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02.22.16 Packet
CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, February 22. 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 Wilson (II)Mayor Public Announcements and Proclamations Installation of Eleanor Revelle, 7th Ward Alderman (III)City Manager Public Announcements Mayor’s Summer Youth Job Fair, March 12, 2016 Introduction of Kimberly Richardson, Assistant to the City Manager (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 413 City Council Agenda February 22, 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 February 8, 2016 For Action ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through February 7, 2016 $2,686,980.25 (A2) FY2016 City of Evanston Bills – February 23, 2016 $ 983,514.66 For Action (A3.1) Approval of 2016 Expenditure to Total Parking Solutions for Pay Station Maintenance Fees Staff recommends the City Council authorize expenditure of $35,280 to Total Parking Solutions, Inc., (2721 Curtiss Street, Downers Grove, IL) for the annual maintenance fees associated with 21 parking meter terminals (pay stations). Funding is provided by the Parking Fund Account 505.19.7015.62245. For Action (A3.2) Approval of Northeastern Illinois Public Safety Training Academy (NIPSTA) 2016 Membership Dues Payment Staff recommends City Council authorize payment of the 2016 Fire and Public Works membership fees to NIPSTA in the amount of $23,545. Funding is provided by the Fire Department Account 100.23.2305.62360 for both the Fire and Public Works Departments. For Action (A3.3) Approval of Contract with Clark Dietz, Inc. for the Fleetwood-Jourdain Center HVAC and Electrical Improvements (RFP 16-01) Staff recommends City Council authorize the City Manager to execute a contract for engineering services related to the Fleetwood-Jourdain Center HVAC and Electrical Improvements Project with Clark Dietz, Inc. (118 S. Clinton Street, Suite 700, Chicago, IL), in the amount of $74,997. Funding is provided by the Capital Improvement Program (CIP) General Obligation Bonds (Account 416.40.4116.62145 – 616007). For Action 2 of 413 City Council Agenda February 22, 2016 Page 3 of 7 (A3.4) Approval of Contract Extension with J. A. Johnson Paving for Pavement Patching Staff recommends City Council authorize a contract extension through the Municipal Partnering Initiative (MPI) for Pavement Patching services with J. A. Johnson Paving (1025 E. Addison Ct, Arlington Heights, IL) in the amount of $600,000. J. A. Johnson Paving will hold their price from 2015 at $22.25 per square yard for the 2016 season. Funding is provided by the Capital Improvement Fund (416523.65515). For Action (A3.5) Approval of Contract with Jasco Electric Corporation for the Foster Field Athletic Lighting Renovations (Bid 15-67) Staff recommends City Council authorize the City Manager to execute a contract for construction of the Foster Field Athletic Lighting Renovations Project with Jasco Electric Corporation (2750 Barney Court, McHenry, IL), in the amount of $267,765. Funding is provided by Community Development Block Grants (Account 215.21.5275.62800) and the Capital Improvement Program (CIP) General Obligation Bonds (Account 416.40.4116.65502 – 516003). For Action (A3.6) Approval of Contract with Christopher B. Burke Engineering, Ltd for Fountain Square Renovations (RFP 15-68) Staff recommends City Council authorize the City Manager to execute an engineering services contract for the Fountain Square Renovation Project with Christopher B. Burke Engineering, Ltd (9575 W. Higgins Road, Suite 600, Rosemont, IL), in the amount of $183,321.50.. Funding will be provided from the Washington National TIF and expenses will be tracked in the Capital Improvements Fund, Account 415.40.4126.62145 – 589105). For Action (A4.1) Approval of Change Order No. 2 for Police/Fire Headquarters Data Center– Emergency Construction Services Staff recommends City Council authorize the City Manager to execute Change Order No. 2 to the agreement with Nesko Design/Build Electric (3111 S. 26th Avenue, Broadview, IL) for the Police/Fire Headquarters Data Center Emergency Construction Services project. This change order extends the project’s completion date by 46 days from February 8, 2016, to March 25, 2016. There is no change to the contract cost for this change order. For Action 3 of 413 City Council Agenda February 22, 2016 Page 4 of 7 (A4.2) Approval of Change Order No. 2 for Repair & Repainting of North and South Standpipes (Bid 15-03) Staff recommends that City Council authorize the City Manager to execute Change Order No. 2 for the Repair & Repainting of North and South Standpipes with American Suncraft Company, Inc. (10836 Schiller Road, Medway, OH). This change order will increase the contract amount by $231,602.69, from $3,271,043 to $3,502,645.69. It will also extend the contract duration by 162 days from December 21, 2015 to May 31, 2016. Funding is provided by the Water Fund (Account 513.71.7330.65515 – 733092). For Action (A4.3) Approval of Change Order No. 2 for the North and South Standpipe Rehabilitation Engineering Support Services (RFP 13-61) Staff recommends that City Council authorize the City Manager to execute Change Order No. 2 to an agreement for North and South Standpipe Rehabilitation Engineering Support Services with Tank Industry Consultants (7740 West New York Street, Indianapolis, IN) in the not-to-exceed amount of $14,473.97, increasing the contract amount from $181,464.45 to $195,938.42. It will also extend the contract duration by 152 days from December 31, 2015 to May 31, 2016 Funding is provided by the Water Fund (Account 513.71.7330.65515 – 733092). For Action (A5) Resolution 5-R-16: Intergovernmental Agreement with the City of Chicago for the Operation of Divvy Bike Stations in Evanston Staff recommends City Council adoption of Resolution 5-R-16 authorizing the City Manager to negotiate and execute an Intergovernmental Agreement with the City of Chicago for operation of the Divvy Bike Share program. For Action (A6) Resolution 14-R-16 : Operator Agreement with Motivate International, Inc., for the operation of the Divvy Bike program in the City of Evanston Staff recommends adoption of Resolution 14-R-16 authorizing the City Manager to execute an Operator Agreement with Motivate International Inc. to implement the Divvy Bike Share program in Evanston. For Action (A7) 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 fee on waste transferred through the waste transfer station (the “WTS”) located at 1711 Church Street. In December 2011, Veolia/Advanced sued the City in Cook County Circuit Court. Since 2011 the City has collected $1,263,247.90 in Transfer Station Fees. Under the recommended settlement, the City keeps all WTS fees paid ($1,263,247.90) since 2011. The Cook County case will be dismissed. This resolution was held in committee on January 25, 2016 and February 8, 2016. For Action 4 of 413 City Council Agenda February 22, 2016 Page 5 of 7 (A8) 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 still permit the City to collect a $0.75 per ton host fee from Advanced for waste transferred through the WTS. This resolution was held in committee on January 25, 2016 and February 8, 2016. Following citizen review and City Council consideration, there are non- binding proposals to increase the host fee effective January 1, 2018. These proposals are before the City Council for consideration. For Action (A9) Ordinance 8-O-16, Repeal of Prior Waste Transfer Station Fee Ordinances and Enacting Host Community Agreement and 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. If approved, as a condition of the settlement of all claims and litigation, the City must repeal ordinances 82-O- 10 and 68-O-11. This ordinance was held in committee on January 25, 2016 and February 8, 2016.. For Introduction (A10) Ordinance 3-O-16, Neighborhood Integrity Ordinance Staff recommends City Council adoption of Ordinance 3-O-16. The “Neighborhood Integrity Ordinance,” (“NIO”) replaces current nuisance premises regulations. For Introduction (A11) Ordinance 9-O-16, Rental Licensing Ordinance Amendments. Staff recommends City Council adoption of Ordinance 9-O-16 Staff recommends these revisions to complement the “Neighborhood Integrity Ordinance.” For Introduction (A12) Ordinance 12-O-16, Authorizing the City to Borrow Funds from the Illinois Environmental Protection Agency Public Water Supply Loan Program Staff recommends adoption of Ordinance 12-O-16 authorizing the City to borrow funds from the Illinois Environmental Protection Agency (IEPA) Public Water Supply Loan Program for the construction of the Water Treatment Plant Reliability Improvements. This ordinance authorizes the City to borrow up to $2,245,000. Total funding of $2,500.000 is budgeted in the FY2016 CIP. The debt service will be paid from the Water Fund. This ordinance was introduced at the February 8, 2016 City Council meeting. For Action 5 of 413 City Council Agenda February 22, 2016 Page 6 of 7 PLANNING & DEVELOPMENT COMMITTEE (P1) Ordinance 15-O-16, Establishing Artist Studios as a Permitted Use on the Ground Floor in the D2, D3 and D4 Downtown Districts The Plan Commission and staff recommend approval of the Zoning Ordinance text amendment to allow Artist Studios as a permitted use on the ground floor, instead of only on floors above the ground floor, in the D2, D3 and D4 Downtown Districts to match current regulations in the D1 Downtown District. For Introduction (P2) Ordinance 22-O-16, Granting Major Zoning Relief for One Open Parking Space at 1610 Fowler Avenue The Zoning Board of Appeals and City staff recommend denial of Ordinance 22- O-16 granting major zoning relief for one open parking space in the rear yard with a 0.5’ south side yard setback where 3’ is required. The ZBA found the proposal does not meet the standards for variations. Specifically, the requested zoning relief does not keep with the intent of the Zoning Ordinance, and there is no practical difficulty that is peculiar to the property since the property features three enclosed parking spaces. For Introduction (P3) Ordinance 14-O-16, Establishment of Regulations for Domestic Animal Daycare Businesses and Dog Sitting Businesses as Permitted Home Occupations The Plan Commission and staff recommend amending the Zoning Ordinance to add Domestic Animal Daycare businesses and Dog Sitting businesses as permitted home occupations. For Introduction (P4) Ordinance 20-O-16, granting a Special Use for a Resale Establishment, Threads Boutique, at 1304 Chicago Avenue The Zoning Board of Appeals and City staff recommend adoption of Ordinance 20-O-16 granting special use approval for a Resale Establishment, Threads Boutique, at 1304 Chicago Avenue in the B2 Business District and oDM Dempster-Main Overlay District. The applicant has complied with all zoning requirements, and meets all of the standards for a special use for this district. Suspension of the Rules is requested for Introduction and Action by City Council on February 22, 2016. . For Introduction and Action 6 of 413 City Council Agenda February 22, 2016 Page 7 of 7 (P5) Ordinance 21-O-16 Granting Major Zoning Relief for a Generator and One Open Parking Space at 1140 Lakeshore Boulevard The Zoning Board of Appeals and City staff recommend approval of Ordinance 21-O-16 granting major zoning relief to locate a generator more than 2’ from the principal structure where generators must be located within 2’ of the principal structure, with a 0.5’ street side yard setback where a minimum 4’ is required when screened and major zoning relief to establish one open parking space in the rear yard with a 2’ rear yard setback where a minimum 3’ is required. 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 February 22, 2016. For Introduction and Action (P6) Ordinance 16-O-16, Planned Development, 831 Emerson St, 15PLND-0092 The Plan Commission and staff recommend adoption of Ordinance 16-O-16 for approval of the Planned Development with rezoning from C1 Commercial and R5-General Residential to C1a Commercial Mixed use and Special use for a convenience store. The 12-story 260-unit residential building (440 bedrooms) would include 3,300 square feet of ground floor commercial space and 145 parking spaces on site. Staff recommends additional requirements for this development, which include increasing the affordable housing fee-in-lieu contribution and other traffic and streetscape improvements. This ordinance was held in Committee on February 8, 2016. For Introduction MEETINGS SCHEDULED THROUGH MARCH 2016 Upcoming Aldermanic Committee Meetings Thurs, Mar 3 7 pm Housing & Homelessness Commission Mon, Mar 7 6 pm Human Services Committee Mon, Mar 14 6 pm A&PW, P&D, City Council meetings Tues, Mar 15 7 pm Housing & Community Dev Act Committee Wed, Mar 16 6:30 pm M/W/EBE Advisory Committee Mon, Mar 21 7 pm City Council meeting Wed, Mar 23 6 pm Transportation/Parking Committee Wed, Mar 23 7:30 pm Economic Development Committee Thurs, Mar 24 5:30 pm Emergency Telephone System Board Mon, Mar 28 6 pm A&PW, P&D, City Council meetings Information is available about Evanston City Council meetings at: www.cityofevanston.org/citycouncil. Questions can be directed to the City Manager’s Office at 847-866-2936. The City is committed to ensuring accessibility for all citizens. If an accommodation is needed to participate in this meeting, please contact the City Manager’s Office 48 hours in advance so that arrangements can be made for the accommodation if possible. 7 of 413 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, February 8. 2016 Roll Call Alderman Braithwaite Alderman Wynne Alderman Wilson Alderman Holmes Alderman Tendam Al derman Rainey Alderman Miller Alderman Fiske Presiding: Mayor Elizabeth B. Tisdahl Mayor Tisdahl called the Regular Meeting of the City Council to order at 8:00 pm, after the Roll Call determined a quorum was represented. Mayor Public Announcements and Proclamations • Presentation of Key to the City to Ray Knox (presented during the Planning and Development Committee earlier in the evening) • Announced the passing of Jean Esch, former Alderman of the 4th Ward. City Manager Public Announcements • Marty Lyons, Assistant City Manager, gave a brief intro and warm welcome to Lawrence Hemingway, Director of Parks, Recreation & Community Services – Mr. Hemingway shared his thanks and appreciation to the Council, Mayor and City Manager for the opportunity, and his brief thoughts for the future for Parks, Recreation & Community Services. • Carl Caneva, Assistant Director of Health & Human Services, explained what Women Out Walking (WOW) Program was all about and advised when open registration started. • Howard Street Theatre Update – Johanna Nyden-Leonard presented new designs and information for the Theatre. Communications: City Clerk: No communications. Public Comment 1. Michael Vasilko – Asked to speak to the Mayor in regards to the Howard Street RFP. 2. Dexter Bailey – Spoke about the National Towel Service and asking the City of Evanston to add a bike lane in that area. 8 of 413 City Council Agenda February 8, 2016 Page 2 of 7 3. Madelyn Ducre – Spoke about the Taser discussion, and how she believes the community should be included and brief in this decision. 