. The caissons will be below the surface of the City right-of-way property on the south side of Davis Street and the west side of Elmwood Avenue. The lower portions of four caissons extend approximately two feet beyond the site’s property line at a depth of 76 feet. The developer of the 12-story, 101 unit building is Condor Partners. Construction is expected to begin by the end of January, 2016 and have a 16-month project length. Legislative History N/A. Attachments Resolution 2-R-16 Easement Agreement Plat of Easement Memorandum 78 of 359 1/12/2016 2-R-16 A RESOLUTION Authorizing the City Manager to Grant an Easement for Subsurface Concrete Caissons in the Right-of-Way on the West Side of Elmwood Avenue and South Side of Davis Street for the Structural Support of the Mixed Use Building to Be Constructed at 1571 Maple Avenue NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The City Manager is hereby authorized and directed to sign an Easement Agreement (the “Agreement”) by and between the City and 1571 Maple Avenue, LLC, an Illinois limited liability company, for the City to grant an easement for the construction of concrete caissons, to serve as structural support for the mixed use building to be constructed at 1571 Maple Avenue. The caissons will be below the surface of the City’s right-of-way property on the south side of Davis Street and west side of Elmwood Avenue. The Agreement is attached hereto as Exhibit 1 and incorporated herein by reference. SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional conditions of said Agreement that he deems to be in the best interests of the City. SECTION 3: This resolution shall be in full force and effect from and after its passage and approval, in the manner provided by la w. 79 of 359 2-R-16 - 2 - ______________________________ Elizabeth B. Tisdahl, Mayor Attest: ______________________________ Rodney Greene, City Clerk Adopted: __________________, 2016 80 of 359 2-R-16 - 3 - EXHIBIT 1 EASEMENT AGREEMENT 81 of 359 Upon recording return to: Michelle Masoncup City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 [Recording area only] EASEMENT AGREEMENT This Easement Agreement is entered into this ____ day of ________, 2016, by and between the City of Evanston, an Illinois Home Rule Municipal Corporation (“CITY”),herein also referred to as the Grantor (“GRANTOR”), and 1571 Maple Avenue, LLC, an Illinois limited liability company (“MAPLE”) herein also referred to as the Grantee (“GRANTEE”) RECITALS WHEREAS, the Grantor is the owner of pubic right of way including Elmwood Avenue and Davis Street and the adjacent alley located adjacent to the property owned by Grantee, commonly known as 1571 Maple Avenue. The rights of way are set out on the plat of easement A attached hereto as Exhibit A and made part hereof (“Subject Property”), and WHEREAS, the Grantee is developing a vacant commercial lot into a mixed-use development located at 1571 Maple Avenue, pursuant to a planned development approved granted by the City Council under Ordinance 19-O-15, which abuts the Subject Property; and WHEREAS, the Grantee has determined that it is necessary to acquire easement rights, in substantial conformance with the areas shown on Exhibit A (“EASEMENT AREA”), under the Subject Property for a portion of its support caissons which must extend from Grantee’s property to Grantor’s sub-surface property; and WHEREAS, the Grantor has determined to grant to the Grantee a non-exclusive permanent easement on the portion of the Subject Property for the purpose of permitting the caissons to be constructed and installed as provided herein, NOW, THEREFORE, in consideration of the covenants and promises set forth herein, the parties agree that: 1. The foregoing of Recitals are hereby incorporated herein and made part if hereof. 82 of 359 2. The Grantor hereby grants to the Grantee a non-exclusive permanent easement for the Easement Areas for fifty (50) years (“Easement Term”) under the surface of the Subject Property legally described on Exhibit A. The Easement Fee of $1,200 shall be payable at the commencement of the Easement Term. The Easement Term shall automatically renew every 25 years, so long as the Grantee is not in default of any substantive obligation of this Agreement, the building approved by Ordinance 19-O-15 is still located at 1571 Maple Avenue and the caissons underneath the Subject Property are still necessary for the support of the building. 3. The Grantor further grants to the Grantee, or any of its agents, contractors, employees, and successors the perpetual right, privilege, and authority to enter upon the Easement Areas, with reasonable notice to the Grantor, for limited purpose to survey, construct, reconstruct, test, repair, inspect, maintain the caisson(s) located under the Easement Areas now or in the future for the purpose of serving the subject property as well as other property, whether or not the contiguous thereto, together with the right of access across the Grantor’s property for necessary workers and equipment to do ant of the required work, collectively (“Grantees Work”). 4. The grant of easement shall be subject to the conditions that: a. Grantee cannot expand the scope of the Easement Areas. b. The Easement Areas may be used for any use which is related to the operation of a right-of-way, installation and maintenance of utilities, and any other municipal purpose that does conflict with the Grantee’s uses or rights contained within this Agreement. 5. The Grantee or its designees shall, upon completion of any work authorized by this grant of easement, restore the Easement Areas to the same or better surface condition than that existing prior to beginning of the work. 6. The Grantor hereby releases and waives all rights under the Homestead Exemption laws of the State of Illinois as to this grant of easement. 7. Indemnification, Grantee will hold harmless, indemnify and defend Grantor, its lessees, franchises, licensees, employees, agents, personal representatives, contractors, successors and assigns, against any and all claims, demands, loss, damage, liabilities, costs, expenses and all suits liens, causes of actions and judgments (including, but not limited to reasonable attorney’s fees) arising out of, or in any way related to, or in connection with, or as a result or consequence of Grantee’s Work in and/or use of the Easement Areas or Grantee’s acts or omissions under this easement agreement, to the extent of Grantee’s willful or negligent exercise of rights and privileges granted by this easement agreement. 83 of 359 The Grantee’s obligations in this section shall survive any termination or expiration of this easement agreement. 8. Release. Grantee shall enter upon the Easement Areas and conduct Grantee’s Work at its sole risk, cost and expense. Grantee hereby waives and relinquishes any and all claims, demands, loss, damage, liabilities, costs, expenses and all suits, liens, causes of actions and judgments related to the subject matter of this easement agreement now or hereafter arising in Grantee or any of its employees’, contractors’ or agents’ favor occasioned by, directly or indirectly, the conditions of the Grantor’s Subject Property and the Easement Areas or any improvements thereon or any other facts or occurrences with respect to Grantee’s conduct under this easement agreement, other than willful or negligent acts of Grantor. The Grantee’s obligations in this section shall survive any termination or expiration of this easement agreement. 9. This document contains the entire agreement between the parties relating to the rights granted herein and the obligations herein assumed. Any oral representations or modifications concerning this agreement shall be of no force and effect, and modifications to this agreement shall be in writing and shall be signed by all parties to this agreement. 10. This Agreement for an easement shall constitute a covenant running with the land binding upon the Grantors and any of the Grantors’ lessees, transferees, successors in interest, heirs, executors, and administrators. 11. The laws of the State of Illinois shall govern the terms of this agreement both as to interpretation and performance and any action brought to enforce the agreement shall be brought in the Circuit Court of Cook County. 12. This Agreement shall be recorded by the Grantee with the Cook County Recorder of Deeds. IN WITNESS THEREOF, this agreement is made the date signed by the City. GRANTOR: City of Evanston GRANTEE: 1571 Maple LLC By:_________________________ By: _________________________ Wally Bobkiewicz, City Manager Its:__________________________ Print Name:___________________ 84 of 359 EXHIBIT A PLAT OF EASEMENT 85 of 359 LOUVEREDTRASHCHUTEUPUPDAVIS STREETELMWOOD AVENUECAISSON BELL INPUBLIC WAY (6.4 SF,76' BELOW GRADE)CAISSON BELL INPUBLIC WAY (6.4 SF,76' BELOW GRADE)CAISSON BELL INPUBLIC WAY (5.16 SF,76' BELOW GRADE)CAISSON BELL INPUBLIC WAY (9.2 SF,76' BELOW GRADE)SPREAD FOOTING INPUBLIC WAY (1.2 SF)NHIRSCH ASSOCIATES, LLC 2015 11x17 LANDSCAPE PROJECT NUMBERDRAWING SCALEDRAWN BYDATESHEET REFERENCESKETCH NUMBERPROJECT NAMEDESCRIPTIONArchitecture + PlanningASK-0011571 MAPLE AVENUE13041A2.01, S2.00BELOW GRADE PLAN DIAGRAMPUBLIC RIGHT-OF-WAYUSE EXHIBIT2015-12-181/16" = 1'-0"CGY86 of 359 For City Council meeting of January 25, 2016 Item A5 Resolution 10-R-16: Appointment of Eleanor Revelle as 7th Ward Alderman For Action To: Honorable Elizabeth B. Tisdahl and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Resolution 10-R-16 Date: January 19, 2016 Recommended Action: Appoint Eleanor Revelle as the 7th Ward Alderman for the remainder of the term for the 79th City Council. Summary: Jane Grover retired from her elected position as the 7th Ward Alderman effective December 31, 2015. Section 1-5-8 of the Evanston City Code of 2012, as amended, and 65 ILCS 5/3.1-10-50, vests Elizabeth B. Tisdahl, Mayor of the City of Evanston, with the responsibility to appoint a replacement for the vacancy created by the retirement. On January 19, 2016, Mayor Tisdahl appointed Eleanor Revelle as the Alderman of the 7th Ward of the City of Evanston, within sixty (60) days after the vacancy occurred. The Council must adopt this resolution approving the appointment. Legislative History: n/a ------------------------------------------------------------------------------------- Attachments: Resolution 10-R-16 Memorandum 87 of 359 1/19/2016 10-R-16 A RESOLUTION Appointing Eleanor Revelle Alderman of the Seventh Ward for the Remainder of the Term of the 79th City Council WHEREAS, the City Council adopted Resolution 126-R-15 confirming the retirement of Jane Grover as Alderman of the Seventh Ward of the City of Evanston effective December 31, 2015; and WHEREAS, pursuant to Section 1-5-8 of the Evanston City Code of 2012, as amended, and 65 ILCS 5/3.1-10-50, Elizabeth B. Tisdahl, Mayor of the City of Evanston, on January 19, 2016 appointed Eleanor Revelle as the Alderman of the Seventh Ward of the City of Evanston, within sixty (60) days after the vacancy occurred; and WHEREAS, pursuant to 65 ILCS 5/3.1-10-50, Mayor Tisdahl duly forwarded said appointment to the City Council of the City of Evanston, in order for it to act thereupon within thirty (30) days of its receipt thereof, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: The Evanston City Council, in accordance with 65 ILCS 5/3.1- 10-50, hereby advises and consents to the appointment of Eleanor Revelle as the Alderman of the Seventh Ward of the City of Evanston. The appointment of Eleanor 88 of 359 10-R-16 - 2 - Revelle shall be for the remainder of the term of the 79th City Council of the City of Evanston. SECTION 3: That this Resolution 10-R-16 shall be in full force and effect from and after its passage and approval in the manner provided by law. 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. _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Adopted: __________________, 2016 89 of 359 For City Council meeting of January 25, 2016 Items A6 and A7 Resolutions 6-R-16 & 7-R-16: Settlement of Litigation with Advanced Disposal and Entering Into a Host Community Agreement with Advanced Disposal For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: (A6) Resolution 6-R-16 – Approving Settlement with Advanced Disposal (A7) Resolution 7-R-16 – Approving Host Agreement with Advanced Disposal Date: January 25, 2016 Recommended Action: Staff recommends City Council adoption of Resolutions 6-R-16 and 7-R-16. Summary: Resolution 6-R-16 In 2010 and 2011, the City adopted ordinances imposing a $2.00 per ton fee on waste transferred through the waste transfer station (the “WTS”) located at 1711 Church Street. The WTS was operated by Veolia Waste Management, now known as Advanced Disposal Services (“Advanced”). In December 2011, Veolia/Advanced sued the City in Cook County Circuit Court. The court dismissed prior versions of the complaint against the City, but since 2013, the City litigated claims alleged against it in a subsequent complaint by Advanced. However, while the litigation was pending during this lengthy span of time, the City committed Advanced to pay the WTS fee, albeit under protest. Since 2011, the total fees paid to the City were $1,263,247.90. The City prudently sequestered these fees while the litigation remained pending. The City’s Law Department effectively litigated the defense of this case in-house, thereby avoiding hundreds of thousands in outside legal fees to the City. Under the recommended settlement, the City keeps all WTS fees paid since 2011. The Cook County case will be dismissed. Resolution 7-R-16 The recommended Host Community Agreement (“HCA”) will substantially improve the City’s relationship with Advanced and still permit the City to collect a $0.75 per ton host fee from Advanced for waste transferred through the WTS. This host fee will take effect on Memorandum 90 of 359 January 1, 2017. The terms of the HCA are similar to other HCA’s negotiated by other municipalities with WTS operators. Site entrance improvements will done by Advanced along with other improvements intended to further harmonize the WTS operations with the surrounding neighborhood and minimize litter. Under the HCA, Advanced is committed to respond to City inquiries and respond to any citizen complaints. The HCA and schematics relative to the proposed site improvements are attached to Resolution 7-R-16 Exhibit 1. Attachments: Resolution 6-R-16 w. attachments Resolution 7-R-16 w. attachments 91 of 359 1/6/2016 6-R-16 A RESOLUTION Authorizing the City Manager to Negotiate and Execute a Settlement of all Litigation and Claims with Advanced Disposal Services Solid Waste Midwest, LLC WHEREAS, since 2011, the City and Veolia Environmental Services n/k/a Advanced Disposal Services Solid Waste Midwest, LLC (“Advanced”) litigated claims in case no. 11 CH 41536 in Cook County Circuit Court; and WHEREAS, this litigation pertained to the Transfer Station Fee approved by the City Council in Ordinances 82-O-10 and 68-O-11; and WHEREAS, following payment to the City by Advanced of a total of $1,263,247.90 in Transfer Station Fees since 2011 while this litigation remained pending; and WHEREAS, the City and Advanced now desire to settle all claims by and between them pursuant to the terms of the settlement agreement attached hereto as Exhibit 1; and WHEREAS, the terms of the settlement agreement permit the City retain all Transfer Station Fees paid by Advanced since 2011. NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The City Manager is hereby authorized to negotiate and execute the Settlement Agreement with Advanced, attached as Exhibit 1 and 92 of 359 6-R-16 - 2 - incorporated herein by reference. The Settlement Agreement will be approved as to form by the City’s Corporation Counsel prior to execution. SECTION 2: Resolution 6-R-16 shall be in full force and effect from and after its passage and approval, in the manner provided by law. ______________________________ Elizabeth B. Tisdahl, Mayor Attest: ______________________________ Rodney Greene, City Clerk Adopted: __________________, 2016 93 of 359 6-R-16 - 3 - EXHIBIT 1 SETTLEMENT AGREEMENT 94 of 359 Page 1 of 7 SETTLEMENT AND RELEASE AGREEMENT This Settlement and Release Agreement, dated __________, 2016, is entered into according to the following terms and conditions by and between the City of Evanston, on the one hand, and Advanced Disposal Services Solid Waste Midwest, LLC, on the other hand. DEFINITIONS AND RECITALS A. As used herein, “Agreement” means this Settlement and Release Agreement. B. As used herein, “Evanston” means the City of Evanston, an Illinois home-rule municipal corporation and the defendant in the Lawsuit, and all of Evanston’s elected or appointed officials. C. As used herein, “Advanced” means Advanced Disposal Services Solid Waste Midwest, LLC, the plaintiff in the Lawsuit. D. “Transfer Station” means the solid-waste transfer station that Advanced owns and operates at 1711 Church Street, Evanston, Illinois. E. As used herein, “Ordinance” or “Ordinances” means the ordinances that Evanston enacted and are at issue in the Lawsuit, specifically: (i) “An Ordinance Amending the City Code by Enacting a New Title 8, Chapter 26, ‘Solid Waste Transfer Station Fee’” (82-O-10); and (ii) “An Ordinance Amending Title 8, Chapter 27 of the City Code, Solid Waste Transfer Station Fee’” (68-O-11). Among other things, the Ordinances purportedly require Advanced to pay Evanston a fee of $2 for every ton, or any fraction thereof, of solid waste delivered to the Transfer Station. The parties agree that as of the date of this Agreement, Advanced has paid Evanston, under protest, One Million Two Hundred Sixty Three Thousand Two Hundred Forty Seven and 90/100 Dollars ($1,263,247.90) pursuant to the Ordinances (“Ordinance Fee Payments”). The parties further agree that no additional payments under the Ordinances are required. F. As used herein, “Lawsuit” means the lawsuit entitled Veolia ES Solid Waste Midwest, LLC, n/k/a Advanced Disposal Services Solid Waste Midwest, LLC v. The City of Evanston (Case Number 11-CH-41536; Circuit Court of Cook County, Illinois, Chancery Division), that Advanced filed against Evanston. In the Lawsuit, Advanced asserts, among other things, that the Ordinances are unconstitutional and invalid, and that Evanston must reimburse Advanced all Ordinance Fee Payments, plus interest, or pay Advanced monetary damages in the same amount. Evanston denies all such claims. G. As used herein, “Parties” or “Party” means Evanston and/or Advanced. H. In order to avoid the expense and uncertainty of litigation, the Parties desire to resolve the Lawsuit, among other things, in accordance with this Agreem ent’s terms and conditions. 95 of 359 Page 2 of 7 AGREEMENTS In consideration of the foregoing recitals and the mutual covenants and agreements contained herein, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. No Admission of Liability. Nothing in this Agreement, nor any statement or communication made by the Parties or their respective agents during the negotiations leading to this Agreement, will be considered admissions of liability or wrongful or improper conduct by, or on behalf of, any Party. 2. Retention of Ordinance Fee Payments. Subject to the other Sections of this Agreement, Advanced will forgo reimbursement of the Ordinance Fee Payments, plus interest, and Evanston will retain such Payments. 3. Repeal of Ordinances and Execution of Host Community Agreement. 3.1 Within 30 days from the date of this Agreement, Evanston will repeal the Ordinances in their entirety. 3.2 Within 30 days from the date of this Agreement, Evanston will enter into the Community Host Agreement (“Host Agreement”), attached as Exhibit A. 3.3 Other than the “Host Fees” set forth in Paragraph 4 of the Host Agreement, Evanston will not levy any new taxes or assess any fees against Advanced, the Transfer Station, or “the Property” (as defined in the Host Agreement), even if such fees are specifically allowed by state law to be charged by a host community to a pollution-control facility or other similar facility, such as the Transfer Station; provided, however, that the foregoing restriction will not apply to real-estate taxes or other fees or taxes validly and uniformly assessed against all members of a class of taxpayers or fee payers, other than as an owner or operator of: (i) a waste-transfer station; (ii) a collector of waste, landscape waste, construction and demolition debris, and/or recyclables; or (iii) a solid-waste management facility. 3.4 Notwithstanding Section 2, should Evanston levy or assess any tax or fee prohibited by Section 3.3, then Evanston agrees to reimburse the Ordinance Fee Payments, plus interest, to Advanced within 30 days of such levy or assessment. Interest shall be calculated from the date of this Agreement and in accordance with Illinois’ post-judgment interest statute, 735 ILCS 5/2-1303. 3.5 By entering into this Agreement, Advanced is not waiving or forfeiting any right to challenge or appeal, on any basis, any tax or fee that Evanston assesses, or attempts to assess, against Advanced, the Transfer Station, or “the Property” (as defined in the Host Agreement). 3.6 Advanced acknowledges that this Agreement will be approved by a final action of the Evanston City Council in open session as required by the Illinois Open Meetings Act, 5 ILCS 120/1 et seq. 96 of 359 Page 3 of 7 4. Specific Release of Claims. 4.1 Except for obligations under this Agreement or the Host Agreement, Evanston releases and forever discharges Advanced, including all of its present, past, and future parent companies, subsidiaries, divisions, affiliates, and related entities, as well as all of the foregoing entities’ present, past, and future officers, directors, employees, shareholders, attorneys, insurers, agents, successors, and assigns (collectively, the “Advanced Released Parties”), from any and all suits, causes of action, claims, counterclaims, charges, complaints, demands, obligations, liabilities, costs, damages (including punitive damages), injuries, rights, judgments, attorneys’ fees, expenses, penalties, fines, fees, and any other causes of action of whatever nature, whether known or unknown, whether suspected or unsuspected, whether discovered now or hereafter, that arose at any time from the beginning of time to the date of this Agreement and: (i) were asserted or could have been asserted in the Lawsuit; (ii) relate in any way to the Ordinances; or (iii) relate in any way to ownership or operation of the Transfer Station. For the sake of clarity, Evanston reiterates that this specific release applies to claims that are presently unknown to Evanston. 4.2 Except for obligations under this Agreement or the Host Agreement, Advanced releases and forever discharges Evanston, including all of its present, past, and future divisions, agencies, elected officials, officers, employees, attorneys, insurers, agents, successors, and assigns (collectively, the “Evanston Released Parties”), from any and all suits, causes of action, claims, counterclaims, charges, complaints, demands, obligations, liabilities, costs, damages (including punitive damages), injuries, rights, judgments, attorneys’ fees, expenses, penalties, fines, fees, and any other causes of action of whatever nature, whether known or unknown, whether suspected or unsuspected, whether discovered now or hereafter, that arose at any time from the beginning of time to the date of this Agreement and: (i) were asserted or could have been asserted in the Lawsuit; (ii) relate in any way to the Ordinances; or (iii) relate in any way to ownership or operation of the Transfer Station. For the sake of clarity, Advanced reiterates that this specific release applies to claims that are presently unknown to Advanced. 4.3 Each Party fully understands and acknowledges that it may hereafter discover facts, circumstances, or legal decisions different from, or in addition to, those now known or believed to be true regarding the subject matter of this Agreement or the Lawsuit. It is understood that this Agreement, including the specific releases in Sections 4.1 and 4.2, will remain in full force and effect, notwithstanding the existence of any such different or additional facts, circumstances, or legal decisions. 4.4 The Parties intend for the Advanced Released Parties and Evanston Released Parties who are not parties to this Agreement to be third-party beneficiaries of the releases provided in Sections 4.1 and 4.2 and the indemnification, defense, and hold harmless provisions of Section 7.7. 5. Subpoena or Other Discovery Request. If any Party or its attorneys are served with a subpoena or other discovery request seeking documents or information relating to this Agreement, including the Agreement itself, that Party will provide prompt written notice to the other Party and, unless prohibited by law, send the other Party a copy of the subpoena or discovery request so the other Party has an opportunity to evaluate the subpoena or discovery 97 of 359 Page 4 of 7 request and seek any relief that it deems appropriate. The Party receiving the subpoena or other discovery request for documents or information shall provide such notice via U.S. Mail and electronic mail to the individuals identified below and do so at least 21 days before any documents or information are disclosed. To Advanced: Michael K. Slattery Senior Vice President and General Counsel Advanced Disposal 90 Fort Wade Road Suite 200 Ponte Vedra, Florida 32081 Michael.Slattery@advanceddisposal.com Gerald P. Callaghan Freeborn & Peters LLP 311 South Wacker Drive Suite 3000 Chicago, Illinois 60606 jcallaghan@freeborn.com To Evanston: W. Grant Farrar Corporation Counsel City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 gfarrar@cityofevanston.org 6. Dismissal of the Lawsuit and Cooperation in Effecting Agreement. 6.1 Within three business days of the date(s) on which Evanston has both repealed the Ordinances and entered into the Host Agreement, the Parties will file all necessary documents and take any further steps needed to secure the Court’s entry of an appropriate Order dismissing with prejudice the Lawsuit, with each Party bearing its own costs, expenses, and attorneys’ fees. 6.2 In addition to the document(s) contemplated in Section 6.1, the Parties will execute any and all supplementary documents and take all additional steps reasonably necessary to give full force and effect to this Agreement’s basic terms and intent. 7. Representations and Warranties. 7.1 Evanston represents and warrants that it is the sole owner of the claims, causes of action, and other matters released in Section 4.1. 98 of 359 Page 5 of 7 7.2 Advanced represents and warrants that it is the sole owner of the claims, causes of action, and other matters released in Section 4.2. 7.3 Each Party represents and warrants that it has the legal authority to enter into this Agreement and to execute any document contemplated by this Agreement. Similarly, each Party represents and warrants that the individual signing this Agreement on that Party’s behalf is competent and has the power, right, and legal authority to do so. 7.4 Each Party represents and warrants that the execution, delivery, and performance of this Agreement, or any document contemplated by this Agreement, will not violate or constitute a breach or default in: (i) its corporate-formation or related governing documents; (ii) any provision of any contract, agreement, grant, or other instrument or document to which it is a party or by which it is bound; or (iii) any judgment, order, writ, injunction, decree, law, rule, ordinance, or regulation. 7.5 Each Party represents and warrants that it: (i) sought and obtained the advice of legal counsel before entering into this Agreement; (ii) read this Agreement in its entirety; (iii) is fully informed and understands the terms of this Agreement; (iv) has been given reasonable time to consider whether to execute this Agreement; (v) is knowingly and voluntarily entering into this Agreement and agrees to comply with its terms and conditions; and (vi) is not acting under duress, including economic duress, in executing this Agreement. 7.6 The representations and warranties made by Evanston will be deemed material to Advanced’s rights and obligations under this Agreement. Similarly, the representations and warranties made by Advanced will be deemed material to Evanston’s rights and obligations under this Agreement. 7.7 Evanston will indemnify, defend, and hold harmless Advanced and the Advanced Released Parties for any and all injuries and damages relating to or arising out of any breach of the representations and warranties that Evanston made in this Section 7. Similarly, Advanced will indemnify, defend, and hold harmless Evanston and the Evanston Released Parties for any and all injuries and damages relating to or arising out of any breach of the representations and warranties that Advanced made in this Section 7. 8. Attorneys’ Fees and Costs. The Parties will separately bear their own respective costs, expenses, and attorneys’ fees arising from the Lawsuit and the negotiation and drafting of this Agreement. 9. Joint Drafting. The Parties expressly agree that they prepared this Agreement jointly, and that no ambiguity will be resolved against any Party on the basis that it was responsible or primarily responsible for having drafted this Agreement. 10. Entire Agreement. This Agreement represents the entire agreement between the Parties with respect to the subject matter hereof, and it supersedes any prior representation, agreement, or understanding with respect to the subject matter hereof. This Agreement may be amended only by written agreement signed by all Parties. 99 of 359 Page 6 of 7 11. Governing Law. This Agreement will be governed by and construed under the laws of the State of Illinois, without regard to conflict-of-laws rules or principles. All disputes arising from or related to this Agreement will be adjudicated in a court of competent jurisdiction located in Cook County, Illinois. 12. Section Headings. The section headings contained in this Agreement are for reference purposes only and will not affect the meaning or interpretation of this Agreement. 13. Severability. Except for the provisions contained in Sections 3.1 and 3.2, should any provision of this Agreement for any reason be held illegal, invalid, or unenforceable, the illegal, invalid, or unenforceable provision will not affect the remaining provisions, but will be fully severable, and the Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never been inserted herein. If for any reason any of the provisions in Sections 3.1 or 3.2 are held illegal, invalid, or unenforceable, then this Agreement is null and void, and the Parties shall be placed in the same position they occupied immediately prior to the date of this Agreement. 14. Successors. This Agreement will be binding upon and inure to the benefit of the Parties’ respective representatives, administrators, successors, and assigns. 15. Counterparts. The Parties may execute this Agreement in counterparts, and if so executed, each counterpart will have the full force and effect of an original, and all counterparts when taken together will constitute a single document. Facsimile signatures delivered by electronic means shall have the same legal effect as original signatures. REMAINDER OF PAGE INTENTIONALLY BLANK; SIGNATURES TO FOLLOW 100 of 359 Page 7 of 7 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first written above. The City of Evanston By:___________________________________ Name: Walter J. Bobkiewicz Its: City Manager Advanced Disposal Services Solid Waste Midwest, LLC By:____________________________________ Name: ________________________________ Its: ___________________________________ 101 of 359 1/6/2016 7-R-16 A RESOLUTION Authorizing the City Manager to Negotiate and Execute a Host Community Agreement with Advanced Disposal Services Solid Waste Midwest, LLC for Waste Transfer Station Operations at 1711 Church Street WHEREAS, since 2011, the City and Veolia Environmental Services n/k/a Advanced Disposal Services Solid Waste Midwest, LLC (“Advanced”) litigated claims in case no. 11 CH 41536 in Cook County Circuit Court; and WHEREAS, this litigation pertained to the Transfer Station Fee approved by the City Council in Ordinances 82-O-10 and 68-O-11; and WHEREAS, following payment to the City by Advanced of a total of $1,263,247.90 in Transfer Station Fees since 2011 while this litigation remained pending; and WHEREAS, the City and Advanced now desire to settle all claims by and between them pursuant to the terms of the settlement agreement referenced in Resolution 6-R-16; and WHEREAS, the City and Advanced desire to enter into a Host Community Agreement (“HCA”) for operations related to the waste transfer station located at 1711 Church Street. Pursuant to the terms of the HCA attached as Exhibit 1, the City will continue to collect a Transfer Station Fee, and improvements to the station will be done by Advanced. 102 of 359 7-R-16 - 2 - NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The City Manager is hereby authorized to negotiate any remaining terms and thereafter execute the HCA with Advanced, attached as Exhibit 1 and incorporated herein by reference. The HCA will be approved as to form by the City’s Corporation Counsel prior to execution. SECTION 2: Resolution 7-R-16 shall be in full force and effect from and after its passage and approval, in the manner provided by law. ______________________________ Elizabeth B. Tisdahl, Mayor Attest: ______________________________ Rodney Greene, City Clerk Adopted: __________________, 2016 103 of 359 7-R-16 - 3 - EXHIBIT 1 HOST COMMUNITY AGREEMENT 104 of 359 3473688v5/09036-0075 HOST COMMUNITY AGREEMENT THIS HOST COMMUNITY AGREEMENT (“Agreement”) is executed this____ day of _______________, 2016, by the City of Evanston, Illinois, an Illinois municipal corporation (the “City”) and Advanced Disposal Services Solid Waste Midwest, LLC, a Wisconsin limited liability company (“ADS”). WHEREAS, ADS is the owner of property located at 1711 Church Street, Evanston, Illinois, legally described in Exhibit A of this Agreement (“Property”); and WHEREAS, on October 17, 1983, the City Council approved the siting of a waste transfer station at the Property, pursuant to Section 39.2 of the Illinois Environmental Protection Act (“Act”), 415 ILCS 5/39.2; and WHEREAS, on February 27, 1984, the Illinois Environmental Protection Agency (“Illinois EPA”) issued Permit No. 1984-2-DE/OP to develop and operate a waste transfer station at the Property (“Transfer Station”) and the Property has been continuously permitted by the Illinois EPA to operate the Transfer Station at the Property; and WHEREAS, on December 1, 2010, the Illinois EPA issued Supplemental Permit No. 2010-461, approving a tarping station along the west property line of the Transfer Station (“Tarping Station”); and WHEREAS, on September 29, 2011, the Illinois EPA issued Supplemental Permit No. 2011-286, approving the revised plan for improvements to the entrance to the Transfer Station (“Site Entrance Improvements”); and WHEREAS, ADS is the current owner and operator of the Transfer Station; and WHEREAS, ADS and the City are desirous that ADS complete the Tarping Station and Site Entrance Improvements, as provided herein; and WHEREAS, ADS is desirous of earning the good will of the citizens of the City and the City is desirous of protecting the health, safety and welfare of its citizens by the measures set forth herein; and WHEREAS, ADS is willing to pay to City, and the City desires to accept Host Fees as hereinafter set forth. NOW, THEREFORE, the preceding recitals are incorporated by reference herein and in consideration of the mutual obligations undertaken herein, the receipt and sufficiency of which are hereby acknowledged, it is mutually understood and agreed by ADS and the City as follows: 1. TERM OF AGREEMENT: This Agreement is effective on the date signed (“Effective Date”) and shall expire on the date on which the use of the Property permanently ceases to be used as a Transfer Station or upon the certified closure of the Transfer Station by the Illinois EPA (“Termination Date”), unless earlier terminated, as provided herein. 105 of 359 2 3473688v5/09036-0075 However, the obligation to pay a Host Fee, as provided in Paragraph 4 of this Agreement, shall not commence until January 1, 2017 (the “Commencement Date”). 2. COMMUNICATION, COMPLAINT INVESTIGATION AND RESOLUTION: From and after the Effective Date: a. The Transfer Station Manager shall be the City’s point of contact for matters relating to the Transfer Station or this Agreement; b. The Transfer Station Manager shall have an office at the Property; c. The Transfer Station shall maintain a telephone number to receive, respond to and address public inquiries, complaints, and customer calls. This phone number will be answered by a person employed or retained by ADS during regular business hours; d. In addition, ADS shall provide the City with the Transfer Station Manager’s mobile phone number for use by the City after regular business hours; e. All citizen complaints will be responded to by ADS within twenty-four (24) hours of receipt, and investigated within a reasonable time thereafter, unless otherwise agreed to by the complaining citizen or the City Manager; 3. CITY INSPECTION OF THE TRANSFER STATION: The City may, during regular business hours of the Transfer Station, inspect the Transfer Station for compliance with this Agreement and conditions of any Illinois EPA permit, as well as any other applicable statute, law, ordinance or regulation. Prior to any such inspection, the City shall check-in at the Transfer Station office and shall be accompanied by an employee of the Transfer Station and follow all safety rules of ADS. 4. HOST FEES: a. Commencing on the Commencement Date and ending on the Termination Date, ADS shall pay to the City a per ton fee (“Host Fee”) equal to seventy-five cents ($0.75) on each ton of waste transferred through the Transfer Station for disposal. The Host Fee shall remain unadjusted through the Termination Date. b. The Host Fee shall be paid no later than the thirtieth (30th) day following the close of a calendar quarter (for example, such payment is due on April 30th for the first calendar quarter ending March 31st) without demand from the City. c. ADS shall keep complete and accurate books and records relating to the determination of the Host Fees to be paid under this Agreement for three (3) years from the date on which payments to the City were made. Additionally, with each payment to the City, ADS shall submit to the City in both digital and hard copy form an accounting of the amount of fees payable to the City, including the basis for those fees. 106 of 359 3 3473688v5/09036-0075 d. ADS shall provide the City, at the City’s request, with weight receipts from a certified scale at the Transfer Station. Additionally, ADS shall permit the City’s designated representatives, upon reasonable notice, access to such books and records for inspection, audit, and photocopying during ADS’s normal business hours. The City shall maintain as confidential the information that it derives from ADS’s books and records, except to the extent the City obtains documents from ADS that must be disclosed pursuant to the Illinois Freedom of Information Act, or other applicable Illinois law. ADS agrees to reasonably cooperate with the City in the event the City is required to respond to Illinois of Freedom Act requests that call for the production of documents related to the Agreement. However, the City shall be permitted to disclose the information it obtains from ADS to employees and consultants that the City believes, in its reasonable discretion, such disclosure is appropriate in order to monitor and ensure ADS’s compliance with the terms and conditions of this Agreement. In no event, however, is ADS required under this Agreement to reveal to the City its hauling or Transfer Station customer list(s), as the City acknowledges that information is proprietary, and if the books and records that are kept and relate to Host Fees also contain customer lists or other confidential or privileged information, ADS may, at its sole discretion, redact any and all portions of the information prior to providing the books and records to the City and/or copies of any document to the City, as long as the redaction does not remove any numerical information such as tare and weight of trucks. Further, in the event ADS does not redact such documents at the time the City views them, but later redacts when the City requests copies, such failure to redact is not a waiver of the confidentiality or privilege of the redacted information. In the event that any such inspection/audit reveals any underpayment of Host Fees, ADS shall within fifteen (15) days of receipt of notice of underpayment by the City, pay the City the amount(s) of such underpayment(s). In the event that such inspection reveals any overpayment(s) of the subject fees, ADS may credit the amount of such overpayment(s) against payments of the subject fees made after the audit. e. The City must notify ADS, in writing, of any dispute regarding payment of Host Fees to the City within one (1) year after end of the calendar year for which the disputed fees were payable. Otherwise, any such dispute is deemed waived. f. If this Agreement is terminated, Host Fees that have accrued under this Agreement shall be paid to the Termination Date, and no further payment of Host Fees shall be due thereafter from ADS to the City. 5. NEW FEES AND TAXES: a. In consideration for ADS’s agreement herein to pay Host Fees as provided in this Agreement, the City shall not levy any new taxes or assess any fees against ADS, the Property, or the Transfer Station, even if such fees are specifically allowed by State Law to be charged by a host community to a pollution control or other similar facility such as the subject Transfer Station, except as provided in Paragraph 5(b) below. If the City levies any such new taxes or assesses any such 107 of 359 4 3473688v5/09036-0075 fees against ADS, the Property or the Transfer Station, then ADS shall have the right to terminate this Agreement by giving notice, as provided in Paragraph 9(o) of this Agreement. b. Notwithstanding the foregoing, the City shall have the right to levy real estate taxes, or other fees or taxes validly and uniformly assessed against all members of a class of taxpayers or fee payers, other than as an owner or operator of a waste transfer station, collector of waste, landscape waste, construction and demolition debris, and/or recyclables, or a solid waste management facility; provided, however, that ADS does not waive its right to challenge or appeal any such validly and uniformly assessed fees or taxes. 6. TARPING STATION: a. ADS and the City recognize that drivers of the semi-trailer trucks being loaded with waste for further transfer for disposal pull tarps across the top of the trucks prior to exiting the facility to minimize blowing litter. In order to give these drivers greater visibility and better access to the trucks, and to improve driver safety, ADS has proposed the installation of the Tarping Station, which i s a raised catwalk for the drivers to use when pulling the tarp across the top of the trucks. b. The City approves of the installation of the Tarping Station. c. The Illinois EPA has issued Supplemental Permit No. 2010-461 for the installation of the Tarping Station (“Tarping Station Permit”). The Tarping Station Permit was issued based on plans, specifications and supporting documentation ADS submitted to the Illinois EPA dated September 2010. The City acknowledges and agrees that ADS, in its sole discretion, may amend, revise or supplement said plans, specifications or supporting documentation, as necessary to meet the objectives in Paragraph 6(a) above, in which case the Tarping Station Permit may need to be amended or modified. ADS agrees to provide the City with copies of all documentation that is submitted to the Illinois EPA as part of any such amendment or modification of the Tarping Station Permit. d. ADS agrees to submit a building permit application for the Tarping Station to the City within six months after the date of this Agreement, and the City agrees to act on the building permit application as provided in Paragraph 8 of this Agreement. Following receipt of (i) the building permit and other necessary approvals from the City and other governmental authorities with jurisdiction over the Property and (ii) any amendments or modifications to the Tarping Station Permit , ADS agrees to commence and diligently pursue construction of the Tarping Station. 108 of 359 5 3473688v5/09036-0075 7. SITE ENTRANCE IMPROVEMENTS: a. ADS proposed the Site Entrance Improvements to improve traffic flows, provide surface parking for personal vehicles of site personnel and additional landscaping. The Site Entrance Improvements will include removal of an existing building on Church Street and extending the existing concrete sound wall from its current termination point, west to the neighboring Strange Lofts building. b. The City approves of the Site Entrance Improvements. c. The Illinois EPA has issued Supplemental Permit No. 2011-286 for the construction of the Site Entrance Improvements (“Site Entrance Improvements Permit”). The Site Entrance Improvements Permit was issued based on plans, specifications and supporting documents ADS submitted to the Illinois EPA dated June 2011. The City acknowledges and agrees that ADS, in its sole discretion, may amend, revise or supplement said plans, specifications or supporting documents, as necessary to meet the objectives in Paragraph 7(a) above, in which case the Site Entrance Improvements Permit may need to be amended or modified. ADS agrees to provide the City with copies of all documentation that is submitted to the Illinois EPA as part of any such amendment or modification of the Site Entrance Improvements Permit. d. ADS agrees to submit building permit and demolition permit applications for the Site Entrance Improvements to the City within six months after the date of this Agreement, and the City agrees to act on the building and demolition permit applications as provided in Paragraph 8 of this Agreement. Following receipt of (i) the building and demolition permits and other necessary approvals from the City and other governmental authorities with jurisdiction over the Property and (ii) any amendments or modifications to the Site Entrance Improvements Permit, ADS agrees to commence and diligently pursue construction of the Site Entrance Improvements. 8. BUILDING AND DEMOLITION PERMITS: The City shall issue building and demolition permits and other necessary permits or approvals for which ADS shall apply in order to construct the Tarping Station and the Site Entrance Improvements within a reasonable period of time after the date of application therefor or within a reasonable period of time after the City’s receipt of the last of the documents and information required to support such application. Such period of time shall not exceed thirty (30) business days. If the application is disapproved, the City shall provide the applicant with a statement in writing within such period, specifying the reasons for denial of the application, including specification of the requirements of law which the application and supporting documents fail to meet. The City shall issue such building and demolition permits and other necessary permits or approvals within ten (10) business days of ADS’s compliance with those requirements of law so specified by the City. The City agrees that ADS shall not be required to obtain from the City any zoning approval as a condition to the issuance of such building and demolition permits. ADS agrees that the City has the right to observe all construction activities related to the Tarping Station and the Site 109 of 359 6 3473688v5/09036-0075 Entrance Improvements and to respond to any reasonable City requests for information relative to same. 9. GENERAL PROVISIONS: a. Amendments. This Agreement may be amended or otherwise modified only by written agreement duly approved and executed on behalf of the City and ADS. b. Captions. Captions in this Agreement are for the convenience of reference only and do not affect this Agreement or its interpretation. c. Entire Agreement. This Agreement sets forth the entire, final and exclusive Agreement and understanding of the City and ADS with respect to the matters referenced herein and covered hereby, except for Section 5 of the Confidential Settlement and Release Agreement between the City and ADS. d. Governing Law. Venue and Jurisdiction. This Agreement and all disputes hereunder shall be governed by the laws of the State of Illinois. e. Assignment of Agreement. This Agreement shall be binding upon ADS and its successors and assigns. f. Covenants Run With The Land. The parties agree that the covenants, agreements and understandings contained in this Agreement (including, without limitation, the obligation to pay the Host Fee), touch and concern the Property, and that such covenants, agreements, and understandings shall run with the Property. ADS agrees that the City may prepare, and ADS shall promptly execute duplicate originals of an instrument, in recordable form, which will constitute a memorandum of Host Community Agreement, attaching an executed copy of this Agreement as an exhibit, and record such Memorandum in the Office of the Cook County, Illinois Recorder of Deeds. g. Compliance with Applicable Laws. ADS shall conduct operations at the Transfer Station in strict accordance and compliance with all applicable federal, state, local laws. h. Relationship of the Parties. Nothing in this Agreement shall be construed to create a joint venture, partnership, association or employment relationship between the City and ADS. i. Recitals. The recitals are a part of this Agreement. j. Severability. If any provision of this Agreement or any document executed in connection herewith shall be or becomes invalid, illegal or unenforceable in any respect under· any applicable law, the validity, legality, or enforceability of the remaining provisions contained herein or therein shall not be affected or impaired. In such case, the parties shall achieve the purpose of the involved provision by 110 of 359 7 3473688v5/09036-0075 agreeing to a new, legally valid and enforceable provision, which shall become part of this Agreement. k. Third Parties. Nothing in this Agreement, express or implied, is intended to confer any right or remedy on any person other than the City and ADS, and their respective successors and permitted assigns, nor is anything in this Agreement intended to affect or discharge any obligation or liability of any third person to the City or ADS, nor to give any such third person any right of action or subrogation against the City or ADS. l. Waiver. The failure of City or ADS at any time to require the performance of any provision of this Agreement shall not affect its right to enforce the provision at a later time. No waiver of any nature by the City or ADS, whether by conduct or otherwise, shall be deemed to be a continuing waiver. m. Mutual Review. The City and ADS have jointly participated in the preparation of this Agreement, and for purposes of principles of governing the construction of the terms this Agreement, no party shall be deemed to be the drafter of this Agreement. The City and ADS specifically acknowledge their individual legal counsel has reviewed and advised them concerning this Agreement, and the undersigned have been authorized to enter into this Agreement on behalf of the applicable party respectively. ADS acknowledges that the Agreement will be authorized and approved by the Evanston City Council in open session pursuant to the Illinois Open Meetings Act, 5 ILCS 120/ et seq. n. Counterparts. This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same agreement. o. Notification. All notices and other correspondence required or permitted under this Agreement shall be given at the following addresses or such other address as the City or ADS may in writing designate. Notices shall be deemed to have been given and effective as follows: i. When delivered personally; or ii. If deposited with a commercial courier for next business day delivery, one (1) business day after being so deposited. iii. All notices under this Agreement require the sender to obtain a signature of the recipient at time of delivery. To the City: City of Evanston City Manager 2100 Ridge Avenue Evanston, IL 60201 111 of 359 8 3473688v5/09036-0075 With Copies To: W. Grant Farrar Corporation Counsel, City of Evanston 2100 Ridge Avenue Evanston, IL 60201 To ADS: Michael K. Slattery Senior Vice President and General Counsel Advanced Disposal 90 Ft. Wade Road, Suite 200 Ponte Vedra, FL 32081 With Copies To: Gerald P. Callaghan Freeborn & Peters LLP 311 S. Wacker Drive, Suite 3000 Chicago, IL 60606 And to: Area Manager Advanced Disposal 2800 Shermer Road Northbrook, IL 60062 112 of 359 9 3473688v5/09036-0075 IN WITNESS WHEREOF, the undersigned have affixed their signatures on behalf of the City and ADS this _____ day of __________________2016. FOR THE CITY OF EVANSTON: ATTEST: _____________________________________ _____________________________________ Name: Title: FOR ADVANCED DISPOSAL SERVICES SOLID WASTE MIDWEST, LLC: ATTEST: _____________________________________ _____________________________________ Name: Title: 113 of 359 10 3473688v5/09036-0075 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PARCEL 1: A STRIP OF LAND 100 FEET IN WIDTH EXTENDING OVER AND ACROSS THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, SAID STRIP OF LAND BEING 50 FEET IN WIDTH ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 13 (SAID NORTH LINE BEING ALSO THE CENTER LINE OF LYONS STREET), DISTANT 335 FEET WESTERLY FROM THE NORTHEAST CORNER THEREOF; THENCE SOUTHWESTERLY ALONG A STRAIGHT LINE A DISTANCE OF 688.90 FEET, MORE OR LESS, TO A POINT ON THE NORTH LINE OF CHURCH STREET, DISTANT 591.18 FEET WESTERLY FROM THE INTERSECTION THEREOF WITH THE WEST LINE OF LOT 12 IN BLOCK 3 OF GILBERT AND FARMER’S ADDITION TO EVANSTON, AND THERE TERMINATING; EXCEPT THEREFROM THAT PART OF THE LAND FALLING WITHIN LOT 9 AND THE VACATED ALLEY LYING EAST OF AND ADJOINING SAID LOT 9 WHICH LIES SOUTHEASTERLY OF A LINE PARALLEL WITH AND DISTANT 56.5 FEET NORTHWESTERLY, MEASURED AT RIGHT ANGLES FROM THE CENTER LINE OF THE MAIN TRACK OF THE CHICAGO AND NORTHWESTERN RAILWAY COMPANY, AS SAID MAIN TRACK IS NOW LOCATED AND ESTABLISHED ADJACENT THERETO ALL IN BLOCK 4 IN MERRILL LADD’S SECOND ADDITION TO EVANSTON, BEING A SUBDIVISION OF THE WEST ½ OF THE SOUTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 2: ALL THAT PART OF THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF THE RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN JUNCTION RAILROAD, EXCEPT THAT PART THEREOF TAKEN FOR STREETS, AND EXCEPT THAT PART THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF SAID RIGHT OF WAY WITH THE WEST LINE OF SAID SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SAID SECTION 13, BEING AT A POINT 102.72 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SAID SECTION 13: THENCE NORTHEASTERLY ALONG SAID WESTERLY RIGHT OF WAY LINE 223.49 FEET; THENCE NORTHWESTERLY AT RIGHT ANGLES TO SAID WESTERLY RIGHT OF WAY LINE 90.94 FEET TO THE WEST LINE OF SAID SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SAID SECTION 13; AND THENCE SOUTH 114 of 359 11 3473688v5/09036-0075 ALONG SAID LINE 241.36 FEET TO THE POINT OF BEGINNING, EXCEPT THAT PART THEREOF TAKEN FOR STREETS, IN COOK COUNTY, ILLINOIS. PARCEL 3: THAT PART OF THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF THE RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN JUNCTION RAILROAD, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF SAID RIGHT OF WAY WITH THE WEST LINE OF SAID SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SAID SECTION 13, BEING AT A POINT 102.72 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SAID SECTION 13; THENCE NORTHEASTERLY ALONG SAID WESTERLY RIGHT OF WAY LINE 223.49 FEET; THENCE NORTHWESTERLY AT RIGHT ANGLES TO SAID WESTERLY RIGHT OF WAY LINE 90.94 FEET TO THE WEST LINE OF SAID SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SAID SECTION 13; AND THENCE SOUTH ALONG SAID LINE 241.36 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. ALSO LOT 9 AND THE VACATED ALLEY LYING EAST OF AND ADJOINING SAID LOT 9 (EXCEPT THAT PART OF SAID LOT 9 AND SAID ALLEY WHICH LIES SOUTHEASTERLY OF A LINE PARALLEL WITH AND DISTANT 56.5 FEET NORTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE OF THE MAIN TRACK OF THE CHICAGO AND NORTHWESTERN RAILWAY COMPANY, AS SAID MAIN TRACK IS NOW LOCATED AND ESTABLISHED ADJACENT THERETO) AND LOT 10 (EXCEPT THAT PART THEREOF COMMENCING AT THE SOUTHWEST CORNER OF LOT 10, THENCE NORTH ON THE WEST LINE OF SAID LOT 10 TO THE NORTHWEST CORNER THEREOF; THENCE EAST ON THE NORTH LINE OF SAID LOT 10, ¼ OF AN INCH; THENCE SOUTH TO A POINT ON THE SOUTH LINE OF SAID LOT 10, ¾ OF AN INCH EAST OF THE SOUTHWEST CORNER THEREOF; THENCE WEST ON THE SOUTH LINE OF LOT 10, ¾ OF AN INCH TO THE PLACE OF BEGINNING) ALL IN BLOCK 4 IN MERRILL LADD’S SECOND ADDITION TO EVANSTON, BEING A SUBDIVISION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN CITY OF EVANSTON, COOK COUNTY, ILLINOIS. PARCEL 4: LOT 9 AND THE VACATED ALLEY LYING EAST OF AND ADJOINING SAID LOT 9 WHICH LIES SOUTHEASTERLY OF A LINE PARALLEL WITH AND DISTANT 56.5 115 of 359 12 3473688v5/09036-0075 FEET NORTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE OF THE MAIN TRACK OF THE CHICAGO AND NORTHWESTERN RAILWAY COMPANY, AS SAID MAIN TRACK IS NOW LOCATED AND ESTABLISHED ADJACENT THERETO, ALL IN BLOCK 4 IN MERRILL LADD’S SECOND ADDITION TO EVANSTON, BEING A SUBDIVISION OF THE WEST ¼ OF THE SOUTHWEST ¼ OF THE NORTHEAST ½ OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, COOK COUNTY, ILLINOIS. 116 of 359 117 of 359 118 of 359 aNNQiRofn cTle Ir nI> i !~.Nn Inn FCrT IN wInTIJ rxrrrJnlN(; !JV ra nNn n(~IinCC 71J~SOUTIiE,1ST Y.~ Of Tlif. SOUTH\VEST'/+ OF THF. NORTFIEAST'/+ OF SECTION13, TONNSHIP 41 NORTH, I2ANGL 13 CAST OF TF1E THIRD PRINCIPALMGRIDIAN, SAID STRIP OF LAND 6GING 50 FIiGT IN WIDTH ON L-ACFI SIUGOF THE FOLLON+ING DESCRIBED CENTER LINE: BEGINNING AT A POINT ONTFIF N(1RTIi I.INF nF CAIn COl DTI [F,gCT ~/, (1F TI{E S(1IIT~~1 V1FCT ~/, f1F TFIF.NORTHEAST'/.OF SECTION 13 (SAID NORTH LWL BEING .ALSO THE' CGNTL2I.INF UY LYUNJ S'I ILI:GI'~, UIJ`IANI~~S th F.'I WtSI F,I(LY h~I(UhI l'I'ItNORTFIGAST CORNL'A2 THGRGOF; TIiLNCE SOUTI~RVfiSTL•RLY ALONG ASTRAIGHT L~tiE;i v1ST! iJCG OF G"oS.90 FGGT, i.iO~L GR LGSS, Tv n PGih;ON THG NORT13 LWL• OF C[~NRC4[ STRCGT, DISTANT 591.18 F~GT WCSTERLYFROM THG MTCRSCCTION TH6RBOF WITH THE• NL•ST LINE OF LOT t21NBLOCK30F'GILBERT AND FARMER'S ADDITION TO EVANSTON, ADDTHcFE TEitURd~iTitJG; caCEFT TfiEREFROrci Tiii~T Pi.RT OF THE LANGFALLING W1TI{IN LOT 9 AND T71L• VACATED ALLGY LYWG EAST OF ANDADJOIN W G SAID LOT 9 WHICI I LICS SOUTFIGASTGRLY OP A LMG PARALLGLWIT{: A\B GiSTAN: iu.5 FCc t30i T,: b"c3T6RL ~, h:Gr."uU.: D A; AIGI-ITANCI.I;g FROM THt: ~r•NrE2 ~.INE OF THE MAIN TRACK OF TNT SHICA~nAND NOR'CHNL•STERN [tAILMAY COMPANY, AS SAID MAIN TRACK IS NOWLOCATED AND ESTABLISHED ADIACENT'[7-lERETO ALL IN BLOCK 41NML'2RILL LADD'S SCCOND ADDITION TO HVANSTON, 6C•ING ASI~eDNIS!QN OF T.I?E 198ST'/_ nF THE SO! ~T!1ERST'•: nF?F!F NnRTHF.45T :,OF SGCTION I3, TOWNSHIP 41 NORTFI, RANGG 13 LAST OF THIS THIRDVRINCIPAL MHRIDIAN, IN COOK COUNT}•. ILLINOIS.ngRT np T},~-gn~~r.~E,gr .; OF T:?IE Sn 4H~gc~~r ,np TingNORTHEAST Y.Of SGCTION 13. TOWNSI-TIP 41 NORTI I, RANG13 13 LAST OF'fH8'fHft2D 1'R WCIPAL MLILIDIA~, LYING WL'S'f OF'fHli RIGHT UY WAY OFYI I8 CIIICACO AND NORTI IWESTGRNJUNCTION RAILROAD, CXCCPT T4[ATPART THEREOF 7'AKL'N FOR STRHETS, AND GXCGPT THAT PNtT THEREOF'DESCRBED AS FO~LO W S: BEGINV ING AT TH E INTERSECTION OF TH EWF.STF.RLY LING OF SAID RIGI~IT OF NAY WITFI THE WEST LIN80F SAIDSOUTf f GAS ~ Y. Of Ti Iii SCUTi 1 W GST k5 OP Ti l~ NORTI (EAST % OF Sf.1DSHCTION 13, IICING AT A POMT 10?.7? fGGTN02TH OF TFIG SOUTFI WGSTCOANGR OF TI1C SOU771LAST'/, OP T! fE SOUTI I W EST'/, OF TIiG NORTIIEAS7OF SAID S[CTION 13: THHNCE NORTHEASTERLY ALONG SAID WGSTHRLY2IGl IT OF NAY LME??3.49 FEET; TIiENCE NORTHNESTERLY AT RIGHTANG~GS TO SND WESTERLY RIGHT OF WAY LINE 90.94 FL'LT TO Th1H WESTLING OF SAID SOUTI IGAST'/, OF TF1G SOUTHNHST'/, OF TI1L' NORTI IGAST Y.OF SAID SL•CTION U; A1:D TNfiNCE SOUThI ALONG SAID LINO 2413E FEETTO THIi POINT OF Rf:GiKNING, L•XCLPT THAT PART TNHRHOP TAKEN FORSTRCGTS 17`1 COOK COUNTY, 1LUV015.rna~=tt:„RCEL .,TI{AT 7'.ART n4 TFIC Gnl ~TUF.gcT'4 OF TII E cOI~TkIwtcT % Op THENORT4IEAST'/, OF SLCTION U, "fOW NSHIP 41 NORThI, RANGG 13 LAST OFTHE THIRD PRMCIPAL MERIDIAN, LYING WGST OF THC RIGHT Of WAY OPTHE CHICAGO AND kORTHWLSTERN JUNCTION RAILROAD. DESCRIBED ASCOLiC:L'S: GL'GITdNI7J3 i,: ::~:K;E:3~C;{vid ~,F TPIc WcS7i;,:L~ L'u:c 0SAID li1GHT OF W.4Y WITH THH WEST LME OF SAID SOUTHEAST'/, OF THESOUTH W EST Y OF THE NOItT111iAST'/, OF SAIU SECTION 13, BEING AT APOINT' 10?.7P FEET NORTH OF Ttl6 tiOUTH WIiST CORNIiR OF T418SOUTHCAST', OF THE SOUTH WCST'/, OF THC NORTHf:AST'/, OF SAIDSL•CTION ! 3: 741LNCG NORTIiL.4STGRLY ALONG SND A~GSTL•RLY RIGHT OfWAY LINE ??3.d9 FGET; THHNCG NORTIi W BSTGRLY AT RIGHT ANGLES TOSAID WESTERLY RIGHT OF WAY LINE 90.9-0 FEET TO THE l5'EST LINE OFSAID SOUTI IL"AST Y, Of TI IH SOUTH W L"ST'i+ OF' THG NORT4IL'AST % OF SAIDOff: TL'PN.L AID L:NC ^iIJS PC'ST. TO T;I~POINT OF ~EGINNMG, MyCOOK COUNTY, ILLINOIS.nLSOLOT 9 AND TFIE VACATED ALLEY LYMG FAST OF AND ADIOMMG SAIDLOT 9 ([XCLPT TI1AT PA2T OP SAID LOT 9 AND SAID ALU3Y W I IICI~I UGS3vUT4iEASTCRLY' Or ,v LINT PARALLCL WITiI ANG GISTnN?i6.i FeFTNO2THWESr_rai y~ n1EASlP.LD ~T RlGk!TANGL3S, }:RQn4 T!.IC CENrLRLML OF THE' MAIN TRACK OF TIiL CHICAGO AND NORTHW LSTHRN2AILlVAY COA4PANY, AS SA[D MnIN TRACK IS NO1ti LGCATED ANDCSTADL[SFIED ADIACENT TFIERETO) AND LOT 10 (CXCGPT TIiAT PA2TTHEREOF COMMENCING AT TI1E SOUTIi W EST CORNER OF LOT 1 U; TFIENCENUIC I I i UN'I 1'It. W C)1 LINY Uh JAIIJ LU I 1 U'1 U ~I'l It fJ V I(I Ii W FJ 1 (:UILNI_IcTI I6RCOF: TI ICNCC LAST ON TIiC NORTIi LINF:OF SAID LOT 10. Y. OF ANMCH; TFIENCE SOUTH TO A POINT ON THE SOUTH LING OF SAID LOT 10, 3;OF AN MCH EAST OF THC SOUTHN'LS"f CO2NE2 TI-ICRLOF; T4IGNCH NE57'ON THG SOUTH LNL OF LOT 10,'/.OF l~N (NCH TO THC 1'LACL' OF0E0lNNING; /:LL !N BLOCK 4 W lv1ERRILL ! ADD'S SECOND ADU1T!ON TOEVANSTON, RGINC A SUDDIVISION OF TI IL W EST % OF TI1E SOUTI~I WEST'/,OF TI IG NORTI IGAST'/. OF SHCTION 13, TO\VNSI TIP 4i NORTH, RANGC 13CAST Of T41G TIi1RD PRINCIPAL MC-RIDIAN. M CITY Of CVANSTON, COOKCOU!~TY, ILLINOIS.LOT 9 AND TILE VACATED AI,LGY LYING BAST OP AND ADJOINING SNDLOT 9 M!.I!CH LIES SOUT}IEf.STSRLY ^F A LI~!E P.^.RALLBL 14!r~.~ nw~pDISTANT i6S FBGT NORTFIWL•STERLY, MEASURED AT RIGHT ANGELS,FROM THH CENTER LING OF THG MAIN TRACK OF THC CI~IICAGO ANDNORTH\l'ESTERN RAILWAY COMPANY, AS SAID MAM TRACK IS NOWLOCATED AN9 BSTABLISIdED A9!ACENT T[{HRETO. ALL fN RLOCK 41NMERRILL LADU'S SECOND AUDITION TO EVANSTON, BEMG ASU6DI V ISION OF TIiG p~EST'/:Oh' Tf IE SOUTI I W EST Y, OF TH~3 NORTIi CASTY+OF SL•CTION 13, TOWNSIiIP 41 NOItTI~I, RANGH 13 CAST OF TI{~ TI11RDPRINCIPAL MLRI DIAIv, COOK COUNTY, ILLINOIS.State o/ Illinois ~ ss.County of CookI, Davitl Bycro/t, on 111inois P~olessionol Lnnd S~~~eyor, do hereby ce~tily shothave surveyed fhe properly described in the rnption of this plat and thot thisplat is a con ecf represen fofion of said surveyos Illinois Prolessiond Lantl Surveyror No. 2846 IX3PUIRf5 Z30TAis professional service con/ems to the wrrent Illinois minimum stantlords /a a bounCary surveyFa easements, building lines and other restrictions not shown hereon,ref to your abstract n/ title, deed. title policy and I~cai zoning ordinance.Field work completed on September 8, 2010.FILE N0. f 0-5856119 of 359 E7.8.s.10.11.12.1 J.14..5.16.77.18.19.20.27.22.23.24.L5.26.27.~.z.3.4.GENERAL CITY NOTES FOR SEWER SYSTEM SPECIFICATIONSTHE ~~NTRACT(~R CHpLL lNCTA1l ALL. SEVlER IMPROVEMENTS PFR "CTANI_1ARD ~PFCS. F(~RWATER &SEWER MAIN CONSTRUCTION IN ILL.(LATEST ED.), MWRD. SEWER PERMIT ORD.:STANDARDS &PRACTICES &APPLICABLE CIN OF EVANSTON: CODES, ORDINANCES & STOS.uwe0~r CFWFR aERMIT STANDARDS SHALL TAKE PRECEDENCE IN CASE OF CONFLICTTHE CONTRACTOR SHALL NOTIfY: MWRD.-PERMIT SEC.-708/586-4055 (FOR SEWER WORKIN COMBINED SEWER AREA), CITY: ENG.-847 #866-2966/P.W. DEPT.-N326-2700, OWNER& ENG.-847/439-8225 A MIN. OF TWO ()WORK DAYS eEFORE srARTING ANY WORK.THE FOLLOWING APPLICABLE PIPE MATERIALS &JOINT 54ALL BE USED:A POLWINriCMLORIDE PLASTIC (SDR-26 PER ASTM. D-2241-PIPE & D-3139-JOINTS8. DUCTILE IRON (CL-52) PER ANSI. SP C.-A21.51/PIPE w/A21.11/JOINTS.C. REINFORCED CONC.(Cl-IV~ PER /STM. SPEC: C-76/PIPE w/C-443 JTS. (STORM ONLYI)D. ..OFF'cR TUBIi:G (ttFE-K~ FER AS.T.M. SF'cC. B-H8ALL SEWERS SHALL BE CONSTRUCTED w/ BEDDING COMPRISED OF 7/4"-1"0 AGG. (CA-11)WITH THICKNESS EQUAL TO 1/4 PIPE DIA., BUT N0T LESS THAN FOUR (4) INCHES MIN. &SHALL tkTtND TO f2" OVER iHG TOP Oh PIPE.CR:; SfED R3 .^.E:,~?C ~w. S, SH:, BA ~:F:: J`JDEP. OP. ;YlTY.Ii:iWOyff. OF ANY EXIST. OR NEW CURB WALK. PAVEMENTVOR BUILDING TO 95~ DENSItt.- I T SPE .-ART.603.GATE IN 12" MN(. LIFTS METHOD I PER DO . CHE SHALT_ COMPACT AGGRE ( ),:vr.~r: ~er~r:ecrr:c *o ^x ex:sr,r:c s~v~e rr~~: sr :+pus e*yes ,~, r:.e>: ~x:sr.::~:. r~~np pu cvicr!yr. ~~en~up~c rub cni i nwipir_ ~,~crunnc cu i ar i iccn,A CIRCULAR SAWCUT OF SEWER MAIN BY PROPER TOOLSe'SHEwER TAP' MACHINE OR SIMIfARAND PFtOPt72 IN5IALLAIION OF HUB-WYE SADDLE Ot HU8-TEE SA~ULE.B. REMOVE AN ENTIRE SECTION OF PIPE (BREAKING ONLY THE TOP OF THE BELL) &REPLACEWRH WYE OR TEE BRANCH SECTION.C. WITH PIPE CUTTER, NEATLY e ACCl1RAT^oY AUTO oT DESIRED PIP^ BEN NTH FOR INSERTIONOP PROP:R ~ ).T:!!C. ,...~`:C ...4:D°_E".:..., ~^~,L"... COLiPL'!dCS ...::..L,. IT . I..:.:'~ :`: PL^.C~.THE CONTRACTOR SHALL USE "BAND-SEAL" COUPLINGS TO CONNECT DISIMILAR PIPE MATERIALS.THE CONTRACTOR SHALL INSTALL 48"0 MIN. DIAMETER PRECAST REINF. CONC. MANHOLES WITHPRECAST POURED CONCRETE 80TTOMS, RUBBER PIPE BOOTS INTEGRAL CAST w/BARREL.THE CONTRACTOR SHALL PLUG &SEAL ANY ABANDONED SEWERS USING 24" CONC. PLUGS.ALL SEWER &WATER STRUCTURES SHALL HAJE A MAX. OF 2 ADJUSTING RINGS w/8~ MAX, iiT.ALL STRUCTURE SECTIONS & ADJ. RINGS SHALL 8E SECURELY SEALED TO EACH OTHER & TOFRAME &COVER USING RESILENT FLEXIBLE NON-HARDENING PREFORMED BITUMINOl1S MASTIC.THE CATCH BASINS SHALL BE PRECAST REIF. CONC. STRUCTURES w/ BOTTOM CAST INTERGRALWITH LOWEST SECTIbN & DIA. DEPENDENT ON PIPE SIZE. (30' NP.-CATCH BASIN SUMP DEPTH)11'IG ~Vt1A711~INta` ~~l~E-1 li.~. ~I(I~M1~C CL ri1Vt'IG SHnLL Bc U>"eu VIV LHII.{1 tlNJIM1I~ QC ~Nl~~:A. NEEPS.H F~LkDR.: R-2533 ~RhUE 3c "CP~ty" OP,ATE ~ ID° FOR D:J:IYA3E S?P.L~CTUP.ESB. NEENAH FOUNDRY: ~R-7772 FRAME & "SOL10~ LID FOR STORM MANHOLESNOT USED.ALL SE1YE4 :lNES SF'1!1 IM1SP:CTEC BEFORE BACY.F:LL 3 "APPP.O~'ED" FOP. US: BY 1P:SPECTOR.- A. LOW aRCgc_iiRE .4R TEST /4. S?D. SPECS./WATER-SM'E? CONST./SEC-3!/1.1?9/3)8. ALL PVC. PIPE SHALL BE §OBJECT TO DEF`LEC710N TEST (PER MV/RD. MANUAL: ART.-10)5 D BY : ENG. Cltt O. EVANSTON & MWRD. INSPECTORS.CSEWER TESTING SHALLBE WITMES EXPOS BY CONSTRUCTION.-CONNECT ROUTE LIVE DRAIN TILE E EDTHE CONTRACTOR SHALL RE /CONTRACTOR TO RECORD LNE~ DRAIN TILES LOCATION, PIPE: MATERIAL, DIA. &INVERT ELEV.THE COMRACTOR SHALL NOTIFY THE UTILIN COMPANIES &REQUEST UTILIN LOCATES PRIOR TO- ~ •~ r cE~r.-ca; ,,,acs-zaaz`- ~~~ a ci~v: sexER .F ERSTARING WORK. (J.U.LLE. ~BOC/G5<-0'° I is lTHE CONTRACTOR SHALL INDEMNIFY: ENGINEER, OWNER, SURVEYORS, M.W.R.D.GC. AND CITYEMPLOYEES, INCLUDING THEIR AGENTS FROM ALL LIABILITY.THE CONTRACTOR SHALL RESTORE DISTURBED CI1Y PARKWAY LAWNS WITH 6" TOPSOIL &SOD.THE SPOT ELEVATIONS SHOWN ON THE PLAN ARE BASED ON THE 1929 USGS. DATUM.THE CONTR4CTOR SHALL REMOVE &DISPOSE OF ALl DEBRIS, UNSUITABLE &EXCESS MATERIAL.THE CONTRACTOR SHALL VERIFY UTILIN LOCATIONS &ELEVATIONS BEFORE STARTING WORK. HESHALL NOTIFY THE ENG. OF ANY DISCREPANCIES & 8E RESPONSIBLE FOR ANY DAMAGE THERETO."FIELD" PLANS SHALL BE KEPT BY THE CONTRACTOR & SUBMITTED TO THE ENG. TO PREPAREAS-BUILT PLANS. CHANGES IN PIPE; LENGTH, MATERIAL, LOCATION, ELEV., SLOPE OR ALIGNMENTSHALL BE SHOWN IN RED". (ENG. TO FURNISH 4 'AS-BUILT" PLANS T0: CITY ENG. & MWRDGC.)THE CONTRACTOR SHALL FULL DEPTH SAWCUT REMOVAL LIMITS OF CURB, WALK OR PAVEMEM.WftEittVtR A S[WEK CRGBSGS UNUEK THE WATEk, a MIN. VtR11CA~ C~tARANC[ FkOM TGr GrTHE SEWER TO THE EOTTOM OF THE WATER SHALL 9E 78 INCHES. A 70 F~'. MIN. HORIZONTALDISTANCE BETWEEN THE SEWER &WATER PIPES SHALL BE MAINTAINED UNLESS, THE SEWER ISp10 IN THE SAME TRENCH WITH THE WATER LOC.4TFD P.T THE OPPOSITE SIDE OF THE TRENCHON AN I;hDISTURE:D EARTH BENCH \SAN?AIYl~C THE '8" A'IN. VERTICRL °EP,MAT:04. '~ TY:MIN. 78" VERTICAL OR 10' HORRONTAL DISTANCES CAN'T BE MAINTAINED OR SEWER CROSSESOVEk THE YIATERdriiJN, THEN WITHIN A 70 FT. DISTnNCE ON EITHER SIDE GF THE WHTER PIPETHE SEWER PIPE MATERIAL SHALL BE CAST~DUCTILE IRON OR A WATER TIGHT EQUAL. IT SHALLBE TESTED TO ASSURE WATER TIGHT(EX: CIP/DIP. OR PVC (SDR-18/C-900 PRESSURE)THE CONTRACTOR SHALL GUARANTEE HIS WORK do MATERIALS FOR A ONE (1) YR. MIN. PERIODTHE CONTRACTOR SHALL BE RESPONSIBLE FOR HIS OWN CONSTRUCTION STAKING &LAYOUT.GENERAL CIN NOTES FOR SURFACE IMPROVEMENTSTHE CONTRACTOR SHALL PERFORM ALL WORK PER CITY CODES &ORDINANCES &THE"STANDARD SPECIFICA710NS FOR ROAD & BRIDGE CONSTRUCTION' IN ILL.(I.D.O.T.-LATEST)THE CON7ftACTOR SHALL USE CL-SI CONCRETE FOR ALL SITE WORK. IT SHALL HAVE MIN.3,SOOP.S.1.-14 OAY COMP. STRENGTH AND 47-67 AIR ENTRAINMENT. (MIN. 6 BAG MIX).THE CONTRACTOR SHALL NOTIFY: GIN: ENG.-847///866-2966, SEWER/WATER DEPT.:#866--2942 & ENG.-847/(f439-8225 A MIN. OF 7W0 (2) WORKING DAYS BEFORE STARTING.THE CONTRACTOR SHALL COMPACT FILL TO THE FOLLOWING MINIMUM DENSITIES:A. UNDER AND WITHIN 5~ OF THE BUILDING - 95% MOD. PROCTOR3. UNDEP. APJC W;TH1N 2' OF THE PAVEMENT/W.AL:( - 95% MOD. PROC?ORC. REMNNING NON-PAVED AREAS - 90~ MOD. PROCTORE CC4TP,ACTO° Sh41LL FJLI~-0EP?H SA4lCUT A`:Y WALK 0° CURB °E6!OVA: LItGITS.THE COMRACTOR SHALL REMOVE & DISPOSE OF EXCESS EXCAVATED SITE MATERIAL.THE CONTRACTOR SHALL RESTORE DISTURBED CITY PARKWAY LAWNS WITH 6" TOP SOIL &SOD.THE CONTRACTOR SHALL VERIFY ALL ELEVATIONS & NOTIhY THE ENG. OF DISCREPANCIES.THE CONTRACTOR $HALL INDEMNIFY: OWNER, ENGINEER, ARCHITECT, SURVEYORS, M.W.R.D.G.C.EMPLOYEES, INCLUDING THEIR AGENTS FROM ALL LIABIIIIY.THE CONTRACTOR SHALL "STRING LINE" THE PROPOSED PARKING LOT SU8-GRADE &CHECK IT'SSLOPE TO INSURE IT IS GRADED IN ACCORDANCE WITH THE "APPROVED' PLAN.THE CONTRACTOR SHALL "PROOF ROLL" THE PROPOSED PARKING LOT SUB-GRADE &CHECK IT'SSLOPE TU INSUkE IT IS GkADE~ IN ACCORDANCE WITH THE 'AFFROVED' PLHN.THE CONTRACTOR SHALL GUARANTEE HIS WORK & MATERIALS FOR A ONE (i) YEAR MIN. PERIOD.THE CONTRACTOR SHALL BE RESPONSIBLE FOR HIS OWN CONSTRUCTION STAKING &LAYOUT.IFP .-WAT R NO ~DIVISION-N/ WATER DISTRIBIfiONSECTION 47: PIPE INSTALLATION fOR WATER MAINS47-1 GENERALPIPE SFWJ. BE INSTALLED IN ACCORDANCE WIiH A4WUFACNRER'S SPEpFIGT10N5 k INSTRUCT--IONS FOR THE NPE OF PIOPE USED k MPUCABLE ANWA SirW0~12D5, SUCH AS C-6W & C-603,UNLESS MODIFlED OR CHANGED IN THE SPECUL PROVOSIONS.ai-2 coNSmucnor+41-2.01 PROTEC710N OF WATER MP1N B WATER SERVICE IJNEStt-2.OlA GENERALWATER MAINS k WATER SElMCE LINES SiULI 8E PROTECTED FROM SMIRMY SEVIERS, STORMSEWERS. COMBMEO SEWERS, HOUSE$ SEWER SERVICE CONNECTONS PND DRP1N5 AS FOLLOWS:41-2.018 HORIZOMAL SEPARAl10N -WATER AWNS k SEWERS(1) WATER MAINS SWELL BE LOCATES AT (EAST TEN (70) Ff./(},~M) MORRONTALLY FROM ANYIXIST. OR PROP. DRAIN, STORM/SANRNn'/COMBINED SEWER OR SEWER SERVICE CONNECTION.(2) WRIER MNNS fMY BE LOCATED CLOSER TlWI TEN (10) Ff./(},~M) i0 A SEWER LINE WHEN:(A) LOCAL CONOIilONS PREVEM LITERAL SEPARA710N OF 10 Ff. OR 3.1 METERS; AND~Bi SATYR A4VK ItifEFT :.^. AT :::ST 1E IN.IC-06U;.:M) ABC.£ S}'~E S~~W~R'S C20'~YN: ;.ND(C) WATER IMIN INVERT IS EITHER IN A SEPERAIE TRENCH OR IN THE S4ME TRENCH ONAN IINDISTURBE~ EARM SHELF LOCAIE~ TO ONE SIDE OF 7HE SEWER.(3) WHEN IT IS IMMPoSSIBLE TO MEET (1) OR (2) ABOVE, BOTH WATER MNN, ORPIN k SEWERSHALL BE CONSTRUCTED OF Of SUP-ON OR MECMPNIGL JOIM GSA/DfICTIIE IRON PIPE, PRE--STRESSED CONC. PIPE OR PVC PIPE EODUNALEM TO WATERM/JN CONSTRUCTION STMIDARDS. THET TiE MN(. IXPECTEO SURCIURGE HEAD BEFOREDHNN OR SEWER SWELL 8E PRESSURE TESTED 0B~CKFlLLING. (SEE IEPA STD. DRAWING-(1B)41 -2.O1C VEfiICAL SEPARAION -WATER AiPINS & SEWiR'ap u~p'rq buy cum ar erwpoe;,r rQp_y e e~eo ep ?uqr ~c n,_rycor ~e .9' !.11!' f!F^MAI 5 O55 STORM. SnNRFR1' SEWERMM. ~A~OVE THE DRNNUOR SEIVER CROWN WHENEVER WATER N CROR SEWER SERJICE CONNECTION. 7HE VERTIC.LL SEPARAPON SHALL BE MAINTPINED FOR 1HAT PORTIONOF THE WATER MNN LOGlEO M7MIN LEN (10) Ff./(S.1M~ HORIZOMALLY Of ANY SEIYER OR DRAINCROSSED. A lENC7H OF WATER IANN PIPE SHALL BE CEMERED OVER THE SEWER TO BE CROSSEDWIRI JOIMS E~UIDISTMIT FROM THE SEWER OR GRAIN.