4. Priscilla Giles – Gave her thoughts on the new sports facility on Oakton, and the missing circular drive at Fleetwood-Jourdain. CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting January 19, 2016 (M2) Approval of Minutes of the Regular City Council Meeting January 25, 2016 For Action-APPROVED ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through January 24, 2016 $3,100,467.46 (A2) FY2015 City of Evanston Bills – February 9, 2016 $1,814,935.53 FY2016 City of Evanston Bills – February 9, 2016 $2,139,640.75 $2,120,140.75 (UPDATED) Credit Card Activity for Period Ending December 31, 2015 $ 192,972.45 For Action - APPROVED (A3.1) Approval of FY2016 Fuel Purchases from Mansfield Oil Company Staff recommends approval of FY 2016 fuel purchases in the not to exceed amount of $780,000 from Mansfield Oil Company, formerly Palatine Oil Company Incorporated, (900 National Parkway, Suite 260, Schaumburg, IL). Mansfield Oil Company is the Northwest Municipal Conference Bid winner for all grades and types of fuels that are utilized by City vehicles. Present fuel prices are $1.63/gallon for 87 octane gasoline and $2.01/gallon for bio-diesel. Funding is provided by Major Maintenance, Materials to Maintain Autos Account (600.26.7710.65035). For Action - APPROVED (A3.2) Approval of Single Source Purchase of Ford Parts and Vehicle Service from Golf Mill Ford, Inc. Staff recommends City Council authorize the City Manager to execute an agreement for the single source purchase of parts and service with Golf Mill Ford Inc., (9401 N. Milwaukee Avenue, Niles, IL), in the amount of $75,500. Golf Mill Ford will provide Original Equipment Manufacturer (OEM) parts and service for fiscal year 2016 through March of 2017. Funding for this purchase will be from the Major Maintenance, Materials to Maintain Autos Account (600.26.7710.65060). For Action - APPROVED (A3.3) Approval of Renewal of the Annual Harley Davidson Lease Agreement with City Limits Harley Davidson for the Evanston Police Department (Bid 15-05) 9 of 413 City Council Agenda February 8, 2016 Page 3 of 7 Staff recommends that City Council authorize the City Manager to execute the second year lease renewal with City Limits Harley Davidson Inc. (2015 N. Rand Road in Palatine, IL) in the amount of $33,075 for the period of June 1, 2016 to May 31, 2017 for seven (7) leased Harley Davidson motorcycles for the Evanston Police Department. Funding is provided by The Vehicle Replacement Fund, Vehicle Leases Account (601.26.7780.62402). For Action - APPROVED (A3.4) Approval of Renewal of Contract with Havey Communications for Emergency Lighting & Sirens (Bid 13-15) Staff recommends City Council authorize the City Manager to execute a one (1) year contract renewal for the purchase of emergency lighting, sirens and after- market products and services in the amount of $97,185 with Havey Communications Inc. (28835 Herky Drive # 117, Lake Bluff, IL). This is the third (3rd) and final renewal. The funding increase of $28,212 is due to the removal and installation of docking stations and wiring for new laptops in 42 Police vehicles. Funding will be provided 50% from the Equipment Replacement Fund (26.601.7780.65550) in the amount of $48,592.50, and 50% from the Fleet Maintenance Fund (26.600.7710.65060) in the amount of $48,592.50. For Action - APPROVED (A3.5) Approval of Contract with CTL Group for the Church Street and Maple Avenue Garage Repair Project (RFP 16-07) Staff recommends City Council authorize the City Manager to execute a contract for engineering services for the Church Street and Maple Avenue Garage Repair Project with CTL Group (5400 Old Orchard Road, Skokie, IL), in the amount of $111,100. Funding is provided by the Parking Fund Capital Improvement Program (CIP) (Account 505.19.7005.65515 – 616014). For Action - APPROVED (A3.6) Approval of Contract with Roadsafe Traffic Systems, Inc. for Street Sweeping and Snow Signage (Bid 16-10) Staff recommends City Council authorize the City Manager execute a contract for the fabrication and installation of street sweeping and snow regulation signage with Roadsafe Traffic Systems, Inc. (12225 Disk Drive, Romeoville, IL) in the amount of $84,800. Funding for this phase of the project will be from the Parking Fund Account 505.19.7005.65515/547606, with a funding allocation of $295,000. For Action - APPROVED (A3.7) Approval of Solid Waste Agency of Northern Cook County (SWANCC) Disposal Fees for FY 2016 10 of 413 City Council Agenda February 8, 2016 Page 4 of 7 Staff recommends approval of the 2016 refuse disposal fees to SWANCC (Solid Waste Agency of Northern Cook County) in the not to exceed amount of $784,000 for operations and maintenance transfer fees. Funding will be provided by the Solid Waste Fund Accounts (520.40.4310.62405 and 520.40.4310.62415). For Action - APPROVED (A3.8) Approval of Estimated Annual User Charge for 2016 with the Metropolitan Water Reclamation District of Greater Chicago for Disposal of Sludge Generated as Part of the Water Treatment Process Staff recommends City Council approval of the Estimated Annual User Charge for 2016 with the Metropolitan Water Reclamation District of Greater Chicago (MWRDGC) for Disposal of Sludge generated as part of the water treatment process in the amount $122,621.59. Four quarterly payments of $30,655.40 will be made beginning in February 2016 and ending November 2016. Funding is provided by the Water Fund, Account 510.40.4220.62420. For Action - APPROVED (A3.9) Approval of Renewal of the Service Provider Agreement with Presence Behavioral Health Staff recommends that City Council authorize the City Manager to renew the Service Provider Agreement between Presence Behavioral Health (Presence Health) and the City of Evanston for the provision of 24-hour Crisis Line Access, Mental Health Crisis Intervention and various community outreach and education services at a cost of $73,333.33. The Agreement is dated January 1, 2016 to December 31, 2016. Funding is provided by the Health and Human Services Department Account 176.24.4651.62491. For Action - APPROVED (A4) Resolution 13-R-16, Authorizing the City Manager to Enter into New Tenant Lease Agreements for Studio Space at the Noyes Cultural Arts Center Staff recommends City Council adoption of Resolution 13-R-16 authorizing the City Manager to enter into two (2) new ten (10) month tenant lease agreements with Paul Brourman and Christy Klug for studio spaces at the Noyes Cultural Arts Center. For Action - APPROVED (A5) Ordinance 12-O-16, Authorizing the City to Borrow Funds from the Illinois Environmental Protection Agency Public Water Supply Loan Program Staff recommends adoption of Ordinance 12-O-16 authorizing the City to borrow funds from the Illinois Environmental Protection Agency (IEPA) Public Water Supply Loan Program for the construction of the Water Treatment Plant Reliability Improvements. This ordinance authorizes the City to borrow up to $2,245,000. Total funding of $2,500.000 is budgeted in the FY2016 CIP. The debt service will be paid from the Water Fund. For Introduction - APPROVED Staff recommends that the following three Agenda Items, A6, A7 and A8 regarding 11 of 413 City Council Agenda February 8, 2016 Page 5 of 7 Advance Disposal, be held until the February 22, 2016 meeting. (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. This resolution was held in committee on January 25, 2016. For Action - HELD (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. This resolution was held in committee on January 25, 2016. For Action - HELD (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. This ordinance was held in committee on January 25, 2016. For Introduction - HELD PLANNING & DEVELOPMENT COMMITTEE (P1) Ordinance 16-O-16, Planned Development, 831 Emerson St, 15PLND-0092 The Plan Commission and staff recommend adoption of Ordinance 16-O-16 for approval of the Planned Development with rezoning from C1 Commercial and R5-General Residential to C1a Commercial Mixed use and Special use for a convenience store. The 12-story 260-unit residential building (440 bedrooms) would include 3,300 square feet of ground floor commercial space and 145 parking spaces on site. Staff recommends additional requirements for this development, which include increasing the affordable housing fee-in-lieu contribution and other traffic and streetscape improvements. For Introduction – HELD, WILL BE ADDRESSED BY COMMITTEE CHAIR (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 12 of 413 City Council Agenda February 8, 2016 Page 6 of 7 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. This ordinance was introduced at the January 25, 2016 City Council meeting. For Action - APPROVED (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. Northwestern University has submitted revised landscaping plans which include additional tree plantings which will further obscure the view from Isabella Street. This ordinance was introduced at the January 25, 2016 City Council meeting. For Action – PASSED (VOTE 8-0). Mr. Charles Davison spoke briefly and Alderman Rainey shared her thoughts. Moved by Alderman Tendam, 2nd by Alderman Holmes & Alderman Rainey. (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 Recreation 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 add “Rental” to existing Automobile and Recreation Vehicle Sales Use and create a separate “Truck Sales and/or Rental” use and allow it only in I2 district as a Permitted Use. This ordinance was introduced at the City Council meeting on January 11, 2016. This Ordinance was held by Council on January 25, 2016. . For Action- APPROVED ECONOMIC DEVELOPMENT COMMITTEE 13 of 413 City Council Agenda February 8, 2016 Page 7 of 7 (O1) Approval of Storefront Modernization Program Application for Boltwood, 804 Davis Street The Economic Development Committee and staff recommend approval for financial assistance, through the Storefront Modernization Program, to Boltwood at 804 Davis Street in an amount not to exceed $3,885 for the installation of new signage on a 50/50 cost-sharing basis. Funding is provided by the Economic Development Fund’s Business District Improvement Account (225.15.5300.65522). For Action - APPROVED (O2) Approval of Applications for the Evanston Great Merchants Grant Program The Economic Development Committee and staff recommend approval of financial assistance, through the Great Merchants Grant Program, totaling $36,000 to four Evanston business district areas: $9,000 for Evanston West End Business Association; $9,000 for Central Street Business Association; $9,000 for Hill Arts District; and $9,000 for Howard Street Business Association. Funding is provided by the Economic Development Fund’s Business District Improvement Fund (Account: 225.21.5300.65522). For Action - APPROVED APPOINTMENTS (APP1) For Appointment to: Compensation Committee Suzanne Calder Compensation Committee Todd Kihm Compensation Committee Robin Simmons Compensation Committee Alvin Telser Firefighter’s Pension Board Aleks Granchalek M/W/EBE Development Committee Joshua Gutstein Utilities Commission Carl Bova For Action- APPROVED Call of the Wards: No Comments. A Motion to adjourn was made and seconded, and the Regular Meeting of the City Council ended at 8:31 PM with a Voice Vote. Submitted by, Akäsha S. Terrier Deputy City Clerk 14 of 413 Page 1; Rev. 2/18/2016 5:17:18 PM ADMINISTRATION & PUBLIC WORKS COMMITTEE Monday, February 22, 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 FEBRUARY 8, 2016 III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through February 7, 2016 $2,686,980.25 (A2) FY2016 City of Evanston Bills – February 23, 2016 $ 983,514.66 For Action (A3.1) Approval of 2016 Expenditure to Total Parking Solutions for Pay Station Maintenance Fees Staff recommends the City Council authorize expenditure of $35,280 to Total Parking Solutions, Inc., (2721 Curtiss Street, Downers Grove, IL) for the annual maintenance fees associated with 21 parking meter terminals (pay stations). Funding is provided by the Parking Fund Account 505.19.7015.62245. For Action (A3.2) Approval of Northeastern Illinois Public Safety Training Academy (NIPSTA) 2016 Membership Dues Payment Staff recommends City Council authorize payment of the 2016 Fire and Public Works membership fees to NIPSTA in the amount of $23,545. Funding is provided by the Fire Department Account 100.23.2305.62360 for both the Fire and Public Works Departments. For Action 15 of 413 Page 2; Rev. 2/18/2016 5:17:18 PM (A3.3) Approval of Contract with Clark Dietz, Inc. for the Fleetwood-Jourdain Center HVAC and Electrical Improvements (RFP 16-01) Staff recommends City Council authorize the City Manager to execute a contract for engineering services related to the Fleetwood-Jourdain Center HVAC and Electrical Improvements Project with Clark Dietz, Inc. (118 S. Clinton Street, Suite 700, Chicago, IL), in the amount of $74,997. Funding is provided by the Capital Improvement Program (CIP) General Obligation Bonds (Account 416.40.4116.62145 – 616007). For Action (A3.4) Approval of Contract Extension with J. A. Johnson Paving for Pavement Patching Staff recommends City Council authorize a contract extension through the Municipal Partnering Initiative (MPI) for Pavement Patching services with J. A. Johnson Paving (1025 E. Addison Ct, Arlington Heights, IL) in the amount of $600,000. J. A. Johnson Paving will hold their price from 2015 at $22.25 per square yard for the 2016 season. Funding is provided by the Capital Improvement Fund (416523.65515). For Action (A3.5) Approval of Contract with Jasco Electric Corporation for the Foster Field Athletic Lighting Renovations (Bid 15-67) Staff recommends City Council authorize the City Manager to execute a contract for construction of the Foster Field Athletic Lighting Renovations Project with Jasco Electric Corporation (2750 Barney Court, McHenry, IL), in the amount of $267,765. Funding is provided by Community Development Block Grants (Account 215.21.5275.62800) and the Capital Improvement Program (CIP) General Obligation Bonds (Account 416.40.4116.65502 – 516003). For Action (A3.6) Approval of Contract with Christopher B. Burke Engineering, Ltd for Fountain Square Renovations (RFP 15-68) Staff recommends City Council authorize the City Manager to execute an engineering services contract for the Fountain Square Renovation Project with Christopher B. Burke Engineering, Ltd (9575 W. Higgins Road, Suite 600, Rosemont, IL), in the amount of $183,321.50.. Funding will be provided from the Washington National TIF and expenses will be tracked in the Capital Improvements Fund, Account 415.40.4126.62145 – 589105). For Action 16 of 413 Page 3; Rev. 2/18/2016 5:17:18 PM (A4.1) Approval of Change Order No. 2 for Police/Fire Headquarters Data Center– Emergency Construction Services Staff recommends City Council authorize the City Manager to execute Change Order No. 2 to the agreement with Nesko Design/Build Electric (3111 S. 26th Avenue, Broadview, IL) for the Police/Fire Headquarters Data Center Emergency Construction Services project. This change order extends the project’s completion date by 46 days from February 8, 2016, to March 25, 2016. There is no change to the contract cost for this change order. For Action (A4.2) Approval of Change Order No. 2 for Repair & Repainting of North and South Standpipes (Bid 15-03) Staff recommends that City Council authorize the City Manager to execute Change Order No. 2 for the Repair & Repainting of North and South Standpipes with American Suncraft Company, Inc. (10836 Schiller Road, Medway, OH). This change order will increase the contract amount by $231,602.69, from $3,271,043 to $3,502,645.69. It will also extend the contract duration by 162 days from December 21, 2015 to May 31, 2016. Funding is provided by the Water Fund (Account 513.71.7330.65515 – 733092). For Action (A4.3) Approval of Change Order No. 2 for the North and South Standpipe Rehabilitation Engineering Support Services (RFP 13-61) Staff