(2) BO1H WATER AWN k SEWER SIULL BE CONSTRUCTED OF SUP-ON OR MECHANIGL JOIMClST/DUCTILE PIPE, PRESTRESSED CONCRETE PIPE OR PVC. PIPE EQUNALENf TO WATER MAIN STAN-DMDS OF CONSiRUCT10N MTIEN:~A) It 11 IMPU>i51(fLL IU Ub~NN IH! YKUVLIt VGKII(iLL SGYAIUIIVN Al' UG'lkltlGO IN(i) move; oR~tl) 1Mt WAIEK MAIN P/S]E:~ UNOGet A lEWtN UK GRAIN(3) A VERTCAL SEPRRAPON OF 1B` (IfiOMM) BETWEEN THE SEWER OR DRAIN INVERT k THEWATER MAIN CROWN SHALL BE MPIMAINEO WHERE A WATER MAIN CROSSES UNDER A SEWER. SUP--PJrcT 1HE SelvFlt ON ukP1N UNtS 70 YkEVtM Sfi1I~NC B BRENtMG THE WATER MNrv, N SnUwNON T(HE PUNS OR AS 'MPROVED~ BY THE ENGINEER.pISTANCE CFROM THE WATER MNN TON7HE SEWER OR DRAIN LINE ~S ATNIFASTnTEN (10) FEET/(1.1~M(SEE STANOAR~ DRAWINGS X20 - /23)S'.-2.CiD WA7~1t ~E.°.`f,CE J!lE5S~u~1) THE NORI~OMAL k VERIIGLL SEPARATION BEIWE ~W `TER SFJMCE IJNES AND ALL STORMAw. MuR!NF_ FMT.Pe .P. I~^' M<IN nR S4'MER r r r~N4ECTlnk SNell PE TN. ~I.uFAS WATER MNN SEPARATION REOUIREMEN75 DESCRIBm I~Np~4~1-2.OtB k 41 -2.01C ABOVEWHENZ~MINUAUM HORIZ NElALR~kEVE IICAL SEPMATON~CNJT BE AWNTNNm SEWER SERVICE LINES3:- 2.C1E S^CCUL CCNDI!:CASCONDITIONS IN 47-2.018. 41 -2.07C & 41-P.O1D OR AS SHOWN ON STANDARD DRAN7NC5 /19/21 SWV.L BE MEf UNLESS SPECILL CONSI~ERA710N5 ARE COVERED IN THE PUNS k SPECLSLPRbVIS10N5.41-2.01F SEWER WINHOLESHG V:AFR FIFE Siiu;. ?lS5 TNfiCUGH OR CG~E i~0 ~OhTACT 6'Ti i1F1Y ?ART OF A Sf~R ORSEWER MMHOIE.41-2.02 IXGVATION k BACKFILLIXCAVATION & B~CKFlLL FOR WATER MAINS SHALL CONFORM TO THE PROVISIONS OF SECPONSTHE RE UIREMENfS BELOW.20 21 ^.2 k D41-2.01A DEPTH OF COVERA PIPE SHALL BE WD TO A MINIMUM DEPTH AS SHOWN ON THE PUNS @ MEASl1RED FROM THEIXISTING GROUND SURFACE OR ESTABLISHED GRADE TO THE TOP OF THE fl4RREL OF THE PIPE MIN.7..: hT.i ~w`:G~ :~O~A i ' E:. 3' ~ ' ~ :EE •••_• ~ :A ~ J ~~'L': C NO i~ n'~nK~~~ 9 R I~AP~C ~V fRNFSASH~ ~~ NEC~TFTp~6SSU0SEQUEM~~CAVATON OR FlLL, THE MAINS41-2.OPB PIPE fOUNDAT10N5 & UNSUIBLE TRENCH CONDRIONSUNSTABLE'OR UNSUIRA~LE 7RENCHUCANDITIONS~SEE: SE~ON 2052 ZOA (2),T(3)S&2Q4~2.20. FORM.W.R.D.G.0 GENER4L NOTES1. ME MflROP0UfM1 WATER RECI.VMATON DISTRICT/NWRD-FlEL➢ OFFlCE S1WL BE NOPFlm ATIE.tSf iW0 (2) WORKMG MIS PRIOR TO ME COYMENCENEM OF WORN. (]OB//588-1055)2 EIEVAl10N M1UM USm WAS BISm ON 1929 U.SG.S.s. ui Fl.00x awNS sruu oiscxNeee to n~c su+nua sEw[x.4. ALL DOWNSPoI115 SMN.L SPVSN TO GRADE OR STORM SEMER. THERE ARE ND F90TINC ~R/JNS5. NL SViRAR'( SEIYEIt PIPE k JOINTS AND SttIRN SEWER %P6 R JOINTS IN A COAIBINmSEWER MEA S .W CONFORM N THE ,FMLOWNG SPECIFl~l.M1Y5, ~S MdIGNLEN~~C-425vice (c-goo) (C-425)CONCRETE PILE fC-~61 (C-{{J)R~NiJRCiD WNLYtc ci Firt. RCP (v-i6j (C-NabAC. PIPE OGP (C-4TB) (D-1889)!0S SEYfER PIPEA2~. SOLD W.i. B'1 : 1SPC PI?E ~SLMt-?3.5~ ~ (0-4]51)ABS D-2751OMPOCIT / iRt~cc PPe•~ -is~rss. w~snc PIPE ABS (D-2680) (o-zsao)PvC ukaNix SEVrtR hFE6'I - i5Y (SUR-25/D-Jlll!) (D-3212/GOaket w D-2&55/SOhent)18'~ - 2]'r (F/DY-46/F-6]9) (D-3314/Casket or D-2855/Solvent)G5~ IRON SOIL~184P PEPC.I.SP. (A-]L) (C-564)~ DI:CiIIE iRGN SEVI'cR PIPE D.I.F. (A-21.511 (R-21.1 i)8. NL SINRARY SEWER CON5IRUC11(Nl, M'D STORM SEMER CONSTRUCPON IN COIL&Nm SEWQtMF/S, REWIRE STONE BEDWNC: 1/4'{ - 1't IN SIZE NiM THICKNESS EQUAL M 1/{ 1HEO~1f510E DM4ETfR 0~ THE SE :E? PIPE. N.rt u0T LAS M4! FQUR (a) HKH~ N9R u~RE11MN EICHf (B) INCH6. WiERI~LS 51ULL BE G-11 OR CA-13 AND SMALL BE IXIENDEOAT LFASf 17' /COVE MG TOP flf HPF_i. ulviD-SEK- i t SiMi1Fk FiOii~-i frE ~Y1LPlIN4i ihA~i 6E UaE~ IN TMi LUNNECiNiv 4iSEWER PIPE OF dSSIYLLAR MAIERWS.8. WHEN CONNECTING TO M! IXI551N6 SENOR YNN Bf NLVIS OTHER TuN /J1 F%~ST. WIE, IFSOR IN IXISfING MANHOLE. THE fOLLOMiN6 MflHOpS SW1L BE USED.A CIRCUW2 51W-CUT SEWER NNN BY PROPER TOOLS 'SNEMER TAP' MACNME OR SIMIURWD ?P.0?ER INTTNUMN Ci HUE-WYE °_HOLE 7R YUB-TEE SMttE.B. REMOVE IN ENTIRE SECTION OF PME (BREAKING ONLY 1HE TOP OF ONE BELL) k REPLACEwm~ w wre ote ree awwcx sECnoN.C. WITH PIPE CUTTER. NEARY IlW ~CCURAIE~Y fM-OUT THE DESIRED LENGTH W PIPE FORINSERTION OF PPOPER FiIiIN6 USMC 'flVID-SEAL' OR SIYIWt COUWNC TO HOLD RFlRMLY IN PALE.9. WHEREVER A SEWER CROSSES UNDQt iNE WAIERILJN, ME NIN. VFRiMJiL D6fNlCE FROM TOPOi SlM9t TO BOTTOM OF wnTERAwN SFULL BE 1B'. FiJIHERMORE. A YIN. HOR¢ONfPl WST~NCEOF f0' BETWEEN SNlRM~'/CONBMEO SEWERS u1P WATERWVNS S~Wl 8E 1WNfMNEO UNLESS.1NE SHYER IS WD IN A SkPER/I~IE 1RENCH, KEEPING 18~ MIN. VERIMi1 SEPERATON, OR MESEWER IS WD IN ME SWE TRENCH NIIH WAIERMNN LOGTED AT THE OPPOSITE SIDE ON A9'S:CM C` U::C4.JP.9CJ &:4'4.::`S^I\:. A :E~ J:1:. Y:PI::.A~ Z^kP.AT.CY. IF EiN'_R ^:E~ OR unRITONf ~ ocrAU a p~CRIBED ~HWE GNT BE MNNfNNm. OR THE $EWWE@fap5~~e „g TMF ~v~ auuN, THE SEMER SH/J.L BE CDlLSiRUCTED TO WAIERNNN STANONtO.(IX: C.I.S.P./Cmt Iron Soil ppe, D.I.P./DucU'le Imn Pipe or PVC./SMt-IB/C-900 Prmeuro YOe)10. NL IXISPNC SEPTIC SYSTEMS SMNL BE 'AVIDONFA. /SWOONED TANKS SfWl BE FlLLED wfMCRANUUR WTEPNL OR RENOYED.i;. w. swrtrav u:Hiw~s u~o usa srcFU sEw~ uu~~s w coue~N~o selr~a uxvs, s'uuHAVE A NIN. M151DE ONNEIER OF 40 INCNfS. M'D SHAH. 1NYE C/Sf-~N-PUCE OR PRE-GST~e~~.a~ ~~.~~~1T. 'FlF1D' PLWS SHALL BE KEPI 6I THE COMPACTOR k SUBMIf7E0 ttl 1HE ENG. TO PREPMEAS-BUILT PLANS. ANY C!WlCES IN PIPE: LENGTH, II~IERVI. LOCATION, ELEVATION, SLOPE ORNJGNMEHf SWJ.1. BE SHOWN IN `RED'. (ENG. TO NRNISH 4 'AS-BIIIIY PLANS TO NNFDJ13. TIE CONTRACTOR SFWL LEST 1HE SEWERS i0R IN/IX-flLiPATION FOR NWROGC. INSPECTORS.A. SEWER lESRS TO ~ M1INESSm BN ENG.. N'MNDGC. @ NLLAGE/Citt R CANSULTMlT EN6.B. SllYERS SHALL NOT BE USm WITHOUT MWROGC. k NLVLE INSPECtt1R "MPROV~L~14. THE CONTRACTOR $HALL PBPNDON A DESIGNATED $EWEfl PIPE BY INSiP1L1NC A 2' LONG CONCRETE ORHYDRAULIC CEMENT MORiM PLUGS AT 80TH ENDS OF THE SEWER PIPE IDENTIFIED FOR A8.4NOONMENT.15. THE' COMPACTOR SHALL CONNECT 1HE SEWER PIPES TO THE NEW PREGSi CONCRETE MANHOLE W/RJ82ER FiPE CP'1TS CGNfOR41YC .0 ASTIR SFEgflGPON C-S23. ___SURVEYORDANO BYCROFf2340 S ARLINGTON HIS. RD, SUl7E 620ARLINGTON HEIGHTS, lL 60005PHN: (H47) 439-8225FAX: (8<7) 4J9-8221EM9!L: OA4E~9T03=RATAN. USSOIL EROSION & SEDIMENT CONTROL NOTES1. 7HE CONTRACTOR SHALL INSTALL &MAINTAIN SOIL EROSION CONTROLS PER "STANDARDS& PROCEDURES FOR SOIL EROSION &SEDIMENT CONTROL IN ILLINOIS" &CITY CODE.2. THE CONTRACTOR SHALL PREVENT SILT PROBLEMS BY INSTALLING FILTER FABRIC UNDERCATCH BASIN/INLET GRATES & A PERIMETER SILT FENCE ADJACENT TO CONSTRUCTION.3. THE CONTRACTOR SHALL FILTER ANY PUMPED EXCAVATION OR TRENCH GROUND WATER BE-FORE IT FLOWS INTO THE PARKING LOT &INTO THE STREET GUTTER.4. THE CONTRACTOR SHALL PROMPTLY SWEEP UP CONSTRUCTION MUD ON A DAILY BASIS.5. THE CONTRACTOR SHALL USE 1HE EXISTING PAVED DRNE FOR DEMO AND CONSTRUCTIONACCESS.ws :3..III~ ~~/_lr~l i.>xi ~ _! z >TYPE-I INI.Ei FILTERCATCH-ALL INLET PROTECTION(xet m sew)BSEW[R PIPE BEDDING DETAIL(Not to stoic)~z ....w. mws~ .. ~ ~xo ~ "w ~osmw24'0~~.CATCFi_ BASIN. DETAIL(TYPE C)(xat b s~welOWNERVEOLIA ES SOL1~ WISTE MIDWEST. TLC.1375 7TH AVENEWPORT, MN 55055OFFICE: (651) 40}_5705FA%: (651) 458-Bd55MOB:LE: (612) 709-79C6JEFFREY.ELLERD@VEOLIAES.COMwww.veo~wes.coMrerru BASIN W/ RESTRIGTOR DETAIL(TYPE RD)(r.~.VNORMAN J. TOBEAMAN & ASSOCIATES, LLC.CONSULTING CIVIL ENGINEERS2300 S. AflLWGTON HIS. RD., SUITE 620AFUNGTON HEIGHTS, IL 60D05PHN: (Ba7) 439.8225 FAT(: (B6'n 43&8227MAILQTOBEflMAN.US WWW.TOBERMAN.USee Site PlanWIDTH S )Slope i/4'/tt. in Direction of DrainageK ° m p1'u`~~6-3'-4' AGGREGATE BASE (TYPE-B)ON~7R ~ .TION NOTESINSTALL .f IdER E%YPN. J!. 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LEC. VA NT ~~ '~ I ~LO i i ~i.vT ~~v~j~ Z ~Q I~~" \ ~ ° LOT 3 ~ 6 a ~ ~ `• LOT 4 ~~~ ~ ~Y ~ LOT 4 ~~ ~Q~ 50 T I 50 XGRANUL/REXIST. PARKWGMASONRYGARAGEI I ILOT 5 ~ LOT 6 ~ LOT 7 ~ LOT 8'I.. vr~osm ~ ~o~no, {o' zp• M SURVEYOR OWNER ~ u"'E°"~""~°'~ NOAMA J.TOB & SCI '~-~~, -sd-L hlr~6+ _ DAND BYCROFf '/£OLLI ES SOLD WASiE M/DwESL CLC. µ~ CONSULTING CIVIL ENGINEERS~ ~-~ -tr' 2310 S. ARUNGiON His F0, 7775 77N AVEE ~ s°i}Or'~° -~ ~ ~` ~ ~ O ~ ~ ~ -_ SURE 610 NEWPORT, A1N 55055 2340 S. ARLINGTON HTS. flD.~ SURE 620 ~E~SCALE : 1 ~= 20~ G ~ n~^^ ~ -~ ~ ~m.e ean~ra Q y~~ ~e Vie' gRLINGION HElGH6, lL 60005 OFFICE (651) 003-5705 ARLINGTON HEIGHTS, IL 60005 -E ~° 50~~°~' ~Q'~ O ~.,, row e su x rye ~ PHM (847) 439-8215 FAX: (65l) 458-8455 PHN: (847 439.8225 FAX: (867) 439.8221 y~AYlf~N~ N pp n.~ Q g ~ ~,y ~ ~ FAx: (8a~) 439-B22I MoeILE: (672) 709-7906 n v,w. ~~ MAIL@708ERMAN.US WWVJ.TOBERMAN.US~~~y ~ 2ox8n Na----1 -A (H) R-1T,1-P EMAIL: DAVE~TCBERMaJ.US JfFFR£Y.ELLfROBVEOiIAES.COAf ~° °°'T'~~i ~~~~ O ~ ~+w~~a^ '~~ DESIGN FIRM N0:~ ,~ ~ ~,~,~ ~ www.vFOUaE-s.coM~ ~m ~~ ~ ~.~'~"' 184005910-~N+~~-m^~-~ ~-~o°~°~m~,~ ""'°'~' EXPIRES: 04-30-11iiiiiiiii ////////~~! n.,~~3G74 gR~EL////////// ~~i/ ~// ~ x59G86 ~ 1 x J£//i/////i/i///i~///~ ,~-0 FYE'e.S~ CANOPY ~ '''~,,,~ ~ ~q1,~b3////~~///~~i//%/~ /j~X59i2~T~TOT/7T~596 BB \"''n ' \I MWVI~~~/%/~~///////~//%/1G/1iiJ1~~/~~~~~~~j~T.rn/~~iTri /T~l%~i~ 97.15'~/~~iii~~~~~iiii~ ExISi. rii i~iiiiiiiiiii iiii i~~~% \~jji/////%/%Y/%//~/BONE-S~UCTUREONRY ~j~i%////////~/ // m~.~/// ///~//l~i.iiii -- Vi :i~i~i~ii%i ~ 96.88-532.57. /; ~ / rr //////////////~~~ iiiii~~'iiiiiiiii~~irT~iiiiiiiiiiiiiiiiii~i:iiiii~~ ~p ~iiiiiii iii iiiiiiiiiiiiiiiiiiiiiiiiiiiiiii iiiiiiiiii N.///////.///~/////////////////.///////////////.// //////sfi~ 96.68~oxI~~Q,,,_~..(N00°01'25"E - 160.43 ~w ~r 597.05 'Y~].11 T m 597.Oi.. ~i. 591~6L~ 1 1 1_ EY.IST. BLDG ~ ~i I o CURRENT OWNER: Si~2 9 bl~ ~ ROBERT STRANGE ENGINEERING ~~~Dote Revision N0. Dale Revision N0. Dale Revision ~ r PROPOSED SITE~.?~ 19325 oeF IMPROVEMENTS~'~:VANSTON~~ /~NJT Project No. ~L of 510-5856 oi~o er:'>(,~`',°,a091~"121 of 359 \ ~ ~ ~~,,, 611'"°„~ °”' SURFACE LEGEND SIGNING &STRIPING LEGENDQA 8' P.C. CONCRETE REINFORCED ~ 24" STOP LINE, WHITE PAINTd ~ . 6"x6"zNo.6 STEEL MESH ~i \ ~. ~~ c~ 6 ~~ _ _ -_ B" G:.P.!:l'L4R S!'99ASE;..PE 9 ~ STOP SIGN ON STEEL POST6' ARROW, WHITE PAINT~ I ~= ~ 2 BITUMINOUS CONCRETE SURFACE COURSE, (SUPERPAVE N-70)\ \ v~ 6" BITUMINOUS CONCRETE BINDER COURSE\ a 4" AGGREGATE &4SE COURSE TYPE B, CRUSHED CA-6\ \ \ \ ~ O 3" GRANULAR SUBBA E~NPE B ',-~ QD DOUBLE COAT '..\ FO \ II COAL TAR ~.,~ ~'R~r~R ~\ \ \ a l 2~/SYSQUARTZ SAND OR BLACK BEAUN PER COAT ~,~ ~~hi~q~ ~ ~ 3~ m e ~` SPECIAL C-4 MEDIAN\ (FO M ~ \ ~ ~ STpRY TARPING STATION DETAIL ca 6XSU884SE GRANULAR\ h'A~< R~.~~dYF'o, ~ ~ ~~N/lV ~ r~uol"J.?.C`: CCNC.:~'T~ CL'R3 .°: 6~TTE.°.. 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BLDC. ~~c~ - - - - .~- p o CURRENT OWNER:'¢~ ~ - ~ a= I I I I I I ~ k ROBERT STRANGE ENGINEERING ~~~y~ Q0 0' 2 °~ "`~°n°~° ~` SURVEYOR OWNER NOflMAN J.TOBEAh1AN &ASSOCIATE$ LLC. ~^~ ~` No. Date ee~isia~ No. Date rtevisian No. Date eehsion ~ T PROPOSED SITE~ ~k,,_1 _—~~~ —__ ~~ ~~ '~ oamo erceoFr uco~u es souo wasr~ Miowesr, uc. CONSULTING CIVIL ENGINEERS - `' "` "`~B2140 $. FRLINGTON N75 RD, IJ75 7/H AVE ~ piEq(EO X9 5 ~F IMPROVEMENTS~`" ~, SITESCALE : 1 ~= ZOO G ~ ~" S+~' ~ Q nemretr yfmx.-lin Qi ~ ~ t ~~'' SUITE 620 N£WPOFr AfN 55055 2390 S. AflLINGTON MTS. RD., SURE fi20 ~ REGI TE~ ' â VEOLIA WASTE pLANyip :e~~ ARClNG70N NE~CHlS, lL 60005 OFFICE (6511 ao.7-5705 ARLINGTON HEIGHTS, IL 60005 PROFS i MAINTENANCE FACYUTY~°~' ~'~` ~ ✓ete Q d+. }( PHN: 847 419-8225 FAX: (65l 458-8455 PHN: (867) 439.8225 FAX: (84~ 439-8227 ZE f2E ~ ~n` ~ ~ ~ n MAIL@TOBEHMAN.US W W W.TOBERMAN.US SUBYR 641E i EER ~ 1717 CHUFCH STREET Sheet No.Op vwm W# ~ ~ ~ yyoy ~ ~ FAX: (847) 419-8221 MO6/LE (612) 709-7906 ~ '~ OF /~ /~N O Qufw Na-~I-~/~9)FI)!t-9 £MAIL DAVEd`iO3fRMAN.US JE~QE1"fiLERD~LECLI~ES.COM ~°iY9" ~°" `""i1" ~:.~ ..~'~ EVANSTON IL 60202 / _ qWWW.VEOLIAES.COM DESIGN FIRM N0:<<INO~~ NJT Pro ect NO. V~V ofD D ~ ~ ~- ~~ 184005910 ~~' °i"'~'"" ~' ~~m°°"'-°"-'•°°~' ~-~+c~u„— ••"„"'m' EXPIRES: 04-30-11 EXPIRES: it-30-11 ~0-5856 0' o~':~°~,°~09~~"'"122 of 359 \ \ \ STORM SEWER DATA\ \ \ \ ~ 7 EA. REMOVE PIPE THRU NEW MANHOLE\ ~ ~ - ~ 41 EA. 3.16 OCRESiRICTOR, SNA P EDGE WITH TRAP\ ~ ~ 34 L.F. 12" RCP (CL-IV) O 1.00%\ ~ 1 EA. 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SPECIFICPTIONS ANO CODES.ALL ➢IMENSIONS NNO REPRESENTATIONS OF THE E%ISTING CONUIi 1~N2 SHOVN pN THE DRAVINGS PRE APPRO%IMPTE NNO ARE TO BE USED fOR REGERENCE ONLT.LONiRALTOR SHPLI FIELD VERIiT ALL CRITICAL OIMENSIQNS PNO SITE CONOIi1aNS NECESSRRT FOR THE PROPER VORKING OUT pF ALL OETPILS 0~ TNIS YORK t0 FIT !NV[TH AND AROUNU E%ISTING STRULTIIRES. PNY ERRORS, OMISSIONS, OR UNUSUPL CONOITIUNS SNPLL BE REPORTED TO THE ARCHITECT/ENGINEER IMMEU!/TELY.RESP0~.16ILI.Y fOR COR2ECi(NG ~ISCFEPP~ClCS IN OETFILING Ptt~ ~PHRICPTION p~ REBNR fOR CO2RCC' FI'TING OF ST,YJCTURPL N.M9ERS SNNL'. BE :I.E CCYTRpCiOR'SUNDERGROLPoD OR EMBEOUEO UTILITIES MNY E%1ST vITHIN THE AREA pG NID ROJGCENT TO THE LMILTS Oi THE VpRK. THE IOCAiION OR lOENTIF ILRT~ON OF SUCH UTILITIESNAS NOT BEEN VERIFIED BY OVNER OR ENGINEER. CONTRP[ipR IS RESPONSIBLE fOR FIELD IOCRTING PNO IDENTIFYING UNpERGR0UN0 DR EMBE ODED UTILITIES r1N0 PNY~'Y.'.^ :YJ.^.t^.'.:'.%.":~ ~.: ~"S:~:EO ~^P'.~^.?~Y.P.'~C,'. :N~ T:IE:.^..I::E!:S[C.':S.DISCREPn LIES SHILL BE RESaIVEU BEf'ORE PRO[EEOING VITM CONSTRUCTION.iN~ ~GNif.ACi~R irv.Li M1~TiGY .IS ~FUiHEifi (Fnii ~iliill' ~( .:NY GI+Ch~Ptii:LiES .0 :JGiG .HE FuSiiiiliiY ui UM~iES+RiaY ~Ji LRE :R~dLi.~:S wNU 20~if'oli FiELGORDERS. fAIIURE TO 00 SO VLLL PUi THE (ULl RESPONSIBILITY Di CORRECTION pN THE CONTRR[TNt.THE CONTRACTOR SHALL COORDINATE THE YORK OG PLL LRnOES ANO Nf.KE NECESSPRYINVESSIGATIONS M10 f'IELO MEASIIREXENTS.EXCAVRTIONEXCI VPTE nS REQUIRED FpR FOIIN~ING 0f fO~TINGS 0~ UN01'>iURBEO So1L OG 3AC0 PSf nLL~vaBLE BERRIN4IN NO CNSE SHALL DEPTHS BE LESS TNPN THE MINIMUM DEPTHS SHOVN ON PUWS ANU UE TAILS.MNINTAIN M.1. 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OVS~00•~ TAP S!C_S !'%?CSE~ '^ E.•iTHPOURED VRLLS --- --- 2'SIPBS Oh GR~UNO 3' 2' 3'?LL RCI`CpRC:n'G STCE~ V"~2 C`~vCR~'E 511.1L~ CE A~C1:.'.P'ELY P::LCU. R:GIDLT :UPPOC`E➢ af:D ~:RMLY T:C~ :N PL?C£ VITH CA^ SWP'J2'S A.\0 SFACE.',3 I'! cC~'JR➢ANCVIiH THE REOUIREMENiS Of nLl 301 nH0 4C1 318.T1L ~RE~ 0?l~.a ^_F TY.E rpNCREiE ~I~PINC Ple[EM~rvr cM9!l NAT E%CE!'~ F!VE BEET. {~NCRErE SHPIL PE V!94F?ED ~UP.IN~ P.N➢ InM~~IP.T£L'! AFTEP PLGCENEni. 4LlCONCRETE SHALL BE THOROU6M.Y COMPACTED OARING PLACING USING VIBRRiORS.LRV SPLICES SHALL BE USED ONLr VHERE IT [S N01 PRNCifCRI TO USE CaNTINIiWS BPRS.REINFORCING BAR LOCATIONS I+NO DIMENSIONS SHOVN ON DESIGN DRAVINGS ARE NOT TO SLPLE.ALL REINFORCING STEEL (BNRS) SNPII BE NSTM A615, GRADE 60 (fT = 60 KSI ).ALi HPR NLICES SHALL BE LRPFEU PER ALI 318-US Cr~nPiEk i2 USING CinSi B SPLICE. 6~T rvai LESS THnx 3J INC„ES. HOpit TOP 6PRi nT PlL EDGES.S ikULiUKaL ~IAUI~I~Y two UIxS fNU1,1 ~JryINDIVIOURL STRIILTURPL COnPONENiS AFE DESIGNED TO SUPPORT LOnUS IN LHEIR flxnL ERECTED POSITION PS PART Of THE TOTRL C~MPLETE~ STRUCTURE.PRaVIOE TEINORNRY GUYING RNO BR/.LING PS REOIIIREO UNTIL nLL CONSTRUCT [ON AFiELTING LATERNI STp81LITT IS COMPLETE O.CONTR<[TOV. SHA1.l EE SOLELY RES?ONSIBLE FOR STA9ILI?Y OC STRUCTURE. ICS PAPTS PNC AB SITE SP£ETY BT ~JS~ df BUYING. 9RI.CING. SHOP.ING. 9FRRIrpOES, SRFETYfU+ILiNGS PNO OE VICES OARING THE ENTIRE PER100 0~ COxSiRI1CT10N,SHOP ORAVINGS ANO TEST REPORLSGENERPL [~NTRACTOR SHPLL LHELK ALL SHOP ORPVINGS BEFORE SUBMITTAL LO ENGINEER FOR RE VIE V.REVIEV BY ENGINEER VILL BE FOR CONFpRMHNCE TO GENERAL LNYDUi AND DESIGN INTENT OIAT. CONTRPCTpR SHPLI BE SOLELY RESPONSIBLE FOR ACCURACY OFOfMENSi6Yi, FPBRICRTION, F[i UP OC PARTS AND BILLS Oi MFTERIAIS. CONLRHCTpR SHRLL COOROINPTE YORK pf VFRIOVS TRADES PND MAKE NECESSRRT FIELDMEPSUREMENTS.C~M:kG'iG Ic~~ NtvOHiS wN0 UESIGx Nlxl1 SNAtI tlE YREYPREY PNU SUBX~I LEY M PC~11kORN(;L vIIH PCI REOUIkLHLM1 S.STRUCTURAL ENGINEERMJM CONSULT/NC ENGINEERS. INC.Michael J. McDonald, S.E., P.E., $ECB9125 W. l47(h 57REET!INLET P.WX, lL 60467.~aBrzE (~08) 767-0875✓DICE/FAX: (]OB) 613-1595www.mjmce.comSURVEYORQ4V~D BYCROFf2J40 S ARUNGION HTS. FD. SUITE 620MY/NG70N HflGNTS, 2 60005PHN: (B47) 419-8225F.ix: (847) a39-822r£MAC: DAVE~T08ERMAN. USOWNERVEOLIA ES SOLID WASTE MIDWEST. LLC.f3]5 ]TH AVENEWPORT, MN 55055OFFICE: (651) 403-5705Fn~c: (65i) a56-8455MOB!LE (672) 7C9-7°O6JEfFREY.ELLER0~VE0LIRE5.COMwww.veounes.con+NORMAN J.TOBERMAN&ASSOCIATES~LLC.CONSULTING CIVIL ENGINEERS23COS.AflLINGTONHTS.flD.~SURE620AflLINGTON HEIGHTS, IL 60005PHN: (847) 439-8225 FAX: (847) 4398221MAIL@TOBEFMAN.US WWW.TOBERMAN.US~~~N0. Dole RevisionN0. Dale RevisionNo. Dote RevisionPROPOSED SITEIMPROVEMENTSVEOLIAWASTEMAIMENANCE FACILRY1711 CHURCH STREETEVANSTON,IL 60202BUTTRESSRETAINING BINDETAILS-piEq(ED-~~~ ~~Sheef No.1X~~ of~p~p ~~,5°,~„°,d°¢Z~u”DESIGN FIRM N0:7 $4~p591 QEXPIRES: 04-30-11NJ7 aroJect NO.~ 0-5856125 of 359 0d'MDETENTION BASIN~5~ ~5y 7 DOTERwVM1LT~NI `~v ~~M/.SIiig dInu i n%~ tl ,~~~I~ "°~~IInl5~~'~ I / /~'lu ~ `/~^ $~y~t ~~ 5.\.nPLANT LIS irxm~c845YN\~S o AARcEL Np os aP~a 1 ~Fo TIO! pA~E'pON~R f~I ~~N~RF ~~T~H! ~ RFlaNip~ wa,/ ~~~vSFE~ XISTR~SrTNGS9~ y4 n~VB~I~ ~T~C\ ~'S99\ j 612.29617.55'SgB~ ~Yl ~'~\h'~Y S,9)n \ ~\10 0 ~ v ~c STORACe /Afs <uMeFR ~o3TS V ~ ~ o {~o ~~ ~ ~ ~\~r~~as S~ ~~ ~~ ~a \0o~y \~ T~\ s,.. \[rF~-Esc„\`"~eS9Qg~ ~~~ ~- OH/~,s9~\ O ~ Q ~'O /qa sC\/~ ~o~p 24r~ <H ~O.TARPING STATION "JaF ~OIISIING 4' CONCRETE W/~LLj CRUSHED GRAVEL PA7H AND SEATING AitEA~/ Bluestone Chlps, %e' size at 3" depth.Avail. thru Lurvey Landscape Supply, Des Plaines, ILQeMs edge of path & ssaNng area with meal edglrgContractor to provide Picnic Table.Designated area for picnic table and benchesshall not exceed: 5'-0” x 6'-0"Installation: In ground mounting596b5FR[CASr cor~cF~r;: ; ~;+c~ ~E~~ ~°.EXIST.ASONRY ~ 03 D:ARAGE ~.CHURCH STREET VILLAGERT OF SE~, S~4, NE 1/4 /~~ION 13 41 N, R1 3rd P.M. ~OF EVANS~f N=I CO UNTY, I LAOIS I~~ ~}~ /~ ~\\ \ av C~RRFn~;\ N \ H/Nf S (EMBER ~ I\~`~\\~\\~\\\ \ \~~. ~ r'~~~~ ~ ~ ~~ ~i n~b ~ o ~\ ~~~ t o ~ ~ ~ osIO \ t'O~~NCR~F STANF 8~~~'~S 8 RF8' ALLEY .:'~~Sy6.5 E~ NO ~ C;t4~~1~ 14 RF ~ II~ 1 G ~~,~i .zz m5QTY. SYM.BO?ANIrAL NAMECOMMON NAMESIZESPACWC COMMENTS0z N,~ ~ ~« I ~ I I~SHAGS TREeSSEED MiXa+N dk ra+ ~~ ' / 9~a ~ 1w ~ xO6 AAAcer rubrum'SunseYSunset Aed Maple2.5°cal.as shown B&B SEED MIX A3,140 S.F.Swale Seed Mix~~ OT 10~s~ ~10 SRSyringe reticulateJapanese Tree Lilac2.5° cal.as shown B&B! Single Stem Botanical NameQz./AcreAvailable through JF New14 ~~s-cEVERGREEN TREESAndropogon gerardilCarex comosa12.002.00Monee, IL708.534.3450o s03 e~~~"~13 RF\ 6 ms 3 RAG / ~~s~06 J9Juniperus'B~ue Haven'Blue Haver Upright J;;nipero ht.as shov~n B&Sx.00//./% i34 PPPicea pungens'Bizon Blue'Bizon Blue Colorado Spruce8-10' ht.as shown B&B Carex cristatellai;arex luridaz.5~_.ORNAMENTAL TREESCarex spp.2.00o'8 YAR ac...02 BNBetula nigraRiver Birch8' ht.as shown B&BI Multi•Stem Carex vulpinoideaa.0003 CCCrataegus crusgalli'Inermis'Thornless Hawthorne8' ht,as shown B&BI Single Stem Eiymus virginicusGlyceriae.o0~•~oLOT 8a3 cc(N00'01 ~2 ~~E16 .430 o~ vv09 MPMalus'Prairiefire'Prairie Fire Crabapple8' ht.as shown B&B/Multi-Stem striatePP ~Panicumvirgatum2•~~LOT 11ILARGE SHRUBSScirpus atrovirens2.00=EXIS7. BLDG.13 VDUburnum dentatum'Christom'filue Muffin Viburnum3' ht,as shown B&BI CG Scirpus cyperinuso.5ozCURRENT OWNER:Spartina pectinate3.00SMALL SHRUBSn~~ ;~ sair:u?Seep07 HFHypericum frondosum'SunbursNGolden St. Johnswort3' spr.as shown B&B/ CG Lolium multitiorum100.0076 RAGRhus aromatica'Gro-Low'Gro Low Sumac3' spr.as shown B&B/ CG Alisma spp.1.0045 RFRosa'Red Meidland'Red Meidland Rose3' spr.as shown Q&8/ CG Asclepias incarnate2.00Aster novae-angliae0.50ORNAMENTAL GRASSESCoreopsis tripteris1.00~ 7560 msMiscarthus sinensis'Arahesque'-Arabesque Maiden Grass2 gaLEUNu.OfiUT f1d~~~fllUf;i2' o.a CG Iris virgir~ica4.0~LiaVis spicata1.00Lobelia cardinalis025Lobelia siphilitica0.50Lycopus americanus025._Sagit!a!ia latifolia0.75Silphium terebinthinaceum~•00Verbena hostata1.50Zizia aureao•75SURVEYOROWNERLANDSCAPE ARCHITECTNORMAN J.TOBERMAN&ASSOCIATES,LLC.~+~No. Date RecisionNo. Date Re~sionNo.Dote RestonPROPOSED SITELANDSCAPEPLANo, ~o~ 2p•DAND BYCROF!✓f~L(A fS 50(/O WAS7E M/OWfTT. CLC. 7ESKA ASSOCIATES, iNaCONSULTING CIVIL ENGINEERS~~ to-2s-2oioIMPROVEMENTS~=2340 S ARL/NGiON HIS R0,SU/lE 6201375 7/H AVENEWPORT, MN 55055c~m~~ny ~.~~~~a,pbp,,,,,,, ao-wmK.—i2340 S. ARLINGTON HTS. RD., SURE 620ARLINGTON HEIGHTS, Il 60005~m-_VEOLIA WASTEMAIMENANCE FACILITYSCALE : 1 20~AR(/NCTON HEIGHT$ lL 60005PLAN: (847) ~J9-H225FAX: (817) 439-8221OfF7CE (651) X03-5705fAx: (651) 458-8 55MOBILE.' (612) 709-7906s,e ce,rg~~,,,auce~~~~M~•ePHN: (847) d39~8225 FAX: (847 439.6221MAIL@TOBERMAN.US WWW.TOBERMAN.US~~1711 CHURCH STflEETEVANSTON IL 60202hee[ No.~-£MAIL' DAYEOiOBERMMI.USJEFFREY.ECLEROOVEOLwES.COMDESIGN FIRM N0:ofxwwvEOCUES.cou_T E S K184005910s e eES o v" 'EXPIRES: 04-30-11126 of 359 For City Council meeting of January 25, 2016 Item A8 Ordinance 8-O-16: Repeal of prior Transfer Station Fee Ordinances For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Ordinance 8-O-16 - Repeal of prior Waste Transfer Station Fee Ordinances and Enacting Host Community Fee with Advanced Disposal Date: January 25, 2016 Recommended Action: Staff recommends City Council adoption of Ordinance 8-O-16. Summary: Since 2011, the City litigated claims brought against it by Veolia Environmental n/k/a Advanced Disposal Services Solid Waste Midwest, LLC, regarding a Transfer Station Fee imposed in connection with operations at the solid waste transfer station located at 1711 Church Street. While the litigation was pending, the City collected $1,263,247.90 in Transfer Station Fees since 2011. The City and Advanced negotiated the terms of a Host Community Agreement to improve operations at the transfer station. As a condition of the settlement of all claims and litigation, the City must repeal ordinances 82-O-10 and 68- O-11. The Host Agreement provides that the City will collect a $.075 per ton host fee from Advanced on a quarterly basis. Attachments: Ordinance 8-O-16 Memorandum 127 of 359 1/6/2016 8-O-16 AN ORDINANCE Repealing Ordinances 82-O-10 and 68-O-11 and Enacting a new Host Fee for Operations at the Solid Waste Transfer Station located at 1711 Church Street WHEREAS, since 2011, the City and Veolia Environmental Services n/k/a Advanced Disposal Services Solid Waste Midwest, LLC (“Advanced”) litigated claims in case no. 11 CH 41536 in Cook County Circuit Court; and WHEREAS, this litigation pertained to the Transfer Station Fee approved by the City Council in Ordinances 82-O-10 and 68-O-11; and WHEREAS, following payment to the City by Advanced of a total of $1,263,247.90 in Transfer Station Fees since 2011 while this litigation remained pending; and WHEREAS, the City and Advanced now desire to settle all claims by and between them pursuant to the terms of the settlement agreement referenced in Resolution 6-R-16; and WHEREAS, the City and Advanced desire to enter into a Host Community Agreement (“HCA”) for operations related to the solid waste transfer station located at 1711 Church Street pursuant to the terms of the HCA referenced in Resolution 7-R-16, allowing the City to continue to collect a Host Fee beginning January 1, 2017. This HCA is attached hereto as Exhibit 1 to this ordinance. 128 of 359 8-O-16 ~2~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: That all ordinances or parts of ordinances in conflict herewith are hereby repealed, and specifically, Ordinances 82-O-10 and 68-O-11 are repealed in their entirety. SECTION 3: That Title 8, Chapter 24 of the City Code is hereby deleted in its entirety and replaced with the following, titled “Solid Waste Transfer Station Operations”: 8-24-1: TITLE: This Chapter shall be referred to as Solid Waste Transfer Station Operations. 8-24-2: DEFINITIONS: As used in this Chapter, the following terms are defined as follows: SOLID WASTE TRANSFER STATION OPERATOR: any person or entity engaged in the removal of solid waste who owns or operates a solid waste transfer station. The foregoing shall not apply to waste collected by, or on behalf of, the City of Evanston. SOLID WASTE TRANSFER STATION: a privately-owned site or facility that accepts waste for sorting and/or consolidation, and further transfer to a waste disposal, treatment, or handling facility. 8-24-3: PAYMENT OF HOST COMMUNITY FEE AND ACCOUNTING REQUIRED: (A) Any Solid Waste Transfer Station Operator that owns and operates a Solid Waste Transfer Station shall be assessed a Host Fee of seventy five cents ($.75) per ton, or any fraction thereof, of solid waste delivered to said Solid Waste Transfer Station. (B) The Host Fee shall be paid to the City of Evanston no later than thirty (30) days following the close of a calendar quarter. 129 of 359 8-O-16 ~3~ (C) With each payment to the City, any Solid Waste Transfer Station Operator that owns and operates a Solid Waste Transfer Station shall submit to the City in both digital and hard copy form an accounting of the fees payable to the City, including the basis for those fees. 8-24-4: SOLID WASTE TRANSFER STATION OPERATIONS: All operations conducted at a Solid Waste Transfer Station shall comply with all applicable laws and otherwise conform to the terms and conditions of the Host Community Agreement executed by the City of Evanston and the Solid Waste Transfer Station Operator. SECTION 4: With the exception of Section 8-24-3, this ordinance shall be in full force and effect upon passage and publication as provided by law. Section 8-24-3 shall be in full force and effect as of January 1, 2017. SECTION 5: The findings and recitals herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2016 Adopted:___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 130 of 359 8-O-16 ~4~ EXHIBIT 1 HOST COMMUNITY AGREEMENT 131 of 359 3473688v5/09036-0075 HOST COMMUNITY AGREEMENT THIS HOST COMMUNITY AGREEMENT (“Agreement”) is executed this____ day of _______________, 2016, by the City of Evanston, Illinois, an Illinois municipal corporation (the “City”) and Advanced Disposal Services Solid Waste Midwest, LLC, a Wisconsin limited liability company (“ADS”). WHEREAS, ADS is the owner of property located at 1711 Church Street, Evanston, Illinois, legally described in Exhibit A of this Agreement (“Property”); and WHEREAS, on October 17, 1983, the City Council approved the siting of a waste transfer station at the Property, pursuant to Section 39.2 of the Illinois Environmental Protection Act (“Act”), 415 ILCS 5/39.2; and WHEREAS, on February 27, 1984, the Illinois Environmental Protection Agency (“Illinois EPA”) issued Permit No. 1984-2-DE/OP to develop and operate a waste transfer station at the Property (“Transfer Station”) and the Property has been continuously permitted by the Illinois EPA to operate the Transfer Station at the Property; and WHEREAS, on December 1, 2010, the Illinois EPA issued Supplemental Permit No. 2010-461, approving a tarping station along the west property line of the Transfer Station (“Tarping Station”); and WHEREAS, on September 29, 2011, the Illinois EPA issued Supplemental Permit No. 2011-286, approving the revised plan for improvements to the entrance to the Transfer Station (“Site Entrance Improvements”); and WHEREAS, ADS is the current owner and operator of the Transfer Station; and WHEREAS, ADS and the City are desirous that ADS complete the Tarping Station and Site Entrance Improvements, as provided herein; and WHEREAS, ADS is desirous of earning the good will of the citizens of the City and the City is desirous of protecting the health, safety and welfare of its citizens by the measures set forth herein; and WHEREAS, ADS is willing to pay to City, and the City desires to accept Host Fees as hereinafter set forth. NOW, THEREFORE, the preceding recitals are incorporated by reference herein and in consideration of the mutual obligations undertaken herein, the receipt and sufficiency of which are hereby acknowledged, it is mutually understood and agreed by ADS and the City as follows: 1. TERM OF AGREEMENT: This Agreement is effective on the date signed (“Effective Date”) and shall expire on the date on which the use of the Property permanently ceases to be used as a Transfer Station or upon the certified closure of the Transfer Station by the Illinois EPA (“Termination Date”), unless earlier terminated, as provided herein. 132 of 359 2 3473688v5/09036-0075 However, the obligation to pay a Host Fee, as provided in Paragraph 4 of this Agreement, shall not commence until January 1, 2017 (the “Commencement Date”). 2. COMMUNICATION, COMPLAINT INVESTIGATION AND RESOLUTION: From and after the Effective Date: a. The Transfer Station Manager shall be the City’s point of contact for matters relating to the Transfer Station or this Agreement; b. The Transfer Station Manager shall have an office at the Property; c. The Transfer Station shall maintain a telephone number to receive, respond to and address public inquiries, complaints, and customer calls. This phone number will be answered by a person employed or retained by ADS during regular business hours; d. In addition, ADS shall provide the City with the Transfer Station Manager’s mobile phone number for use by the City after regular business hours; e. All citizen complaints will be responded to by ADS within twenty-four (24) hours of receipt, and investigated within a reasonable time thereafter, unless otherwise agreed to by the complaining citizen or the City Manager; 3. CITY INSPECTION OF THE TRANSFER STATION: The City may, during regular business hours of the Transfer Station, inspect the Transfer Station for compliance with this Agreement and conditions of any Illinois EPA permit, as well as any other applicable statute, law, ordinance or regulation. Prior to any such inspection, the City shall check-in at the Transfer Station office and shall be accompanied by an employee of the Transfer Station and follow all safety rules of ADS. 4. HOST FEES: a. Commencing on the Commencement Date and ending on the Termination Date, ADS shall pay to the City a per ton fee (“Host Fee”) equal to seventy-five cents ($0.75) on each ton of waste transferred through the Transfer Station for disposal. The Host Fee shall remain unadjusted through the Termination Date. b. The Host Fee shall be paid no later than the thirtieth (30th) day following the close of a calendar quarter (for example, such payment is due on April 30th for the first calendar quarter ending March 31st) without demand from the City. c. ADS shall keep complete and accurate books and records relating to the determination of the Host Fees to be paid under this Agreement for three (3) years from the date on which payments to the City were made. Additionally, with each payment to the City, ADS shall submit to the City in both digital and hard copy form an accounting of the amount of fees payable to the City, including the basis for those fees. 133 of 359 3 3473688v5/09036-0075 d. ADS shall provide the City, at the City’s request, with weight receipts from a certified scale at the Transfer Station. Additionally, ADS shall permit the City’s designated representatives, upon reasonable notice, access to such books and records for inspection, audit, and photocopying during ADS’s normal business hours. The City shall maintain as confidential the information that it derives from ADS’s books and records, except to the extent the City obtains documents from ADS that must be disclosed pursuant to the Illinois Freedom of Information Act, or other applicable Illinois law. ADS agrees to reasonably cooperate with the City in the event the City is required to respond to Illinois of Freedom Act requests that call for the production of documents related to the Agreement. However, the City shall be permitted to disclose the information it obtains from ADS to employees and consultants that the City believes, in its reasonable discretion, such disclosure is appropriate in order to monitor and ensure ADS’s compliance with the terms and conditions of this Agreement. In no event, however, is ADS required under this Agreement to reveal to the City its hauling or Transfer Station customer list(s), as the City acknowledges that information is proprietary, and if the books and records that are kept and relate to Host Fees also contain customer lists or other confidential or privileged information, ADS may, at its sole discretion, redact any and all portions of the information prior to providing the books and records to the City and/or copies of any document to the City, as long as the redaction does not remove any numerical information such as tare and weight of trucks. Further, in the event ADS does not redact such documents at the time the City views them, but later redacts when the City requests copies, such failure to redact is not a waiver of the confidentiality or privilege of the redacted information. In the event that any such inspection/audit reveals any underpayment of Host Fees, ADS shall within fifteen (15) days of receipt of notice of underpayment by the City, pay the City the amount(s) of such underpayment(s). In the event that such inspection reveals any overpayment(s) of the subject fees, ADS may credit the amount of such overpayment(s) against payments of the subject fees made after the audit. e. The City must notify ADS, in writing, of any dispute regarding payment of Host Fees to the City within one (1) year after end of the calendar year for which the disputed fees were payable. Otherwise, any such dispute is deemed waived. f. If this Agreement is terminated, Host Fees that have accrued under this Agreement shall be paid to the Termination Date, and no further payment of Host Fees shall be due thereafter from ADS to the City. 5. NEW FEES AND TAXES: a. In consideration for ADS’s agreement herein to pay Host Fees as provided in this Agreement, the City shall not levy any new taxes or assess any fees against ADS, the Property, or the Transfer Station, even if such fees are specifically allowed by State Law to be charged by a host community to a pollution control or other similar facility such as the subject Transfer Station, except as provided in Paragraph 5(b) below. If the City levies any such new taxes or assesses any such 134 of 359 4 3473688v5/09036-0075 fees against ADS, the Property or the Transfer Station, then ADS shall have the right to terminate this Agreement by giving notice, as provided in Paragraph 9(o) of this Agreement. b. Notwithstanding the foregoing, the City shall have the right to levy real estate taxes, or other fees or taxes validly and uniformly assessed against all members of a class of taxpayers or fee payers, other than as an owner or operator of a waste transfer station, collector of waste, landscape waste, construction and demolition debris, and/or recyclables, or a solid waste management facility; provided, however, that ADS does not waive its right to challenge or appeal any such validly and uniformly assessed fees or taxes. 6. TARPING STATION: a. ADS and the City recognize that drivers of the semi-trailer trucks being loaded with waste for further transfer for disposal pull tarps across the top of the trucks prior to exiting the facility to minimize blowing litter. In order to give these drivers greater visibility and better access to the trucks, and to improve driver safety, ADS has proposed the installation of the Tarping Station, which i s a raised catwalk for the drivers to use when pulling the tarp across the top of the trucks. b. The City approves of the installation of the Tarping Station. c. The Illinois EPA has issued Supplemental Permit No. 2010-461 for the installation of the Tarping Station (“Tarping Station Permit”). The Tarping Station Permit was issued based on plans, specifications and supporting documentation ADS submitted to the Illinois EPA dated September 2010. The City acknowledges and agrees that ADS, in its sole discretion, may amend, revise or supplement said plans, specifications or supporting documentation, as necessary to meet the objectives in Paragraph 6(a) above, in which case the Tarping Station Permit may need to be amended or modified. ADS agrees to provide the City with copies of all documentation that is submitted to the Illinois EPA as part of any such amendment or modification of the Tarping Station Permit. d. ADS agrees to submit a building permit application for the Tarping Station to the City within six months after the date of this Agreement, and the City agrees to act on the building permit application as provided in Paragraph 8 of this Agreement. Following receipt of (i) the building permit and other necessary approvals from the City and other governmental authorities with jurisdiction over the Property and (ii) any amendments or modifications to the Tarping Station Permit , ADS agrees to commence and diligently pursue construction of the Tarping Station. 