recommends that City Council authorize the City Manager to execute Change Order No. 2 to an agreement for North and South Standpipe Rehabilitation Engineering Support Services with Tank Industry Consultants (7740 West New York Street, Indianapolis, IN) in the not-to-exceed amount of $14,473.97, increasing the contract amount from $181,464.45 to $195,938.42. It will also extend the contract duration by 152 days from December 31, 2015 to May 31, 2016 Funding is provided by the Water Fund (Account 513.71.7330.65515 – 733092). For Action (A5) Resolution 5-R-16: Intergovernmental Agreement with the City of Chicago for the Operation of Divvy Bike Stations in Evanston Staff recommends City Council adoption of Resolution 5-R-16 authorizing the City Manager to negotiate and execute an Intergovernmental Agreement with the City of Chicago for operation of the Divvy Bike Share program. For Action (A6) Resolution 14-R-16 : Operator Agreement with Motivate International, Inc., for the operation of the Divvy Bike program in the City of Evanston Staff recommends adoption of Resolution 14-R-16 authorizing the City Manager to execute an Operator Agreement with Motivate International Inc. to implement the Divvy Bike Share program in Evanston. For Action 17 of 413 Page 4; Rev. 2/18/2016 5:17:18 PM (A7) 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 fee on waste transferred through the waste transfer station (the “WTS”) located at 1711 Church Street. In December 2011, Veolia/Advanced sued the City in Cook County Circuit Court. Since 2011 the City has collected $1,263,247.90 in Transfer Station Fees. Under the recommended settlement, the City keeps all WTS fees paid ($1,263,247.90) since 2011. The Cook County case will be dismissed. This resolution was held in committee on January 25, 2016 and February 8, 2016. For Action (A8) 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 still permit the City to collect a $0.75 per ton host fee from Advanced for waste transferred through the WTS. This resolution was held in committee on January 25, 2016 and February 8, 2016. Following citizen review and City Council consideration, there are non- binding proposals to increase the host fee effective January 1, 2018. These proposals are before the City Council for consideration. For Action (A9) Ordinance 8-O-16, Repeal of Prior Waste Transfer Station Fee Ordinances and Enacting Host Community Agreement and 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. If approved, as a condition of the settlement of all claims and litigation, the City must repeal ordinances 82-O- 10 and 68-O-11. This ordinance was held in committee on January 25, 2016 and February 8, 2016.. For Introduction (A10) Ordinance 3-O-16, Neighborhood Integrity Ordinance Staff recommends City Council adoption of Ordinance 3-O-16. The “Neighborhood Integrity Ordinance,” (“NIO”) replaces current nuisance premises regulations. For Introduction (A11) Ordinance 9-O-16, Rental Licensing Ordinance Amendments. Staff recommends City Council adoption of Ordinance 9-O-16 Staff recommends these revisions to complement the “Neighborhood Integrity Ordinance.” For Introduction IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT 18 of 413 Page 1; Rev. 2/18/2016 5:18:57 PM Administration and Public Works Committee Meeting Minutes of February 8, 2016 James C. Lytle Council Chambers – 6:00 p.m. Lorraine H. Morton Civic Center MEMBERS PRESENT: B. Miller, A. Rainey, D. Holmes, P. Braithwaite STAFF PRESENT: M. Lyons, G. Farrar, D. Stoneback, J. Leonard, B. Dorneker, L. Hemingway, O. Murillo, C. Caneva, T. Turner, R. Voss, J. Calderon, L. Biggs, P. D’Agostino, J. Maiworm, S. Levine, DC Parrott STAFF ABSENT: E. Thomas-Smith, A. King, G. Gerdes, W. Bobkiewicz, E. Storlie, S. Nagar, Chief Eddington, I. Ogbo, C. Hurley, R. Dahal, A. Khatkhate, M. Muenzer, P. Zalmezak PRESIDING OFFICIAL: Ald. Miller I. DECLARATION OF A QUORUM: ALDERMAN MILLER, CHAIR A quorum being present, Ald. Miller called the meeting to order at 6:10 p.m. II. PUBLIC COMMENT Kevin Glynn, Environment Board Chair, listed 3 points of concern in the current agreement: 1) the ability of the City to levy future taxes; 2) lack of transparency in the flow of waste that goes into the station; 3) no meaningful community involvement. He suggested sending this contract back to the City Attorney for renegotiation. Lara Matisek, resident of Church Street Village, agrees with Mr. Glynn’s points. This proposal is not a service to the residents in Evanston. She also asked for clarification in the Neighborhood Integrity Ordinance regarding possession of dangerous dogs. Is it breed specific and who makes the determination? Tanya Noble, stated there are no records of any meaningful community engagement in the process to grant an EPA permit for waste disposal at this site. It is less than a mile from downtown Evanston, a block from the high school, near the site of a youth community center and a City park. There is no information on the environmental impact of this facility. The substandard 75 cent fee can never be increased and the City has no legal recourse now or in the future against the waste transfer station. She asked the City to refuse to enter into an agreement with no real value for the future environmental sustainability. Megan Baxa, explained how traffic is impacted by the transfer station. This station impacts students walking to the high school. Trucks idle daily on Church Street. Even if the driveway is widened, the facility will not be able to handle any more traffic. She asked the Committee to look for a resolution that will benefit the future of Evanston. DRAFT - NOT APPROVED 19 of 413 Page 2; Rev. 2/18/2016 5:18:57 PM Allison Tirres, resident of Church Street Village, has many concerns including noise, odors, children crossing in front of large trucks and this type of facility being housed in a residential area. The City will be locked into a tonnage fee that cannot be changed in perpetuity, which is contrary to its interest. She is especially concerned about a clause that would grant immunity to Advanced Disposal from any legal liability including potential public health hazards. She noted the lack of resources to test the ground water and soil under the facility to determine if there are any environmental hazards. She reiterated the lack of community involvement. She encouraged the Committee to communicate the rationale and reasoning for entering into this agreement. Hannah Kreps, resident of Church Street Village, asked the Committee to consider the longevity of children in the area. She has battled with the school district to find safe bus boarding for her kids. She has witnessed many accidents and close calls. She is especially concerned about the environmental impact. There are days that her family cannot access Mason Park because of the smell. Also, she cannot open the window to her home to access fresh air due to the bad odor and flies coming from the facility. Eric Sorenson, resident of Church Street Village, agrees with his neighbors. Shannon Seiberling, explains that in the summer she has to go inside her home due to the smell of garbage. She is concerned that no one knows what kind of garbage is going into the facility and how it will affect the health of nearby residents. Janet Alexander Davis, Evanston resident for almost 70 years, feels that the use of the facility has changed over the years. Jerri Garl, member of the Environmental Justice Subcommittee of the Environment Board, has been preparing a resolution for adoption by Council to ensure that no community or groups within the City of Evanston bear the disproportionate burden of environmental hazards and risks and all environmental assets are fairly distributed across the City. All residents that are affected by City decisions that have the potential to impact their quality of life should have meaningful involvement and influence in the process. There are provisions in host agreements in other communities with their waste station owner operators that can include much greater oversight and transparency in the kinds of exposures to the residents. She asked the City to commit to look at whether the waste station is needed and if its existence is beneficial and consistent with improvements on the west side of Evanston. She asked the City not to sign the agreement and to plan the eventual phase out and closing of this facility for a development that will meet site and zoning requirements and meets the values of the neighborhood. Ald. Braithwaite thanked the public commenters for taking the time to speak on this issue. He noted that their voices were heard. This item will be discussed in 20 of 413 Page 3; Rev. 2/18/2016 5:18:57 PM Executive Session tonight and will be back before the Committee at the next meeting. Staff recommends that the following three Agenda Items, A6, A7 and A8 regarding Advance Disposal, be held until the February 22, 2016 meeting. (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. This resolution was held in committee on January 25, 2016. 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. This resolution was held in committee on January 25, 2016. 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. This ordinance was held in committee on January 25, 2016. For Introduction Ald. Braithwaite moved to recommend holding items A6, A7 and A8 until the February 22, 2016 Administration and Public Works meeting, seconded by Ald. Holmes. The Committee voted unanimously 4-0 to hold the items until the next meeting. III. APPROVAL OF MINUTES OF REGULAR MEETING OF JANUARY 25, 2016 Ald. Miller moved to accept the Minutes of January 25, 2016 A&PW meeting as submitted, seconded by Ald. Braithwaite. The Minutes of the January 25, 2016 A&PW meeting were approved unanimously 4-0. 21 of 413 Page 4; Rev. 2/18/2016 5:18:57 PM IV. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through January 24, 2016 $3,100,467.46 (A2) FY2015 City of Evanston Bills – February 9, 2016 $1,814,935.53 FY2016 City of Evanston Bills – February 9, 2016 $2,139,640.75 Credit Card Activity for Period Ending December 31, 2015 $ 192,972.45 For Action Ald. Rainey moved to recommend approval of the City of Evanston payroll through January 24, 2016, seconded by Ald. Holmes. The Committee voted unanimously 4-0 to approve the payroll. Ald. Rainey moved to recommend the FY 2015 City of Evanston bills through February 9, 2016, FY 2016 bills through February 9, 2016 and credit card activity for the period ending December 31, 2015, seconded by Ald. Holmes. The Committee voted unanimously 4-0 to approve the bills and credit card activity. (A3.1) Approval of FY2016 Fuel Purchases from Mansfield Oil Company Staff recommends approval of FY 2016 fuel purchases in the not to exceed amount of $780,000 from Mansfield Oil Company, formerly Palatine Oil Company Incorporated, (900 National Parkway, Suite 260, Schaumburg, IL). Mansfield Oil Company is the Northwest Municipal Conference Bid winner for all grades and types of fuels that are utilized by City vehicles. Present fuel prices are $1.63/gallon for 87 octane gasoline and $2.01/gallon for bio-diesel. Funding is provided by Major Maintenance, Materials to Maintain Autos Account (600.26.7710.65035). For Action Ald. Holmes moved to recommend City Council approval of FY 2016 fuel purchases in the not to exceed amount of $780,000 from Mansfield Oil Company, formerly Palatine Oil Company Incorporated, seconded by Ald. Rainey. The Committee voted unanimously 4-0 to approve the purchases. (A3.2) Approval of Single Source Purchase of Ford Parts and Vehicle Service from Golf Mill Ford, Inc. Staff recommends City Council authorize the City Manager to execute an agreement for the single source purchase of parts and service with Golf Mill Ford Inc., (9401 N. Milwaukee Avenue, Niles, IL), in the amount of $75,500. Golf Mill Ford will provide Original Equipment Manufacturer (OEM) parts and service for fiscal year 2016 through March of 2017. Funding for this purchase will be from the Major Maintenance, Materials to Maintain Autos Account (600.26.7710.65060). For Action 22 of 413 Page 5; Rev. 2/18/2016 5:18:57 PM Ald. Braithwaite moved to recommend City Council authorize the City Manager to execute an agreement for the single source purchase of parts and service with Golf Mill Ford Inc., in the amount of $75,500 providing Original Equipment Manufacturer (OEM) parts and service for fiscal year 2016 through March of 2017, seconded by Ald. Holmes. The Committee voted unanimously 4-0 to approve the purchase. (A3.3) Approval of Renewal of the Annual Harley Davidson Lease Agreement with City Limits Harley Davidson for the Evanston Police Department (Bid 15-05) Staff recommends that City Council authorize the City Manager to execute the second year lease renewal with City Limits Harley Davidson Inc. (2015 N. Rand Road in Palatine, IL) in the amount of $33,075 for the period of June 1, 2016 to May 31, 2017 for seven (7) leased Harley Davidson motorcycles for the Evanston Police Department. Funding is provided by The Vehicle Replacement Fund, Vehicle Leases Account (601.26.7780.62402). For Action Ald. Rainey moved to recommend City Council authorize the City Manager to execute the second year lease renewal with City Limits Harley Davidson Inc. in the amount of $33,075 for the period of June 1, 2016 to May 31, 2017 for seven (7) leased Harley Davidson motorcycles for the Evanston Police Department, seconded by Ald. Braithwaite. The Committee voted unanimously 4-0 to approve the renewal. (A3.4) Approval of Renewal of Contract with Havey Communications for Emergency Lighting & Sirens (Bid 13-15) Staff recommends City Council authorize the City Manager to execute a one (1) year contract renewal for the purchase of emergency lighting, sirens and after- market products and services in the amount of $97,185 with Havey Communications Inc. (28835 Herky Drive # 117, Lake Bluff, IL). This is the third (3rd) and final renewal. The funding increase of $28,212 is due to the removal and installation of docking stations and wiring for new laptops in 42 Police vehicles. Funding will be provided 50% from the Equipment Replacement Fund (26.601.7780.65550) in the amount of $48,592.50, and 50% from the Fleet Maintenance Fund (26.600.7710.65060) in the amount of $48,592.50. For Action Ald. Holmes moved to recommend City Council authorize the City Manager to execute a one (1) year contract renewal for the purchase of emergency lighting, sirens and after-market products and services in the amount of $97,185 with Havey Communications Inc., seconded by Ald. Rainey. The Committee voted unanimously 4-0 to approve the renewal. (A3.5) Approval of Contract with CTL Group for the Church Street and Maple Avenue Garage Repair Project (RFP 16-07) 23 of 413 Page 6; Rev. 2/18/2016 5:18:57 PM Staff recommends City Council authorize the City Manager to execute a contract for engineering services for the Church Street and Maple Avenue Garage Repair Project with CTL Group (5400 Old Orchard Road, Skokie, IL), in the amount of $111,100. Funding is provided by the Parking Fund Capital Improvement Program (CIP) (Account 505.19.7005.65515 – 616014). For Action Ald. Braithwaite moved to recommend City Council authorize the City Manager to execute a contract for engineering services for the Church Street and Maple Avenue Garage Repair Project with CTL Group, in the amount of $111,100, seconded by Ald. Holmes. The Committee voted unanimously 4-0 to approve the contract. (A3.6) Approval of Contract with Roadsafe Traffic Systems, Inc. for Street Sweeping and Snow Signage (Bid 16-10) Staff recommends City Council authorize the City Manager execute a contract for the fabrication and installation of street sweeping and snow regulation signage with Roadsafe Traffic Systems, Inc. (12225 Disk Drive, Romeoville, IL) in the amount of $84,800. Funding for this phase of the project will be from the Parking Fund Account 505.19.7005.65515/547606, with a funding allocation of $295,000. For Action Ald. Rainey moved to recommend City Council authorize the City Manager execute a contract for the fabrication and installation of street sweeping and snow regulation signage with Roadsafe Traffic Systems, Inc. in the amount of $84,800, seconded by Ald. Holmes. Ald. Rainey stated that the explicit signage will be helpful for the community. At Ald. Braithwaite’s inquiry, Public Works Agency Bureau Chief Jim Maiworm explained that parking restrictions will now be reduced to 4 hour windows instead of the previous 8 hour windows. The Committee voted unanimously 4-0 to approve the contract. (A3.7) Approval of Solid Waste Agency of Northern Cook County (SWANCC) Disposal Fees for FY 2016 Staff recommends approval of the 2016 refuse disposal fees to SWANCC (Solid Waste Agency of Northern Cook County) in the not to exceed amount of $784,000 for operations and maintenance transfer fees. Funding will be provided by the Solid Waste Fund Accounts (520.40.4310.62405 and 520.40.4310.62415). For Action Ald. Holmes moved to recommend approval of the 2016 refuse disposal fees to SWANCC (Solid Waste Agency of Northern Cook County) in the not to exceed amount of $784,000 for operations and maintenance transfer fees, seconded by Ald. Braithwaite. The Committee voted unanimously 4-0 to approve the fees. 24 of 413 Page 7; Rev. 2/18/2016 5:18:57 PM (A3.8) Approval of Estimated Annual User Charge for 2016 with the Metropolitan Water Reclamation District of Greater Chicago for Disposal of Sludge Generated as Part of the Water Treatment Process Staff recommends City Council approval of the Estimated Annual User Charge for 2016 with the Metropolitan Water Reclamation District of Greater Chicago (MWRDGC) for Disposal of Sludge generated as part of the water treatment process in the amount $122,621.59. Four quarterly payments of $30,655.40 will be made beginning in February 2016 and ending November 2016. Funding is provided by the Water Fund, Account 510.40.4220.62420. For Action Ald. Braithwaite moved to recommend City Council approval of the Estimated Annual User Charge for 2016 with the Metropolitan Water Reclamation District of Greater Chicago (MWRDGC) for Disposal of Sludge generated as part of the water treatment process in the amount $122,621.59 in four quarterly payments of $30,655.40 beginning in February 2016 and ending November 2016, seconded by Ald. Holmes. At Ald. Rainey’s inquiry, Public Works Agency Director Dave Stoneback explained that the MWRD determines an annual amount for the coming year based on the previous year and bill the City on a pro-rated quarterly basis. Each January, a true-up calculation is determined using actual data and either an additional payment is due or a credit is issued. The Committee voted unanimously 4-0 to approve the payments. (A3.9) Approval of Renewal of the Service Provider Agreement with Presence Behavioral Health Staff recommends that City Council authorize the City Manager to renew the Service Provider Agreement between Presence Behavioral Health (Presence Health) and the City of Evanston for the provision of 24-hour Crisis Line Access, Mental Health Crisis Intervention and various community outreach and education services at a cost of $73,333.33. The Agreement is dated January 1, 2016 to December 31, 2016. Funding is provided by the Health and Human Services Department Account 176.24.4651.62491. For Action Ald. Rainey moved to recommend City Council authorize the City Manager to renew the Service Provider Agreement between Presence Behavioral Health (Presence Health) and the City of Evanston for the provision of 24- hour Crisis Line Access, Mental Health Crisis Intervention and various community outreach and education services at a cost of $73,333.33 from January 1, 2016 to December 31, 2016, seconded by Ald. Holmes. Ald. Miller would like to know the total number and types of calls coming through the intervention line. (A4) Resolution 13-R-16, Authorizing the City Manager to Enter into New Tenant Lease Agreements for Studio Space at the Noyes Cultural Arts Center Staff recommends City Council adoption of Resolution 13-R-16 authorizing the 25 of 413 Page 8; Rev. 2/18/2016 5:18:57 PM City Manager to enter into two (2) new ten (10) month tenant lease agreements with Paul Brourman and Christy Klug for studio spaces at the Noyes Cultural Arts Center. For Action Ald. Holmes moved to recommend City Council adoption of Resolution 13- R-16 authorizing the City Manager to enter into two (2) new ten (10) month tenant lease agreements with Paul Brourman and Christy Klug for studio spaces at the Noyes Cultural Arts Center, seconded by Ald. Rainey. The Committee voted unanimously 4-0 to adopt the resolution. (A5) Ordinance 12-O-16, Authorizing the City to Borrow Funds from the Illinois Environmental Protection Agency Public Water Supply Loan Program Staff recommends adoption of Ordinance 12-O-16 authorizing the City to borrow funds from the Illinois Environmental Protection Agency (IEPA) Public Water Supply Loan Program for the construction of the Water Treatment Plant Reliability Improvements. This ordinance authorizes the City to borrow up to $2,245,000. Total funding of $2,500.000 is budgeted in the FY2016 CIP. The debt service will be paid from the Water Fund. For Introduction Ald. Braithwaite moved to recommend City Council adoption of Ordinance 12-O-16 authorizing the City to borrow funds from the Illinois Environmental Protection Agency (IEPA) Public Water Supply Loan Program for the construction of the Water Treatment Plant Reliability Improvements up to $2,245,000, seconded by Ald. Holmes. The Committee voted unanimously 4-0 to adopt the ordinance. V. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT Ald. Miller moved to adjourn. The meeting was adjourned at 6:46pm. 26 of 413 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: February 17, 2016 Recommended Action: Staff recommends approval of the City of Evanston Payroll and Bills List. Continuing in 2016, the bills list will not include the Evanston Public Library. The Library bills will be included for informational purposes in the Treasurer’s Monthly Report. Summary: Payroll – January 25, 2016 through February 07, 2016 $2,686,980.25 (Payroll includes employer portion of IMRF, FICA, and Medicare) Bills List – February 23, 2016 $ 983,514.66 General Fund Amount – Bills list $ 223,578.70 TOTAL AMOUNT OF BILLS LIST & PAYROLL $3,670,494.91 *Advanced checks are issued prior to submission of the Bills List to the City Council for emergency purposes, to avoid penalty, or to take advantage of early payment discounts. Attachments: Bills List For City Council meeting of February 22, 2016 Item A1/A2 Business of the City by Motion: City Payroll and Bills For Action Memorandum 27 of 413 CITY OF EVANSTON BILLS LIST PERIOD ENDING 02.23.2016 100 GENERAL FUND 100 GENERAL SUPPORT 21640 METLIFE SMALL BUSINESS CENTER DENTAL INSURANCE PREMIUM 17,466.94 21640 GUARDIAN DENTAL INSURANCE PREMIUM 16,577.30 21650 NATIONAL GUARDIAN LIFE INSURANCE CO.NGL INSURANCE-MONTHLY INVOICE 249.85 41420 DIRECTOR, ILLINOIS STATE POLICE SEIZED FUNDS CASE 15-33437 301.00 100 GENERAL SUPPORT 34,595.09 1505 CITY MANAGER 62295 CHICAGO LATIN FITNESS YOGA CLASSES FOR CITY EMPLOYEES 324.00 62360 ALLIANCE FOR INNOVATION, INC.ANNUAL FEE FROM 3/1/2016 TO 2/28/2017 3,980.00 64540 AT & T MOBILITY *COMMUNICATION CHARGES 163.50 1505 CITY MANAGER Total 4,467.50 1510 PUBLIC INFORMATION 62210 ALLEGRA PRINT & IMAGING NOTECARD PRINTING 483.00 62490 LANGUAGE LINE SERVICES TRANSLATION SERVICES 68.83 1510 PUBLIC INFORMATION Total 551.83 1525 MISC. BUSINESS OPERATIONS 65095 OFFICE DEPOT OFFICE SUPPLIES 47.78 1525 MISC. BUSINESS OPERATIONS Total 47.78 1560 REVENUE & COLLECTIONS 65095 OFFICE DEPOT OFFICE SUPPLIES 142.69 1560 REVENUE & COLLECTIONS Total 142.69 1570 ACCOUNTING 62185 ACCOUNTEMPS ACCOUNTING SERVICES 2,437.20 62280 FEDERAL EXPRESS CORP.SHIPPING 206.22 65095 TEUTEBERG INC 1099 SUPPLIES 161.50 1570 ACCOUNTING Total 2,804.92 1580 COMMUNITY ARTS 66040 BORDEAUX STUDIO LLC FINE ART EXHIBITION - 01/01/2016 - 06/30/2017 3,000.00 1580 COMMUNITY ARTS Total 3,000.00 1705 LEGAL ADMINISTRATION 52040 DRIVERS LICENSE GUIDE ID CHECK FOR LIQUOR LICENSES 2,048.00 62345 FEDERAL EXPRESS CORP.SHIPPING 16.04 62509 SUSAN D BRUNNER HEARING OFFICER 2,660.00 62509 JEFFREY D. GREENSPAN HEARING OFFICER 1,350.00 62509 LAW OFFICE OF MITCHELL C. EX HEARING OFFICER 1,200.00 1705 LEGAL ADMINISTRATION Total 7,274.04 1910 FINANCE DIVISION - REVENUE 52010 HYMAN, ISAAC PARTIAL WHEEL TAX REFUND 37.50 52010 BRANDT, HARRIET PARTIAL WHEEL TAX REFUND 37.50 52010 BAUM, MARCIA PARTIAL WHEEL TAX REFUND 37.50 52010 LESKA, JOAN LATE FEE ON WHEEL TAX REFUND 38.00 52010 SCHMITT, ROSALIND DUPLICATE WHEEL TAX PAYMENT REFUND 37.50 52010 PACHEV, TRIFFIN WHEEL TAX REFUND 75.00 56045 THIRD MILLENNIUM ASSOCIATES, INC.MONTHLY SERVER FEE 450.00 61055 QUALITY PLACEMENT AUTHORITY TEMPORARY CUSTOMER SERVICE 1,197.00 65045 THIRD MILLENNIUM ASSOCIATES, INC.OFF SEASON SERVER FEE 600.00 1910 FINANCE DIVISION - REVENUE Total 2,510.00 1929 HUMAN RESOURCE DIVISION 62630 I.D.E.S. / ILLINOIS DEPARTMENT OF UNEMPLOYMENT INSURANCE 12,334.17 65095 OFFICE DEPOT OFFICE SUPPLIES 148.09 1929 HUMAN RESOURCE DIVISION Total 12,482.26 1932 INFORMATION TECHNOLOGY DIVI. 62340 DELL COMPUTER CORP.VMWARE LICENSING RENEWAL 19,926.38 62340 VERMONT SYSTEMS INC RECTRAC ANNUAL MAINTENANCE 9,803.71 62340 CHICAGO OFFICE TECHNOLOGY GROUP *LEASED COPIERS FINAL PAYMENT 3,150.00 62340 CHICAGO OFFICE TECHNOLOGY GROUP XEROX COPIERS 17,493.00 62380 HIPSKIND TSG *PROFESSIONAL SERVICES 7,312.50 64505 AT & T COMMUNICATION CHARGES 287.91 65555 HIPSKIND TSG HOURS NETWORK CONFIGURATION ASSISTANCE 2,928.75 65615 A & R SHARED SERVICE CENTER COMMUNICATIONS CHARGES 450.00 1932 INFORMATION TECHNOLOGY DIVI. Total 61,352.25 1941 PARKING ENFORCEMENT & TICKETS 65045 FEDERAL SIGNAL CORP.UPGRADE OF SMA-SECURITY CENTER LPR 1,483.40 1941 PARKING ENFORCEMENT & TICKETS Total 1,483.40 128 of 413 CITY OF EVANSTON BILLS LIST PERIOD ENDING 02.23.2016 1950 FACILITIES 62225 ANDERSON PEST CONTROL PEST CONTROL SERVICES 564.20 62225 MARK VEND COMPANY VENDING MACHINE SUPPLY PURCHASE 223.59 62245 RAYES BOILER & WELDING, LTD BOILER NUMBER 2 REPAIR PURCHASE 1,400.00 62245 SIMPLEX GRINNELL ALARM SECURITY SERVICES AND REPAIR 1,920.12 64015 NICOR UTILITIES 86.52 65050 RAYNOR DOOR COMPANY OVERHEAD DOOR MAINTENANCE SERVICES 2,897.00 65085 TRIAD CUTTING TOOLS TOOLS AND SUPPLIES PURCHASE 362.00 1950 FACILITIES Total 7,453.43 2101 COMMUNITY DEVELOPMENT ADMIN 61060 LOCKE, USHANE INDEPENDENT CONTRACTOR 1,552.50 2101 COMMUNITY DEVELOPMENT ADMIN Total 1,552.50 2105 PLANNING & ZONING 62210 ALLEGRA PRINT & IMAGING #10 WINDOW ENVELOPES (BLACK & WHITE – NO COLOR)169.00 2105 PLANNING & ZONING Total 169.00 2126 BUILDING INSPECTION SERVICES 62210 TEUTEBERG INC CD OFFICE SUPPLIES 586.85 62295 GERDES, GARY REIMBURSEMENT: IAEI TRAINING 150.00 62295 SUBURBAN BUILDING OFFICIALS CONFERENCE *SBOC CONFERENCE-GARY GERDES 125.00 62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTION 200.00 2126 BUILDING INSPECTION SERVICES Total 1,061.85 2128 EMERGENCY SOLUTIONS GRANT 67110 CONNECTIONS FOR THE HOMELESS 2015 ESG GRANT 12,672.53 2128 EMERGENCY SOLUTIONS GRANT Total 12,672.53 2205 POLICE ADMINISTRATION 62272 WILD CROW COMMUNICATION, INC DEPLOYMENT MEETINGS 300.00 62490 QUEHL, PATRICE REIMBURSEMENT-VOLUNTEERS SCHOOL CIRCLES PROJECT 94.70 2205 POLICE ADMINISTRATION Total 394.70 2210 PATROL OPERATIONS 62490 EVANSTON FUNERAL & CREMATION BODY REMOVAL 2,162.00 65020 VCG UNIFORM UNIFORMS 300.58 2210 PATROL OPERATIONS Total 2,462.58 2240 POLICE RECORDS 65095 OFFICE DEPOT OFFICE SUPPLIES-BINDERS 13.98 65095 OFFICE DEPOT OFFICE SUPPLIES-CARD FILE/FOLDER 37.30 65095 OFFICE DEPOT OFFICE SUPPLIES-ENVELOPES/MARKER 76.84 65095 OFFICE DEPOT OFFICE SUPPLIES-FILES 47.96 65095 OFFICE DEPOT OFFICE SUPPLIES-PIN/TISSUE/FILE 38.46 65095 OFFICE DEPOT OFFICE SUPPLIES-STAPLES/CLIP/PAD 50.56 65095 OFFICE DEPOT OFFICE SUPPLIES-TAPE CART 19.99 2240 POLICE RECORDS Total 285.09 2245 COMMUNICATIONS 65020 VCG UNIFORM UNIFORMS 553.70 2245 COMMUNICATIONS Total 553.70 2251 311 CENTER 64505 AT & T *311 SERVICE-JAN 400.26 2251 311 CENTER Total 400.26 2260 OFFICE OF ADMINISTRATION 62295 KLEINPASTE, JASON MEALS-FTO TRAINING 75.00 62295 HICKS, BRIAN M.TRAINING-JOHN REID INTERVIEWS 125.00 62295 KLOPACK, STEVEN MEALS-RAPID DEPLOYMENT 45.00 62295 SCOTT SOPHIER MEALS-ARREST/SEARCH FOR SERGEANTS 45.00 62295 HOWARD, ADAM MEALS-EMERGENCY BASED SPANISH 45.00 62295 ILLINOIS CRISIS NEGOTIATORS ASSOCIATION TRAINING-CRISIS NEGOTIATOR 280.00 62295 David Cepiel MEALS-HOMICIDE INVESTIGATIONS 45.00 62295 NICHOLAS CURRAN MEALS-FTO TRAINING 75.00 62295 Daniel G. Keeler MEALS-TRAFFIC CRASH RECONSTRUCTION 75.00 65010 DRIVERS LICENSE GUIDE I.D GUIDES 81.80 65095 MSF GRAPHICS, INC.PRINTING 272.22 2260 OFFICE OF ADMINISTRATION Total 1,164.02 2270 TRAFFIC BUREAU 62490 NORTH SHORE TOWING TOW & HOOK 105.00 2270 TRAFFIC BUREAU Total 105.00 229 of 413 CITY OF EVANSTON BILLS LIST PERIOD ENDING 02.23.2016 2291 PROPERTY BUREAU 65125 DOJE'S FORENSIC SUPPLIES SUPPLIES-PROPERTY 1,601.74 65125 GALLS INCORPORATED SUPPLIES-PROPERTY 334.18 65125 EVIDENT INC.SUPPLIES-PROPERTY 247.50 2291 PROPERTY BUREAU Total 2,183.42 2295 BUILDING MANAGEMENT 62225 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICE 52.76 62225 COMCAST CABLE UTILITIES 138.52 62225 COLLEY ELEVATOR CO.ELEVATOR MAINTENANCE 181.00 62225 NICOR UTILITIES 764.18 2295 BUILDING MANAGEMENT Total 1,136.46 2305 FIRE MGT & SUPPORT 62360 ILLINOIS FIRE CHIEFS ASSOCIATION MEMBERSHIP 40.00 62360 ILLINOIS FIRE CHIEFS ASSOCIATION MEMBERSHIP IFCA 650.00 65020 TODAY'S UNIFORMS INC.UNIFORMS 4,573.55 65095 OFFICE DEPOT OFFICE SUPPLIES 594.47 2305 FIRE MGT & SUPPORT Total 5,858.02 2315 FIRE SUPPRESSION 62605 JAKE THE STRIPER PRIDE WEAR 181.50 65015 PRAXAIR DISTIBUTION INC MEDICAL OXYGEN 691.51 65040 SAM'S CLUB DIRECT *SUPPLIES: JANITORIAL 178.86 65075 PHYSIO-CONTROL, INC.EMS SUPPLIES 1,118.43 65125 SAM'S CLUB DIRECT *SUPPLIES: FOOD 103.76 2315 FIRE SUPPRESSION Total 2,274.06 2407 HEALTH SERVICES ADMIN 61010 NICOLA Y. WHYTE *REFUND: PAYROLL ERROR 50.00 65095 OFFICE DEPOT OFFICE SUPPLIES 87.18 2407 HEALTH SERVICES ADMIN Total 137.18 2440 VITAL RECORDS 62490 IL DEPT OF PUBLIC HEALTH DEATH CERTIFICATES 652.00 2440 VITAL RECORDS Total 652.00 3010 REC. BUSINESS & FISCAL MGMT 65095 OFFICE DEPOT OFFICE SUPPLIES 305.14 3010 REC. BUSINESS & FISCAL MGMT Total 305.14 3025 PARK UTILITIES 64005 COMED UTILITIES 1,933.82 64005 MC SQUARED ENERGY UTILITIES 1,863.27 64015 NICOR UTILITIES 91.57 3025 PARK UTILITIES Total 3,888.66 3030 CROWN COMMUNITY CENTER 64005 MC SQUARED ENERGY UTILITIES 3,118.76 65095 OFFICE DEPOT OFFICE SUPPLIES 50.76 65110 SAM'S CLUB DIRECT *SUPPLIES: PROGRAM SUPPLIES 151.79 3030 CROWN COMMUNITY CENTER Total 3,321.31 3035 CHANDLER COMMUNITY CENTER 64005 MC SQUARED ENERGY UTILITIES 1,320.94 3035 CHANDLER COMMUNITY CENTER Total 1,320.94 3040 FLEETWOOD JOURDAIN COM CT 62210 ALLEGRA PRINT & IMAGING BUSINESS CARDS 78.00 62225 STA-KLEEN INC.CLEANING BAFFLE MONTHLY FEB 2016 41.00 62511 SHELTON, PATRICK PLAYING MUSIC FOR TEENS PARTY(DJ)300.00 62511 KEVIN SPARKMON SECURITY FOR PRIVATE RENTAL 360.00 64005 MC SQUARED ENERGY UTILITIES 3,128.45 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLY 55.43 