135 of 359 5 3473688v5/09036-0075 7. SITE ENTRANCE IMPROVEMENTS: a. ADS proposed the Site Entrance Improvements to improve traffic flows, provide surface parking for personal vehicles of site personnel and additional landscaping. The Site Entrance Improvements will include removal of an existing building on Church Street and extending the existing concrete sound wall from its current termination point, west to the neighboring Strange Lofts building. b. The City approves of the Site Entrance Improvements. c. The Illinois EPA has issued Supplemental Permit No. 2011-286 for the construction of the Site Entrance Improvements (“Site Entrance Improvements Permit”). The Site Entrance Improvements Permit was issued based on plans, specifications and supporting documents ADS submitted to the Illinois EPA dated June 2011. The City acknowledges and agrees that ADS, in its sole discretion, may amend, revise or supplement said plans, specifications or supporting documents, as necessary to meet the objectives in Paragraph 7(a) above, in which case the Site Entrance Improvements Permit may need to be amended or modified. ADS agrees to provide the City with copies of all documentation that is submitted to the Illinois EPA as part of any such amendment or modification of the Site Entrance Improvements Permit. d. ADS agrees to submit building permit and demolition permit applications for the Site Entrance Improvements to the City within six months after the date of this Agreement, and the City agrees to act on the building and demolition permit applications as provided in Paragraph 8 of this Agreement. Following receipt of (i) the building and demolition permits and other necessary approvals from the City and other governmental authorities with jurisdiction over the Property and (ii) any amendments or modifications to the Site Entrance Improvements Permit, ADS agrees to commence and diligently pursue construction of the Site Entrance Improvements. 8. BUILDING AND DEMOLITION PERMITS: The City shall issue building and demolition permits and other necessary permits or approvals for which ADS shall apply in order to construct the Tarping Station and the Site Entrance Improvements within a reasonable period of time after the date of application therefor or within a reasonable period of time after the City’s receipt of the last of the documents and information required to support such application. Such period of time shall not exceed thirty (30) business days. If the application is disapproved, the City shall provide the applicant with a statement in writing within such period, specifying the reasons for denial of the application, including specification of the requirements of law which the application and supporting documents fail to meet. The City shall issue such building and demolition permits and other necessary permits or approvals within ten (10) business days of ADS’s compliance with those requirements of law so specified by the City. The City agrees that ADS shall not be required to obtain from the City any zoning approval as a condition to the issuance of such building and demolition permits. ADS agrees that the City has the right to observe all construction activities related to the Tarping Station and the Site 136 of 359 6 3473688v5/09036-0075 Entrance Improvements and to respond to any reasonable City requests for information relative to same. 9. GENERAL PROVISIONS: a. Amendments. This Agreement may be amended or otherwise modified only by written agreement duly approved and executed on behalf of the City and ADS. b. Captions. Captions in this Agreement are for the convenience of reference only and do not affect this Agreement or its interpretation. c. Entire Agreement. This Agreement sets forth the entire, final and exclusive Agreement and understanding of the City and ADS with respect to the matters referenced herein and covered hereby, except for Section 5 of the Confidential Settlement and Release Agreement between the City and ADS. d. Governing Law. Venue and Jurisdiction. This Agreement and all disputes hereunder shall be governed by the laws of the State of Illinois. e. Assignment of Agreement. This Agreement shall be binding upon ADS and its successors and assigns. f. Covenants Run With The Land. The parties agree that the covenants, agreements and understandings contained in this Agreement (including, without limitation, the obligation to pay the Host Fee), touch and concern the Property, and that such covenants, agreements, and understandings shall run with the Property. ADS agrees that the City may prepare, and ADS shall promptly execute duplicate originals of an instrument, in recordable form, which will constitute a memorandum of Host Community Agreement, attaching an executed copy of this Agreement as an exhibit, and record such Memorandum in the Office of the Cook County, Illinois Recorder of Deeds. g. Compliance with Applicable Laws. ADS shall conduct operations at the Transfer Station in strict accordance and compliance with all applicable federal, state, local laws. h. Relationship of the Parties. Nothing in this Agreement shall be construed to create a joint venture, partnership, association or employment relationship between the City and ADS. i. Recitals. The recitals are a part of this Agreement. j. Severability. If any provision of this Agreement or any document executed in connection herewith shall be or becomes invalid, illegal or unenforceable in any respect under· any applicable law, the validity, legality, or enforceability of the remaining provisions contained herein or therein shall not be affected or impaired. In such case, the parties shall achieve the purpose of the involved provision by 137 of 359 7 3473688v5/09036-0075 agreeing to a new, legally valid and enforceable provision, which shall become part of this Agreement. k. Third Parties. Nothing in this Agreement, express or implied, is intended to confer any right or remedy on any person other than the City and ADS, and their respective successors and permitted assigns, nor is anything in this Agreement intended to affect or discharge any obligation or liability of any third person to the City or ADS, nor to give any such third person any right of action or subrogation against the City or ADS. l. Waiver. The failure of City or ADS at any time to require the performance of any provision of this Agreement shall not affect its right to enforce the provision at a later time. No waiver of any nature by the City or ADS, whether by conduct or otherwise, shall be deemed to be a continuing waiver. m. Mutual Review. The City and ADS have jointly participated in the preparation of this Agreement, and for purposes of principles of governing the construction of the terms this Agreement, no party shall be deemed to be the drafter of this Agreement. The City and ADS specifically acknowledge their individual legal counsel has reviewed and advised them concerning this Agreement, and the undersigned have been authorized to enter into this Agreement on behalf of the applicable party respectively. ADS acknowledges that the Agreement will be authorized and approved by the Evanston City Council in open session pursuant to the Illinois Open Meetings Act, 5 ILCS 120/ et seq. n. Counterparts. This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same agreement. o. Notification. All notices and other correspondence required or permitted under this Agreement shall be given at the following addresses or such other address as the City or ADS may in writing designate. Notices shall be deemed to have been given and effective as follows: i. When delivered personally; or ii. If deposited with a commercial courier for next business day delivery, one (1) business day after being so deposited. iii. All notices under this Agreement require the sender to obtain a signature of the recipient at time of delivery. To the City: City of Evanston City Manager 2100 Ridge Avenue Evanston, IL 60201 138 of 359 8 3473688v5/09036-0075 With Copies To: W. Grant Farrar Corporation Counsel, City of Evanston 2100 Ridge Avenue Evanston, IL 60201 To ADS: Michael K. Slattery Senior Vice President and General Counsel Advanced Disposal 90 Ft. Wade Road, Suite 200 Ponte Vedra, FL 32081 With Copies To: Gerald P. Callaghan Freeborn & Peters LLP 311 S. Wacker Drive, Suite 3000 Chicago, IL 60606 And to: Area Manager Advanced Disposal 2800 Shermer Road Northbrook, IL 60062 139 of 359 9 3473688v5/09036-0075 IN WITNESS WHEREOF, the undersigned have affixed their signatures on behalf of the City and ADS this _____ day of __________________2016. FOR THE CITY OF EVANSTON: ATTEST: _____________________________________ _____________________________________ Name: Title: FOR ADVANCED DISPOSAL SERVICES SOLID WASTE MIDWEST, LLC: ATTEST: _____________________________________ _____________________________________ Name: Title: 140 of 359 10 3473688v5/09036-0075 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PARCEL 1: A STRIP OF LAND 100 FEET IN WIDTH EXTENDING OVER AND ACROSS THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, SAID STRIP OF LAND BEING 50 FEET IN WIDTH ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 13 (SAID NORTH LINE BEING ALSO THE CENTER LINE OF LYONS STREET), DISTANT 335 FEET WESTERLY FROM THE NORTHEAST CORNER THEREOF; THENCE SOUTHWESTERLY ALONG A STRAIGHT LINE A DISTANCE OF 688.90 FEET, MORE OR LESS, TO A POINT ON THE NORTH LINE OF CHURCH STREET, DISTANT 591.18 FEET WESTERLY FROM THE INTERSECTION THEREOF WITH THE WEST LINE OF LOT 12 IN BLOCK 3 OF GILBERT AND FARMER’S ADDITION TO EVANSTON, AND THERE TERMINATING; EXCEPT THEREFROM THAT PART OF THE LAND FALLING WITHIN LOT 9 AND THE VACATED ALLEY LYING EAST OF AND ADJOINING SAID LOT 9 WHICH LIES SOUTHEASTERLY OF A LINE PARALLEL WITH AND DISTANT 56.5 FEET NORTHWESTERLY, MEASURED AT RIGHT ANGLES FROM THE CENTER LINE OF THE MAIN TRACK OF THE CHICAGO AND NORTHWESTERN RAILWAY COMPANY, AS SAID MAIN TRACK IS NOW LOCATED AND ESTABLISHED ADJACENT THERETO ALL IN BLOCK 4 IN MERRILL LADD’S SECOND ADDITION TO EVANSTON, BEING A SUBDIVISION OF THE WEST ½ OF THE SOUTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 2: ALL THAT PART OF THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF THE RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN JUNCTION RAILROAD, EXCEPT THAT PART THEREOF TAKEN FOR STREETS, AND EXCEPT THAT PART THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF SAID RIGHT OF WAY WITH THE WEST LINE OF SAID SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SAID SECTION 13, BEING AT A POINT 102.72 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SAID SECTION 13: THENCE NORTHEASTERLY ALONG SAID WESTERLY RIGHT OF WAY LINE 223.49 FEET; THENCE NORTHWESTERLY AT RIGHT ANGLES TO SAID WESTERLY RIGHT OF WAY LINE 90.94 FEET TO THE WEST LINE OF SAID SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SAID SECTION 13; AND THENCE SOUTH 141 of 359 11 3473688v5/09036-0075 ALONG SAID LINE 241.36 FEET TO THE POINT OF BEGINNING, EXCEPT THAT PART THEREOF TAKEN FOR STREETS, IN COOK COUNTY, ILLINOIS. PARCEL 3: THAT PART OF THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF THE RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN JUNCTION RAILROAD, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF SAID RIGHT OF WAY WITH THE WEST LINE OF SAID SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SAID SECTION 13, BEING AT A POINT 102.72 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SAID SECTION 13; THENCE NORTHEASTERLY ALONG SAID WESTERLY RIGHT OF WAY LINE 223.49 FEET; THENCE NORTHWESTERLY AT RIGHT ANGLES TO SAID WESTERLY RIGHT OF WAY LINE 90.94 FEET TO THE WEST LINE OF SAID SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SAID SECTION 13; AND THENCE SOUTH ALONG SAID LINE 241.36 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. ALSO LOT 9 AND THE VACATED ALLEY LYING EAST OF AND ADJOINING SAID LOT 9 (EXCEPT THAT PART OF SAID LOT 9 AND SAID ALLEY WHICH LIES SOUTHEASTERLY OF A LINE PARALLEL WITH AND DISTANT 56.5 FEET NORTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE OF THE MAIN TRACK OF THE CHICAGO AND NORTHWESTERN RAILWAY COMPANY, AS SAID MAIN TRACK IS NOW LOCATED AND ESTABLISHED ADJACENT THERETO) AND LOT 10 (EXCEPT THAT PART THEREOF COMMENCING AT THE SOUTHWEST CORNER OF LOT 10, THENCE NORTH ON THE WEST LINE OF SAID LOT 10 TO THE NORTHWEST CORNER THEREOF; THENCE EAST ON THE NORTH LINE OF SAID LOT 10, ¼ OF AN INCH; THENCE SOUTH TO A POINT ON THE SOUTH LINE OF SAID LOT 10, ¾ OF AN INCH EAST OF THE SOUTHWEST CORNER THEREOF; THENCE WEST ON THE SOUTH LINE OF LOT 10, ¾ OF AN INCH TO THE PLACE OF BEGINNING) ALL IN BLOCK 4 IN MERRILL LADD’S SECOND ADDITION TO EVANSTON, BEING A SUBDIVISION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN CITY OF EVANSTON, COOK COUNTY, ILLINOIS. PARCEL 4: LOT 9 AND THE VACATED ALLEY LYING EAST OF AND ADJOINING SAID LOT 9 WHICH LIES SOUTHEASTERLY OF A LINE PARALLEL WITH AND DISTANT 56.5 142 of 359 12 3473688v5/09036-0075 FEET NORTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE OF THE MAIN TRACK OF THE CHICAGO AND NORTHWESTERN RAILWAY COMPANY, AS SAID MAIN TRACK IS NOW LOCATED AND ESTABLISHED ADJACENT THERETO, ALL IN BLOCK 4 IN MERRILL LADD’S SECOND ADDITION TO EVANSTON, BEING A SUBDIVISION OF THE WEST ¼ OF THE SOUTHWEST ¼ OF THE NORTHEAST ½ OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, COOK COUNTY, ILLINOIS. 143 of 359 Item A9 For City Council meeting of January 25, 2016 Ordinance 1-O-16: Increasing Class D Liquor License Peppercorns Kitchen 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 1-O-16, Increasing the Number of Class D Liquor Licenses for The Boiling Point, Inc. d/b/a Peppercorns Kitchen, 620 Davis Street Date: December 3, 2015 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 1-O-16. This ordinance was introduced at the January 11, 2016 City Council meeting. Summary: Ordinance 1-O-16 amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of authorized Class D liquor licenses from forty-nine (49) to fifty (50), and permit issuance of a Class D license to The Boiling Point, Inc. d/b/a Peppercorns Kitchen (“Company”), 620 Davis Street. This license will permit Company to retail sale of alcoholic liquor in restaurants only to persons of at least twenty-one (21) years of age for consumption on the premises. Application materials were submitted by Company representative Nan Luo. Legislative History: At the December 2, 2015 Liquor Control Review Board meeting, Company requested consideration of application for a Class D liquor license Alternatives: N/A ------------------------------------------------------------------------------------- Attachments: Ordinance 1-O-16 Application Minutes of the December 2, 2015 Liquor Control Review Board meeting Memorandum 144 of 359 12/3/2015 1-O-16 AN ORDINANCE Amending City Code Section 3-4-6-(D) to Increase the Number of Class D Liquor Licenses from Forty-Nine to Fifty (The Boiling Point, Inc. d/b/a Peppercorns Kitchen, 620 Davis Street) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class D of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: D Restaurant Liquor None $2,800 $2,800 49 50 None 11 a.m.— 1 a.m. (Mon- Thurs); 11 a.m. – 2 a.m. (Fri-Sat); 12 p.m. – 1 a.m. (Sun) SECTION 2: Subsection 3-4-6-(D) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class D liquor licenses from forty-nine (49) to fifty (50) to read as follows: (D) CLASS D licenses, which shall authorize the retail sale in restaurants only of alcoholic liquor for consumption on the premises where sold. No such license may be granted to or retained by an establishment in which the facilities for food preparation and service are not primarily those of a "restaurant", as defined in Section 3-4-1 of this Chapter. Alcoholic liquor may be sold in restaurants holding Class D licenses only during the period when their patrons are offered a complete meal. The applicant for the renewal only of such licenses may elect to pay the amount required herein semiannually or annually. Such election shall be made at the time of application. The annual single-payment fee for initial issuance or renewal of such license shall be two thousand eight hundred dollars ($2,800.00). 145 of 359 1-O-16 ~2~ The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be two thousand nine hundred forty dollars ($2,940.00). No more than forty-nine (49) fifty (50) 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 146 of 359 Redacted 147 of 359 148 of 359 149 of 359 150 of 359 Redacted 151 of 359 152 of 359 153 of 359 154 of 359 155 of 359 156 of 359 Redacted 157 of 359 158 of 359 159 of 359 160 of 359 161 of 359 162 of 359 163 of 359 164 of 359 165 of 359 166 of 359 167 of 359 168 of 359 169 of 359 170 of 359 Page 1 of 3 MEETING MINUTES Liquor Control Board Wednesday, December 2, 2015 11:00 a.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2750 Members Present: Mayor Elizabeth Tisdahl; Marion Macbeth; Dick Peach ; Byron Wilson Members Absent: None Staff Present: Grant Farrar, Theresa Whittington Others Present: Larry Cohen (CVS Counsel); Corey McMahon (CVS District Manager); Barry Burke (Peppercorns Kitchen); Lili Ma (Pepercorns Kitchen Owner); Robert Billow (La Cocinita); Ald. Ann Rainey (8th Ward) 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 11:00 a.m. NEW BUSINESS Highland Park CVS, LLC, Inc., d/b/a CVS #4778, 101 Asbury Avenue, Evanston, IL 60202 Corey McMahon (CM), District Manager of CVS, requested approval for issuance of a Class F liquor license (Grocery/liquor). CM stated that about 20% of CVS sales are derived from groceries and regular customers have expressed interest in having alcohol available for sale. CVS would dedicate 32 ft. of floor space to alcohol. Mayor Tisdahl inquired about a special use ordinance that is in place that prohibits the sale of alcohol at that location. Ald. Ann Rainey (AR) stated that CVS promised that they would not sell alcohol at that location. Ald. Rainey expressed concern about alcohol sales at the corner of Howard and Asbury. She cited numerous emails and texts regarding loitering and panhandling in the area as one of the reasons she does not support alcohol sales at this specific location. She feels alcohol at that particular location will be a tipping point for that corner of Evanston. Grant Farrar (GF) discussed the provision on page 5 of special use ordinance 19-O-02 that specifically prohibits sale of alcohol at the Asbury location. CVS would have to go before the zoning board of appeals the request repeal of that specific condition before a liquor license could be granted. 171 of 359 Page 2 of 3 Dick Peach recalled when the special use was created and stated he was surprised that CVS applied for a liquor license given the no alcohol condition. Larry Cohen asked if the ordinance only applies to the Asbury location. GF responded “yes”. Byron Wilson said he would go along with what the Council wants. He would recommend a liquor license if City Council approved an amendment to the special use ordnance. Marian Macbeth will go along with the Boards consensus. Mayor Tisdahl cited the special use ordinance and offered that CVS can sell at its other location but the Howard street location is worrisome. Larry Cohen (LC) said that all employees would be BASSET trained and that there is a litany of cameras in the store. He also stated that all bottles of spirits have a security cap. Alcohol sales would be less that 5%. CVS is not trying to be a liquor store. National CVS flyers feature alcohol specials and customers viewing those ads come into the store expecting to find alcohol. It is trying to accommodate its existing customers. CM stated that he does not take the concerns expressed lightly at all. He understands the responsibility and CVS has hard stops at the register to prevent underage alcohol sales. He further stated that there have not been any issues with alcohol sales at CVS’s other Evanston store. He does not want to contribute to issues in the neighborhood. Ald. Rainey stated that CVS promised not to sell alcohol at this location. She further explained that neighbors supported the CVS after months of discussion. Residents did not want the drive through but conceded in part because of the promise not to sell alcohol. Marion Macbeth stated that the special use ordinance is 13 years old. She understands that CVS does not intend to be a liquor store and that its national ad campaigns feature alcohol and customers expect to find it in the store. With regard to BASSET training, she stated that she would like to see all employees’ complete training before supporting a liquor license. Mayor Tisdahl sought clarification from corporation council about the best way to proceed. Grant Farrar summarized the options for moving the issue forward: 1) continue the matter to a future LCRB meeting; 2) issue a written decision following today’s meeting or 3) Transmit the matter to City Council for consideration with a recommendation supporting or denying and include a memo summarizing Ald. Rainey’s objection and the special use issue. Mayor Tisdahl stated that she is opposed to the license out of concern for Howard Street. She stated that her decision in no way is a negative reflection on CVS but instead, it reflects her concerns about this specific location and promises to neighbors regarding alcohol sales. CVS may appeal the Liquor Commissioners decision to City Council if it wishes. The appeal process would be a multi-step process as CVS would have to request an appeal from City Council of the Liquor Commissioner’s decision regarding the liquor license application and would also have to go before Planning and Development for amendment of the special use ordnance. Alderman Rainey added that her specific concern is not that minors will be served alcohol at CVS but rather, concern about certain adults in the neighborhood. A written finding denying the liquor license application will be prepared by the end of the week 172 of 359 Page 3 of 3 The Boiling Point, Inc. dba Peppercorns Kitchen, 620 Davis Street, Evanston, IL 60201 Barry Burke (BB), consultant for Peppercorns Kitchen, requested approval for issuance of a Class D liquor license (restaurant/liquor). BB explained that the Peppercorns is a full service Chinese restaurant with a full menu. It wishes to offer alcohol as a way to enhance the dining experience. The Evanston location will be its second location; the first location is in Chinatown. Lili Ma (owner) stated that the target opening date is in 2-3 weeks and understands that a liquor license will not be issued in time for the grand opening. 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 class D Liquor License to be introduced at the City Council meeting on January 11, 2016. Beeyoo Properties, LLC dba La Cocinita, 1625 Chicago Avenue, Evanston, IL 60201 Robert Billow (RB), representative for La Cocinita, requested approval for issuance of a Class D liquor license (restaurant/liquor). RB explained that the owners have operated a Latin American food truck since 2011 in New Orleans. The owners currently reside in the Chicago area and recently signed a long term lease for a brick and mortar restaurant space in Evanston. The restaurant will offer gourmet versions of tacos and empanadas with a Venezuelan flair. RB thinks the restaurant will be a good fit for the community and the experience enhanced by alcohol. Mayor Tisdahl asked if the owners have intentions to seek a sidewalk café permit. RB answered yes and stated that the owners are aware that alcohol service is not allowed on sidewalk cafes’ of Type 2 restaurants. 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 class D Liquor License to be introduced at the City Council meeting on January 11, 2016. Mayor Tisdahl requested that at least one owner be in attendance at the City Council meetings. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Elizabeth Tisdahl, Mayor at 11:27 a.m., December 2, 2015. Respectfully Submitted, Theresa Whittington Liquor Licensing Manager, Legal Department 173 of 359 Item A10 For City Council meeting of January 25, 2016 Ordinance 2-O-16: Increasing Class D Liquor License La Cocinita 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 2-O-16, Increasing the Number of Class D Liquor Licenses for Beeyoo Properties, LLC d/b/a La Cocinita, 1625 Chicago Avenue Date: December 3, 2015 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 2-O-16. This ordinance was introduced at the January 11, 2016 City Council meeting. Funding Source: N/A Summary: Ordinance 2-O-16 amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of authorized Class D liquor licenses from fifty (50) to fifty-one (51), and permit issuance of a Class D license to Beeyoo Properties, LLC d/b/a La Cocinita (“Company”), 1625 Chicago Avenue. This license will permit Company to retail sale of alcoholic liquor in restaurants only to persons of at least twenty-one (21) years of age for consumption on the premises. Application materials were submitted by Company representative Rachel Angulo. Legislative History: At the December 2, 2015 Liquor Control Review Board meeting, Company requested consideration of application for a Class D liquor license Alternatives: N/A ------------------------------------------------------------------------------------- Attachments: Ordinance 2-O-16 Application Please see Agenda Item A9 for Minutes of the December 2, 2015 Liquor Control Review Board meeting Memorandum 174 of 359 12/3/2015 2-O-16 AN ORDINANCE Amending City Code Section 3-4-6-(D) to Increase the Number of Class D Liquor Licenses from Fifty to Fifty-One (Beeyoo Properties, LLC d/b/a La Cocinita, 1625 Chicago Avenue) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class D of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: D Restaurant Liquor None $2,800 $2,800 50 51 None 11 a.m.— 1 a.m. (Mon- Thurs); 11 a.m. – 2 a.m. (Fri-Sat); 12 p.m. – 1 a.m. (Sun) SECTION 2: Subsection 3-4-6-(D) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class D liquor licenses from fifty (50) to fifty-one (51) to read as follows: (D) CLASS D licenses, which shall authorize the retail sale in restaurants only of alcoholic liquor for consumption on the premises where sold. No such license may be granted to or retained by an establishment in which the facilities for food preparation and service are not primarily those of a "restaurant", as defined in Section 3-4-1 of this Chapter. Alcoholic liquor may be sold in restaurants holding Class D licenses only during the period when their patrons are offered a complete meal. The applicant for the renewal only of such licenses may elect to pay the amount required herein semiannually or annually. Such election shall be made at the time of application. The annual single-payment fee for initial issuance or renewal of such license shall be two thousand eight hundred dollars ($2,800.00). 175 of 359 2-O-16 ~2~ The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be two thousand nine hundred forty dollars ($2,940.00). No more than fifty (50) fifty-one (51) such license(s) shall be in force at any one (1) time. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2016 Adopted: ___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 176 of 359 Redacted 177 of 359 178 of 359 179 of 359 180 of 359 Redacted 181 of 359 182 of 359 183 of 359 184 of 359 185 of 359 186 of 359 187 of 359 188 of 359 189 of 359 190 of 359 191 of 359 192 of 359 193 of 359 194 of 359 195 of 359 196 of 359 197 of 359 For City Council meeting of January 25, 2016 Item A11 Ordinance 162-O-15: Grace Period for Evanston Wheel Tax Payment For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Erika Storlie, Director of Administrative Services Rickey A. Voss, Parking/Fleet Manager Oscar Murillo, ICMA Fellow Subject: Ordinance 162-O-15: 30-Day Grace Period for the Evanston Wheel Tax and Renewal Deadline Change to December 31 Date: January 21, 2016 Recommended Action: Staff recommends that the City Council adopt Ordinance 162-O-15, which amends Section 10-8-1 of the Evanston City Code of 2012, which states that motor vehicles registered or required to be registered with the Secretary of State to an Evanston address, must be licensed by paying an annual wheel tax. A violation of the provisions of this Section shall take place when a motor vehicle registered or required to be registered with the Secretary of State to an Evanston address shall not: 1. Have been licensed within thirty (30) days if the motor vehicle is required to be licensed under this Chapter, whether or not said vehicle is actually in operation on the streets or public ways of the City. 2. Have renewed license by December 31 of the renewal year. Enforcement of this renewal wheel tax shall begin on February 1, of each renewal year. Summary: Proposed Ordinance 162-O-15 has been updated to reflect direction provided by the Administration and Public Works Committee during the meeting of January 11, 2016. Per Council direction, staff researched the codification of a grace period for the Evanston Wheel Tax. Currently, residents are required to pay the Evanston Wheel Tax immediately upon moving to an Evanston residence or purchasing a vehicle that will be registered to an Evanston address. If said move or purchase occurs during a time when residents are unable to pay the wheel tax in person (e.g. holidays, weekends), they may be cited for operating or parking an unlicensed vehicle. Memorandum 198 of 359 While not a frequent issue, instances of these types of citations do occur and are treated on a case-by-case basis using an informal procedure. Staff surveyed a few neighboring municipalities for the inclusion of grace periods in wheel tax ordinances and found them in the following: City of Chicago Cook County Village of Wilmette Village of Mt. Prospect City of Rolling Meadows Village of Orland Park If the Council were to approve a wheel tax grace period, residents receiving citations during the grace period would be able to provide proof of their move or vehicle purchase and have eligible citations waived. ------------------------------------------------------------------------------------- Attachments: Ordinance 162-O-15 199 of 359 11/30/2015 1/21/2016 162-O-15 AN ORDINANCE Amending Section 10-8-1 of the City Code to Provide for a Thirty Day Grace Period for New Residents and Thirty-One Day Grace Period for the Annual Evanston Wheel Tax NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Section 10-8-1 of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: 10-8-1 - LICENSE REQUIRED. (A) It shall be unlawful for any person to use, maintain, store for purposes other than sale, park or operate within the City any motor vehicle registered or required to be registered with the Illinois Secretary of State, State of Illinois, to an address within the corporate limits of the City, unless such vehicle pays an annual fee outlined in Subsection 10-8-3 by December 31st for the following calendar year and therefore licensed with the City of Evanston as provided in this Chapter. In addition, vehicles not registered or required to be registered with the Secretary of State, as provided in the previous sentence, must be licensed as provided in this Chapter if the vehicle operator lives in an "Evanston resident only parking district" as described in Subsection 10-4-5- 2(C) of this Title. All new residents of the City of Evanston must obtain a license pursuant to this Chapter within thirty (30) days of change of address. A violation of the provisions of this Section shall take place when a motor vehicle registered or required to be registered with the Illinois Secretary of State to an Evanston address is not licensed within thirty (30) days the motor vehicle is required to be licensed under this Chapter, whether or not said vehicle is actually in operation on the streets or public ways of the City. Tickets Citations for a violation of this Section shall be considered in connection with the City's authority to immobilize motor vehicles per City Code Section 11-2-1. (B) The deadline for Annual license renewal will be due no later than December 31 of the renewal year. Citations may be issued for violations of Subsection 10-8-1(A) thirty- one (31) days after December 31st of the renewal year. SECTION 2: All ordinances or parts of ordinances in conflict herewith are 200 of 359 162-O-15 ~2~ hereby repealed. SECTION 3: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2016 Adopted: ___________________, 2016 Approved: __________________________, 2016 ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 201 of 359 PLANNING & DEVELOPMENT COMMITTEE MEETING Monday, January 25, 2016 7:15 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston James C. Lytle Council Chambers AGENDA I. CALL TO ORDER/DECLARATION OF QUORUM: ALDERMAN TENDAM, CHAIR II. APPROVAL OF REGULAR MEETING MINUTES OF JANUARY 11, 2016 III. ITEMS FOR CONSIDERATION (P1) Approval of Contract Renewal with Open Communities for 2016 Landlord Tenant Program The Housing and Homelessness Commission and staff recommend approval of a $37,500 renewal grant to Open Communities to continue the Evanston Landlord Tenant Program. The City has partnered with Open Communities to provide tenant landlord services to Evanston residents and property owners since August 1, 2011. This renewal grant would fund the continuation of services from January 1 through December 31, 2016. Funding is provided by the City’s Affordable Housing Fund, 250.21.5465.62490. For Action (P2) Ordinance 11-O-16, Amendment to Ordinance 119-O-15 to Alter the Approved Building Location for a 70’ Concrete Plant Enclosure for Ozinga RMC at 2525 Oakton Street City staff recommends adoption of Ordinance 11-O-16 to modify the location of the previously approved 70’ high concrete plant building where a maximum height of 60’ is allowed in the I3 General Industrial District (Major Variation approved on September 21, 2015) for Ozinga RMC at 2525 Oakton Street. City staff found the revised proposal meets all standards for variations. For Introduction 202 of 359 Planning & Development Committee Meeting Agenda Page 2 of 2 January 25, 2016 (P3) Ordinance 10-O-16, Granting a Special Use for a Baseball Scoreboard at Rocky Miller Park and a Softball Scoreboard at Sharon Drysdale Field at 1501 Central Street The Zoning Board of Appeals and City staff recommend adoption of Ordinance 10- O-16 granting special use approval for a baseball scoreboard at Rocky Miller Park and a softball scoreboard at Sharon Drysdale Field for Northwestern University at 1501 Central Street. The applicant has complied with all zoning requirements, and meets all of the standards for a special use in the U2 University Athletic Facilities District. For Introduction IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT 203 of 359 Planning & Development Committee Meeting Minutes of January 11, 2016 7:15 p.m. James C. Lytle Council Chambers - Lorraine H. Morton Civic Center MEMBERS PRESENT: J. Fiske, D. Holmes, A. Rainey, M. Tendam, D. Wilson, M. Wynne STAFF PRESENT: M. Muenzer PRESIDING OFFICIAL: Ald. Tendam I. DECLARATION OF QUORUM A quorum being present, Chair Tendam called the meeting to order at 7:30 p.m. II. APPROVAL OF REGULAR MEETING MINUTES OF DECEMBER 14, 2015 Ald. Rainey moved to approve the Minutes of the December 14, 2015 meeting, seconded by Ald. Wilson. The Committee voted unanimously 6-0 to approve the December 14, 2015 minutes. III. ITEMS FOR CONSIDERATION (P1) Approval of Naming the Ecology Center Classroom the “Elizabeth A. Patterson Classroom” The Citizens’ Advisory Committee on Public Place Names recommends approval of the request from James D. Patterson of the Archer Patterson Family Foundation and members of the Evanston Environmental Association to name the newly renovated classroom at the Ecology Center the “Elizabeth A. Patterson Classroom.” For Action Ald. Wilson moved approval of naming the Ecology Center Classroom the “Elizabeth A. Patterson Classroom,” seconded by Ald. Rainey. The Committee voted unanimously 6-0 to approve naming the Ecology Center Classroom. (P2) Ordinance 7-O-16 Granting Major Zoning Relief for a Second Story Addition and Open Parking at 2115 Dewey Avenue The Zoning Board of Appeals and City staff recommend approval of Ordinance 7-O- 16 granting major zoning relief for a second story office addition at a mixed-use building with open parking in the rear yard at 2115 Dewey Avenue. The applicant has complied with all other zoning requirements, and meets the standards for variations. Suspension of the Rules is requested for Introduction and Action by City Council on January 11, 2016. DRAFT – NOT APPROVED 204 of 359 Planning & Development Committee Meeting Page 2 of 3 Minutes of January 11, 2016 For Introduction and Action Ald. Wynne moved to introduce and take action on Ordinance 7-O-16 granting major zoning relief for a second story addition and open parking at 2115 Dewey Avenue, seconded by Ald. Holmes. The Committee voted unanimously 6-0 to introduce and approve Ordinance 7-O-16. (P3) Ordinance 6-O-16 Granting Major Zoning Relief to Convert 44 Rooming House Units to Dwelling Units with No Additional Parking at 860 Hinman Avenue The Zoning Board of Appeals and City staff recommend approval of Ordinance 6-O- 16 granting major zoning relief to convert 44 rooming house units into dwelling units at 860 Hinman Avenue. The conversion requires zoning relief to increase the total number of dwelling units on the property, as well as zoning relief since no additional parking spaces are proposed. Staff recommends an additional condition that would allow the building’s trash dumpsters to occupy two on-site parking spaces until August 2017 providing clear access in the alley during construction of 835 Chicago Planned Development. For Introduction Ald. Fiske moved to introduce Ordinance 6-O-16 granting major zoning relief to convert 44 rooming house units to dwelling units with no additional parking at 860 Hinman Avenue, seconded by Ald. Wynne. Ald. Tendam reiterated the staff recommendation of an additional condition that would allow the building’s trash dumpsters to be occupied on site on two parking spaces until August 2017. Community Development Director Muenzer added that the parking situation will be revisited once the adjacent Chicago-Main Development is fully constructed. The Committee voted unanimously 6-0 to approve Ordinance 6-O-16. (P4) Ordinance 154-O-15, Zoning Ordinance Text Amendment – Addition of Rentals to the Automobile and Recreational Vehicle Sales Use The Plan Commission and staff recommend City Council adoption of the Zoning Ordinance Text Amendment to classify automobile and/or truck rental uses under Automobile and Recreational Vehicle Sales Use instead of Retail Service Establishments by updating the term “Automobile” to “Motor Vehicle” and adding “Rental” to the use name. The proposed amendment will ensure that motor vehicle and truck rental uses are accounted for within the Zoning Code and allowed in the same manner as motor vehicle and recreational vehicle sales uses. This ordinance was held at the Planning and Development Committee on December 14, 2015. 