65040 SUPERIOR INDUSTRIAL SUPPLY CUSTODIAN SUPPLY 474.00 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLY 65.94 3040 FLEETWOOD JOURDAIN COM CT Total 4,502.82 3045 FLEETWOOD/JOURDAIN THEATR 62505 O'CONNOR , ALEXIS 1ST PAYMENT ECT SET DESIGNER/STAGE MANAGER 325.00 62505 ALLIE BARON ECT ASSISTANT DIRECTOR 875.00 62505 DONALD KOLAKOWSKI ECT DIRECTOR 1,125.00 65110 MTI ENTERPRISES, INC. DBA MUSIC THEATRE SCRIPTS FOR CHILDREN'S THEATER 137.00 3045 FLEETWOOD/JOURDAIN THEATR Total 2,462.00 330 of 413 CITY OF EVANSTON BILLS LIST PERIOD ENDING 02.23.2016 3055 LEVY CENTER SENIOR SERVICES 62245 NILFISK-ADVANCE, INC.PARTS FOR FLOOR SCRUBBER 385.66 62505 COMPUTER TRAINING & SUPPORT SERVICES ONE-ON-ONE COMPUTER TRAINING 50.00 62509 UNITED STATES FIRE PROTECTION ANNUAL FIRE SPRINKLER INSPECTION 270.00 62509 CINTAS CORPORATION #769 MONTHLY MAT SERVICE 194.85 62511 COMCAST CABLE CABLE SERVICE 131.62 62695 303 TAXI TAXI COUPON REIMBURSEMENT 9,564.00 62695 AMERICAN CHARGE SERVICE TAXI COUPON REIMBURSEMENT 312.00 64005 MC SQUARED ENERGY UTILITIES 4,420.73 65025 SMIGO MANAGEMENT GROUP LEVY CONGREGATE MEAL PROGRAM-JANUARY 2,162.90 65050 CHEMCRAFT INDUSTRIES, INC.KAIVAC SUPPLIES 118.12 65110 MOBILE MINI, INC.MONTHLY STORAGE POD RENTAL 111.58 3055 LEVY CENTER SENIOR SERVICES Total 17,721.46 3080 BEACHES 64005 MC SQUARED ENERGY UTILITIES 71.34 65045 ANDERSON PEST CONTROL MONTHLY PEST SERVICE 43.00 3080 BEACHES Total 114.34 3095 CROWN ICE RINK 62245 CITY LIGHTING PRODUCTS LIGHT BULB SUPPLY 210.16 62245 JORSON & CARLSON BLADE SHARPENING 101.22 62360 SESAC ANNUAL MUSIC LICENSE FEE 1,230.00 62375 JEAN'S GREENS, INC.PLANT SERVICE 100.00 62495 ANDERSON PEST CONTROL MONTHLY PEST SERVICE 79.00 62508 LEVI, SHANNON BROOMBALL SCOREKEEPER 45.00 62508 CHAVANNES, SEBASTIEN BROOMBALL LEAGUE REFEREE 60.00 62508 SHAWN PFEIFFER BROOMBALL LEAGUE SCOREKEEPER 105.00 62508 MATTHEW LEVI BROOMBALL LEAGUE SCOREKEEPER 35.00 64005 MC SQUARED ENERGY UTILITIES 9,356.27 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 1,660.90 65070 UNIFIRST CORPORATION MOPS AND MAT SERVICE 115.50 65110 NEVCO SCOREBOARD COMPANY SCOREBOARD PARTS 34.80 3095 CROWN ICE RINK Total 13,132.85 3100 SPORTS LEAGUES 65110 ANDERSON PEST CONTROL MONTHLY PEST SERVICE-JAMES PARK 50.00 65110 ANDERSON PEST CONTROL MONTHLY PEST SERVICE-LAGOON BUILDING 35.00 65110 ANDERSON PEST CONTROL MONTHLY PEST SERVICE-LOVELACE 43.00 3100 SPORTS LEAGUES Total 128.00 3225 GIBBS-MORRISON CULTURAL CENTER 62225 COMED UTILITIES 644.39 62225 FOX VALLEY FIRE & SAFETY SERVICE AND REPAIR 91.40 62495 ANDERSON PEST CONTROL MONTHLY PEST SERVICE 55.00 3225 GIBBS-MORRISON CULTURAL CENTER Total 790.79 3605 ECOLOGY CENTER 62495 ANDERSON PEST CONTROL MONTHLY PEST SERVICE 64.97 62495 ANDERSON PEST CONTROL MONTHLY PEST SERVICE 44.00 64005 MC SQUARED ENERGY UTILITIES 511.01 64015 NICOR UTILITIES 274.65 65040 LAPORT INC JANITORIAL SUPPLIES 29.84 65095 ILLINOIS PAPER COMPANY COPIER PAPER 489.00 3605 ECOLOGY CENTER Total 1,413.47 3710 NOYES CULTURAL ARTS CENTER 62495 ANDERSON PEST CONTROL MONTHLY PEST SERVICE 39.14 64005 MC SQUARED ENERGY UTILITIES 1,436.50 65040 SUPERIOR INDUSTRIAL SUPPLY SUPPLIES 505.87 3710 NOYES CULTURAL ARTS CENTER Total 1,981.51 4105 PUBLIC WORKS AGENCY ADMIN 68205 SAM'S CLUB DIRECT *SUPPLIES: FOOD 89.25 4105 PUBLIC WORKS AGENCY ADMIN Total 89.25 4400 CAPITAL PLANNING & ENGINEERING 65095 OFFICE DEPOT OFFICE SUPPLIES 82.40 4400 CAPITAL PLANNING & ENGINEERING Total 82.40 4520 TRAF. SIG.& ST LIGHT MAINT 64006 COMED UTILITIES 780.45 64008 MC SQUARED ENERGY UTILITIES 315.75 4520 TRAF. SIG.& ST LIGHT MAINT Total 1,096.20 100 GENERAL FUND Total 223,578.70 431 of 413 CITY OF EVANSTON BILLS LIST PERIOD ENDING 02.23.2016 195 NEIGHBORHOOD STABILIZATION FUND 5006 PROGRAM DELIVERY 62490 BRIN NSP LLC PROFESSIONAL SERVICES 1,700.00 5006 PROGRAM DELIVERY Total 1,700.00 195 NEIGHBORHOOD STABILIZATION FUND Total 1,700.00 205 EMERGENCY TELEPHONE (E911) FUND 5150 EMERGENCY TELEPHONE SYSTM 62509 CHICAGO COMMUNICATIONS, LLC.ZETRON IP FSA 2015/2016 SERVICE AGREEMENT 660.00 62509 IRON MOUNTAIN OSDP OFF-SITE DATA PROTECTION MONTHLY EXPENSES 355.51 64505 AT & T COMMUNICATION CHARGES 5,488.54 64505 AT & T UTILITIES 187.80 5150 EMERGENCY TELEPHONE SYSTM Total 6,691.85 205 EMERGENCY TELEPHONE (E911) FUND Total 6,691.85 215 CDBG FUND 5170 PUBLIC IMPROVEMENTS 62795 ELCAST LIGHTING 2015 SAFER NEIGHBORHOOD PROJECT - INDUCTION LIGHTING UNITS 4,323.70 5170 PUBLIC IMPROVEMENTS Total 4,323.70 215 CDBG FUND Total 4,323.70 225 ECONOMIC DEVELOPMENT FUND 5300 ECON. DEVELOPMENT FUND 65522 BORDEAUX STUDIO LLC HOLIDAY PHOTO EVENT COVERAGE 750.00 65522 CINDY PLANTE *REIMBURSEMENT: RECORDER OF DEEDS FILINGS 196.09 5300 ECON. DEVELOPMENT FUND Total 946.09 225 ECONOMIC DEVELOPMENT FUND Total 946.09 240 HOME FUND 5430 HOME FUND 65535 CONNECTIONS FOR THE HOMELESS 2016 TBRA GRANT 11,061.26 5430 HOME FUND Total 11,061.26 240 HOME FUND Total 11,061.26 310 HOWARD-HARTREY TIF 5500 HOWARD-HARTREY TIF DEBT SRVCE 415430 65515 ESI CONSULTANTS, LTD HOWARD ST/TARGET/JEWEL TRAFFIC SIGNAL & INTERSECTION 7,667.77 5500 HOWARD-HARTREY TIF DEBT SRVCE Total 7,667.77 310 HOWARD-HARTREY TIF Total 7,667.77 320-DEBT SERVICE FUND 5718 2015 B BONDS 62716 FITCH RATINGS, INC.*RATING FEE FOR 2015 A&B G.O. BONDS 8,000.00 5718 2015 B BONDS 8,000.00 5719 2015 A BONDS 62716 FITCH RATINGS, INC.*RATING FEE FOR 2015 A&B G.O. BONDS 8,000.00 5719 2015 A BONDS 8,000.00 320 DEBT SERVICE FUND Total 16,000.00 330 HOWARD-RIDGE TIF FUND 5860 HOWARD RIDGE TIF 56010 VON MEDVEY MANAGEMENT, LLC *RENT-POLICE OUTPOST-JAN16 1,000.00 62346 COOK COUNTY TREASURER 2015 TAX- 629 HOWARD ST 3,799.41 64015 NICOR UTILITIES 105.12 5860 HOWARD RIDGE TIF Total 4,904.53 330 HOWARD-RIDGE TIF FUND Total 4,904.53 532 of 413 CITY OF EVANSTON BILLS LIST PERIOD ENDING 02.23.2016 415 CAPITAL IMPROVEMENTS FUND 4150 CAPITAL PROJECTS 415407 62145 MCGUIRE ENGINEERS, INC.BAKER PARK ELECTRICAL DESIGN 7,900.00 415179 62145 MCGUIRE ENGINEERS, INC.POLICE/FIRE HQ DATA CENTER - EMERGENCY ENGINEERING 825.00 416456 65502 NUTOYS LEISURE PRODUCTS BAKER PARK - BACKLESS BENCHES 1,810.00 415602 65515 CONSTRUCTION CONSULTING & DISBURSEMENT LEVY CENTER WASHROOM RENOVATIONS BID #15-59 40,977.00 416450 65515 ESI CONSULTANTS, LTD EMERSON/RIDGE/GREENBAY PHASE III ENGINEERING SERVICES 46,260.73 4150 CAPITAL PROJECTS Total 97,772.73 415 CAPITAL IMPROVEMENTS FUND Total 97,772.73 505 PARKING SYSTEM FUND 7005 PARKING SYSTEM MGT 68205 ANDERSON PEST CONTROL PEST CONTROL FOR MAPLE GARAGE 201.50 7005 PARKING SYSTEM MGT Total 201.50 7015 PARKING LOTS & METERS 62245 TOTAL PARKING SOLUTIONS, INC.1 YEAR WEB BACK OFFICE SUPPORT 1,680.00 64005 COMED UTILITIES 202.09 7015 PARKING LOTS & METERS Total 1,882.09 7025 CHURCH STREET GARAGE 64005 MC SQUARED ENERGY UTILITIES 5,373.90 7025 CHURCH STREET GARAGE Total 5,373.90 7036 SHERMAN GARAGE 53515 PRESCOUTER, INC.ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 3187:2825 50.00 53515 PHILLIPS, NICHOLAS ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 3276 25.00 53515 ANGLES-ALCAZAR, DANIEL ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 58261 25.00 53515 SAAVEDRA, ED ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 1324 25.00 53515 SAYAL, SANDEEP ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 4035 25.00 53515 SCHUMAKER, OREN ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 2880 25.00 53515 SHORR, KATIE ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 13451 25.00 53515 SOMMER, WENDY ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 2836 25.00 53515 SUTTON, NDELE ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 871 25.00 53515 TRUER JR, ROGER O ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 1508 25.00 53515 TUSSING, STEPH ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 3366 25.00 53515 WALKER, LEAH ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 3141 25.00 53515 WANG, ALLAN ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 58121 25.00 53515 WEST, BRAD ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 3079 25.00 53515 WHITE, SARAH ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 58091 25.00 53515 WISSERT, BRIAN ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 1980 25.00 53515 WYLIE, WILLIAM E ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 1945 25.00 53515 YANEY, REBEKAH ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 1535 25.00 53515 YEH, CHIA-KAI ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 57941 25.00 53515 ZHU, DANLIN ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 58181 25.00 53515 SCOTT SIMONS C/O TIAA ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 2806 25.00 53515 EVANS, SHAWN ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 1562 25.00 53515 ESLER, MIKE ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 3132 25.00 53515 DIAZ, PETER ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 12941 25.00 53515 DEWAN, DIVYA ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 3278 25.00 53515 CORINI, ALYSSA ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 1860 25.00 53515 CHENG, GUANGING ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 4029 25.00 53515 CHAN, BRANDON ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 3177 25.00 53515 KINGSBURY CAPITAL, INC.ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 2684 25.00 53515 BRUNER, MARY P.ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 58001 25.00 53515 BREHMER, CHARLES ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 2147 25.00 53515 BORRULL, VICTOR ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 761 25.00 53515 BRADY, WILLIAM U ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 3238 25.00 53515 BLAKEMAN, CHAD ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK# 58141:1796 50.00 53515 BELTRAMI, MONICA MAURIC ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 2828 25.00 53515 ASKIN, METIN ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 58221 25.00 53515 ANDERSON, NANCY L.ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 50721 50.00 53515 FENG, MINGBIN ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 271 25.00 53515 GERBER, JUSTIN ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 2721 25.00 53515 GRAY, ARIELLE ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 3336 25.00 53515 GOLDMEIER, ABIGAIL ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 1508 25.00 53515 GRUDIN, EVA ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 3392 25.00 53515 HARDAGE, MAX ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 2081 25.00 53515 HARTMAN, KAREN ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 4679 25.00 53515 HERZIG, ILANA ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 58201 25.00 53515 HOME LIFE HEALTH ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 4026 25.00 53515 HICKS, LAURA ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 3095 25.00 53515 HINES, KENTON ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 58191 25.00 53515 ISAAC, FRANCES A.ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 2737 25.00 53515 JAIMES, ROBERTO ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 531 25.00 53515 JIMENEZ, YVONNE ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 3017 25.00 53515 KIRLKAND, GEORGE ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 3273 25.00 633 of 413 CITY OF EVANSTON BILLS LIST PERIOD ENDING 02.23.2016 53515 KWAK, SINCLAIR ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 3104 25.00 53515 LAZSLO, TIM ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 1933 25.00 53515 LEVINE, ILAN ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 1106 25.00 53515 LIU, MING ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 3062 25.00 53515 LOPEZ, JULIO ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 1336 25.00 53515 MADDEN, WILL ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 1564 25.00 53515 MCCARTY, ANN ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 2818 25.00 53515 MENCELOGLU, MELISA ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 58081 25.00 53515 MOGAL, ANWAR ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 858 25.00 53515 NATHANSON, CHARLES ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 2714 25.00 53515 NAYATI, IRAM ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 4035 25.00 53515 O'NEILL, COURTNEY ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 3541 25.00 53515 PATEL, MITESH ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 2815 25.00 53515 PEREDA, EVELYN ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 2893 25.00 53515 PETIS, MATTHEW ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 3635 25.00 53515 NATH , ANJALI ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 58151 25.00 53515 PATNAIK, SURAJ ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 4008 25.00 53515 REGENOLD, UWE ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 3291 25.00 53515 RUNDELL, DAVID ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 2187 25.00 53515 RYKYTO, PHIL ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 387 25.00 53515 TOMHRAS, KATHERINE ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 2784 25.00 53515 LORNA B. GAMBA ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 2644 25.00 53515 JEAN K RHODES ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 2747 25.00 53515 MARK WERWATH ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 341 25.00 53515 TAMMY BOZZA ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 1880 25.00 53515 DANIEL WILKE ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 331 25.00 53515 ACQUIRENT ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 495:155 50.00 64005 MC SQUARED ENERGY UTILITIES 12,180.53 64505 AT & T COMMUNICATION CHARGES 155.88 7036 SHERMAN GARAGE Total 14,411.41 7037 MAPLE GARAGE 64005 MC SQUARED ENERGY UTILITIES 9,470.38 7037 MAPLE GARAGE Total 9,470.38 505 PARKING SYSTEM FUND Total 31,339.28 510 WATER FUND 4200 WATER PRODUCTION 64505 JULIE INC ANNUAL JULIE PRINT/EMAIL & VOICE TRANSMISSIONS FEE 8,915.54 64505 BYTRONICS, INC., BASIN TECH CENTRE MONTHLY SUPPORT FOR DIGTRACK TICKETS 100.00 65095 OFFICE DEPOT OFFICE SUPPLIES 88.07 4200 WATER PRODUCTION Total 9,103.61 4220 FILTRATION 62465 EUROFINS EATON ANALYTICAL LABORATORY TESTING-ROUTINE COMPLIANCE 1,005.00 65015 UNIVAR USA, INC.LIQUID ALUMINUM SULFATE (PER SPEC)27,449.35 65015 ALEXANDER CHEMICAL CORPORATION LIQUID CHLORINE (PER SPEC)5,056.00 4220 FILTRATION Total 33,510.35 4225 WATER OTHER OPERATIONS 62420 METROPOLITAN WATER RECLAMATION DISTRICT ANNUAL EASEMENT AGREEMENT FEE 7,379.94 4225 WATER OTHER OPERATIONS Total 7,379.94 4540 DISTRIBUTION MAINTENANCE 62210 ON TRACK FULFILLMENT INC.MAILING & POSTAGE OF RPZ CARDS 75.00 62275 ON TRACK FULFILLMENT INC.MAILING & POSTAGE OF RPZ CARDS 59.15 65090 NORTH SHORE ENH OMEGA SPIROMETRY-PULMONARY FUNCTION EXAM 101.00 4540 DISTRIBUTION MAINTENANCE Total 235.15 7105 PUMPING 64005 MC SQUARED ENERGY UTILITIES 69,571.61 7105 PUMPING Total 69,571.61 7130 WATER CAPITAL OUTLAY 65555 CDS OFFICE TECHNOLOGIES TOUGHBOOK FOR UTILITIES 4,589.00 7130 WATER CAPITAL OUTLAY Total 4,589.00 510 WATER FUND TOTAL 124,389.66 513 WATER DEPR IMPRV & EXTENSION FUND 7330 WATER FUND DEP, IMP, EXT 733094 62140 CDM SMITH, INC.WATER PLANT RELIABILITY IMPROVEMENTS DESIGN ENGINEERING 12,599.98 733092 62145 TANK INDUSTRY CONSULTANTS ENGINEERING SERVICES-STANDPIPE PAINTING (RFP 13-61)4,221.97 415450 65515 BOLDER CONTRACTORS BID # 15-60 SHERIDAN RD WATER MAIN LINING 195,063.30 7330 WATER FUND DEP, IMP, EXT Total 211,885.25 513 WATER DEPR IMPRV & EXTENSION FUND Total 211,885.25 734 of 413 CITY OF EVANSTON BILLS LIST PERIOD ENDING 02.23.2016 520 SOLID WASTE FUND 4310 RECYCLING AND ENVIRONMENTAL MAIN 56155 ADEDJI, ADEDAP REFUND FOR REPLACEMENT REFUSE CART 75.00 62390 LAKESHORE WASTE SERVICES, LLC CONDOMINIUM REFUSE COLLECTION 35,346.67 4310 RECYCLING AND ENVIRONMENTAL MAIN Total 35,421.67 520 SOLID WASTE FUND Total 35,421.67 600 FLEET SERVICES FUND 7705 GENERAL SUPPORT 65095 OFFICE DEPOT OFFICE SUPPLIES 79.09 7705 GENERAL SUPPORT Total 79.09 7710 MAJOR MAINTENANCE 62355 CINTAS #22 WEEKLY UNIFORM SERVICE 455.63 62355 CINTAS CORPORATION #769 WEEKLY MAT SERVICE 643.79 65015 CERTIFIED LABORATORIES AEROSOL 174.97 65015 CONTINENTAL RESEARCH CORP.SHOP CHEMICALS 425.08 65035 CITY WELDING SALES & SERVICE INC.WELDING GASES 129.45 65060 ALLTECH AUTO INC.#57 BODY REPAIRS TO E.P.D.3,036.13 65060 ATLAS BOBCAT, INC.#632 REPLACED FUEL FILTERS 200.26 65060 ATLAS BOBCAT, INC.#640 SIDE MIRROR 151.00 65060 ATLAS BOBCAT, INC.ANTIFREEZE/COOLAN 105.18 65060 ATLAS BOBCAT, INC.BULB 93.72 65060 DOUGLAS TRUCK PARTS LINCOLN JACK REPAIR 925.00 65060 FLINK COMPANY SPRAY TIPS 251.24 65060 GROVER WELDING COMPANY #612 SNOW PLOW YORK REPAIRS 131.75 65060 GROVER WELDING COMPANY #623 SALT SPREADER WELD REPAIRS 580.48 65060 HAVEY COMMUNICATIONS INC.#57 PUSH BUMPER 299.00 65060 HAVEY COMMUNICATIONS INC.4 EPD SQUADS DOCKING STATION REMOVALS 1,080.00 65060 HAVEY COMMUNICATIONS INC.CHARGE/REMOVE EXISTING DOCKING STATIONS 1,350.00 65060 HAVEY COMMUNICATIONS INC.REMOVAL OF EXISTING DOCKING STATIONS 1,620.00 65060 INTERSTATE BATTERY OF NORTHERN CHICAGO 3 BATTERIES 309.33 65060 INTERSTATE BATTERY OF NORTHERN CHICAGO 8 BATTERIES 706.96 65060 LEACH ENTERPRISES, INC.55 GAL BARREL WASHER SOLVENT 109.00 65060 LEACH ENTERPRISES, INC.AIR BRAKE CARTRIDGE 80.35 65060 LEACH ENTERPRISES, INC.HEADLAMP RECT HALO 42.12 65060 MCCANN INDUSTRIES, INC.#936 FILTERS 441.27 65060 MCCANN INDUSTRIES, INC.#936 THERMOSTAT 33.99 65060 MCCANN INDUSTRIES, INC.#936 TRANS SWITCH 50.98 65060 NORTH SHORE TOWING TOW 58 TO GMF 95.00 65060 REGIONAL TRUCK EQUIPMENT COMPANY, INC.#514 FILTER ELEMENT 157.37 65060 STANDARD EQUIPMENT COMPANY CAN LIFT ACTUATOR 2,153.61 65060 VERMEER MIDWEST #565 SENSITIVITY SWITCH 156.70 65060 VERMEER MIDWEST #566 DRUM BEARING 511.96 65060 WARREN'S SHELL SERVICE UNDER COVER PD VEHICLE REPAIRS 1,473.00 65060 WHOLESALE DIRECT INC STROBE TUBE WITH DEUTSCH 98.13 65060 WEST SIDE EXCHANGE #659 OIL PRESSURE SWITCH SENSOR 181.85 65060 WEST SIDE EXCHANGE BUCKET TEETH 143.95 65060 TEREX UTILITIES, INC.#589 BOOM REPAIRS 631.14 65060 INTERSTATE POWER SYSTEMS, INC.#315 TRANS FILTER 11.36 65060 P & G KEENE ELECTRICAL #604 ALTERNATOR 208.06 65060 GLOBAL EMERGENCY PRODUCTS, INC.BEZEL HEADLIGHT 89.46 65060 GLOBAL EMERGENCY PRODUCTS, INC.CAP RADIATOR 26.62 65060 CARQUEST EVANSTON STD MINIATURE LAMP 16.60 65060 CARQUEST EVANSTON STD MINIATURE LAMP/BEAM 139.74 65060 GOLF MILL FORD #104 HEATER BOX REPLACED 1,411.97 65060 GOLF MILL FORD #110 EXTRA KEY PROGRAM 55.07 65060 GOLF MILL FORD #207 WIPER NOZZLES 19.88 65060 GOLF MILL FORD #426 TURBO CLAMP 22.11 65060 GOLF MILL FORD #546 COOLANT HOSE 25.19 65060 GOLF MILL FORD #546 EX. CLAMP 24.80 65060 GOLF MILL FORD #57 OIL DRAIN 13.83 65060 GOLF MILL FORD #917 TRANS PAN 76.27 65060 GOLF MILL FORD #917 TRANS TUBE 86.89 65060 GOLF MILL FORD FOCUS PADS/ROTORS 128.26 65060 GOLF MILL FORD FUEL FITTER CAP 20.61 65060 GOLF MILL FORD OIL FILL PLUG 30.36 65060 GOLF MILL FORD RETURN: PAN ASY -93.96 65060 R.N.O.W., INC.HANDLE BRACKET 153.92 65060 SUBURBAN ACCENTS, INC.PARKING SERVICES LETTERING 356.25 65060 WENTWORTH TIRE SERVICE NEW TIRES 579.88 65060 WENTWORTH TIRE SERVICE RECAP TIRES 219.49 65060 WENTWORTH TIRE SERVICE TIRE REPAIR 1,043.99 65060 ORLANDO AUTO TOP INSTALL GARBAGE TRUCK DOOR WINDOW 225.00 835 of 413 CITY OF EVANSTON BILLS LIST PERIOD ENDING 02.23.2016 65060 CHICAGO PARTS & SOUND, LLC FILTERS 534.06 65060 CHICAGO PARTS & SOUND, LLC RETURN: ALTERNATOR ASY -344.81 65060 APC STORES, INC., DBA BUMPER TO BUMPER AIR FILTER 77.88 65060 APC STORES, INC., DBA BUMPER TO BUMPER CABIN AIR FILTER 73.02 65060 APC STORES, INC., DBA BUMPER TO BUMPER FILTERS 443.00 65060 APC STORES, INC., DBA BUMPER TO BUMPER FUEL FILTER 177.08 65060 APC STORES, INC., DBA BUMPER TO BUMPER FUEL TREATMENT 56.28 65060 APC STORES, INC., DBA BUMPER TO BUMPER MERCON V 51.48 65060 APC STORES, INC., DBA BUMPER TO BUMPER OIL FILTER 21.84 65060 APC STORES, INC., DBA BUMPER TO BUMPER REFUND: FUEL TREATMENT -127.08 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #315 CLIPPER BRAKE HOSE 216.01 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #451 REAR VIEW MIRROR 67.25 7710 MAJOR MAINTENANCE Total 25,167.05 600 FLEET SERVICES FUND Total 25,246.14 700 FIRE PENSION FUND 8000 FIREFIGHTERS' PENSION 61755 FOSTER & FOSTER *ACTUARIAL SERVICES-JANUARY 6,000.00 61755 MORGAN STANLEY SMITH BARNEY *INVESTMENT ADVISORY FEES 14,870.83 8000 FIREFIGHTERS' PENSION Total 20,870.83 700 FIRE PENSION FUND Total 20,870.83 Grand Total 823,799.46 936 of 413 CITY OF EVANSTON BILLS LIST PERIOD ENDING 02.23.2016 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT SUPPLEMENTAL BILLS LIST ATTACHMENT GENERAL 0.00 0.00 INSURANCE VARIOUS VARIOUS WORKERS COMP 15,221.60 VARIOUS VARIOUS WORKERS COMP 15,965.24 31,186.84 SEWER 7535.68305 IEPA LOAN DISBURSEMENT SEWER FUND 128,528.36 128,528.36 159,715.20 Grand Total 983,514.66 PREPARED BY DATE REVIEWED BY DATE APPROVED BY DATE 1037 of 413 For City Council meeting of February 22, 2016 Item A3.1 Business of the City by Motion: Parking Meter Expenses For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Erika Storlie, Director of Administrative Services Rickey A. Voss, Parking/Fleet Manager Subject: 2016 Total Parking Solutions Expenses (Pay Stations) Date: February 4, 2016 Recommended Action: Staff recommends the City Council authorize expenditure in the amount of $35,280 to Total Parking Solutions, Inc., 2721 Curtiss Street, Downers Grove, IL 60201 to cover the fees associated with 21 parking meter terminals (pay stations). Funding Source: 2016 Budget: 505.19.7015.62245 $55,740 Total Parking Solutions: $35,280 Total: $35,280 Summary The new parking meter terminals (pay stations) have an annual fee for back office support, Web Office CMS monitoring, of $960 per unit, currently 21 units in association with the Duncan Solutions parking meter project. In addition there are fees of $720 per unit for maintenance which includes parts, labor and quarterly preventive maintenance and cleaning. This annual fee is paid to the vendor in May of each year. Legislative History The current 5-year agreement with Duncan Solutions, Inc. was approved by City Council on July 15, 2013. Link to Duncan agreement can be found here on page 107. http://www.cityofevanston.org/assets/CCAP%207.15.13%20ce.pdf Memorandum 38 of 413 For City Council meeting of February 22, 2016 Item A3.2 Business of the City by Motion: NIPSTA Membership Dues For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Greg Klaiber, Fire Chief David Stoneback, Director, Public Works Agency Subject: Northeastern Illinois Public Safety Training Academy (NIPSTA) 2016 Membership Dues Date: February 4, 2016 Recommended Action: Staff recommends that City Council authorize payment of the 2016 Fire and Public Works membership fees to NIPSTA in the amount of $23,545.00. Funding Source: Funding for this membership is budgeted under the Fire Department line-item account 100.23.2305.62360 for both the Fire and Public Works Departments. Summary: NIPSTA stands for Northeastern Illinois Public Safety Training Academy and is a regional training facility built in Glenview on the grounds of the old Glenview Naval Air Station. Its current members consist of 25 local municipalities and 7 non-government agencies (i.e. Oakton Community College, IRMA, and Lutheran General Hospital). The Fire Department and Public Works are requesting to continue our membership with NIPSTA. The City of Evanston became a member in 2006 and has used many of the training opportunities and services they offer. For 2016, our membership will be $1497 less than the 2011cost, because we have been members for over five consecutive years. NIPSTA provides a variety of training programs such as: • Candidate Physical Agility Testing (CPAT) • Winter Fire Academy • Snow Plow Driver’s Training • Fire/Police Driver’s Simulator • Public Works Agency Supervisor Training Memorandum 39 of 413 • Back Injury Prevention • Crime Scene Forensic Police Training Laboratory • Major Crime Evidence Examination Area • Storage for Fire & Police Shared Emergency Units • Fire, Technical Rescue & HazMat Training Props • Centralizes National Incident Management System (NIMS) Training for Region • Regionalization allows for municipalities to share costs for major presentations As a result of these types of services/activities, we realize other tangible and intangible savings. For example, as a result of having a winter fire academy, we are able to process new firefighters in the winter instead of waiting three months for the spring academy saving the City money in overtime costs. NIPSTA is the only place that has a concrete driving pad for Snow Plow Driver Training. NIPSTA is able to host large class sizes. They held many of the mandatory NIMS Training courses which saved the City travel expenses by hosting the classes in Glenview. NIMS classes were attended by Fire, Police and Public Works employees at no cost to the City. In addition, all the other classes taken by both Fire Department and Public Works employees are located in Glenview and provide saving in travel costs as well. Both the Fire & Police Departments have shared regional resources that are housed at NIPSTA. NIPSTA is able to accommodate very large vehicles in a heated facility year round while allowing for 24/7 access for emergency call outs. These vehicles include the MABAS Division III Communication Vehicle, NIPAS Bear, Command Unit and Armored Vehicle, Red Cross Emergency Response Unit, NORTAF Vehicles, Urban Search & Rescue Vehicles (for State & Federal Call-Out) and others. The Public Works Agency has also used NIPSTA to its advantage. Public Works has used the programs for driver training, flaggers, construction and OSHA training, public works supervisory academy training and back safety for public works employees. Most of NIPSTA’s financial support is from its membership dues. If it were not for communities supporting this facility, these type of training opportunities, services and regional opportunities would not available locally or at all (i.e. Snow Plow Driver’s Training, technical rescue debris pile, vehicle resources within miles of Evanston). Staff from the Fire Department and Public Works Agency met to carefully review all options in its recommendation to continue our membership with NIPSTA. Staff feels that the regional training concept is important to support and the tangible and intangible savings as well as benefits are significant. It is our recommendation that Council approves the continuation of this membership to NIPSTA. Attachments NIPSTA Invoice 40 of 413 41 of 413 For City Council meeting of February 22, 2016 Item A3.3 Business of the City by Motion: Fleetwood-Jourdain HVAC and Electrical Improvements For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Public Works Agency Director Lara Biggs, Bureau Chief – Capital Planning / City Engineer Stefanie Levine, Senior Project Manager Subject: Fleetwood-Jourdain Center HVAC and Electrical Improvements (RFP No. 16-01) Date: February 22, 2016 Action: Staff recommends City Council authorize the City Manager to execute a contract for engineering services related to the Fleetwood-Jourdain Center HVAC and Electrical Improvements Project (RFP No. 16-01) with Clark Dietz, Inc. (118 S. Clinton Street, Suite 700, Chicago, Illinois 60661), in the amount of $74,997.00. Funding Source: Funding will be provided from the Capital Improvement Program (CIP) General Obligation Bonds (Account 416.40.4116.62145 – 616007). This project was budgeted at $400,000 in FY 2016. Background Information: Constructed in 1957, the Fleetwood-Jourdain Community Center serves as a major recreation center for Evanston. The existing 23,000 square foot facility includes a regulated gymnasium, multipurpose activity rooms, fitness center, dance studio, commercial kitchen, craft rooms, and offices. The building’s HVAC system is over 20 years old and in a deteriorated condition. As the entire building is centralized through a single air handling unit, any system failures will result in the need to close the facility. The existing electrical system is original to the building’s construction in the mid-1950s, is deteriorated and well beyond its useful life. The existing electrical system is stressed during summer cooling conditions and replacement parts are no longer available. Replacement of these two critical building systems is needed at this time to ensure continued and safe operation of this vital City facility. Memorandum 42 of 413 Analysis: On December 3, 2015 the City issued a Request for Proposal for consultant services to design the improvements outlined above. On January 5, 2016 proposals were received from the following six consulting engineering firms: Consultant Address Proposal Cost CCJM Engineers, Ltd. Two North Riverside Plaza, Suite 1050, Chicago, Illinois 60606 Non-responsive Clark Dietz, Inc. 118 S. Clinton Street, Suite 700, Chicago, Illinois 60661 $74,997.00 dbHMS 303 W. Erie Street, Suite 510, Chicago, Illinois 60654 $63,024.00 Henneman Engineering, Inc. 200 S. Wacker Drive, Suite 850, Chicago, Illinois 60606 $71,660.00 Larson 1488 Bond Street, Suite 100, Naperville, Illinois 60563 $89,700.00 McGuire Engineers 300 S. Riverside Plaza, Suite 1650, Chicago, Illinois 60606 Non-responsive A selection committee consisting of members from the Public Works Agency, Administrative Services Department and Parks Recreation and Community Services Department reviewed the proposals and scored the firms for project selection. A summary table of the scoring results is below. Two firms (CCJM and McGuire Engineers) were determined to be non-responsive and thus were not scored as each failed to include key scope items in their proposal. Consultant Qualifications and Expertise Project Understanding Price Organization and Completeness of Proposal Willingness to Execute City Contract M/W/EBE Participation Total Clark Dietz, Inc. 24 19 22 9 5 8 87 dbHMS 20 11 25 10 6 10 82 Henneman Engineering, Inc. 18 11 22 9 10 10 80 Larson 16 16 18 8 5 10 73 Following the initial scoring, the selection committee interviewed the highest ranked firm, Clark Dietz, Inc., to confirm their understanding of the project and overall expertise. After the interview the committee unanimously agreed that Clark Dietz, Inc. was ideally suited for this work and would develop creative and sensitive solutions for this complex and critical project. Based on the scoring results, staff recommends award to Clark Dietz, Inc. in the amount of $74,997.00. A breakdown of funding for this project is as follows: 43 of 413 Account Summary Project Funding (detailed above) $400,000.00 Encumbrances / expenditures to date -$0.00 Recommended award -$74,997.00 Balance Remaining $325,003.00 A review of the project for compliance with the City’s M/W/EBE program goals is attached. Legislative History: None Attachments: Memo on M/W/EBE Compliance, dated 02/22/2016 44 of 413 RFP 16-01, Fleetwood-Jourdain Center HVAC and Electrical Improvements, M/W/EBE Memo, 02.22.2016 To: David Stoneback, Public Work Agency Director Lara Biggs, Bureau Chief – Capital Planning / City Engineer Stefanie Levine, Senior Project Manager From: Tammi Turner, Purchasing Manager Subject: Fleetwood-Jourdain Center HVAC and Electrical Improvements, RFP 16-01 Date: February 22, 2016 The goal of the Minority, Women and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City’s goal is to have general contractors utilize M/W/EBEs to perform no less than 25% of the awarded contract. With regard to the recommendation for the Fleetwood-Jourdain Center HVAC and Electrical Improvements, RFP 16-01, Clark Dietz Engineer’s total base bid is $74,997.00, and they will receive 28% credit for compliance towards the M/W/EBE goal. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Delta Engineering Group 111 W. Jackson Blvd. Ste 910 Chicago, IL 60604 Engineering Services $10,010.00 13.5% X Elliott Dudnik & Associates 913 Wesley Evanston, IL 60202 Consulting $6,000.00 8% X RME Engineers Inc. 200 S. Michigan Ave. Ste 500 Chicago, IL 60604 Engineering Services $4,914.00 6.5% X Total M/W/EBE $20,914.00 28% CC: Martin Lyons, Acting City Manager/CFO Memorandum 45 of 413 For City Council meeting of February 22, 2016 Item A3.4 Business of the City by Motion: Contract Extension for Pavement Patching For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Public Works Agency Director James Maiworm, Bureau Chief of Infrastructure Maintenance Subject: Approval of a Contract Extension for Pavement Patching Date: February 10, 2016 Recommended Action: Staff recommends City Council authorize a contract extension through the Municipal Partnering Initiative (MPI) for Pavement Patching services. The contract extension is with J. A. Johnson Paving in the amount of $600,000. J. A. Johnson Paving will hold their price from 2015 at $22.25 per square yard for the 2016 season. Funding Source: Funding for this service will be from the Capital Improvement Fund (416523.65515) of which has $600,000 budgeted for the supplemental patching program in 2016. Summary: In April 2015, staff from the MPI solicited bids for pavement patching services. The proposed contract was for a one-year period with a possible one year extension. Below are the results of the bid tabulation from 2015 for the style of patching specified by City staff. Contractor UOM Unit Cost J.A. Johnson Paving, Arlington Heights IL SY $22.25 Chicagoland Paving, Lake Zurich, IL SY $22.50 Alamp Concrete, Schaumburg, IL SY $40.00 Peter Baker, Lake Bluff, IL SY $50.00 Memorandum 46 of 413 Page 2 of 2 The Municipal Partnering Initiative (MPI) is a group of 18 municipal governments and agencies from North Shore and Northwest Suburban areas that solicit bids for the group with the objective of securing better pricing thru increased volume. Staff carefully considers the use of the Cooperative Bidding Programs as many of the communities that we collectively bid with do not have the M/W/EBE or local employment programs. Given the critical need for infrastructure maintenance and limited resources for the maintenance, staff recommends we utilize the MPI bid extension for this year. Staff recommends the contract extension of the patching contact to J. A. Johnson Paving of Arlington Heights. Participation in the contract will allow the City to provide supplemental asphalt patching of 27,000 square yards of distressed pavement areas city wide for the budgeted amount of $600,000. Last year 13,483 square yards were patched as a part of this program for a budgeted amount of $300,000. In 2014 the City of Evanston paid $25.50 per square yard for the patching program and patched just over 10,000 square yards of pavement. A preliminary list of patching locations is enclosed. Additional locations may be added or subtracted as conditions require and budget allow. Legislative History: Original 2015 Supplemental Patching Contract was approved by the City Council On June 22, 2015. Attachments: Preliminary list of patching locations Letter from J. A. Johnson confirming 2016 pricing. 47 of 413 NORTH SHORE CHANNELNORTH SHORE CHANNELLAKEMICHIGANMcCORMICK BLVDSH E R IDAN RD PARK PL ASHLAND AVEDODGE AVEHURD AVEGIRARD AVELEE STOAK AVE SHERIDAN PL RIDGE CTG R E E N B A Y R D THAYER ST PRATT CTGRANT JENKS ST HAVEN ST PAYNE ST LEON PL P O P L A R A V E GREY AVEHARRISON ST PR A I R I E A V E REBA PL COLFAX ST LEMAR AVEMARCY AVEDAVIS ST MAPLE AVEHARTZELL ST LIBRARY PL SIMPSON ST CLYDE AVEBROWN AVEGREELEYPITNER ALYLAUREL AVEHINMAN AVEDEWEY AVEEWING AVECOWPER AVEKIRK STHOVLAND CTJUDSON AVEGARRETT PLARBORLN FOREST AVEINGLESIDE PK GREY AVEST. MARK'S CTEMERSON ST CAMPUS DRSHERMAN AVEWILDER ST MILBURN PKGARRISON AVETHELIN CT FOREST PLASBURY AVEMICHIGAN AVEWESLEY AVELELAND AVECENTRAL ST CALLAN AVERIDGE TER HULL TER HOWARD ST ISABELLA ST GROSS POINT RDCUSTER AVEEMERSON ST LYONS ST FOWLER AVECLARK S T DARROW AVEPIONEER RDHASTINGS AVEHARTREY AVEBRUMMEL STPRINCETON AVEPROSPECT AVEHAMLIN ST PAYNE ELM AVECASE PLRIDGEWAY AVEMULFORD ST MICHIGAN AVELAWNDALE AVECHURCH S T CRAIN ST DEMPSTER STJACKSON AVEKEDZIE ST CLINTON PL McDANIEL AVEELMWOOD AVESEWARD ST ROSLYN P L E A S T R A I L R O A D A V E FLORENCE AVEBENSON AVESHERMAN PL CULVER FORESTVIEW RDMARTHA LNHAWTHORNE LN WADE CT BROWN AVECROFT LN COLFAX TER BROWNGREYBRI D G E ST CALVIN CIR BROWN AVERICHMOND AVENORMANDY PL WOODLAND RD ELINOR PL KEENEY ST SOUTH BLVD HAMILTON ST GREENWOOD ST UNIVERSITY PLREESE AVEBRUMMEL PL GAFFIELD PLLINCOLNWOOD DRCRAWFORD AVELEONARD PLCENTRAL PARK AVEBENNETT AVEMADISON PL BRADLEY PL GREENLEAF STWALNUT AVEROSALIE ST BURNHAM PL WARREN STLIVINGSTON WASHINGTON ST CLEVELAND ST MONTICELLO PL NATHANIEL PL HARVARD TERWOODBINE AVEMAPLE AVEDOBSON STDEWEY AVEDARROW AVEDEWEY AVEINGLESIDE PL RIDGE AVEASBURY AVEFOWLER AVEHARTREY AVECASE ST SOUTH BLVD ASHLAND AVESHERMAN AVELYONS ST STE W A R T A V EMARCY AVEWELLINGTON CTCLEVELAND ST MONROE ST LINDEN PL LAKE SHORE BLVDKNOX CIRHILLSIDE LN TRINITY CT SHERIDAN SQEDGEMERE CTG R E E N B A Y R D GARNETT PL CENTRAL ST HARRISON RIDGEAVEPAYNE ST WESLEY AVECHURCH ST HARTZELL ST P R A I R I E A V E DODGE AVEOAKTON ST SOUTH BLVD CRAINMcDANIEL AVEPITNER AVELEE ST ASHLAND AVEGROVE ST FOSTER ST ASBURY AVEBARTON AVEGRANT ST BRYANT AVEJUDSON AVESHERMAN AVECOLFAX ST ISABELLA ST DAVIS ST MAIN ST RIDGE AVEASBURY AVET H A Y E R C T THAYER ST ISABELLA ST HAYES DARTMOUTH PL COLFAX PL THAYERTHAYERST C R A W F O R D LINCOLNWOOD DRLIVINGSTON ST CHANCELLOR ST CHANCELLORLIVINGSTON MILBURN ST LAKESIDE CT EUCLIDPARK PL WESLEYCLARK STLYONS ST GREY AVEDEWEY AVEPAYNE ST MAIN STDODGE AVECENTRAL ST McDANIEL AVEEWING AVESHERIDAN RDBRUMMEL STPITNER AVELINCOLN ST HINMAN AVE SEWARD ST WESLEY AVECENTRAL ST KEENEY ST RIDGE AVEOAK AVEJACKSONSHERMAN AVEDOBSON ST LINCOLN ST SEWARD STDARROW AVEGREY AVEPARK PL NOYES ST LAKE ST THAYER ST WASHINGTON ST LAKE STMcDANIEL AVEBROWN AVEAUSTIN STASHLAND AVEWESLEY AVETECH DR NOYES CTHAMPTON PKYOTTO LNBERNARD PLMEADOW-LARK LNRIDGE AVEELGI N R D ELMWOOD AVECOLFAX ST HINMAN AVESIMPSON ST WESLEY AVEOAKTON ST SHERIDAN RD SHERIDAN RD DEMPSTER ST GREY AVELEE ST SIMPSON ST CHICAGO AVECHICAGO AVEBENNETT AVEMADISON ST KEENEY STOAKRIDGE AVESHERIDAN RDGRANT ST ASBURY AVEGROVE S T ELG I N R D FLORENCE AVEFOREST AVEDODGE AVEFOSTER ST MULFORD ST GREENLEAF ST HILLSIDE RD HARTREY AVEHARTREY AVEGREY AVEARNOLD PLPITNER AVELINCOLN ST McCORMICK BLVDFOSTER STGREENWOOD ST CALLANPARK PL JUDSON AVE NOYES ST DARROW AVEASHLAND AVEHARRISON ST HOWARD ST NOYES GLENVIEW RD PRINCETONCLIFFORD ST HIGHLAND AVELAWNDALE AVEDARTMOUTH PL ARTSCIRCLE DRORRINGTON AVEEASTWOOD AVEBROADWAY AVEWASHINGTON ST NORTHWESTERNPL DRYDEN PL 700400 500300600 800200 900 1002600 1700 310012001900 1000 130014002200 2300 11001800280015003600 20002400 2700 34002100 250029001600300032003300 300600 2800 1900 1000 2700 400 2500 1400 800 1700 1600 700220024001400 200500 140020023002000 700 8002600 1200 22001500 16001200100 150013001002900190010005002100 220024001100 1100 2001300 28001000120026001500 2300 1800 2000700 300 900600400240025002000 13001800 300 800 6001100100 500 25002700 1600 17003500260017001800900190090021002300210040038003700Main Road Local Street Railroad Water City Boundary 0 0.5 10.25 Mile 1:31,680 1 inch = 0.5 mile The City of Evanston 1/4/2016 This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information. CityLetterBW.mxd ´ 48 of 413 49 of 413 For City Council meeting of February 22, 2016 Item A3.5 Business of the City by Motion: Foster Field Athletic Lighting Renovations For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Public Works Agency Director Lara Biggs, Bureau Chief – Capital Planning / City Engineer Stefanie Levine, Senior Project Manager Subject: Foster Field Athletic Lighting Renovations (Bid No. 15-67) Date: February 22, 2016 Action: Staff recommends City Council authorize the City Manager to execute a contract for construction of the Foster Field Athletic Lighting Renovations Project (Bid No. 15-67) with Jasco Electric Corporation (2750 Barney Court, McHenry, Illinois 60051), in the amount of $267,765.00. Funding Source: Funding of $236,479 ($25,000 from 2015 and $211,479 from 2016 funds) will be provided by Community Development Block Grants (Account 215.21.5275.62800) and $39,186 from the Capital Improvement Program (CIP) General Obligation Bonds (Account 416.40.4116.65502 – 516003). A budget amendment for the CDBG Fund is scheduled for April 2016. Background Information: Existing athletic lights at Foster Field (located just north of the Fleetwood-Jourdain Center) are over 40 years old and in deteriorated condition. Engineering documents to replace the system which serves youth football and baseball were developed in 2015. The new system includes new pole mounted athletic and security lights as well as new system controls. The new system includes a 25 year warrantee with lamp replacements which will reduce maintenance expenses. Analysis: This bid was advertised in the Chicago Tribune on January 7, 2016. Bids for the project were received on February 2, 2016. Four bids were received: Memorandum 50 of 413 Contractor Address Base Bid Alternate 1 Base Plus Alternate 1 Jasco Electric 2750 Barney Court, McHenry, IL 60051 $267,765.00 -$10,150.00 $257,615.00 Utility Dynamics Corp. 23 Commerce Drive, Oswego, IL 60543 $316,415.00 $4,100.00 $320,515.00 Adlite Electric 1355 E. Golf Road, Des Plaines, IL 60016 Non-responsive Barton Electric 247 State Route 160, Trenton, IL 62293 Non-responsive The submitted bids cannot be withdrawn or canceled for a period of sixty (60) calendar days following the bid opening, or until April 2, 2016. The bids were reviewed by Stefanie Levine, Senior Project Manager. Alternate bid 1 requires direct tapping of the existing main electrical board to feel each pole individually in lieu of grouped 100 amp feeds from available distribution panels. It was anticipated that this alternate would have reduced wire size, thus lowering material costs. Unfortunately after field inspection of the main electrical board, it has been determined that physical space within the board does not exist for the required connections associated with this alternate. As a result, this alternate is not feasible. Staff recommends that the contract be awarded to Jasco Electric Corporation in the amount of $267,765.00. This project is scheduled to be completed by May 27, 2016. A breakdown of funding for this project is as follows: Account Summary Project Funding (detailed above) $281,615.00 Encumbrances / expenditures to date -$7,900.00 Recommended award -$267,765.00 Balance Remaining $5,950.00 Jasco Electric Corporation has completed various projects for the City and staff has found their work to be satisfactory. A review of the project for compliance with the City’s M/W/EBE program goals is attached. Legislative History: None Attachments: Memo on M/W/EBE Compliance, dated 2/22/2016 51 of 413 Bid 15-67, Foster Field Athletic Lighting Renovations, M/W/EBE Waiver Memo, 02.22.2016 To: David Stoneback, Public Works Agency Director Lara Biggs, Bureau Chief – Capital Planning / City Engineer Stefanie Levine, Senior Project Manager From: Tammi Turner, Purchasing Manager Subject: Foster Field Athletic Lighting Renovations, Bid 15-67 Date: February 22, 2016 The goal of the Minority, Women and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City’s goal is to have general contractors utilize M/W/EBEs to perform no less than 25% of the awarded contract. With regard to the Foster Field Athletic Lighting Renovations, Bid 15-67, Jasco Electric Corporation, is found to be in partial compliance with the goal. Jasco Electric Corporation’s, total base bid is $267,765.00, and they will receive credit for 10% M/W/EBE participation. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Evergreen Supply Co. 9901 S. Torrence Ave. Chicago, IL 60617 Construction Materials $26,776.50 10% X Total M/W/EBE $26,776.50 10% Jasco Electric Corporation has requested a waiver for the remaining 15% MWEBE participation goal. A 15% MWEBE waiver is granted. CC: Martin Lyons, Acting City Manager / CFO Memorandum 52 of 413 For City Council meeting of February 22, 2016 Item A3.6 Business of the City by Motion: Fountain Square Renovations For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Public Works Agency Director Lara Biggs, Bureau Chief – Capital Planning / City Engineer Stefanie Levine, Senior Project Manager Subject: Fountain Square Renovations (RFP No. 15-68) Date: February 22, 2016 Action: Staff recommends City Council authorize the City Manager to execute Phase I of an engineering services contract for Study and Concept Design Services for the Fountain Square Renovation Project (RFP No. 15-68) with Christopher B. Burke Engineering, Ltd (9575 W. Higgins Road, Suite 600, Rosemont, IL 60018), in the amount of $183,321.50. Funding Source: Funding will be provided from the Washington National TIF and expenses will be tracked in the Capital Improvements Fund, Account 415.40.4126.62145 – 589105). This project was budgeted for design and initial construction at $2,000,000 in FY 2016. Additional funding of approximately $2.7 million will need to be budgeted in FY 2017 and may be budgeted in other funds (Capital Projects, Water, Sewer, Parking and Economic Development) depending on the total future allocation of Washington National TIF expenses. Background Information: Fountain Square has been the heart of downtown Evanston since 1854 and is critical to the City’s identity. The site has seen a variety of configurations over the years with the existing plaza and fountain installed in 1976. The site is used for a wide range of public activities including Memorial and Veteran’s Day services, holiday celebrations, summer festivals, public forums and casual seating for area residents, downtown employees and visitors. Due to age and intense use, the existing plaza and fountain have deteriorated. Specific system deficiencies include leaking basin walls, aging and inoperable mechanical equipment, inoperable lighting and failing paving and seating. Additionally, the site’s small size and configuration provide limited space and flexibility for public use and the Memorandum 53 of 413 existing design is both outdated and generally unappealing within the context of the downtown’s contemporary core. The western streetscape on the 1600 block of Sherman Avenue was reconstructed as a part of the Sherman Plaza redevelopment project in 2007. The eastern streetscape, the 100 year old water main serving the block and the roadway itself however were not improved as a part of that project. The 1500 block of Sherman/Orrington contains a large and underutilized central landscaped island as well as potentially excessive roadway pavements, creating an opportunity to capture and integrate additional pedestrian oriented space immediately adjacent to the challenged Fountain Square site. Currently, the following improvements are anticipated to address the above deficiencies: 1. Fountain Square Plaza: Construct a new fountain square plaza including enhanced roadway pavements east, west and south of the plaza. Improvements will include a water feature, Veteran’s Memorial, permanent holiday tree, seating, lighting, landscaping and other features as determined through the public engagement process. 