205 of 359 Planning & Development Committee Meeting Page 3 of 3 Minutes of January 11, 2016 For Introduction Ald. Rainey moved to introduce Ordinance 154-O-15, zoning ordinance text amendment for the addition of rentals to the automobile and recreational vehicle sales use, seconded by Ald. Wilson. Ald. Rainey stated that this ordinance was held in committee during the last meeting to discuss the inclusion of rental vehicles in the I2 and C2 districts. Ald. Rainey objects to it being in a C district, but approves of it being in the industrial district and amends the motion to delete the inclusion of truck rentals in the C2 district and keep it only in the I2 district. Ald. Wynne seconds this motion. Ald. Rainey notes that this will not change anyone operating an existing truck rental or sales facility in either of those districts. The Committee voted unanimously 6-0 to approve Ordinance 154-O-15 the zoning ordinance text amendment, as amended. IV. ITEMS FOR DISCUSSION Ald. Fiske makes a reference for further staff review of buildings that are private dormitories and how they are addressed in the zoning ordinance. Currently, dormitories are connected to a university/educational use, but Ald. Fiske requests to have a discussion about a private dormitory not associated with an educational institution and how that would be defined in the zoning ordinance. Ald. Rainey objects to the term “private dormitories” and states that it should be called “student housing.” V. COMMUNICATIONS There were no communications. VI. ADJOURNMENT Ald. Tendam moves to adjourn, seconded by Ald. Rainey. The meeting was adjourned at 7:39 p.m. Respectfully submitted, Ushane Locke 206 of 359 For City Council meeting of January 25, 2016 Item P1 Business of the Council by Motion: Open Communities Landlord Tenant Program For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Sarah Flax, Housing and Grants Administrator Subject: 2016 Open Communities Landlord Tenant Program Date: January 29, 2015 Recommended Action The Housing and Homelessness Commission and staff recommend approval of a $37,500 renewal grant to Open Communities to continue the Evanston Landlord Tenant Program. The City has partnered with Open Communities to provide tenant landlord services to Evanston residents and property owners since August 1, 2011. The 2015 grant was $35,000. This renewal grant would fund the continuation of services from January 1 through December 31, 2016. Funding Source: The funding source is the City’s Affordable Housing Fund, 250.21.5465.62490 Discussion Open Communities provides responses and guidance on housing related issues raised by Evanston landlords and tenants, and upholds Evanston’s Landlord-Tenant ordinance. Open Communities has proven expertise with landlord-tenant issues and handled 415 Evanston cases between September 2014 and August 2015, an average of over 34 calls per month, an increase of almost 30% over the prior year. The recommendation of $37,500 in funding is an increase of 7% from 2015, which was level with 2014 funding. The City’s 311 staff has recently begun to refer cases directly to Open Communities through Public Stuff, improving response time and streamlining tracking of calls/referrals. Open Communities staff is available by phone and email five days a week during business hours. Staff will continue to have office hours at the Lorraine H. Morton Civic Center one morning per week and clients may also set up meeting times outside those hours by calling 847-501-5760. In addition to working directly with Evanston residents and landlords, Open Communities’ staff provides training relating to landlord-tenant issues to the City’s 311 Memorandum 207 of 359 Page 2 staff and Evanston Police Problem Solving Team, and works with Property Standards staff on cases involving code violations, as appropriate. Evanston landlord-tenant cases average just over two different issues per case. Open Communities maintains detailed records about the nature of the issues/questions. Evictions are involved in 40% of cases, 38% involve lease concerns, 34% involve disturbances, 32% involve maintenance issues, and 22% involve security deposits. Other issues include foreclosure eviction, pest problems, early lease termination, utilities and subletting. See the chart on page 3 of the attached application. Over 95% of Evanston residents seeking assistance had incomes ≤ 80% of the area median. The Open Communities renewal grant agreement would run from January 1– December 31, 2016. Open Communities activities and outcomes include: • Responding to a minimum of 400 Evanston calls/cases in total, an average of 33 per month, • Providing education and advice verbally, electronically or in writing that resolves the landlord-tenant issues in 85% of cases • Referrals to appropriate services, including legal services, in 8% of cases • Referral to other Open Communities services, including Fair Housing, in 7% of cases • Organizing one training session for Evanston landlords and property managers • Providing training for Evanston 311 staff, Police officers, and other staff as appropriate on landlord-tenant issues and the City’s landlord-tenant ordinance. Open Communities will continue to provide monthly reports detailing the Evanston caseload and to maintain office hours at the Civic Center. Payments would be made in April 2016 and December 2016, contingent on receipt of the monthly reports. Legislative History The Housing and Homelessness Commission voted unanimously to recommend approval of Open Communities request for funding at its meeting on January 4, 2016. Attachments Open Communities’ application for Landlord-Tenant Funding and attachments: • FY 2016 budget • FY 2015 unaudited Financial Statement 208 of 359 2016 APPLICATION FORM Affordable Housing Fund Include these attachments with your application:  Organization's most recent completed fiscal year budget and current year budget  Organization's non-discrimination, equal employment opportunity and affirmative action plan  Audited financial statement and Form 990 for the most recent completed fiscal year  Evidence of non-profit status  Plan to address accessibility issues, including who to contact with questions/issues, policies for responding to grievances/complaints and the time period for providing a written response (new applicants or previously funded agencies if changed).  Completed Conflict of Interest Disclosure form Please submit 1 hardcopy and 1 electronic copy of your application and attachments. For questions, contact Sarah Flax, housing and Grants Administrator. AGENCY: Open Communities PROGRAM NAME: Landlord-Tenant Counseling CONTACT PERSON: Oliver Jury TELEPHONE: 847-501-5760 ext. 411 EMAIL: oliver@open-communities.org ADDRESS: 614 Lincoln Ave. Winnetka, IL 60093 AMOUNT REQUESTED: $37,500 PROGRAM DESCRIPTION 1. Provide a summary of your program, including the need(s) that it addresses. How long has your program existed and how has it grown or changed? How long do you expect to continue providing this service? Open Communities is the only advocacy, education and organizing resource for tenants and landlords in Chicago’s northern suburbs. The agency works to keep vulnerable renters – disproportionately low-income persons, persons with disabilities, immigrants, and people of color – in place through services as well as advocacy. Open Communities’ Landlord-Tenant Program has been funded by the City of Evanston since fall 2011 as an annual Affordable Housing Fund grantee. Open Communities will continue to provide counseling, group education and practical advice to Evanston landlords and tenants about their rights and responsibilities covering such topics as inadequate maintenance; lack of heat, hot water or other utilities; non-return of security deposits; eviction threats, including displacement through foreclosure; and harassment. Staff also provide building-wide organizing where appropriate including forming tenants’ councils to deal with building-wide issues, advocacy committees, or creating education groups within a building. Staff also provide referrals to other services, such as legal assistance, where appropriate for the landlord or tenant. The program’s depth of service to both landlords and tenants has increased each year as word spreads through 3-1-1, referrals from the community, and general publicity. The volume of case type informs Open Communities’ targeted outreach in Evanston, and provides the basis for annual landlord and tenant training events. Fact sheets, demand letters, and referral lists are 209 of 359 constantly being edited and streamlined. Additionally, residents of Evanston will now have the ability to work directly through the Public Stuff forum to reach Open Communities, as the agency acts as the pilot organization to test the effectiveness and capability of collaboration between the City of Evanston and external service providers. Full utilization of this online system will allow for direct access to program information for anyone in the City, but will be implemented on a gradually increasing basis over the first several months of 2016. Open Communities anticipates this program to continue indefinitely. 2. Who participates in or benefits from your program or services? Describe them in terms of age, gender, race/ethnicity, family status, income level and other relevant or defining characteristics. Detail any eligibility requirements. 415 total intakes were conducted and 396 callers identified their monthly income as falling between moderate and extremely low income as defined by HUD for the Chicago area median income (AMI). 95.4% of the intakes conducted assisted families in this range. The incomes below employ the current HUD definition: Extremely Low Very Low Low Moderate All Incomes Above Moderate 126 (30.3%) 125 (30.1%) 99 (23.8%) 46 (11.1%) 19 (4.6%) Racial and Ethnic Demographics: 68.9% of callers were women. 47.9% of callers identified as White. (188) 37.3% of callers identified as Black. (155) 8.4% of callers identified as Hispanic. (35) 6.5% of callers identified as Asian. (27) Household Size: 1 HH size: 2 HH size: 3 HH size: 4 HH size: 5+ 144 (34.6%) 118 (28.4%) 78 (18.8%) 44 (10.6%) 31 (7.5%) Age Range: 18-39 years 40-59 years 60 and older 181 (43.6%) 159 (38.3%) 74 (17.8%) Landlords Tenants 77 (18.5%) 338 (81.5%) Since the vast majority of landlords served house low- or moderate-income tenants, through the Landlord- Tenant Program, the City of Evanston is ensuring that existing affordable units are maintained and alternative resolutions to eviction are brokered. Landlords frequently use this service to connect tenants with resources to remain current during periods of financial hardships. Open Communities streamlines the management process through education, making it easier and more cost-effective for landlords to retain tenants and outline plans to better maintain housing stock. There are no eligibility requirements for this service. It is offered free of charge to all. 3. What other agencies or programs address this need, how do you collaborate with them to avoid duplication of services, and what successes and challenges have you experienced? What sets your services apart from others? (Include agencies that serve Evanston residents but are not located here.) There are no agencies that provide this service to Evanston residents except for Open Communities. For this reason, there is no duplication of services. Metropolitan Tenants’ Organization is limited to residents of the City of Chicago, although their work is similar. Open Communities makes legal referrals to private attorneys in the area, as well as legal aid organizations, like the Shriver Center, 210 of 359 LAF (Legal Assistance Foundation), and LCBH (Lawyers’ Committee for Better Housing). For emergency financial assistance, Connections for the Homeless and local faith-based organizations (St. Vincent De Paul, Catholic Charities, CJE) are frequent referrals. 4. Discuss the need for this type of service including:  existing level of services  how the need has changed over the past two to three years,  the gaps in providing this service As Evanston continues to work toward maintaining housing opportunities for individuals at all income levels, the Landlord-Tenant program is continues to be a critical element in assisting existing residents retain their housing. As the numbers indicate above, 95.4% of all intakes involved households at or below the HUD definition of low- or moderate-income for the area. Concentrating services to this vulnerable population is an extremely low-cost way to ensure that lower-income residents retain their housing. Open Communities staff walk residents through all of their eviction questions (164 in the 12-month period of September 2014-August 2015) providing advice and legal referrals where appropriate. All staff involved in the Landlord-Tenant Program work at full capacity. The need for a community- based landlord and tenant advocate has increased as Evanston becomes a “landlord’s market” with the foreclosure crisis and condo bust. The primary gap in this service is that Open Communities does not provide legal representation to low-income residents, unless the client’s issues are fair housing related (Open Communities is a Qualified Fair Housing Organization that has conducted broad-based and full-service enforcement and education projects since 1977, specifically complaint intake, complaint investigation, testing for fair housing violations and enforcement of meritorious claims.) However, with the hiring of an attorney as Director of Fair Housing (Neda Brisport), legal referrals are being made more efficiently and effectively for clients in need of additional assistance. The specific type of assistance residents need has not changed significantly, and more data collection is needed to accurately describe any subtle changes in the type of rental issues being addressed. 5. Complete the chart below with the unduplicated total of people you expect to serve in 2016, number that are low/moderate income, and the number of them that are Evanston residents. If an existing program, provide the same numbers for 2015. 675 Unduplicated people to be served in 2016 400 Unduplicated Evanston residents to be served in 2016 550 Unduplicated low/moderate income people to be served in 2016 305 Unduplicated low/moderate income Evanston residents to be served in 2016 659 Unduplicated people to be served in 2015 389 Unduplicated Evanston residents to be served in 2015 550 Unduplicated low/moderate income people to be served in 2015 300 Unduplicated low/moderate Evanston residents to be served in 2015 The ratio of low and moderate income residents is lower for the City of Evanston because of our high volume of landlord cases. Describe your program. Be specific about the activities/services provided, days/times of services and the frequency/duration of service for the average participant. Is there a wait list? If yes, explain its size and the length of wait time. The Landlord-Tenant program serves any and all residents of the City of Evanston, year-round. Services vary based on the type of problem that needs a resolution. Open Communities defines these 211 of 359 cases in several ways: Maintenance, Eviction, Disturbance, Security Deposit, Lease Concerns, Pests, Early Lease Termination, Utilities, Subletting, Foreclosure Eviction, or Lock Out. Many cases fall into more than one of these categories. The average participant contacts Open Communities between 1-3 times. The average amount of time spent with an individual during the initial intake process is 25 minutes, but varies greatly after that, based on the amount of follow-up needed. At least 1 staff person is available during business hours Monday-Friday, with some work occasionally falling on the weekends (primarily trainings). There is no waiting list, and cases are handled on a first-come, first- serve basis. During high-volume periods of time, cases may take a day or two to open. Emergency cases, where the stability of a resident’s housing is in jeopardy, take priority. Cases Types by Volume, September 2014-August 2015 This distribution is not centered on the City of Evanston’s fiscal year, in order to provide the most recent possible 12-month sample. This distribution of case variety is consistent with the documentation from 2013-2014. Often, an individual intake will involve more than 1 issue area, hence greater than 415 issues. The more complicated a case is, the more follow-up is generally required. 6. Describe the number, qualifications and experience of program staff. Will new staff be hired and is this dependent on City funding? Will the staff be retained if City funding is not received in future years? All of Open Communities 12 staff persons are capable of conducting an intake. However, more detailed casework is conducted primarily by the Landlord-Tenant Liaison (Oliver Jury), the Immigrant Integration Program Director (Alicia De La Cruz), and to a lesser extent, the Director of Organizing and Advocacy (Brendan Saunders). Both Oliver and Brendan have received formal property management training. The Landlord-Tenant Liaison will train to become a certified mediator. The Director of Fair Housing (Neda Brisport), who supervises all housing program staff, is trained mediator. In some cases, the Director of Fair Housing will contribute expertise to a case. No new staff will be hired to carry on this work through this grant. The Landlord-Tenant position is dependent upon City of Evanston funding. This position may need to change or dissolve should the City of Evanston cease this funding in future years. 7. Describe program goals and outcomes you anticipate in 2016, including any change from 2015. What data are collected and used to analyze your program and measure success? Who is responsible for 212 of 359 ensuring the program is implemented as planned? In Open Communities previous application, the target was 550 landlord-tenant clients, 450 of whom would be low and moderate income, and 400 of which would be Evanston residents. Open Communities’ goal remains to serve at least 400 residents. September 2013-August 2014: 320 intakes September 2014-August 2015: 415 intakes, for an increase of 29.7%. The 400 expected intakes goal from 2015 will remain in place. It is reasonable, particularly if Open Communities’ shift to the Evanston 311 system full-time moves forward efficiently, allowing for even faster turn-around time and more rapid electronic communication to residents. Open Communities collects data on the issues raised by residents and where the issues are coming from. Success is measured by properly following the established processes and ensuring that all clients are provided with both the information they need to make informed choices and the follow-up support needed as situations evolve. Open Communities reports case volume on a monthly basis to both Sarah Flax and Carl Caneva at the City. 8. Where (address/location) does your program take place and how will clients get to the location or facility? Open Communities office is located at 614 Lincoln Ave, Winnetka, IL 60093. Clients generally work with staff over the phone, but occasionally will visit the office here, in meeting space available. The Landlord-Tenant Liaison is present at the Civic Center in Evanston, from 9am – noon, to work with City staff, utilize City information (usually from the Health Department), and to hold open walk-in hours for City of Evanston residents. Previously, Open Communities staff hosted monthly walk-in hours at Evanston’s Levy Senior Center. These hours were shifted to the Evanston Civic Center due to a lack of resident-utilization of time at the Levy Center. 9. Is this location in compliance with the requirements of the federal ADA (Americans with Disabilities) Act? Yes. 10. How is eligibility for this program determined and what demographic data are collected about clients? This program is open to all residents, regardless of income level. The demographic data that is collected includes: Location of employment, Household size, Female Head of Household (Y/N), Age, Any household member(s) with a disability (Y/N), Gender, Limited English Speaking (Y/N, if yes, what is primary language), Race/Ethnic Background, Household income (monthly), Born in the United States or its territories (Y/N, if no, country of origin). 11. Provide a summary of your organization's mission and work including services, organizational structure, size and functions of the board, and any significant changes in the last year. Open Communities’ mission is to educate, advocate, and organize to promote just and inclusive communities in north suburban Chicago. What began in the 1960s as a grassroots movement to end housing discrimination became the North Shore Interfaith Housing Council in 1972. For 43 years, the agency, renamed the Interfaith Housing Center of the Northern Suburbs in 1986, has been at the forefront of the fight for fair and affordable housing, providing advocacy, education and organizing expertise as well as a range of free and confidential services. The changing reality of the north suburban landscape led the agency to build upon a rock solid foundation of success in the housing arena by renaming itself Open Communities in 2012 and more 213 of 359 importantly, explicitly adopting an expanded scope of social justice issues beyond housing to education reform, immigrant integration, civic engagement, and environmental sustainability. Open Communities is the only suburban group that combines service delivery with organizing and advocacy for social justice. The agency serves persons with housing needs through:  Fair housing discrimination complaint investigation;  Landlord/tenant dispute resolution;  Foreclosure and predatory lending prevention housing counseling; and  Homesharing match facilitation. Its newest campaign, The Justice Project: The March Continues, takes the agency full circle to the its grassroots organizing roots and catapults it into the future, organizing for the Welcoming Community in all its forms, with housing but one way to get to the inclusive, diverse and just community. Finally, Open Communities also provides extensive community education in fair and affordable housing, mortgage scam prevention, and immigrant leadership development. Open Communities is in the process of recruiting new Board members. This is in conjunction with the imminent departure in mid-January of its Executive Director of 22 years, Gail Schechter. Gail is has initiated the transition, having paved the way throughout 2015 in tightening all housing staff under the supervision of the Director of Fair Housing, training them in fair housing enforcement, embarking on two major HUD fair housing grants, settling two major cases (one of which is in Evanston), and launching The Justice Project. At the height of its strength, Open Communities is poised for growth. 12. Program Outcomes and Indicators Outcome (What is the program designed to achieve?) Indicator (How is success determined?) Number or percent of total that will achieve this Education and Advice Resident receives information verbally, electronically, or in writing, including all appropriate documents, form letters, or fact sheets; Client is made aware that follow-up is welcomed 85% Referral Resident’s situation is properly assessed and referred to existing appropriate services 8% Internal Referral Other Open Communities services meets the needs of the client (Fair Housing or Shared Housing) 7% Organizing 1 training session for Evanston property managers and landlords on responsibilities, with City [DATE TBD] Completion of annual landlord training event n/a Open Communities’ staff is also happy to arrange an internal training for the Evanston Police Department, Evanston Human Relations Commission, 3-1-1 intake staff and any other “first responders” when it comes to landlord/tenant issues. 214 of 359 BUDGET Complete the table below for your program budget. Total revenues should be equal to or greater than total program expenditures. Line item expense and revenue descriptions should match your chart of accounts. If your program is new, leave fiscal year 2015 blank. Include all funding sources/revenues for your program. Total sources/revenues should equal total uses/expenses. Line items must match your chart of accounts/operating budget. Show any source of funding of $20,000 or more in a separate line. Show any grants/donations that have been secured, and unrestricted revenues that are committed to this program, in the "2016 Committed" column. Line Item Expenses 2015 % of Budget 2016 % of Budget Total Salaries 79,207 78% 81,448 78% Payroll Taxes 6,059 6% 6,230 6% State Unemployment Tax & Workers Comp 300 0% 262 0% Staff Health Insurance 4,238 4% 4,365 4% Staff Training 500 0% 1,500 1% Advertising 200 0% 200 0% Audit 100 0% 100 0% Equipment Expense 150 0% 150 0% Insurance-D&O, Liability 300 0% 300 0% Newsltr/Annual Report 500 0% 500 0% On-line services 300 0% 300 0% Postage, Shipping, Messenger 200 0% 200 0% Printing/Photocopying 1,246 1% 1,445 1% Professional Services (not audit) 1,000 1% 1,000 1% Rent - Office 4,500 4% 4,800 5% Supplies Expense 1,000 1% 1,000 1% Telephone Expense 600 1% 600 1% Transportation - Local 600 1% 600 1% Total Expenditures: 101,000 100% 105,000 100% Revenues 2016 Committed Affordable Housing Funds 35,000 35% 37,500 36% Pending HUD Fair Housing Initiatives Program 30,000 30% 29,000 28% Yes New Trier Township 1,000 1% 1,000 1% Pending Moraine Township 3,000 3% 3,000 3% Application/Jan. 2016 Cook County CDBG 10,000 10% 10,000 10% Yes The Chicago Community Trust 10,000 10% 12,000 11% Application/Jan. 2016 Woods Fund of Chicago 12,000 12% 12,500 12% Yes Total Revenues: 101,000 100% 105,000 100% 215 of 359 Indicate your fiscal year. If requesting funds for an existing program, explain any significant differences in revenues or expenses between your 2015 and 2016 program budgets, particularly funding cuts from major funders such as the State of IL, and its impact on service levels, staffing, etc. Describe your efforts to secure other sources of funding and justify any increased request from the City of Evanston. Why is Evanston’s Affordable Housing Fund an appropriate funding source for this program? Open Communities’ fiscal year is July 1 – June 30. Funding for the Landlord/Tenant Program is mostly stable. The reason that the budget as submitted to Evanston with last year’s application has increased from $64,500 to $101,000 is that Open Communities was able to expand funding and staffing. With a HUD Fair Housing Education grant that also spanned the calendar year of 2015 and which was used in primarily to draft and promote alternative rental policies to “crime free” ordinances, Open Communities could free up Oliver Jury to work almost exclusively on the Evanston sub-contract; Brendan Saunders to work on the “crime-free” alternative ordinance and the promotion of affordable rental housing construction, especially in transit-oriented develop (TOD) locations: and a new Moraine Township grant ($3,000) permitted the creation of a similar model of service to tenants in Highland Park/Highwood, with Alicia De La Cruz as the primary contact. Cuts in the state of Illinois mostly affect Open Communities’ Foreclosure Prevention Housing Counseling and to a lesser extent, Homesharing Programs. Open Communities will benefit in the new year from unrestricted litigation income which will be used primarily to fill the gap created by lost state funding. Evanston’s Affordable Housing Fund is an appropriate funding source for this program because landlord/ tenant counseling is a simple, low-cost way to serve Evanston’s hundreds of tenants who have questions and concerns about their rental situations, and to prevent deterioration of the existing rental stock. Nearly half of Evanston’s housing stock is rental, and a disproportionate number of Evanston’s low-income population rents in substandard housing. Therefore, this type of counseling helps preserve affordable housing, upgrade the current rental stock (an effective partnership with Property Standards staff), and empowers renters to advocate on their own behalf. 216 of 359 CERTIFICATION We, the undersigned duly authorized agents of Open Communities (applicant), do hereby state, that to the best of our knowledge, the information contained in this application is true and correct. Applicant assures the City of Evanston that funds will be administered by the applicant, and that funds received shall be used solely for the purpose described in this application. Gail Schechter, Executive Director Name &Title Signature PROGRAM ADMINISTRATOR Neda Brisport, Director of Fair Housing Namec//JcIA 0!dJut;rd siihattife I Date I I 217 of 359 OPEN COMMUNITIES FY 2016 BUDGET (Fiscal Year is July 1-June 30) REVENUES Individual Gifts 20,369 Board Contributions 4,000 Individual Gifts: Justice Project 15,296 Income from Fundraisers (Individual)14,180 Income from Fundraisers (Corporate)15,019 Member Contributions (incl. Justice Proj.)6,245 Corp. & Fdn. Contributions The Chicago Community Trust 35,000 Sally Mead Hands Foundation 18,000 Woods Fund of Chicago 25,000 Banks 3,000 Other 26,800 AgeOptions 39,601 Cook CDBG-Homesharing 20,000 Evanston CDBG-Homesharing 5,000 Moraine Township-Homesharing 3,000 New Trier Township 1,667 Niles Township-Homesharing 2,500 Northfield Township-Homesharing 5,000 Cook CDBG-Fair Housing 48,000 HUD/FHIP Enforcement 316,385 HUD/FHIP Education-General 86,670 AG-Latino Policy Forum-Foreclosure Prev.33,753 Evanston-Landlord/Tenant 35,000 HUD/Housing Counseling 14,049 IHDA/Housing Counseling 10,080 Litigation Income 0 Interest Income 259 In-Kind Contribution 0 Sales-Cups, Tumblers, Magnets 0 Miscellaneous 0 TOTAL REVENUES 803,873 EXPENSES Total Salaries 535,114 Payroll Taxes (.0765)40,936 Unemployment Insurance Tax 5,000 Workers Compensation 4,000 Staff Health Insurance 28,000 Staff Training 1,000 Advertising 1,000 Audit 6,675 Bank Charges 120 Board Development 500 Conferences 4,000 ECF - Miller Endowment Fund 0 Equipment 3,000 Fees and Licences 600 Insurance - D&O (Board)1,000 Insurance - Office Related Insurance 3,000 Litigation Expense 0 Memberships 1,400 Newsletter/Annual Report Printing 4,500 On-Line Services 2,500 Postage/Messenger 4,200 Printing/Photocopying 5,000 Professional Services 53,100 Publications & Subscriptions 200 Refreshments/Food 4,500 Rent-Meeting Room 1,000 Rent-Office 48,828 Supplies 8,000 Telephone 7,200 Tester Stipends 12,500 Tester Expenses 5,000 Transportation-Out of Town 6,000 Transportation-Local 6,000 Transportation-Other 0 In-Kind Contribution 0 Miscellaneous [cups, magnets, tumblers]0 TOTAL EXPENSES 803,873 EXCESS REV./EXPENSES (0) 218 of 359 Open Communities Financial Statement - Unaudited* Fiscal Year July 1, 2014 to June 30, 2015 Revenue Dollars Percent Memberships 6,210.31 0.73% Individual Contributions 28,937.28 3.40% Corporate/Foundation Grants 341,826.70 40.21% Government Grants 461,313.27 54.26% Performance & Project Income 6,100.00 0.72% Fundraising Events 1,105.00 0.13% Investment Income 250.65 0.03% In-kind Contributions 3,916.50 0.46% Other 512.00 0.06% Total Revenue 850,171.71 100.00% Expenses Dollars Percent Program Foreclosure Prevention Housing Counseling 191,522.07 22.91% Fair Housing 288,299.21 34.49% Homesharing 127,886.73 15.30% Affordable Housing Advocacy & Tenant Organizing 112,795.51 13.49% Immigrant Integration Initiative Project 57,223.80 6.85% Lobbying 916.68 0.11% Total Program 778,643.99 Support Services Fundraising*23,281.01 2.78% Management & General 34,025.56 4.07% Total Expenses 835,950.56 100.00% Net Gain/(Loss)14,221.15 Net Assets Beginning Balance as of July 1, 2014 100,393.25 Excess of expenses over revenues 14,221.15 Ending Balance as of June 30, 2015 114,614.40 * Audit in progress by Arthur S. Gunn, Ltd. 1% 3% 40% 54% 1% 0% 0% 1% 0% Revenues Memberships Individual Contributions Corporate/Foundation Grants Government Grants Performance & Project Income Fundraising Events Investment Income In-kind Contributions Other 23% 34% 15% 14% 7% 0% 3% 4% Expense Foreclosure Prevention Housing Counseling Fair Housing Homesharing Affordable Housing Advocacy & Tenant Organizing Immigrant Integration Initiative Project Lobbying Fundraising* 219 of 359 For City Council meeting of January 25, 2016 Item P2 Ordinance 11-O-16 Amendment to approved building location for a 70’ concrete plant enclosure at 2525 Oakton Street For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Damir Latinovic, Planning and Zoning Administrator Melissa Klotz, Zoning Planner Subject: Ordinance 11-O-16 Amendment to Ordinance 119-O-15 to Alter the Approved Building Location for a 70’ Concrete Plant Enclosure for Ozinga RMC at 2525 Oakton Street Date: January 12, 2016 Recommended Action City staff recommends adoption of Ordinance 11-O-16 to modify the location of the previously approved 70’ high concrete plant building where a maximum height of 60’ is allowed in the I3 General Industrial District (Major Variation approved on September 21, 2015) for Ozinga RMC at 2525 Oakton Street. City staff found the revised proposal meets all standards for variations. The application complies with all other zoning requirements. Summary The City Council granted major zoning variation by Ordinance 119-O-15, adopted September 21, 2015, for a concrete plant building with a maximum height of 70’, where 60’ or four stories, whichever is less, is permitted in the I3 General Industrial District. The building height is necessary to accommodate the 63’ high concrete plant equipment plus necessary clearance to the ceiling of the structure. The previously approved site plan depicted the concrete plant enclosure near the southeast corner of the property. The applicant now proposes to locate the concrete plant enclosure near the north end of the property, and construct a new office building and material handling facility that are height-compliant at 40’ or less on the south portion of the property. Although the requested building height is not changing, the modified site plan requires an amendment to the approved ordinance since the revised location is not within substantial compliance with the previously approved site plan. Memorandum 220 of 359 Amended Site Plan: Previously Approved Site Plan per Ordinance 119-O-15: 70’ tall concrete enclosure building ↓ 221 of 359 The revised building locations will improve truck maneuvering and allow for more truck stacking on site. All truck stacking and loading will occur on the Ozinga property, and will circle clockwise from north to south and then out of the facility. The applicant agrees to finance additional evergreen landscaping on the adjacent Sam’s Club parking lot to the north, as required by approved Ordinance 119-O-15 to screen the site. 2525 Oakton Street is located north of Oakton Street off of a private access drive adjacent to the North Shore Canal and is surrounded by similar industrial uses. The property is located approximately 500’ from the closest residential area. The revised location continues to satisfy all Standards for Variations per Section 6-3-8- 12 of the Zoning Ordinance. Proposed view looking northeast: Legislative History August 18, 2015: The ZBA unanimously recommended approval of the requested variation with the following conditions: 1. Must fund additional landscaping along the north property line per DAPR 2. Project must be in substantial compliance with the documents and testimony on record. September 21, 2015: City Council approved the requested variation with conditions. December 16, 2015: The DAPR Committee reviewed the modified site plan and determined an amendment to the approved variation was needed since the project was no longer in substantial compliance with the documents and testimony on record. Attachments Proposed Ordinance 11-O-16 with revised plans and previously approved Ordinance 119-O-15 December 16, 2015 DAPR Meeting Minutes Link to August 18, 2015 ZBA Meeting Minutes 222 of 359 http://www.cityofevanston.org/assets/ZBA%20minutes%2008.18.15.pdf Link to August 18, 2015 ZBA Packet http://www.cityofevanston.org/assets/ZBA-packet-20150818.pdf 223 of 359 1/14/2016 11-O-16 AN ORDINANCE Amending Ordinance 119-O-15, Granting a Major Variation Related to 2525 Oakton Street in the I3 General Industrial Zoning District WHEREAS, on September 21, 2015, the City Council enacted Ordinance 119-O-15, attached hereto as Exhibit A, which, pursuant to Subsection 6-9-4-3 of the Evanston City Code, 2012, as amended (the “City Code”), granted a Major Variation related to 2525 Oakton Street in the I3 General Industrial Zoning District (the “Subject Property”); and WHEREAS, Richard Slager (the “Applicant”), property manager of the Subject Property, has submitted a revised site plan, attached hereto as Exhibit B, and has requested the approval of said revised site plan such that the location of the seventy- foot (70’) tall structure is relocated to the north of the Subject Property; and WHEREAS, at its meeting of January 25, 2016, the Planning and Development (“P&D”) Committee of the City Council considered the Applicant’s request and recommended that the City Council approve the revised site plan to replace the original site plan for Ordinance 119-O-15; and WHEREAS, at its meeting of January 25, 2016 and February 8, 2016, the City Council considered and adopted the records and recommendations of the P&D Committee, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and 224 of 359 11-O-16 ~2~ incorporated herein by reference. SECTION 2: The City Council hereby approves the revised site plan in connection with the Major Variation granted under Ordinance 119-O-15 at the Subject Property, the revised site plan to substitute the original site plan for Ordinance 119-O-15. SECTION 3: Except as otherwise provided for herein, all applicable regulations of Ordinance 119-O-15 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 provisions of any of said documents conflict with the terms of this ordinance, this ordinance shall govern and control. SECTION 4: The Applicant, at its cost, shall record a certified copy of this ordinance, including any Exhibits attached hereto, with the Cook County Recorder of Deeds. SECTION 5: Violation of any of the terms of this ordinance or Ordinance 119-O-15 shall constitute grounds for penalties pursuant to City Code Subsection 6-3- 10-5, and/or revocation, pursuant to City Code Subsection 6-3-10-6, of the Major Variation related to 2525 Oakton Street on the Subject Property. SECTION 6: 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 7: 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 8: All ordinances or parts of ordinances in conflict herewith are 225 of 359 11-O-16 ~3~ hereby repealed. SECTION 9: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 10: 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 226 of 359 11-O-16 ~4~ EXHIBIT 1 Ordinance 119-O-15 227 of 359 228 of 359 229 of 359 230 of 359 231 of 359 232 of 359 11-O-16 ~5~ EXHIBIT 2 Revised Site Plan 233 of 359 Current Site Ozinga Ready Mix Plant Improvements 2525 Oakton Street Evanston, 60202 234 of 359 Scope: Decommission and remove of original plant. – Complete Decommission and remove of portable plant . Erect new concrete plant and construction of supporting facility. – State of the art permanent plant with increased capacity. – Architectural Steel Enclosure (see illustration) for plant and supporting equipment & materials. – Concrete batch operation room. Installation of new Material Handling System . – Aggregate & Sand hopper storage. – Material handling conveying system to concrete plant. New 1,600sqft office adjacent to material handling storage. – Construction to be in accordance to local codes and ordinances. Installation of new landscape screening on northern property line, contiguous to Sam’s Club. Ozinga Ready Mix Evanston Plant Improvements A B C E D F 235 of 359 Ozinga Ready Mix Evanston Plant Improvements Removed X Removed X To be Removed Landscape Screening Improvements New Office New Material Handling A B C D E F 236 of 359 Proposed Site Plan 237 of 359 Overall Site Plan with noted improvements 30 ft from Property line 30 ft from Property line C D E F 238 of 359 Truck Stacking and Maneuvering Ingress & Egress 239 of 359 Evanston Plant Improvements Southwest Elevation View Material Handling Office Plant 240 of 359 Evanston Plant Improvements Northwest Elevation View Material Handling Office Plant 241 of 359 Evanston Plant Improvements Landscape Screening – Northern Elevation View North Elevation Contiguous to Sam’s Club 242 of 359 Evanston Plant Improvements Landscape Screening – Northern Elevation View North Elevation Contiguous to Sam’s Club 243 of 359 Evanston Plant Improvements Landscape Screening – Northern Elevation View Contiguous to Sam’s Club 244 of 359 Evanston Plant Improvements Landscape Screening – Northern Elevation Landscape Screening Improvements 245 of 359 Evanston Plant Improvements Illustration of Architectural Steel Enclosure 246 of 359 247 of 359 248 of 359 DAPR Meeting Minutes November 11, 2015 Page 1 of 3 APPROVED DESIGN AND PROJECT REVIEW COMMITTEE (DAPR) MINUTES December 16, 2015 Voting Members Present: L. Biggs, I. Eckersberg, G. Gerdes, M. Jones, M. Klotz, D. Latinovic, M. Muenzer, J. Nelson, M. Tristan Staff Present: Presiding Member: M. Muenzer A quorum being present, Mr. Muenzer called the meeting to order at 2:30 p.m. New Business: 1) 2200 Green Bay Road Preliminary Review Charles Davidson, project manager, submits for building modifications including a new front façade in the C2 Commercial District. APPLICATION PRESENTED BY: Charles Davidson Project Manager Kiril Mirintchev Architect DISCUSSION:  Approved for funding by City Council through Storefront Modernization Program  Currently Northstar Heating and Cooling. Lease expires in 2017  Propose to remove existing façade and set back new squared off façade with short walkway  Will be more ADA accessible but only the entrance will be fully ADA compliant.  Desert sand colored brick façade with storefront windows in aluminum bronze, tented frosted glass awnings  Existing roofing to be patched. Brick on façade will attempt to match existing remaining brick.  Mr. Latinovic stated that the proposed wing wall is not consistent with design guidelines.  Mr. Muenzer indicated future signage regulations along Green Bay Rd will be put in place, signage placed on wing wall may not be consistent  Mr. Nelson stated that water main work is planned on Green Bay Rd in 2016. Will need to coordinate building work with water main work Mr. Latinovic moved to recommend approval with the condition of removal of the wing wall, seconded by Ms. Biggs. The Committee voted unanimously 9-0 to recommend approval. 2) 1610 Fowler Street Recommendation to ZBA Leon Maupin, property owner, submits for a major variation to establish one open parking space in the rear yard with a .5’ south rear yard setback where 3’ is required for open parking in the R2 Single Family Residential District. APPLICATION PRESENTED BY: Leon Maupin Owner DISCUSSION:  Existing 2 ½ car garage in rear of home on property. Driveway in front yard 249 of 359 DAPR Meeting Minutes November 11, 2015 Page 2 of 3  Plans to expand garage by connecting to shed north of it.  10’ apron off of alley to the garage.  8’ wide dirt area south of garage to be turned into paved parking space for personal vehicle.  Antique cars currently parked in garage. Third car in driveway. Personal vehicle parked on street Mr. Muenzer moved to recommend denial, seconded by Mr. Gerdes. The Committee voted unanimously, 9-0, to recommend denial. 3) 2422 Hastings Avenue Recommendation to ZBA Marc Wise & Heather Lough, landscape contractors, submit for a major variation to construct a brick paver patio with an increase in the legally-nonconforming 62% impervious surface coverage to 68.7% impervious surface coverage where a maximum 45% is allowed in the R1 Single Family Residential District. APPLICATION PRESENTED BY: Marc Wise Landscape Contractor Heather Lough Landscape Contractor DISCUSSION:  Concerns of the large amount of impervious coverage being proposed on the lot.  Smaller and narrower yard than what is required in R1 District. Unfinished yard outside of walk along garage and small landing to walkway on side of house  Have talked with neighbor and working with them regarding pitch of the property  14” of wash gravel base proposed to capture water beneath the rain garden surface  Can determine rooftop run-off rate and adjust permeable surfaces and garden base to capture more water as needed  Ms. Biggs stated that more information such as a cross-section, materials used and drainage rates is needed for Public Works to make informed recommendation.  Gravel to be placed on top of soil which may be clay but could be dug deeper and placed on sand to improve drainage  Mr. Latinovic suggested that excess concrete be removed from the property in favor of permeable pavers.  Zoning Board of Appeals review to be moved from the January 5th to February 2nd Ms. Biggs moved to continue the project review to the January 6, 2016 DAPR committee meeting for the applicant to provide additional stormwater mitigation information. Seconded by Mr. Gerdes. The Committee voted by unanimously 9-0 to recommend approval. 4) 2525 Oakton Avenue Recommendation to ZBA Rich Slager, property manager, submits for modifications to a proposed concrete plant enclosure and accessory buildings in the I3 General Industrial District for Ozinga RMC. APPLICATION PRESENTED BY: Rich Slager Property Manager Greg Vandervelde Strategic Development DISCUSSION:  Project will need to go back to Planning & Development Committee due to the scale and nature of changes (larger footprint and layout change) 250 of 359 DAPR Meeting Minutes November 11, 2015 Page 3 of 3  Improvements to be made: decommission and remove portable plants, install new architectural steel enclosed concrete plant (approx. 70’ in height), installation of material handling plant with new office adjacent (approx. 40’ in height), new landscape screening  Propose year round operation with slower period during winter months  Operating hours 6:00 AM to 6:00 PM five to six days per week (closed Sundays)  Larger truck circulation provides for longer queue and truck storage on property  Recycled water used for truck washing basins on site  Landscaping to be installed on the Sam’s Club side of property wall. Likely a Blue Spruce. Six foot space available for plantings.  Mr. Muenzer requested that a landscape plan be submitted prior to Planning & Development Committee meeting  May need to coordinate with MWRD for work on sanitary sewers. Will need MWRD permits prior to issuance of building permits  Ms. Biggs stated need to ensure material waste does not get into drainage system  Need RPZ backflow preventer shown on drawings at meter pit No vote was taken for concept review. 5) 1421 Oak Avenue Recommendation to SRAB Dominic Hilaire, representative for the owner, submits for a sign variance to install a 4’ X 7’6” freestanding monument sign with a 4’ setback from the west property line where a 7’6” setback is required in the R1 Single-Family Residential District. This item was withdrawn by the applicant. Other Business: Approval of the December 9, 2015 meeting minutes. Mr. Nelson moved to approve the minutes from December 9, 2015, seconded by Mr. Latinovic. Adjournment: The meeting adjourned at 3:29 p.m. Respectfully submitted, Meagan Jones 251 of 359 For City Council meeting of January 25, 2016 Item P3 Ordinance 10-O-16 Application for a Special Use for a Baseball Scoreboard at Rocky Miller Park and a Softball Scoreboard at Sharon Drysdale Field at 1501 Central Street For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Damir Latinovic, Planning and Zoning Administrator Melissa Klotz, Zoning Planner Subject: Ordinance 10-O-16, Granting a Special Use for a Baseball Scoreboard at Rocky Miller Park and a Softball Scoreboard at Sharon Drysdale Field at 1501 Central Street Date: January 20, 2016 Recommended Action The Zoning Board of Appeals and City staff recommend adoption of Ordinance 10-O-16 granting special use approval for a baseball scoreboard at Rocky Miller Park and a softball scoreboard at Sharon Drysdale Field for Northwestern University at 1501 Central Street. The applicant has complied with all zoning requirements, and meets all of the standards for a special use in the U2 University Athletic Facilities District. At the request of the Zoning Board of Appeals, Northwestern University submitted site plans and renderings with proposed landscaping showing alternate location of the baseball field scoreboard beyond left field facing west. Documents depicting the alternate location of the scoreboard are attached. The applicant also submitted revised plans for the baseball scoreboard reducing the maximum peak height from 40 feet to 34 feet above grade. City staff attended a community meeting held by NU officials on January 19, 2016. The meeting was attended by approximately 15-20 residents, primarily from Wilmette. Resident requests at that meeting included moving the scoreboard from right to left field and lowering its overall height. NU officials noted moving the scoreboard is problematic due to infrastructure concerns (there is a foundation with the scoreboard that would negatively impact adjacent athletic facilities) and that the scoreboard would then be closer to Isabella St and cause potential traffic concerns. The scoreboard height also has already been reduced to 34'. NU officials also noted the extensive landscaping that will be put in place fronting Isabella St that will obscure most views of the proposed baseball scoreboard. However, NU officials will explore moving the scoreboard further Memorandum 252 of 359 west of the batter’s eye than originally proposed to further obscure the visibility from 4th Street in Wilmette, and will provide updated drawings at the P&D meeting. Summary 1501 Central Street is located on the northeast corner of Ashland Avenue and Central Street in the U2 University Athletic Facilities District, on a large lot featuring multiple athletic facilities for Northwestern University. The property is adjacent to a large Northwestern University parking lot, as well as single and multi-family homes. The applicant proposes to replace the electronic scoreboards at Rocky Miller Park baseball field and Sharon Drysdale Field softball field with larger LED scoreboards. The baseball scoreboard was presented to the ZBA with a total height of 40’. However, the applicant has now reduced the height of the baseball scoreboard to 34’. The applicant proposes the following scoreboards: Rocky Miller Park (baseball) Scoreboard: The baseball field is currently undergoing extensive renovation including a new clubhouse, locker room facility, concession stand, and landscaping. The existing freestanding scoreboard is located just beyond the outfield fence, to the north of Welsh Ryan Arena. The existing scoreboard is 13’ (height) x 30’ (width), mounted 6’ above the ground, for a total peak height of 19’ above grade. The existing scoreboard is electronic but does not feature LED or digital image capabilities. 253 of 359 The applicant proposes to remove the existing scoreboard and install a new freestanding scoreboard in approximately the same location. The new scoreboard is 24’ (height) x 36’ (width), and mounted 10’ above the ground, for a total peak height of 34’ above grade. The scoreboard includes a 3’ wide strip of channel letters at the top of the structure, and a 21’ x 36’ LED screen. The LED screen will feature inning/score information, still images of pertinent baseball information, photographs, and advertisements. The LED screen will not feature flashing/scrolling advertisements. Proposed Baseball Scoreboard ↓ The additional buildings being constructed around the baseball field, as well as new landscaping, will obscure most visibility of the scoreboard, but it will be intermittently visible from certain areas. The new scoreboard will extend to 34’ above grade and will be adjacent to the existing 40’ tall batters eye. Sharon Drysdale Field (softball) Scoreboard: The existing wall-mounted scoreboard is located on the east façade of Welsh Ryan Arena just beyond the outfield fence near left field. The existing scoreboard is 10’ (height) x 28’ (width), mounted 14’ above the ground, for a total peak height of 24’ above grade. The existing scoreboard is electronic but does not feature LED or digital image capabilities. The applicant proposes to remove the existing scoreboard and install a new wall- mounted scoreboard in approximately the same location. The new scoreboard would be 16’ (height) x 25’ (width), mounted 14’ above the ground, for a total peak height of 30’ above grade. The scoreboard includes a 2’ wide strip of channel letters at the top of the structure, and a 14’ x 25’ LED screen. The LED screen will feature inning/score 254 of 359 information, still images of pertinent softball information, photographs, and advertisements. The LED screen will not feature any flashing/scrolling advertisements. The new scoreboard will be partially visible from Livingston and Jenks Streets to the east. The scoreboard will be partially obscured by the existing fence that surrounds the facility and the existing press box. Additional landscaping near the fence will obscure the view, but the scoreboard will be intermittently visible from certain areas. Since the scoreboard is wall-mounted, there is no visibility of the rear of the scoreboard. Alternate Scoreboard Location As requested by the ZBA, the applicant has submitted alternate site plans and renderings of the baseball field scoreboard beyond the left field fence, facing west, rather than beyond the right field adjacent to the batter’s eye and facing north. The renderings include the proposed landscaping along Isabella Street. The applicant also submitted a letter explaining the alternate scoreboard location is not feasible because the scoreboard foundation would impinge on the football practice field to the east and create a hazard for athletes. Additionally, the alternate location features underground storm-water detention and electrical infrastructure for the north half of the athletic complex, which would require civil and electrical engineering to determine if the location is feasible for a scoreboard and foundation structure. Alternate scoreboard location – view of back of scoreboard when heading west on Isabella Proposed 255 of 359 The alternate scoreboard location reduces the impact of the scoreboard, when in use, to the properties to the north. However, the alternate location is much closer to Isabella Street and properties to the north, and will be more visible to properties to the east and west. The alternate location makes the back of the scoreboard visible, and there are no other similarly sized structures in the vicinity to help the scoreboard blend in. Conclusion: The applicant believes the proposed heights and sizes of the scoreboards are necessary to provide adequate visibility that is eye-level with the viewing stands, above the outfield fences, and are easily readable. The applicant also believes the heights and sizes are consistent with similar Big 10 athletic facilities. The scoreboards will be used during baseball and softball home games, and dimmed to black when not in use. The scoreboards do not feature any sound system. The scoreboards will be partially visible from the right-of-way of Isabella Street (baseball scoreboard) and Livingston and Jenks Streets (softball scoreboard). Though the proposed scoreboards are larger than the existing, additional landscaping and the construction of the new baseball facilities will partially obscure views. City staff has received several letters of objection to the baseball scoreboard. In 2014, City staff committed to mailing public hearing notices to surrounding Wilmette residents notifying them of the special use application and public hearing. City staff was in contact with the Wilmette Village Manager and the Village of Wilmette included all DAPR and ZBA meeting information and results in their weekly e-news, but mailed notices were not sent out. To ensure all residents of both Evanston and Wilmette receive appropriate notice of the application, Northwestern University held a neighborhood meeting on Tuesday, January 19, 2016 and sent out mailed notices to all property owners within 500’ in both Evanston and Wilmette regarding the neighborhood meeting. Any future projects involving Northwestern University near the City’s border with Wilmette that require public notice will include mailed notifications to Wilmette residents within 500’. Comprehensive Plan The Evanston Comprehensive General Plan encourages institutional development enhancements. The proposed scoreboards are an enhancement for Northwestern University’s baseball and softball programs that compete in the Big Ten Conference at the NCAA Division I level. The Comprehensive Plan specifically includes: Goal: Support the growth and evolution of institutions so long as the growth does not have an adverse impact upon the residentially-zoned adjacent neighborhoods. The scoreboards will promote Northwestern University’s athletic programs and educational institution, which will in turn benefit the community as a whole. 256 of 359 Legislative History December 15, 2015: The ZBA recommended unanimous approval of the special use with the following conditions: 1. Landscaping must be installed to maximize an obscuring view of the baseball scoreboard, subject to DAPR approval. 2. No lights at baseball or softball field and no night use of scoreboard. 3. No sound from the scoreboard. 4. Screens must go to black when not in use. 5. Renderings of the two location options for scoreboards must be presented to P&D Committee 6. Substantial compliance with the documents and testimony on record Attachments Proposed Ordinance 10-O-16 Revised Scoreboard Plans Alternate Location Renderings – Rocky Miller Park Letters of Opposition ZBA Findings Link to December 15, 2015 ZBA Meeting Minutes http://www.cityofevanston.org/assets/ZBA-minutes-20151215.pdf Link to December 15, 2015 ZBA Packet http://www.cityofevanston.org/assets/zba-packet-20151215.pdf Link to Additional Documents Submitted by Resident at ZBA http://www.cityofevanston.org/assets/submitted%20at%20ZBA.pdf 257 of 359 1/12/2016 10-O-16 AN ORDINANCE Granting a Special Use Permit for Two Scoreboards Located at 1501 Central Street in the U2 University Athletic Facilities District WHEREAS, the Zoning Board of Appeals (“ZBA”) met on January 15, 2016, pursuant to proper notice, to consider case no. 15ZMJV-0105, an application filed by Charles Davidson, representative for the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 1501 Central Street (the “Subject Property”) and located in the U2 University Athletic Facilities District, for a Special Use Permit to install, pursuant to Subsections 6-15-7-3 of the Evanston City Code, 2012, as amended (“the Zoning Ordinance”), two Scoreboards on the Subject Property (one Scoreboard at the baseball field located at Rocky Miller Park and one Scoreboard located at the softball field located at Sharon Drysdale Field); 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 two Scoreboards met the standards for Special Uses in Section 6-3-5 of the Zoning Ordinance and recommended City Council approval thereof; and WHEREAS, after the January 15, 2016 meeting of the ZBA, the Applicant amended its application to include a revised set of plans that lower the height of the baseball scoreboard located at Rocky Miller Park to a total of thirty-four feet (34’) above grade; and WHEREAS, at its meeting of January 25, 2016, the Planning and Development Committee of the City Council (“P&D Committee”) considered the ZBA’s 258 of 359 10-O-16 ~2~ record and findings and recommended the City Council accept the ZBA’s recommendation and approve the application in case no. 15ZMJV-0105; and WHEREAS, at its meetings of January 25, 2016 and February 8, 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 Commercial Indoor Recreational Facility on the Subject Property as applied for in case no. 15ZMJV-0096. 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. Landscaping: The Applicant shall install landscaping to maximize an obscuring view of the baseball scoreboard during the baseball season, subject to City of Evanston Design and Project Review (“DAPR”) approval. C. Lighting: The Applicant shall not install lighting on the baseball field located at Rocky Miller Park. The Applicant shall not install lighting on the softball field located at Sharon Drysdale Field. 259 of 359 10-O-16 ~3~ D. Hours of Operation: The Applicant shall not operate the scoreboards outside of Northwestern University baseball and softball games. The Applicant shall not operate the scoreboards from dusk until dawn on any given day. E. Scoreboard LED Panels: Both scoreboard LED panels must be black when in standby mode. F. Recordation: Before it may operate the Special Use authorized by the terms of this ordinance, the Applicant shall record, at its cost, a certified copy of this ordinance with the Cook County Recorder of Deeds. SECTION 4: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 8: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2016 Adopted:___________________, 2016 Approved: __________________________, 2016 260 of 359 10-O-16 ~4~ _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 261 of 359 10-O-16 ~5~ EXHIBIT A LEGAL DESCRIPTION THE PART OF LOTS 17 AND 18 LYING EAST OF THE EAST LINE OF ASHLAND AVENUE, SOUTH OF THE SOUTH LINE OF ISABELLA STREET AND NORTH OF THE NORTH LINE OF CENTRAL AVENUE (EXCEPT THE EASTERLY 4 FEET OF THE SOUTHERLY 432.92 FEET OF THE NORTHERLY 465.92 FEET OF LOT 18) IN GEORGE SMITH’S SUBDIVISION OF THE SOUTH PART OF ARCHANGE QUILMETTE RESERVATION IN TOWNSHIP 42 NORTH, RANGE 13, LYING EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 05-35-310-015-0000 COMMONLY KNOWN AS: 1501 Central Street, Evanston, Illinois. 262 of 359 Department of Facilities Management Operations Northwestern University Prepared by: Charles Davidson Rocky Miller Baseball and Sharon Drysdale SoŌball Scoreboard Zoning Review SubmiƩal Thursday November 16, 2015 ExisƟng CondiƟon Site Plan Rock Miller Scoreboard elevaƟons Sharon Drysdale Scoreboard ElevaƟons Site Plan—Photos Exhibits Rock Miller Site Plan—Photos Exhibits Sharon Drysdale Ryan Field Proposed Rocky Miller Scoreboard ExisƟng Baseball Scoreboard Proposed Sharon Drysdale Scoreboard ExisƟng Sharon Drysdale Scoreboard 1 263 of 359 Department of Facilities Management Operations Northwestern University Prepared by: Charles Davidson Rocky Miller Baseball Scoreboard ExisƟng / Proposed Proposed Scoreboard Baseball ExisƟng 13’ H x 30’ W (6’ A.G.L.) Proposed 24’ H x 36’ W (10’ A.G.L.) ExisƟng 264 of 359 Department of Facilities Management Operations Northwestern University Prepared by: Charles Davidson Sharon Drysdale SoŌball Main Scoreboard ExisƟng / Proposed Proposed Scoreboard SoŌball ExisƟng 10’ H x 28’ W (14’ A.G.L.) Proposed 16’ H x 25’ W (14’ A.G.L.) ExisƟng 265 of 359 Department of Facilities Management Operations Northwestern University Prepared by: Charles Davidson Rocky Miller—Sharon Drysdale SoŌball Main Scoreboard ‐ Technical SpeciﬁcaƟons 266 of 359 Department of Facilities Management Operations Northwestern University Prepared by: Charles Davidson Livingston Street View Looking West Towards ExisƟng / Proposed Sharon Drysdale SoŌball Scoreboard. The exiƟng and proposed scoreboard are parƟally visible from Livingston. Part of the Scoreboard is obscured by the Pressbox. Site Plan Photos—Exhibits Key Map 267 of 359 Department of Facilities Management Operations Northwestern University Prepared by: Charles Davidson Jenks Street ‐ View Looking West Towards Baseball Scoreboard. View of back side of BaƩers Eye 40’ (H) which obstructs view of backside of Proposed Scoreboard scheduled for 34’ (H) Site Plan Photos—Photos Exhibits Key Map 268 of 359 Department of Facilities Management Operations Northwestern University Prepared by: Charles Davidson Dupee St. View Looking South Towards ExisƟng Rock Miller Scoreboard View of back side of BaƩers Eye is 40’ (H) Proposed Scoreboard is 34’ (H) Proposed Landscape will parƟally block view of Scoreboard Re: Per L1‐03 Rocky Miller Park Land‐scape Plan 3.02.15 qty 6 Lilac Trees Site Plan Photos—Photos Exhibits Key Map 269 of 359 Department of Facilities Management Operations Northwestern University Prepared by: Charles Davidson 4th Street View Looking South Towards ExisƟng Rock Miller Scoreboard Proposed Landscape will parƟally block view of Scoreboard Re: Per L1‐03 Rocky Miller Park Landscape Plan 3.02.15 qty 6 Lilac Trees Site Plan Photos—Photos Exhibits Key Map BaƩers Eye 40’ Scoreboard 34’ 5 270 of 359 Department of Facilities Management Operations Northwestern University Prepared by: Charles Davidson View Looking South East Towards ExisƟng Rock Miller Scoreboard The new facility will obstruct view of the scoreboard Site Plan Photos—Photos Exhibits Key Map 271 of 359 Department of Facilities Management Operations Northwestern University Prepared by: Charles Davidson View Looking South East Towards ExisƟng Rock Miller Scoreboard The new facility will obstruct any view of the scoreboard Site Plan Photos—Photos Exhibits Key Map 272 of 359 Department of Facilities Management Operations Northwestern University Prepared by: Charles Davidson View Looking East Towards ExisƟng BaƩer eye View of BaƩers Eye is 40’. Proposed Scoreboard is 34’ (H) New Facility will parƟally obstruct view Site Plan Photos—Photos Exhibits Key Map 273 of 359 Department of Facilities Management Operations Northwestern University Prepared by: Charles Davidson View Looking South Towards Baseball from Archive Photo August 2011 Site Plan Photos—4th Street WilmeƩe August 2011 274 of 359 Department of Facilities Management Operations Northwestern University Prepared by: Charles Davidson View Looking West down Isabella Archive Photo August 2011 Site Plan Photos—1500 Isabella August 2011 275 of 359 Aerial looking southeast from intersection of Isabella and Ashland Rocky Miller Park - Isabella St. Planting - Scoreboard Right Field ASHLAND A V E123 ISABE L LA S T Note applies to all sheets: The Isabela Street Platings depicted herin are prepared atop a digital model for Rocky Miller Park provided by Northwestern University, January 6, 2016. Plantings are depicted at 10 year maturity. ROCKY MILLER PARK - Isabella Street Planting Prepared for Northwestern University Prepared by Teska Associates 01/12/2016 1 of 9 276 of 359 VIEW #1 -- East of 5th St. Rocky Miller Park - Isabella St. Planting - Scoreboard Right Field ROCKY MILLER PARK - Isabella Street Planting Prepared for Northwestern University Prepared by Teska Associates 01/12/2016 2 of 9 scoreboard behind building ISABELLA STREET 277 of 359 VIEW #2 -- East of 5th St. Rocky Miller Park - Isabella St. Planting - Scoreboard Right Field ROCKY MILLER PARK - Isabella Street Planting Prepared for Northwestern University Prepared by Teska Associates 01/12/2016 3 of 9 scoreboard behind trees ISABELLA STREET 278 of 359 VIEW #3 -- West of 4th St. Rocky Miller Park - Isabella St. Planting - Scoreboard Right Field ROCKY MILLER PARK - Isabella Street Planting Prepared for Northwestern University Prepared by Teska Associates 01/12/2016 4 of 9 scoreboard behind trees ISABELLA STREET 279 of 359 Aerial looking southwest from intersection of Isabella St and Alley Rocky Miller Park - Isabella St. Planting - Scoreboard Right Field ASHLAND AVE 5 67ISABELLA STALL E Y 4 ASHLAND AVE 5 6 7 ISABELLA STALLEY 4 ROCKY MILLER PARK - Isabella Street Planting Prepared for Northwestern University Prepared by Teska Associates 01/12/2016 5 of 9 280 of 359 VIEW #4 -- East of 4th St. Rocky Miller Park - Isabella St. Planting - Scoreboard Left Field ROCKY MILLER PARK - Isabella Street Planting Prepared for Northwestern University Prepared by Teska Associates 01/12/2016 6 of 9 ISABELLA STREET 281 of 359 VIEW #5 -- East of 4th St. Rocky Miller Park - Isabella St. Planting - Scoreboard Right Field ROCKY MILLER PARK - Isabella Street Planting Prepared for Northwestern University Prepared by Teska Associates 01/12/2016 7 of 9 scoreboard behind trees ISABELLA STREET 282 of 359 VIEW #6 -- East of 4th St. Rocky Miller Park - Isabella St. Planting - Scoreboard Right Field ROCKY MILLER PARK - Isabella Street Planting Prepared for Northwestern University Prepared by Teska Associates 01/12/2016 8 of 9 scoreboard behind trees ISABELLA STREET 283 of 359 VIEW #7 -- East of 4th St. Rocky Miller Park - Isabella St. Planting - Scoreboard Right Field ROCKY MILLER PARK - Isabella Street Planting Prepared for Northwestern University Prepared by Teska Associates 01/12/2016 9 of 9 scoreboard behind trees ISABELLA STREET 284 of 359 285 of 359 286 of 359 287 of 359 Ricky Miller Baseball Scoreboard – ZBA Request to Render location in Left Field Issue The letter is a follow up regarding the issues surrounding the question of locating the Rocky and Berenice Miller Baseball Stadium scoreboard along and behind the left-field wall, just to the North of the Batter’s eye. Background The original location shown on our plans was designed based on its proximity to the infrastructure in the area. The proposed scoreboard will be serviced by utilities and a control room in the adjoining building. Facts At this proposed location we have a very narrow distance between Baseball’s outfield fence and the sideline of the football practice field to the East. Foundations required for any structure in that area would impinge on the football practice field, reduce its width and create a potential hazard for players. This location is also the site of two large underground utility structures; one is a 42” concrete storm-water detention pipe and the other; a concrete electrical service duct bank. These utilities extend throughout and serve the entire North side of the Athletics complex. Civil and Electrical engineering would have to be done in order to determine the feasibility and long term impact of relocating these services. There will be an additional cost to the project to extend utilities to this location. 288 of 359 Aerial looking southeast from intersection of Isabella and Ashland Rocky Miller Park - Isabella St. Planting ASHLAND A V E123 ISABE L LA S T Note applies to all sheets: The Isabela Street Platings depicted herin are prepared atop a digital model for Rocky Miller Park provided by Northwestern University, January 6, 2016. Plantings are depicted at 10 year maturity. ROCKY MILLER PARK - Isabella Street Planting Prepared for Northwestern University Prepared by Teska Associates 01/12/2016 1 of 9 289 of 359 VIEW #1 -- East of 5th St. Rocky Miller Park - Isabella St. Planting ROCKY MILLER PARK - Isabella Street Planting Prepared for Northwestern University Prepared by Teska Associates 01/12/2016 2 of 9 scoreboard behind trees ISABELLA STREET 290 of 359 VIEW #2 -- East of 5th St. Rocky Miller Park - Isabella St. Planting ROCKY MILLER PARK - Isabella Street Planting Prepared for Northwestern University Prepared by Teska Associates 01/12/2016 3 of 9 scoreboard behind trees ISABELLA STREET 291 of 359 VIEW #3 -- West of 4th St. Rocky Miller Park - Isabella St. Planting ROCKY MILLER PARK - Isabella Street Planting Prepared for Northwestern University Prepared by Teska Associates 01/12/2016 4 of 9 scoreboard behind trees ISABELLA STREET 292 of 359 Aerial looking southwest from intersection of Isabella St and Dupee Pl Rocky Miller Park - Isabella St. Planting ASHLAND A V E 5 6 7 ISABELLA STALLEY 4 ROCKY MILLER PARK - Isabella Street Planting Prepared for Northwestern University Prepared by Teska Associates 01/12/2016 5 of 9 293 of 359 VIEW #4 -- East of 4th St. Rocky Miller Park - Isabella St. Planting ROCKY MILLER PARK - Isabella Street Planting Prepared for Northwestern University Prepared by Teska Associates 01/12/2016 6 of 9 ISABELLA STREET 294 of 359 VIEW #5 -- East of 4th St. Rocky Miller Park - Isabella St. Planting ROCKY MILLER PARK - Isabella Street Planting Prepared for Northwestern University Prepared by Teska Associates 01/12/2016 7 of 9 scoreboard behind trees ISABELLA STREET 295 of 359 VIEW #6 -- East of 4th St. Rocky Miller Park - Isabella St. Planting ROCKY MILLER PARK - Isabella Street Planting Prepared for Northwestern University Prepared by Teska Associates 01/12/2016 8 of 9 scoreboard behind trees ISABELLA STREET 296 of 359 VIEW #7 -- East of 4th St. Rocky Miller Park - Isabella St. Planting ROCKY MILLER PARK - Isabella Street Planting Prepared for Northwestern University Prepared by Teska Associates 01/12/2016 9 of 9 scoreboard behind trees ISABELLA STREET 297 of 359 January 5, 2015 The Honorable Elizabeth Tisdahl Members of City Council of Evanston 2100 Ridge Avenue Evanston, IL 60201 Dear Mayor Tisdahl and City Council Members: We are writing at the suggestion of our State Representative Robyn Gabel, with whom Celene Peurye-Hissong has worked, and on behalf of concerned Wilmette neighbors. We live in the Isabella Street area bordering Northwestern University’s Rocky Miller Field. We are extremely concerned about the planned installation of a 24-foot by 36-foot LED lighted video scoreboard at a 40-foot elevation. This is an enormous change from the present configuration at the field. As you know this was discussed at the December 15, 2015 Zoning Board of Appeals meeting at which many of the City Council members were present. The recommendations that the Zoning Board of Appeals made are appreciated:  Landscaping that will maximize an obscured view of the scoreboards during baseball/softball season, subject to the /approval of Appearance Review process, is required (i.e., more evergreens and less shade trees; as mature as possible at planting).  The scoreboards may not be used at night.  Lighting of the baseball/softball fields is prohibited.  Audio is not permitted on the scoreboards.  Screens must be black when not in use.  Provide renderings of alternate locations with proposed landscaping to Evanston City Council Planning & Development Committee. But these do not go far enough.  The rendering of the site line visibility does not adequately show the impact it will have on the neighboring Isabella and 4th Streets in Wilmette.  It is difficult to imagine that any trees planted will be tall enough and leafed by late winter-early spring to obscure a video screen placed 40 feet high.  An active video screen will be a traffic hazard on Isabella and 4th Streets on game days and would tower over the neighboring homes. An excellent suggestion was made at the hearing, which should be implemented. That is to place the video screen on the on the east side of the field(behind the left field fence) facing west as opposed to the proposed location on the south side of the field (behind the right field fence) facing due north. Such a location would be just as visible to all the seats and player locations in the stadium rather than facing a small, quiet residential area. This would bring the screen into closer compliance with Evanston’s ordinance that states: “Scoreboards.1.Location. No scoreboard shall be erected or maintained such that it is visible from a public thoroughfare.” https://www.municode.com/library/il/evanston/codes/code_of_ordinances?searchRequest=%7B%22searchText%22:%22scoreboards%22,%22pageNum%22:1,%22resu ltsPerPage%22:25,%22booleanSearch%22:false,%22stemming%22:true,%22fuzzy%22:false,%22synonym%22:false,%22contentTypes%22:%5B%22CODES%22%D, %22productIds%22:%5B%5D%7D&nodeId=TIT4BURE_CH10SIRE_4-10-10PESITY 298 of 359 2 We doubt that any of you would want a 24 by 36 foot, 40 foot high video screen facing your homes at the end your street. This neighboring area of Wilmette is a major gateway to Rocky Miller Field, Welsh-Ryan Arena and Ryan Field. Many visitors park in the CTA lot at 4th & Linden, and on our streets. During football season games, as residents, we cannot park on our own street. We encourage you to take a short drive around the area to see the impact this video scoreboard will have. We would very much like to speak to you about this by phone or in person before the Planning and Development committee meeting on January 25, 2016. Thank you for your consideration. Please let us know of your preferred method of follow-up. Sincerely, Laurel and Karl Sheffer 4th Street Wilmette ls1104@hotmail.com Celene and Roland Peurye-Hissong 4th Street Wilmette Celeneph@comcast.net Michelle Sherman and Alan Malter 4th Street Wilmette Pat and Sue Hayden 4th Street Wilmette William Millett and Patty Evans 4th Street Wilmette Paul and Jeannine Marran 4th Street Wilmette Cynthia and Michael Stone 4th Street Wilmette Jane Kenamore Dupee Pl. Wilmette Page Weston and Alan Sobel Dupee Pl. Wilmette Tracy Pintchman Dupee Pl. Wilmette Erica Fontana Dupee Pl. Wilmette Mary Spaulding Burns Gregory Ave Wilmette Pam and David Carlsen Isabella Street Wilmette Amy and Robert Klie Greenleaf Avenue Wilmette Alexander Brown and Mary Leopold Isabella Street Evanston Jill Greer Jenks St Evanston 299 of 359 300 of 359 301 of 359 302 of 359 303 of 359 304 of 359 305 of 359 306 of 359 307 of 359 308 of 359 309 of 359 310 of 359 311 of 359 312 of 359 313 of 359 314 of 359 315 of 359 January 21, 2016 Planning and Development Committee Members of City Council of Evanston 2100 Ridge Avenue Evanston, IL 60201 Dear Planning and Development/City Council Members: This letter is to follow-up to Zoning Board of Appeals December 15, 2015 meeting, January 14 meeting with Mayor Tisdahl, and an information session on January 19 with Northwestern University Athletics representatives. We live in the Isabella Street area bordering Northwestern University’s Rocky Miller Field. We continue to be extremely concerned about the planned installation of a 24-foot by 36-foot LED lighted video scoreboard at a 34-foot elevation. The impact that the scoreboard will have on our neighborhood continues to be enormous. The renderings shown to us by Northwestern University Athletics and their landscape architect, Teska Associates on January 19, depict the site at least 10 years or more in the future and do not illustrate the actual size and appearance of the video screen. • The screen is not shown at the actual height and size relative to the batters’ eye. Attached please see an illustration of what the screen will look like when in use at the actual height and size (graphic is only to illustrate proportion and visibility – the banding with the name of the park and scores is not included). • The rendering does not show the actual density of the site as it omits the new building structure closest to the corner of Isabella and Ashland (attached). • The rendering illustrating the various trees shows fully grown and leafed trees. As noted above, this will not happen for at least ten years, if those trees indeed will be able to be planted as shown. More importantly, even at their full mature height they will not obscure the 24‘ by 36’ video screen 34 feet high from our homes that stand 6 feet from ground and up to 36 feet tall. At the sight-line perspective from our homes and up 4th Street we will see the video screen looming above the tree line of any of the trees planted along Isabella. The low aerial view from Isabella shown on the renderings does not show this. • The renderings do not take into account the large electrical poles that run down Isabella Street. Although the landscape architect indicated they are aware of these poles and the electrical wires, with the sidewalk installed and the proximity of the poles to the curb (attached separately due to size) – the tree planting illustrated in the renderings appears to be aspirational rather than realistic. • An active video screen will be a traffic hazard on 4th Street and Isabella – that already endures heavy traffic on game days and with increased use of the field by outside groups will worsen. We should not add distraction of drivers viewing a video scoreboard. Before a final decision is made a traffic study, based on the presence of an active video screen and simulating game day traffic, by experts from both the City of Evanston and Village of Wilmette should be conducted. 316 of 359 2 • Also prior to a final decision, an independent assessment of the potential impact on real estate values should be conducted by a real estate valuation professional and not rely on the opinion of laypeople. • The position of the scoreboard should be moved so that it does not face the residential sections of the neighboring properties to the greatest extent possible regardless of cost. Had Northwestern University reached out to the community before construction began rather than nearly two years later, they would have received this feedback at that time. We appreciate that the Zoning Board of Appeals recommended that: • The scoreboards may not be used at night. • Lighting of the baseball/softball fields is prohibited. • Audio is not permitted on the scoreboards. • Screens must be black when not in use. We hope that the Planning and Development Committee will affirm these recommendations, do further study as requested and implement the City of Evanston ordinance that states: “Scoreboards.1.Location. No scoreboard shall be erected or maintained such that it is visible from a public thoroughfare.” https://www.municode.com/library/il/evanston/codes/code_of_ordinances?searchRequest=%7B%22searchText%22:%22scoreboards%22,%22pageNum%22:1,%22resu ltsPerPage%22:25,%22booleanSearch%22:false,%22stemming%22:true,%22fuzzy%22:false,%22synonym%22:false,%22contentTypes%22:%5B%22CODES%22%D, %22productIds%22:%5B%5D%7D&nodeId=TIT4BURE_CH10SIRE_4-10-10PESITY We encourage you to take a short drive around the area to see the impact this video scoreboard will have. Thank you for your consideration. Sincerely, Celene and Roland Peurye-Hissong 4th Street Wilmette Celeneph@comcast.net cc: The Honorable Elizabeth Tisdahl Wally Bobkiewicz Melissa Klotz 317 of 359 318 of 359 319 of 359 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 December 15, 2015, 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: 15ZMJV-0105 Address or Location: 1501 Central Street Applicant: Charles Davidson, Northwestern University Proposed Special Use: Scoreboards: Baseball Scoreboard at Rocky Miller Park and Softball Scoreboard at Sharon Drysdale Field 320 of 359 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. Landscaping must be installed to maximize an obscuring view of the baseball scoreboard during the baseball season, subject to DAPR approval. 2. No lights at baseball or softball field and no night use of scoreboard. 3. No sound from the scoreboard. 4. Screens must go to black when not in use. 5. Renderings of the two location options for scoreboards must be presented to P&D Committee 6. 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__ ____ 321 of 359 P LANNING AND Z ONING D IVISION 847-448-8230  zoning@cityofevanston.org Community Development Department  www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3202 Evanston, IL 60201 ___X___ Matt Rodgers __X__ ____ ___X___ Violetta Cullen __X__ ____ ___X___ Mary McAuley __X__ ____ 322 of 359 For City Council meeting of January 25, 2016 Item P4 Ordinance 6-O-16 Application for Major Zoning Relief to Convert 44 Rooming House Units to Dwelling Units with No Additional Parking 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 Melissa Klotz, Zoning Planner Subject: Ordinance 6-O-16 Granting Major Zoning Relief to Convert 44 Rooming House Units to Dwelling Units with No Additional Parking at 860 Hinman Avenue Date: January 15, 2016 Recommended Action The Zoning Board of Appeals and City staff recommend approval of Ordinance 6-O-16 granting major zoning relief to convert 44 rooming house units into dwelling units at 860 Hinman Avenue. The conversion requires zoning relief to increase the total number of dwelling units on the property, as well as zoning relief since no additional parking spaces are proposed. The applicant has complied with all other zoning requirements, and meets the standards for variations. Staff recommends an additional condition within Ordinance 6-O-16 that would allow the building’s trash dumpsters to occupy two on-site parking spaces until August of 2017 providing clear access in the alley during construction of 835 Chicago Planned Development. By August 2017, the applicant shall either find a legal on-site location for the dumpsters or apply for a parking variation for the permanent loss of two parking spaces to keep the dumpsters in their current location. Following the recommendation of the P&D Committee on January 11, 2016, this condition is now included in Ordinance 6-O-16. Summary 860 Hinman Avenue is located at the southwest corner of Main Street and Hinman Avenue in the C1a Commercial Mixed-Use District and is surrounded by a mixture of commercial and multiple-family residential uses. The property features a seven-story mixed-use building with ground-floor commercial space with residential dwelling units and rooming units above. Memorandum 323 of 359 The 860 Hinman Avenue property currently features 58 dwelling units and 44 rooming units. Rooming units do not have kitchens and are therefore not considered full dwelling units. The applicant proposes to add small kitchens to the existing rooming units to convert them into full dwelling units, for a total of 102 dwelling units in the building. The total number of residential units within the building is not proposed to change; the only change is the addition of kitchens and therefore the change in classification from rooming units to dwelling units. The 44 converted units will function as studio apartments, to improve marketability of those units. In the C1a District, the Zoning Ordinance allows one dwelling unit for every 350 square feet of lot size. Since the property is 14,301.9 square feet in area, the maximum number of dwelling units allowed is 40. With 58 existing dwelling units (in addition to the 44 existing rooming units), the property is already legal-nonconforming. Zoning relief is needed to allow the conversion of 44 rooming units to dwelling units and thereby increase in nonconformity to 102 total dwelling units. The total number of apartments will remain the same at 102. The conversion of the rooming units to dwelling units triggers an increase in required parking. The conversion requires additional 55 parking spaces. The existing ground-floor commercial uses are required to have 24 parking spaces and the existing dwelling units are required to have 73 parking spaces, for a total requirement of 152 parking spaces. The zoning relief is necessary only for the net increase in the parking requirement (55 additional parking spaces). The applicant is not proposing any new parking on site due to lack of available space. The property is legal-nonconforming for parking with a total of 9 parking spaces on-site. Of the 9 on-site parking spaces, two are currently occupied by dumpsters that were relocated from the alley due to the ongoing construction at 835 Chicago Avenue. Staff recommends a condition be added to the Ordinance which would allow the dumpsters to occupy the two parking spaces until August 2017. By that time, the applicant must file for a parking variation to permanently allow the loss of parking spaces to house the trash dumpsters. The requested variations meet the standards for major variations for this district. The existing rooming units represent a hardship to the property owner since they are difficult to lease. The layout of the existing building on the site also represents a hardship for creating new parking spaces since there is no feasible way to add additional parking. The applicant has stated there is no opportunity to lease additional parking from any nearby property and all surrounding City parking lots have wait-lists for monthly parking permits. The proposal will not increase the residential density in the area and therefore will not have any negative impact on the surrounding neighborhood. The property is considered a transit oriented development since it is located 275’ from the Main Street CTA Station and less than 400’ from the Main Street Metra Station. Transit oriented developments (TODs) typically feature less parking than what the Zoning Ordinance requires since 324 of 359 many residents within TODs use the nearby public transportation. City staff is not aware of any objections from neighboring property owners. Legislative History December 1, 2015: The Zoning Board of Appeals recommended unanimous approval of the major zoning relief requested with the condition that the project be in substantial compliance with the documents and testimony on record. Attachments Proposed Ordinance 6-O-16 December 1, 2015 ZBA Meeting Minutes ZBA Findings December 1, 2015 ZBA Packet: http://www.cityofevanston.org/assets/ZBA-packet-20151201.pdf 325 of 359 12/31/2015 1/15/2016 6-O-16 AN ORDINANCE Granting Major Variations Related to 860 Hinman Avenue in the C1a Commercial Mixed-Use District WHEREAS, Kathleen Barry (the “Applicant”), attorney of the property commonly known as 860 Hinman Avenue (the “Subject Property”), located within the C1a Commercial Mixed-Use Zoning District and legally described in Exhibit A, attached hereto and incorporated herein by reference, submitted an application seeking approval of Major Variations to zoning requirements imposed by Subsection 6-10-3-4 and Subsection 6-16-1-2(C) of Title 6 of the Evanston City Code of 2012, as amended (the “Zoning Ordinance”); and WHEREAS, the Applicant requests the following Major Variations: (A) The Applicant requests a total of one hundred two (102) dwelling unites where a maximum of forty (40) dwelling units are permitted; (B) The Applicant requests to increase the parking by zero (0) spaces where an increase of fifty-five (55) parking spaces is required and nine (9) parking spaces currently exist; and WHEREAS, on December 1, 2015, the Zoning Board of Appeals (“ZBA”), pursuant to proper notice, held a public hearing in case no. 15ZMJV-0100 to consider the application, received testimony, and made written records and findings that the application did meet the standards for a Major Variation set forth in Subsection 6-3-8- 12-(E) of the Zoning Ordinance and recommended City Council approval thereof; and 326 of 359 6-O-16 ~2~ WHEREAS, at its meeting of January 11, 2016, the Planning and Development (“P&D”) Committee of the City Council considered and accepted the ZBA’s recommendation, and recommended City Council approve the Major Variation, as requested with the additional condition regarding the building’s dumpster location as more specifically references in Section 4(B) of this Ordinance; and WHEREAS, at its meetings of January 11, 2016 and January 25, 2016, the City Council considered and adopted the recommendation of the P&D Committee, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: The City Council hereby adopts the P&D Committee’s records, findings, and recommendations, and hereby approves, pursuant to Subsection 6-3-8-10-(D) of the Zoning Ordinance, the Major Variations on the Subject Property applied for in case no. 15ZMJV-0100 and described hereinabove. SECTION 3: The Major Variations approved hereby are as follows: (A) Approval to allow one hundred two (102) dwelling units on the Subject Property. Subsection 6-10-3-4 permits a maximum of forty (40) dwelling units on the Subject Property. (B) Approval to allow an increase of parking spaces by zero (0) where nine (9) parking spaces currently exist on the Subject Property. Subsection 6-16-1-2(C) requires an increase of fifty-five (55) parking spaces on the Subject Property. SECTION 4: Pursuant to Subsection 6-3-8-14 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Major Variations granted 327 of 359 6-O-16 ~3~ hereby, violation of any of which shall constitute grounds for penalties or revocation thereof pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: (A) Compliance with Requirements: The Applicant shall develop and use the Subject Property in substantial compliance with all applicable legislation, with the testimony and representations of the Applicant to the ZBA, the P&D Committee, and the City Council, and the approved plans and documents on file in this case. (B) Dumpster Location: The Applicant shall initially locate the building’s trash dumpsters on two on-site parking spaces until August 1, 2017 to provide clear access in the alley during construction of the Planned Development located at 835 Chicago Avenue. After August 1, 2017, the Applicant must either find a legal on-site location for the dumpsters or apply for a parking variation for th e permanent loss of the two parking spaces on which the dumpsters were originally located. SECTION 5: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 6: Except as otherwise provided for in this ordinance, all applicable regulations of the Zoning Ordinance and the entire City Code shall apply to the Subject Property and remain in full force and effect with respect to the use a nd development of the same. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 8: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 9: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect 328 of 359 6-O-16 ~4~ without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 10: The findings and recitals herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2016 Adopted:___________________, 2016 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 329 of 359 6-O-16 ~5~ EXHIBIT A Legal Description Parcel 1: Lot 23 (except the southerly 4.46 feet of said Lot 23) in the Resubdivision of the East ½ of Block 11 and the West ½ of Block 10 in White’s Addition to Evanston, a Subdivision of part of the North ½ of the North ½ of the South East ¼ of Section 19, Township 41 North, Range 14 East of the Third Principal Meridian, according to the Plat thereof recorded November 13, 1873 in Book 6 of Plats, Page 64 in Cook County, Illinois. Parcel 2: Easement for the benefit of Parcel 1 aforesaid as created by the deed made by Frank Lambert White, Frederick Donald Bird, Donald O. White and Henry A. White as trustees under Trust Indenture dated November 16, 1929 and recorded February 28, 1946 as Document 13730053 over the South 4.46 feet of Lot 23 in the Resubdivision aforesaid (excepting therefrom those parts thereof now occupied by a three story brick building and appurtenances thereto) for the purpose of maintaining a cornice overhanging said premises, the right of the ingress and egress, and an easement for light, air and drainage. PIN(S): 11-19-401-008-0000 Commonly Known As: 860 Hinman Avenue, Evanston, Illinois. 330 of 359 Page 1 of 3 Zoning Board of Appeals APPROVED MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, December 1, 2015 7:00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Matt Rodgers, Myrna Arevalo, Mary Beth Berns, Mary McAuley, Scott Gingold, Violetta Cullen Members Absent: Staff Present: Melissa Klotz Chair: Matt Rodgers Declaration of Quorum With a quorum present, Chair Rodgers called the meeting to order at 7:00 pm. Approval of Minutes The minutes from the November 17, 2015 Zoning Board of Appeals meeting were motioned for approval by Mr. Gingold and seconded by Ms. McAuley. The motion was approved 6-0. New Business 1303 Rosalie Street ZBA 15ZMJV-0099 Nate Rosalie, contractor, applies for major zoning relief to construct an enclosed porch in the R1 Single Family Residential District. The applicant proposes a 5’ rear yard setback where 30’ is required (Zoning Code Section 6-8-2-8-A-4). The Zoning Board of Appeals is the determining body for this case. Ms. Klotz passed out an email prior to the beginning of the meeting whereas the applicant explained the property owner could not be present at the meeting and requested the case be continued to the December 15, 2015 ZBA hearing. Mr. Gingold motioned to continue the case without discussion to December 15, 2015. Ms. McAuley seconded the motion, which was unanimously approved. 1459-1463 Elmwood Avenue ZBA 15ZMJV-0101 Jeffrey Kaye, property owner, applies for major zoning relief to construct a two-story addition and second story addition in the D1 Downtown Fringe District. The applicant proposes to construct a two-story addition for a new dwelling unit with a requested 0’ rear yard setback where 10’ is required (Zoning Code Section 6-11-2-6-E). The Zoning Board of Appeals is the determining body for this case. Ms. Klotz read the case into the record. Jeffrey Kaye, property owner, explained the proposal:  Existing building backs up to the property line with train track embankment beyond  Addition will be slightly forward with a 5.75’ rear yard setback proposed  Addition on second floor over existing building continues 0’ setback  Will stain existing bricks to match new bricks, and will use stucco on second floor  Currently has 3 commercial spaces (2 are rented to a catering company and one is currently vacant)  Addition will add one 2,000 sq ft, 2 bed/2 bath dwelling unit with a 2-car attached garage 331 of 359 Page 2 of 3 Zoning Board of Appeals  Building footprint is increasing, but is not encroaching further towards the rear property line than the existing building (at 0’) Ms. Berns inquired if the dwelling unit addition could be further forward to have a compliant rear yard setback of 10’. The garage is larger than what the City requires, so that could be made smaller to accommodate the setback. The applicant responded that could be done, but that also shrinks the second floor of livable space, and it then creates a wasted area in the rear that will attract rodents. Ms. McAuley agreed with the applicant and stated in this instance there is no need to maintain 10’ of unusable area. The ZBA entered into deliberations. Mr. Gingold stated that given the existing building footprint, the requested variance makes sense and has been well-designed to match the existing building. Ms. McAuley added that adding a dwelling unit is a great transition for the Downtown Fringe District that buffers the downtown from residential areas. Ms. Berns stated she appreciated the intent of the proposal, but the size of the proposed garage and dwelling unit in the location proposed is not the minimum change necessary. There is no compelling argument why the 10’ rear setback cannot be achieved in a compliant way. Chair Rodgers noted the unique location of the property and existing building with the train embankment behind, as well as the City parking lot next door, are hardships that make the requested variance reasonable. Also, there is no known opposition to the proposal. The Standards were addressed: 1. Yes 2. Yes 3. Yes (No – Ms. Berns: there is no hardship) 4. Yes (No – Ms. Berns: there is no hardship) 5. Yes 6. Yes 7. Yes (No – Ms. Berns: there is no hardship) Mr. Gingold and Ms. McAuley noted the hardship is the adjacent berm and train tracks, which makes open space in the rear yard unusable. Also, pushing the addition forward to comply with the rear setback would make it difficult to maneuver in the driveway area around the trash enclosure to get into the garage. Mr. Gingold motioned for approval of the proposal with the condition that the project be in substantial compliance with the documents and testimony on record. The motion was seconded by Ms. Aerevalo, and approved 5-1 with Ms. Berns opposed. 860 Hinman Avenue ZBA 15ZMJV-0100 Kathleen Barry, attorney, applies for major zoning relief to convert 44 rooming house units to multiple-family residential units, for a total of 102 multiple-family residential units with 9 existing parking spaces in the C1a Commercial Mixed-Use District. The applicant proposes to convert 44 rooming house units to multiple-family residential dwelling units where 58 multiple-family residential dwelling units currently exist for a total of 102 dwelling units where a maximum 40 dwelling units are permitted (Zoning Code Section 6-8-3-4), and to increase the parking by zero spaces where an increase of 55 parking spaces is required and 9 parking spaces currently exist (Zoning Code Section 6-16-1-2-C). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. 332 of 359 Page 3 of 3 Zoning Board of Appeals Ms. Klotz read the case into the record and noted a new site plan was passed out prior to the meeting that depicts the 9 existing parking spaces on-site (2 of which currently have dumpsters located on them due to the construction of 835 Chicago Avenue). Kearby Kaiser, representative for applicant, explained the proposal:  Only change proposed is to add kitchens to the units that currently do not have kitchens, which are considered rooming house units.  Change triggers variance requests for total number of dwelling units (since rooming house units are converted to apartments they are then considered dwelling units) and number of parking spaces due to the increase in official dwelling units.  Building is currently 100% occupied, but people want kitchens and get confused in rental process why there aren’t kitchens.  Units without kitchens often use hot plates, which are fire hazards. Full kitchens are safer.  Likely won’t increase rent. There are no official “affordable” units.  Most units are 150-200 square feet.  Building had electrical upgrade recently. All kitchen equipment will be electric. Anticipate kitchen installation in summer 2016.  Most residents of the building do not have vehicles. The on-site parking spaces have not been fully rented out in years. Mr. Gingold asked for clarification that there is no increase to the square footage in the building, the total number of units will not change, the total number of occupants will not change, and the number of parking spaces on-site will not change. The applicant confirmed Mr. Gingold’s statements as correct. Mr. Gingold asked staff to clarify what the intent of the regulation for the number of dwelling units allowed on the property is for and if staff supports the proposal. Ms. Klotz explained it is intended to control the density and bulk of structures. Since this case is not proposing to increase the number of occupants within the building nor is it putting an addition on the building, it is supported by City staff. The ZBA entered into deliberations. Chair Rodgers noted he had no issue with the parking variance since the building is fully rented but on-site parking is not. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes Mr. Gingold motioned for approval of the proposal with the condition that the project be in substantial compliance with the documents and testimony on record. The motion was seconded by Ms. Cullen, and unanimously recommended for approval. The meeting was adjourned at 7:50pm. 333 of 359 FF II NN DD II NN GG SS FOR STANDARDS OF VV AA RR II AA TT II OO NN SS In the case of After conducting a public hearing on December 1, 2015, the Zoning Board of Appeals makes the following findings of fact, based upon the standards for major variances specified in Section 6-3-8-12 of the City Code: Standard Finding (A) The requested variation will not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties; ___X___Met _____Not Met 6-0 (B) The requested variation is in keeping with the intent of the zoning ordinance; ___X___Met _____Not Met 6-0 (C) The alleged hardship or practical difficulty is peculiar to the property; ___X___Met _____Not Met 6-0 Case Number: 15ZMJV-0100 Address or Location: 860 Hinman Avenue Applicant: Kathleen Barry Proposed Zoning Relief: Convert 44 rooming house units to multiple-family residential units for a total of 102 multiple-family residential units with 9 existing parking spaces in the C1a Commercial Mixed-Use District. The applicant proposes to convert 44 rooming house units to multiple - family residential dwelling units where 58 multiple -family residential dwelling units currently exist for a total of 102 dwelling units where a maximum 40 dwelling units are permitted (Zoning Code Section 6- 10-3-4), and to increase the parking by zero spaces where an increase of 55 parking spaces is required and 9 parking spaces currently exist (Zoning Code Section 6-16-1-2-C). 334 of 359 (D) The property owner would suffer a particular hardship or practical difficulty as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out; ___X___Met _____Not Met 6-0 (E) The purpose of the variation is not based exclusively upon a desire to extract additional income from the property; or there is a public benefit; ___X___Met _____Not Met 6-0 (F) The alleged difficulty or hardship has not been created by any person having an interest in the property; __X___Met _____Not Met 6-0 (G) The requested variation is limited to the minimum change necessary to alleviate the particular hardship or practical difficulty which affects the property; __X___Met _____Not Met 6-0 and, based upon these findings, and upon a vote of __6__ in favor & __0__ against recommends to the City Council __X___ approval with conditions: 1. Substantial compliance with the documents and testimony on record. _____ denial Attending: Vote: Aye No __X__ Violetta Cullen _X__ ____ __X__ Mary Beth Berns _X__ ____ __X__ Beth McLennan _X__ ____ __X__ Matt Rodgers _X__ ____ __X__ Scott Gingold _X__ ____ __X__ Myrna Arevalo _X__ ____ 335 of 359 For City Council meeting of January 25, 2016 Item P5 Ordinance 154-O-15: Addition of Rentals to the Automobile and Recreational Vehicle Sales Use 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 154-O-15 Zoning Ordinance Text Amendment – Addition of Rentals to the Automobile and Recreational Vehicle Sales Use 15PLND-0097 Date: January 14, 2015 Update Since January 11, 2016 P&D meeting Following the recommendation of the P&D Committee on January 11, 2016, the proposal was amended to allow the proposed Motor Vehicle and Recreation Vehicle Sales and/or Rental use only in I2 Zoning District and eliminate the existing Automobile and Recreational Vehicle Sales use from the C2 Zoning District. Recommended Action: The Plan Commission and staff recommend approval of the Zoning Ordinance Text Amendment to classify automobile and/or truck rental uses under Automobile and Recreational Vehicle Sales Use instead of Retail Service Establishments by updating the term “Automobile” to “Motor Vehicle” and adding “Rental” to the use name. Existing Proposed Use Name Automobile and Recreational Vehicle Sales Motor Vehicle and Recreational Vehicle Sales and/or Rental Regulation Allowed as Permitted Use (P) in I2 and C2 districts No change Allowed as Permitted Use (P) in I2 and C2 districts Update since December 14, 2015 P&D Committee Meeting At its December 14, 2015 meeting, the P&D Committee inquired about the location of C2, Commercial and I2, General Industrial districts in the City and expressed concern Memorandum 336 of 359 about the status of existing and future car rental facilities, specifically truck rental facilities. The C2 District is concentrated along busy arterial roadways, excluding Howard Street. There are pockets of C2 districts along Chicago Avenue, Green Bay Road, Dempster Street and Ridge Avenue near Emerson Street. The I2 district is concentrated in west Evanston industrial area and south of Oakton Street. (Zoning Map attached) Any existing car or truck rental business may stay and continue to operate in its current location. Automobile rental businesses If a new car rental business wishes to open in a location where they would only have a sales office with car storage parking lot located elsewhere, off-site, such use would be classified as a typical office use. If the proposed car rental business would include both on-site sales office and on-site car storage, such use would be classified as Motor Vehicle Sales and/or Rental use. The proposed use regulation is summarized in the table below: Automobile rental businesses Existing Proposed Office sales space only with vehicle storage off site. Classified as Retail Service Establishment. Classified as Office use. Allowed as Permitted use (P) in: all B, C, D, RP, MXE, and Special Use (S) in I2 and O1 Allowed as Permitted use (P) in: all B, C, D, RP, M, I, O1, Office sales space with vehicle storage on site. Classified as Retail Service Establishment Classified as Motor Vehicle and Recreational Vehicle Sales and/or Rental Allowed as Permitted use (P) in: all B, C, D, RP, MXE, and Special Use (S) in I2 and O1 Allowed as Permitted use (P) in I2 and C2 districts Truck Rental Businesses An exclusively truck rental business (i.e. UHaul) has in the past been classified as Retail Service Establishment. Because the impact of a truck rental business is similar to that of an automobile or recreational vehicle sales lot, staff is proposing to classify any truck rental uses as Motor Vehicle and Recreational Vehicle Sales and/or Rental use. The use would thereby be limited to only I2 and C2 districts. Existing Proposed Truck Rental Businesses Classified as Retail Service Establishment. Classified as Motor Vehicle and Recreational Vehicle Sales and/or Rental Allowed as Permitted use (P) in: all B, C, D, RP, MXE, and Allowed as Permitted use (P) in I2 and C2 districts 337 of 359 Special Use (S) in I2 and O1 At the direction of the City Council, staff could develop a separate truck sales/rental use and develop regulations to only allow it in the appropriate industrial districts. Background Automobile and Recreational Vehicle Sales is currently a permitted use in the C2 Commercial District and the I2 Industrial District. Automobile and truck leasing/rental has gained popularity with all automobile dealerships now offering vehicles for lease. There are also several establishments such as Enterprise, Hertz and U-Haul that offer only vehicles for lease/rental. While there are a number of locations within Evanston that rent automobiles or trucks, this use is not specifically addressed within the Zoning Code. Currently, if a use is proposing to sell and lease/rent vehicles, such establishment is categorized as Automobile and Recreational Vehicle Sales use. If however, an establishment proposed to only lease/rent vehicles (such as U-Haul truck rental or Enterprise rent-a-car) such use has been in the past classified as Retail Service Establishment. Proposal Overview During the Plan Commission, the Commissioners noted that it was important to recognize that while both vehicles sales and rentals often take place in the same location, they may also operate separately. Also noted was the need to make sure all vehicle types were taken into account. As such, staff is proposing the following updates to the Code as they relate to vehicle sales and rental: 1. Exchanging the word “automobile” for “motor vehicle”, which is defined in Section 6-18-3. Definitions, in the noted sections below. 2. Adding a reference of “rental” vehicle operations to the currently listed automobile and recreational vehicle sales use described in the Purpose Statement of the C2 Commercial District: 6-10-4-1. Purpose Statement The C2 commercial district is intended to provide suitable locations for general business and commercial activities including automobile motor vehicle and recreational vehicle sales, rental and services and other similar establishments that, due to their inherent nature, may create substantial negative impacts when located close to residential areas. 3. Update the use title in list of permitted uses in C2 and I2 districts: 6-10-4-2. Permitted Uses Automobile Motor Vehicle and recreational vehicle sales and/or rental. 6-14-3-2. Permitted Uses Automobile Motor Vehicle and recreational vehicle sales and/or rental. 338 of 359 4. Update the use title in the District Use Matrix: Appendix A. District Use Matrices Automobile Motor Vehicle and Recreational Vehicle Sales and/or Rental. 5. Update the use title within the definition of Open Sales Lots use: 6-18-13. Definitions Open Sales Lot: Any zoning lot or portion of a zoning lot used for retail sales in which said sales or the inspection of merchandise by prospective purchasers predominantly occurs outside of an area enclosed by walls. Open sales lot does not include the following uses: uses allowed and/or regulated in Section 6-4-8-3, "Permitted Temporary Use Regulations," of this Title; automobile motor vehicle and recreational vehicle sales and/or rental; sales of plants for landscaping or gardening; the "farmers' market" as defined and regulated by Title 3, "Business Regulations," Chapter 25, "Farmers' Market" of this Code. (Ord. 114-0-02) The proposed amendment will ensure that motor vehicle and truck rental uses are accounted for within the Zoning Code and allowed in the same manner as motor vehicle and recreational vehicle sales uses. The establishments that offer vehicles for sale or rental have very similar characteristics with similar layout, hours of operation, traffic generation and impact on surrounding uses. Legislative History November 11, 2015 – The Plan Commission unanimously recommended approval of the proposed text amendment with a 7-0 vote. Attachments Proposed Ordinance 154-O-15 Zoning Map highlighting C2 and I2 districts Plan Commission Meeting Minutes 11/11/2015 - Draft Link to Plan Commission Packet for 11/11/2015 339 of 359 11/9/2015 11/10/2015 1/14/2015 154-O-15 AN ORDINANCE Amending Portions of the City Code to Include Motor Vehicle and Recreational Vehicle Rental as a Permitted Use in the I2 General Industrial Zoning Districts WHEREAS, on November 11, 2015, the Plan Commission held a public hearing, pursuant to proper notice, regarding case no. 15PLND-0097 to consider an amendment to the text of Title 6 of the Evanston City Code of 2012, as amended (the “Zoning Ordinance”), to include the addition of rentals to the Automobile and Recreational Vehicle Sales use in the C2 Commercial and the I2 General Industrial Zoning Districts; and WHEREAS, the Plan Commission received testimony and made written findings pursuant to Section 6-3-4-5 of the Zoning Ordinance that the proposed amendment meets the standards for text amendments, and recommended City Council approval thereof; and WHEREAS, at its meetings of January 11, 2016 and January 25, 2016, the Planning and Development Committee of the City Council considered and adopted the findings and recommendation of the Plan Commission in case no. 15PLND-0097 and recommended City Council approval with an amendment to remove “Motor vehicle and recreational vehicle sales and/or rental” as a permitted use in the C2 District ; and 340 of 359 154-O-15 ~2~ WHEREAS, at its meetings of January 11, 2016 and January 25, 2016, the City Council considered and adopted the records and recommendations of the Plan Commission and the Planning and Development Committee, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: Subsection 6-10-4-1 of the Zoning Ordinance , “Purpose Statement” for the C2 Commercial Zoning District, is hereby amended to read as follows: 6-10-4-1. – PURPOSE STATEMENT. The C2 commercial district is intended to provide suitable locations for general business and commercial activities including automobile and recreational vehicle sales, rental, and services, and other similar establishments that, due to their inherent nature, may create substantial negative impacts when located close to residential areas. SECTION 3: Subsection 6-10-4-2 of the Zoning Ordinance, “Permitted Uses” for the C2 Commercial Zoning District, is hereby amended to read as follows: 6-10-4-2. – PERMITTED USES. The following uses are permitted in the C2 district: Automobile and recreational vehicle sales. Automobile repair service establishment. Automobile service station. Business or vocational school. Caterer. Commercial indoor recreation. Commercial outdoor recreation. Commercial shopping center. Cultural facility. Educational institution —Private. 341 of 359 154-O-15 ~3~ Educational institution —Public. Financial institution. Food store establishment. Funeral services excluding on-site cremation. Government institution. Neighborhood garden. Office. Public utility. Recording studio. Religious institution. Restaurant—Type 1. Retail goods establishment. Retail services establishment. Trade contractor (when having no outside storage). Wholesale goods establishment. SECTION 4: Subsection 6-14-3-2 of the Zoning Ordinance, “Permitted Uses” for the I2 General Industrial Zoning District, is hereby amended to read as follows: 6-14-3-2. – PERMITTED USES. The following uses are permitted in the I2 district: Automobile and recreational vehicle sales. Automobile body repair establishment. Automobile repair service establishment. Automobile service station. Commercial parking garage. Commercial parking lot. Craft-brewery. Funeral services excluding on site creation. Government institution. Industrial service establishment. Light manufacturing. Motor vehicle and recreational vehicle sales and/or rental. Neighborhood garden. Office. Public transportation center. Public utility. Trade contractor. Warehouse establishment. Wholesale goods establishment. 342 of 359 154-O-15 ~4~ SECTION 5: The definition of “LOT, OPEN SALES,” in Subsection 6-18- 3 of the City Code, is hereby further amended to read as follows: LOT, OPEN SALES: Any zoning lot or portion of a zoning lot used for retail sales in which said sales or the inspection of merchandise by prospective purchasers predominantly occurs outside of an area enclosed by walls. Open sales lot does not include the following uses: uses allowed and/or regulated in Section 6-4- 8-3, "Permitted Temporary Use Regulations," of this Title; automobilemotor vehicle and recreational vehicle sales and/or rental; sales of plants for landscaping or gardening; the "farmers' market" as defined and regulated by Title 3, "Business Regulations," Chapter 25, "Farmers' Market" of this Code. 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 held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 8: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 9: 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. 343 of 359 154-O-15 ~5~ Introduced:_________________, 2015 Adopted:___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 344 of 359 Hartrey AvePitner AveMilburn StP r a i r i e A v e G r e e n B a y R d LemarAveIsabella St Grove St Pr a i r i e A v e Maple AveMulford St BensonAveBrummel StHurd AveJudson AveMcCormick BlvdAsbury AveOakAveEwingAveM ad i s o n StMonroe St Simpson St Park Pl H o w a r d StWesleyAveCrain StLincolnwoodDr SewardSt Cleveland St Wa sh i n g to n St South BlvdDeweyAve DobsonStAshlandAveAshland AveMcDanielAveWesley AveJenks St Prospect AveHarrison St BryantAveDewey AveSimpsonSt InglesidePl Hinman AvePitnerAveGreyAveGrey AveGreyAvePark Pl CrainSt Hartzell St Dobson StGrey AveMcDanielAveBrummel St LeeStEwing AveReese AveKirk St WesleyAveDarrow AveReba Pl Clinton PlCentral St ThayerSt Cowper AveHastingsAveBrown AveMarcy AveBrownAveHovlandCtRidgeCtOakAveMulfordSt Hinman AveHartrey AveRidge AvePitnerAveMaple AveElmwood AveSherman AveFowler AveSherman AveHartrey AveSheridanRdDodge AveCrawford AveChicagoAveChicagoAveOrrington AveJudsonAveElmAveForest AveCuster AveCentralParkAveAsbury AveMcDanielAveAsbury AveDewey AveBarton AveForestAveBrownAveMichiganAveAshland AveCampusDrLelandAveDarrowAve0 1,500 3,000750Feet ¯C2 and I2 Zoning Districts C2, Commercial District I2, General Industrial District 345 of 359 DRAFT Page 1 of 5 Plan Commission Minutes 11/11/2015 MEETING MINUTES PLAN COMMISSION Wednesday, November 11, 2015 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Room 2404 Members Present: Jim Ford (Chair), Colby Lewis, Peter Isaac, Terri Dubin, Andrew Pigozzi, Patrick Brown Members Absent: Simon Belisle, Kwesi Steele Associate Members Present: Associate Members Absent: Seth Freeman, David Galloway, Scott Peters, Lenny Asaro, Staff Present: Damir Latinovic, Planning and Zoning Administrator Meagan Jones, Neighborhood and Land Use Planner Presiding Member: Jim Ford, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM Chairman Ford called the meeting to order at 7:00 P.M. 2. APPROVAL OF MEETING MINUTES: September 9, 2015 Commissioner Lewis made a motion to approve the minutes from September 9, 2015. Commissioner Dubin 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 items, 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. B. ZONING ORDINANCE TEXT AMENDMENT 15PLND-0097 Addition of Rentals to the Automobile and Recreational Vehicle Sales Use A Zoning Ordinance Text Amendment to City Code Title 6, Zoning, to add vehicle rental to the Automobile and Recreational Vehicle Sales Use 346 of 359 DRAFT Page 2 of 5 Plan Commission Minutes 11/11/2015 Ms. Jones presented the staff report. She explained that the proposed amendment is an attempt to codify a use, automobile rental, which operates in various locations throughout the City but is not addressed directly in the zoning code. She also stated that staff proposed to add the use to Automobile and Recreational Vehicle Sales uses due to the uses having similar operations. She continued, stating that there was some discussion of using “and/or” since the uses may or may not operate in the same location but staff decided to leave the final decision to include that wording to the Commission. Commissioner Lewis inquired about the assumptions regarding rental and car dealership locations and stated that car rental facilities and car dealerships may have varying amounts of traffic. Ms. Jones replied, stating that in practice that may be the case due to the increased frequency of car use in rental facilities. Commissioner Lewis asked where the C2 Commercial and I2 Industrial districts are located in Evanston and if the proposed text amendment would affect the use of the current locations. Ms. Jones replied that the C2 districts are located throughout the City largely among major arterial roads. She then directed attention to the list of current rental facilities, pointing out that they are in varying districts and stated that the existing locations were considered to be retail service establishments, which are allowed in a larger number of zoning districts. The proposed text amendment, though more directly addressing the use, would cause some current facilities to become legally nonconforming. Chairman Ford clarified that should an entity wish to open outside of the C2 or I2 district they would have to apply for a variance. Ms. Jones stated that would indeed be allowed in districts where automobile and recreational vehicle sales are a special use, however, there are no other districts where this is the case. Commissioner Lewis confirmed that the proposed text amendment is not looking to change the use per say but is simply adding wording to address vehicle rentals. He then asked why specifically the C2 and I2 zoning districts were being specified in the amendment. Ms. Jones replied that staff is adding vehicle rental use to sections of the code where automobile and recreational vehicle sales use is currently addressed. The C2 and I2 districts are the two districts that permit automobile and recreational vehicle sales. Commissioner Goddard voiced concern that recently approved developments which have significantly reduced parking could benefit from a rental facility. The proposed text amendment appears to make providing vehicle options more restrictive. Commissioner Lewis agreed, then inquired how car-sharing figures into rental regulations. Ms. Jones answered that in many cases, the Zipcars are located in parking lots which are regulated differently from car rental and sales facilities. Additionally, in recent instances, approved planned developments have had car sharing spaces set aside which are reviewed throughout the planned development approval process. Mr. Latinovic added that car-share spaces have evolved over time. Several of the major car rental businesses that provide car-sharing services will occasionally reach 347 of 359 DRAFT Page 3 of 5 Plan Commission Minutes 11/11/2015 out to property owners and come to an agreement regarding placing their vehicles on a property’s parking lot. Those agreements include private negotiations that the city does not get involved unless there is a need to ensure the number of required parking spaces is maintained. Planned Developments typically include car sharing spaces which are open to not just residents but the public as well. This proposal addresses the typical car or truck rental business such as a Hertz or Enterprise and seeks to make sure there are clear and consistent regulations for those uses. Commissioners Dubin and Goddard inquired how the proposed text amendment would affect the ability of the existing Enterprise facility in the City owned Maple Avenue parking garage to remain open. Mr. Latinovic explained that the Maple Avenue location is unique since it is located within the City’s parking garage and the Research Park zoning district, requiring different oversight. For other facilities where there is just a small office space being used as the primary point of sales or rental while cars are parked off-site elsewhere, the business would be regulated as a leasing office. The proposed text amendment is addressing those facilities with on- site parking lots around them. Commissioner Dubin asked for clarification on the differences between car rental and car leasing. Mr. Latinovic explained that they are considered the same . The Enterprise location in question is occupying a retail space on ground floor and its rental vehicles are on-site but within the parking deck. Chairman Ford asked if the concern is for where cars are stored versus the property use itself. Latinovic clarified that the proposed amendment is intended to cover a loophole where truck or vehicle rental facilities are not specifically addressed. Commissioner Isaac asked if the City regulated where Zipcar keeps their cars. Mr. Latinovic replied that staff does not actively regulate Zipcar locations; however, if a property owner approaches the City with intent to lease spaces for car-sharing, the City would then get involved. Mr. Latinovic continued, stating that it is generally good practice to allow car-sharing due to research that shows that approximately 15 cars are being taken off road for every car sharing vehicle. Commissioner Lewis inquired how the City regulates a property that leases its parking spaces. Mr. Latinovic stated that staff is unable to regulate unless the leasing activity is brought to staff’s attention. At that point staff can look more closely at the property and follow-up code enforcement would be site specific. Commissioner Isaac asked if the zoning code requires car sharing spaces on a property to be used solely for that property’s residents. He indicated that if this is not the case an owner could rent spaces to only the public instead of the property’s residents. Mr. Latinovic stated that the code does have requirements that a property provide on-site parking for residents or the other commercial uses on the property. If staff learns that a property is not complying with those standards, the property is in violation of the code and regulations would be enforced. Chairman Ford inquired about the Regional Transit Authority (RTA) grant the City was awarded to study parking requirements. A short discussion followed and Chairman Ford requested that staff look not only at parking but also the use of cars 348 of 359 DRAFT Page 4 of 5 Plan Commission Minutes 11/11/2015 within Transit Oriented Development areas in order to provide a data on the use of car sharing. Latinovic replied that the City is indeed working with RTA to address parking requirements specifically in TOD areas and that staff hopes to have a plan in near future which will provide data on actual vehicle use and parking. Commissioner Lewis inquired if there will be attention towards temporary use of parking spaces. Mr. Latinovic stated that the code currently does allows for multiple uses to share a parking area. Chairman Ford asked if the Commission had any proposed modifications to the amendment. Commissioner Isaac expressed that neither automobiles nor recreational vehicles are defined which brings up a question of what could be considered a vehicle. Ms. Jones agreed, saying that while automobile is not defined, motor vehicle is. Commissioner Lewis clarified that it appears that the text amendment is using specific terms as opposed to general wording that covers more vehicles. A brief discussion followed as to whether or not to exchange “automobile and recreational vehicle” for “motor vehicle” as well as whether or not to use “and/or” in place of “and” with regards to the rental use. Chairman Ford asked if there were any comments from the Public on this matter. Jessica Feldman, resident, asked if campers and RV’s would fall into motor vehicle use. After a brief discussion it was agreed that these vehicles did not fall into that definition due to their ability to be disconnected from self-propelled wheeled vehicles. It was then suggested that the proposed amendment be revised so that only “automobile” be replaced with “motor vehicle”. Chairman Ford summarized that the proposed changes are to replace “automobile” with “motor vehicle” in addition to replacing “and” with “and/or”. Commissioner Lewis made a motion to recommend approval of the text amendment as amended. Commissioner Goddard seconded the motion. A roll call vote was taken and the motion was approved 7-0. Ayes: Commissioners Pigozzi, Lewis, Dubin, Goddard, Isaac, Brown and Chairman Ford Nays: None 6. ADJOURNMENT There being no further discussion, 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 7-0. 349 of 359 DRAFT Page 5 of 5 Plan Commission Minutes 11/11/2015 The meeting was adjourned at 8:18 pm. Respectfully Submitted, Meagan Jones Neighborhood and Land Use Planner Community Development Department 350 of 359 For City Council Meeting of January 25, 2016 Item O1 Resolution 8-R-16, Amending City Council Rules 9.2, 9.5 and 16.4 and deleting Rule 24 For Action To: Honorable Mayor and Members of the City Council From: W. Grant Farrar, Corporation Counsel Mario Treto, Jr., Assistant City Attorney Subject: Resolution 8-R-16, Proposed Revisions to City Council Rule 9.2 and 9.5 and 16.4, and deleting Council Rule 24., Date: January 25, 2016 Recommended Action: Rules Committee and staff recommend City Council adoption of Resolution 8-R-16 revising Council Rules 9.2, 9.5, and 16.4, and deleting Council Rule 24. Legislative History: Following direction received at the January 4, 2016 Rules Committee meeting, staff drafted the below revisions to Sections 9.2 and Section 9.5 of the Council Rules. Section 16.4 is revised and Section 24 is deleted due to the Township dissolution. 9.2 Standing Committees. There shall be four standing committees of the City Council: (1) Rules Committee; (2) Administration and Public Works; (3) Human Services; and (4) Planning and Development. The Planning and Development Committee and Administration and Public Works Committee shall meet before the regular Council meetings. The Rules Committee shall meet and convene as needed, concurrent with regularly scheduled City Council meetings. The Human Services Committee and the Rules Committee shall meet in accordance with a published schedule, but in no event less than once per month, contingent upon enough matters being scheduled on the agenda. Standing Committees may establish subcommittees as needed to assist them in more efficiently conducting their business. 9.5 Human Services Committee (six (6) Aldermen). The duties of this committee shall include matters relating to the Department of Health and Human Services (including public health, mental health, youth, aging, emergency assistance and community purchased human services); liaison with human service‐related boards and commissions, private and public organizations funding or providing human services within the City, and matters relating to the arts, recreation, library, environment, unemployment, unified Memorandum 351 of 359 2 budgeting, the Farmers’ Market, and Police services; and Americans with Disabilities Act (“ADA”) Grievance Appeals relating to Title II of the ADA (Accessibility). The Human Services Committee may convene at 6:00 p.m. on the first Monday of each month upon the call of the Chair. In the event that there is no Rules Committee preceding a Human Services Committee meeting on the same day, then the Human Services Committee shall convene at 6:00 p.m. In the event the Rules Committee preceding a Human Services Committee expeditiously adjourns, then the Human Services committee shall either convene at 6:30 p.m., or 10 minutes after the Rules Committee adjourns. 16.4 The City Council shall convene three times monthly, except for the months of August and December when the Council shall convene but once. The Council shall convene on the 2nd and 4th Monday of the month, except for April when the first meeting shall be a joint Annual Township and City meeting (second Tuesday of the month). The Council shall meet immediately following the adjournment of the Planning and Development Committee meeting, such Committee meeting which shall precede the regular scheduled Council meeting. The Council shall convene on the 3rd Monday of the month to present awards, receive presentations and consider items of citywide concern. 24. TOWNSHIP The Aldermen and Mayor of the Evanston City Council are the Trustees of the Town of the City of Evanston, and all matters relating to Township affairs may be considered and acted upon by the City Council acting as the Town Board of Trustees. Prior to consideration of any Township matter, the Mayor shall announce that the item of business is before the Town Board of Trustees. Attachments: 8-R-16 352 of 359 1/12/16 8-R-16 A RESOLUTION Amending City Council Rules 9.2, 9.5, and 16.4, and Deleting City Council Rule 24 WHEREAS, The City Council amends the City Council Rules and Organization of the City Council of the City of Evanston from time to time; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1. That the following Subsections of the City Council Rules are hereby amended to read as follows: 9.2 Standing Committees. There shall be four standing committees of the City Council: (1) Rules Committee; (2) Administration and Public Works; (3) Human Services; and (4) Planning and Development. The Planning and Development Committee and Administration and Public Works Committee shall meet before the regular Council meetings. The Rules Committee shall meet and convene as needed, concurrent with regularly scheduled City Council meetings. The Human Services Committee and the Rules Committee shall meet in accordance with a published schedule, but in no event less than once per month, contingent upon enough matters being scheduled on the agenda. Standing Committees may establish subcommittees as needed to assist them in more efficiently conducting their business. 9.5 Human Services Committee (six (6) Aldermen). The duties of this committee shall include matters relating to the Department of Health and Human Services (including public health, mental health, youth, aging, emergency assistance and community purchased human services); liaison with human service‐related boards and commissions, private and public organizations funding or providing human services within the City, and matters relating to the arts, recreation, library, environment, unemployment, unified budgeting, the Farmers’ Market, and Police services; and Americans with Disabilities Act (“ADA”) Grievance Appeals relating to Title II of the ADA (Accessibility). The Human Services Committee may convene at 6:00 p.m. on the first Monday of each month upon the call of the Chair. In the event that there is no Rules Committee preceding a Human Services Committee meeting on the same day, then the Human Services Committee shall convene at 6:00 p.m. In the event the Rules Committee preceding a Human Services Committee expeditiously adjourns, then the Human Services committee shall either convene at 6:30 p.m., or 10 minutes after the Rules Committee adjourns. 353 of 359 8-R-16 ~2~ 16.4 The City Council shall convene three times monthly, except for the months of August and December when the Council shall convene but once. The Council shall convene on the 2nd and 4th Monday of the month, except for April when the first meeting shall be a joint Annual Township and City meeting (second Tuesday of the month). The Council shall meet immediately following the adjournment of the Planning and Development Committee meeting, such Committee meeting which shall precede the regular scheduled Council meeting. The Council shall convene on the 3rd Monday of the month to present awards, receive presentations and consider items of citywide concern. 24. TOWNSHIP The Aldermen and Mayor of the Evanston City Council are the Trustees of the Town of the City of Evanston, and all matters relating to Township affairs may be considered and acted upon by the City Council acting as the Town Board of Trustees. Prior to consideration of any Township matter, the Mayor shall announce that the item of business is before the Town Board of Trustees. 2425. VOTES 2425.1 Votes may be taken on motions, resolutions, and appointments, except where a roll call vote is specifically called for by statute, rule of the Council, or by a request of any Alderman. 2425.2 Roll call votes are required on all ordinances, expenditures, calling a closed meeting, items requiring an extraordinary majority, or when requested by an Alderman. 2425.3 The order in which Aldermen shall be called for roll call votes shall be alternated. The order of voting for the year shall be published by the City Clerk at the beginning of the year. 2425.4 A Mayoral vote is required in the instances specified in Council Rule 14.4. 2425.5 An Alderman may abstain from voting in the instances as set forth in Council Rule 11.1. 2526. EXTRAORDINARY VOTES 2526.1 Three-quarters (3/4) of (elected) Aldermen then holding office (seven (7) votes). A. Vacation of streets and alleys. 65 ILCS 5/11-91-1. B . Passage of Map amendment when thirty percent (30%) of property owners within five hundred feet (500’) of the boundary of an area to be amended file written protest with the City Clerk. (City Code: 6-3-4-7). C. Passage of a unique use when thirty percent (30%) of property owners within a thousand-foot (1,000’) radius of the area boundary file with the City Clerk a written protest. (City Code: 6-3-7-6). 354 of 359 8-R-16 ~3~ 2526.2. Three-quarters (3/4) of Aldermen Present. 2526.3. Two-thirds (2/3’s) of (elected) Aldermen then holding office (six (6) votes). A. Sale or lease of real property. (City Code 1-17-4-1; 1-17-4-2; and 1-17-5). B. Purchase of goods and services over $20,000 (twenty thousand dollars) without public bids, except for federally funded programs, which may have requirements that supersede the City’s. (City Code 1-17-1). C. Passage of an ordinance over veto of the Mayor. (City Code 1-6-4 (B)). D. Overrule Liquor Commissioner in rejection of application. (City Code 3-4- 2(C)5). E. Passage of modification of a site development allowance in excess of that established in zoning district, upon Plan Commission recommendation and City Council written finding. (City Code 6-3-6-6). 2526.4 Two-thirds (2/3’s) of Aldermen present (number will vary). A. Temporary suspension of any rule (except Rule 20.1). (Council Rule 3.2). B. A roll call vote on a motion to call the question. (Council Rule 18.9). C. A motion to overrule the request of two Aldermen to hold a matter over until the next regular meeting. (Council Rule 18.12). D. A motion to reconsider made at the same meeting at which original vote was taken. (Council Rule 22.1). E. Expulsion of an Alderman for the remainder of a Council meeting. (Council Rule 10.3). 2526.5. Two-thirds (2/3’s) of Corporate Authorities. (seven (7) votes) A. To appoint a City Manager. (Council Rule 7.1). B. To remove a City Manager. (Council Rule 7.2). C. To amend the budget. (City Code 1-11-5(F)). The Mayor cannot vote on extraordinary votes except to break a tie and to appoint a City Manager. (See Council Rule 14.4. Note: Although the Mayor’s vote is required to break a tie vote, the item will fail unless the extraordinary vote numbers are met.) 2526.6. Unanimous Vote. To suspend the rules for the purpose of adopting an ordinance at the same meeting at which it is introduced. (Council Rule 20.1). 2627. COMPENSATION COMMITTEE The Mayor shall appoint a non-aldermanic compensation committee no later than January 1, 2016 to ensure that the process for recommending and setting the compensation for elected City officials complies with Title 1, Chapter 5 of the City Code, and the Illinois Municipal Code, 65 ILCS 5/3.1-50-10. 355 of 359 8-R-16 ~4~ Pursuant to Title 1 of the City Code, the non-aldermanic compensation committee must convene and submit a report and recommendation to the Council no later than 240 days prior to the next regularly scheduled municipal election. The Council then approves and sets all compensation via ordinance following submission of the compensation committee’s report. Any member of the Council may attend and provide information to the committee during the committee’s meetings to assist the committee in its work. The committee shall recognize and allow any Council member to speak and submit information to the committee. 2728. WARD COMMUNICATION POLICY 2728.1 Electronic Communications. Upon request by an Alderman, city staff will support a ward e-newlsetter. Ward e-newlsetters will be limited to one a month. City staff will coordinate use of the Mailchimp.com service in conjunction with e-newsletter preparation and issuance. Aldermen must provide all written content, hyperlinks, and graphics in a word document so that staff can format into the newsletter template. All content should be submitted to staff one week prior to the intended issuance date. Alderman may also use the electronic newsletter system on their own to send communications in addition to the staff assisted e-newsletter. 2728.2 Postcard Announcements. Staff will develop and mail 2 postcards per year per Alderman for ward and/or community meetings. 2728.3 Ward Meetings. Staff can assist Alderman in preparations for ward meetings upon request. Requests for assistance should be made 21 days in advance to ensure staff availability and presence. Staff will add ward meetings to the City calendar as soon as dates are determined. Staff can assist in securing space for ward meetings. SECTION 2: That this Resolution 8-R-16 shall be in full force and effect from and after its passage and approval in the manner provided by law. ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Adopted: ________________, 2016 356 of 359 For City Council Meeting of January 25, 2016 Item O2 Resolution 9-R-16 Dissolving the City-Chamber Liaison Committee For Action To: Honorable Mayor and Members of the City Council From: W. Grant Farrar, Corporation Counsel Subject: Resolution 9-R-16.Dissolving the City-Chamber Liaison Committee and Repealing Resolution 25-R-93 Date: January 25, 2016 Recommended Action: Rules Committee and staff recommend City Council adoption of Resolution 9-R-16. Legislative History: On May 11, 1993 the City Council approved Resolution 25-R-93 establishing the City- Chamber Liaison Committee. On January 4, 2016, the Rules Committee recommended the City-Chamber Liaison Committee be dissolved. Resolution 25-R-93 must be repealed in its entirety to dissolve the City-Chamber Liaison Committee. Resolution 9- R-16 repeals Resolution 25-R-93. Attachments: 9-R-16 Memorandum 357 of 359 1/12/16 9-R-16 A RESOLUTION Dissolving the City-Chamber Liaison Committee and Repealing Resolution 25-R-93 WHEREAS, on May 11, 1993, the City Council approved Resolution 25-R- 93, establishing the City-Chamber Liaison Committee (“Committee”) to provide a forum for the exchange of ideas and concerns between representatives of the City and the business community; and WHEREAS, the Committee successfully fulfilled its purpose and duties to the City Council and to the citizens of the City of Evanston as contemplated by Resolution 25-R-93; and WHEREAS, the City Council finds that the Committee completed its job and recommends that the Committee be dissolved; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1. Resolution 25-R-93 is hereby repealed in its entirety. SECTION 2. The City-Chamber Liaison Committee is hereby dissolved and disbanded. SECTION 3: That this Resolution 9-R-16 shall be in full force and effect from and after its passage and approval in the manner provided by law. 358 of 359 9-R-16 ~2~ ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Adopted: ________________, 2016 359 of 359