2. 1600 Block of Sherman Avenue: Replace the 100 year old 6” water main with a new 12” water main and resurface the roadway between Church Street and Davis Street. Evaluate and potentially widen sidewalks on the east side of the street while also providing streetscape enhancements. Evaluate lane reductions within this block to achieve the potential sidewalk widening. 3. 1500 Block of Sherman/Orrington: Evaluate and potentially enhan ce and enlarge the triangular landscape island within this block including adjacent roadway pavements to create a flexible expanded pedestrian environment and shared street. Evaluate lane reductions within this block to achieve the potential island widening. Features designated for the main plaza above may be incorporated into this section of the project as determined through the public engagement process. Analysis: On November 19, 2015 the City issued a Request for Proposal for consultants to provide architectural/engineering services for the items outlined above. On January 5, 2016 proposals were received from the following nine consulting firms: Consultant Address Proposal Cost CCJM Engineers, Ltd. Two North Riverside Plaza, Suite 1050, Chicago, IL $611,896.84 Christopher B. Burke Engineering, Ltd. 9575 W. Higgins Road, Suite 600, Rosemont, IL $561,344.50 HLR 380 Shepard Drive, Elgin, IL 60123 $552,444.22 Kettelkamp & Kettelkamp Landscape Architecture 1315 Sherman Place, Evanston, IL 60201 $723,231.33 Primera Engineers, Ltd. 100 S. Wacker Drive, Suite 700, Chicago, IL $639,918.00 Ratio 455 N. Cityfront Plaza Dr., Suite 1800, Chicago, IL $704,190.00 Site Design Group, Ltd. 888 S. Michigan Ave, Suite 1000, Chicago, IL $444,180.00 SmithGroup JJR 35 E. Wacker Drive, Suite 2200, Chicago, IL $732,430.00 Terra Engineering, Ltd. 225 W. Ohio Street, 4th Floor, Chicago, IL $684,253.00 54 of 413 A selection committee consisting of members from the Public Works Agency, Administrative Services Department, City Manager’s Office and Downtown Evanston reviewed the proposals and scored the firms for selection. A summary table of the scoring results is below: Consultant Qualifications and Expertise (25) Project Understanding (25) Price (20) Organization and Completeness of Proposal (10) Willingness to Execute City Contract (10) M/W/EBE Participation (10) Total (100) CCJM Engineers, Ltd. 15 14 18 9 10 10 76 Christopher B. Burke Engineering, Ltd. 23 23 20 10 10 8 94 HLR 17 18 20 10 10 8 83 Kettelkamp & Kettelkamp Landscape Architecture 20 18 15 8 10 9 80 Primera Engineers, Ltd. 18 17 17 8 10 9 79 Ratio 16 18 15 8 5 8 70 Site Design Group, Ltd. 20 19 15 7 10 10 81 SmithGroup JJR 23 22 15 9 5 10 84 Terra Engineering, Ltd. 23 20 16 10 10 9 88 Following scoring, interviews were conducted with the top three candidate firms (Christopher B. Burke Engineering, SmithGroup JJR and Terra Engineering) to assess their overall expertise and project understanding. At the conclusion of the interviews, the review committee unanimously selected Christopher B. Burke Engineering for this project based on their extensive experience in this type work and excellent understanding of this unique project. Based on the scoring results, staff recommends award to Christopher B. Burke Engineering. As noted below, the total costs for the engineering services are broken down into multiple tasks. Task 1 and 2 represent the data collection, study, and concept design phase of the project. A small reimbursable budget has also been included to address printing and mailing costs associated with this work. Staff recommends the City Council authorize the City Manager to enter into an agreement with Christopher B. Burke Engineering for Phase I costs at a not to exceed amount of $183,321.50* as noted in the table on the next page.. 55 of 413 *The above table totals to $180,721.50 but does not include a prorated share of reimbursable expenses of $2,600 to arrive at the total amount$183,321.50 The remaining costs included in RFP 15-68 of $378,023.01 for construction drawings, bidding and construction engineering will be brought back to the City Council upon approval of Phase I design work. Staff has worked extensively in the past with Christopher B. Burke Engineering with highly successful outcomes. A breakdown of funding for this project is as follows: Account Summary Project Funding (FY 2016 only) $2,000,000.00 Encumbrances / expenditures to date -$0.00 Recommended award -$183,321.50 Balance Remaining $1,816,678.50 A review of the project for compliance with the City’s M/W/EBE program goals is attached. Legislative History: Council authorization to proceed with RFP (Item SP4, 10/19/2015) Attachments: Memo on M/W/EBE Compliance, dated 02/22/2016 56 of 413 RFP 15-68, Fountain Square Renovations, M/W/EBE Memo, 02.22.2016 To: David Stoneback, Public Work Agency Director Lara Biggs, Bureau Chief – Capital Planning / City Engineer Stefanie Levine, Senior Project Manager From: Tammi Turner, Purchasing Manager Subject: Fountain Square Renovations, RFP 15-68 Date: February 22, 2016 The goal of the Minority, Women and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City’s goal is to have general contractors utilize M/W/EBEs to perform no less than 25% of the awarded contract. With regard to the recommendation for the Fountain Square Renovations, RFP 15-68, Christopher Burke Engineering’s total base bid is $183,321.50, and they will receive 48.3% credit for compliance towards the initial M/W/EBE goal. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Fish Transportation 801 South Blvd., Ste. 5 Oak Park, IL 60302 Traffic Data Collection $8,500.00 4.6% X Teska Associates 627 Grove Street Evanston, IL 60201 Landscape Architecture $80,150.00 43.7% X Total M/W/EBE $88,650.00 48.3% CC: Martin Lyons, Assistant City Manager/CFO Memorandum 57 of 413 For City Council meeting of February 22, 2016 Item A4.1 Business of the City by Motion: Police/Fire HQ Data Center – Emergency Construction Services, Change Order 2 For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Public Works Agency Director Lara Biggs, Bureau Chief – Capital Planning / City Engineer Stefanie Levine, Senior Project Manager Subject: Police/Fire Headquarters Data Center – Emergency Construction Services Change Order No. 2 Date: February 22, 2016 Recommended Action: Staff recommends City Council authorize the City Manager to approve Change Order No. 2 to the agreement with Nesko Design/Build Electric (3111 S. 26th Avenue, Broadview, IL) for the Police/Fire Headquarters Data Center Emergency Construction Services project. This change order extends the project’s completion date by 46 days from February 8, 2016, to March 25, 2016. There is no change to the contract cost for this change order. Funding Source: Funding will be provided from the Capital Improvement Program (CIP) General Obligation Bonds (Account 415.40.4116.65502 – 415179) and from E911 Funds (Account 205.22.5150.65625). This is an emergency project and was not budgeted in 2015 or 2016. Background Information: On December 14, 2015, City Council approved award of the Police/Fire Headquarters Data Center – Emergency Construction Services to Nesko Design/Build Electric who is currently in the process of providing the following emergency construction services in order to provide adequate power service to the data center located at the Police/Fire Headquarters building: 1. Installation of a new 40kVA UPS in the building’s basement 2. Installation of a new cooling/exhaust system for the UPS including architectural modifications in the basement to provide security for the device 3. Installation of a new 225 amp distribution panel routed to the data center from the main electrical service in the basement and a new 100 amp distribution panel serving the UPS’s cooling/exhaust system. Memorandum 58 of 413 4. Connection of the new UPS system to the Siemens building automation system as well as alarm notification to the 911 Center to indicate UPS activation. On January 28, 2016, Change Order No. 1 in the amount of $4,270.00 was authorized to replace an additional power panel that was not included in the original scope but was later determined to be damaged and not reusable. The overall contract amount was not increased; instead the cost for this came from a construction contingency line item that was built into the contract to account for additional needed repairs that were not identified in advance because of the emergency nature of the contract. The initial maximum contingency amount was $13,340. Following Change Order No. 1, $9,070 remains unused. Analysis: At the time Nesko’s contract was executed, the anticipated procurement schedule for this project was not available. Now that materials have been ordered and a realistic construction timeline has been established, Nesko has prepared a construction schedule which anticipates completion by mid-March 2016. Staff therefore recommends approval of Change Order #2 which extends the substantial completion date until March 25, 2016. There is no change to the contract price as a result of this change order. Legislative History: On December 14, 2015, the City Council awarded the construction contract to Nesko. On January 28, 2016, Change Order No. 1 was authorized in the amount $4,270.00. Attachments: Change Order No. 2 59 of 413 60 of 413 For City Council meeting of February 22, 2016 Item A4.2 Business of the City by Motion: Change Order 2 for Standpipe Repair & Painting 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: Approval of Change Order No. 2 for Repair & Repainting of North and South Standpipes (Bid 15-03) Date: January 28, 2016 Recommended Action: Staff recommends that City Council authorize the City Manager to execute Change Order No. 2 for the Repair & Repainting of North and South Standpipes (Bid 15-03) with American Suncraft Company, Inc. (10836 Schiller Road, Medway, OH). This change order will increase the contract amount by $231,602.69, from $3,271,043 to $3,502,645.69. It will also extend the contract duration by 162 days from December 21, 2015 to May 31, 2016. Funding Source: This project is funded from the Water Fund (account 513.71.7330.65515 – 733092) with a multi-year budget of $3,500,000 for engineering and construction. The remainder of the total project cost over the $3.5 million budget will come from account 513.71.7330.65515 – 733094 (Treated Water Storage Replacement). This funding is available due to a change in the construction schedule, which will shift much of the construction cost for the water storage project from FY 2016 to FY 2017 instead. Background: This contract includes repair and repainting of Evanston’s North and South Standpipes. The North Standpipe stores 7.5 million gallons of water and is located at Gross Point Road and Central Street. The South Standpipe stores 5 million gallons and is located at Cleveland Street and Hartrey Avenue. These standpipes help maintain water system pressure, provide water for firefighting, and can provide emergency water supply in the event of outages at the water treatment plant. Memorandum 61 of 413 The initial contract award to American Suncraft Company, Inc. in the amount of $3,271,043 was approved by City Council on February 23, 2015. The project includes sandblasting to remove all previously applied paint from the inside and outside of the standpipes, repair of structural defects, modifications for operational improvements, and repainting. Work at the North Standpipe began in April 2015 and concluded in early September 2015. The contractor then moved to the South Standpipe in mid-September. Work proceeded there until late December 2015, and proceeded to a point that allowed the South Standpipe to be refilled and returned to service. However, exterior painting and miscellaneous repairs to the South Standpipe could not be completed before winter weather shut down the project for the year. Analysis: The sandblasting and repainting process is highly weather dependent. If it is too windy, it is not safe to raise the containment curtain that protects the surrounding area from dust and debris while the outside is being sandblasted. Precipitation is also a major factor, as paint can only be applied during dry conditions. From May through July 2015, precipitation fell on 32 of 66 working days. High winds also preceded several of the rain events. The high humidity caused by recurring rain in May – July necessitated a modified approach to sandblasting, which utilizes an abrasive grit mixture sprayed against the tank to remove existing paint. The recyclable sandblasting media the contractor intended to use is not effective at high humidity levels, and the necessary switch to a non-recyclable material resulted in additional material and waste removal costs. The contractor continued using the non-recyclable material through the remainder of the project in an attempt to get back on schedule, as it is more efficient at removing paint. Due to weather delays, the contractor’s progress on the North Standpipe was significantly slowed. Instead of completing work at the North Standpipe in July as planned, the contractor did not finish until September. This delayed the start of work at the South Standpipe, which extended the project into the fall. Mild temperatures and calm weather in September and October initially allowed steady progress at the South Standpipe, but by November the combination of dropping temperatures, rising wind speeds, and precipitation on 10 of 19 working days significantly slowed progress again. Recurring precipitation and colder weather in December continued to delay project completion (painting can only be done above 32º F, and overnight lows averaged 33º F in December). The contractor rented heating equipment, which allowed work to continue, but this incurred additional equipment costs. The compound effect of the various weather delays extended the project well beyond the envisioned completion date. This resulted in additional costs for lodging and labor that were not accounted for in the contractor’s bid. 62 of 413 The total change order requested by the contractor is broken down below. Along with the additional costs already incurred by the contractor, the request includes an estimated cost to remobilize crews and equipment in the spring. The contractor has confirmed in writing that they have no plans at this time to request any additional reimbursement when their crews return to complete the project in spring 2016. Description Justification Requested Cost Sandblasting media Additional expense of using non-recyclable media instead of recyclable media $028,399.81 Waste removal Additional sandblasting media disposal resulting from using non-recyclable media $013,200.00 Equipment rental and fuel/power Equipment needed to maintain acceptable painting temperatures in colder weather $032,680.61 Lodging Additional expense due to extended project completion timeline $012,942.77 Labor Additional expense due to extended project completion timeline $135,999.00 Remobilization Cost to remobilize the contractor’s crews in Spring 2016 to return to Evanston to complete the project $008,380.50 Total $231,602.69 Staff has reviewed the weather history, lost work days, and compensatory measures taken by the contractor throughout this project. Staff believes that the additional requested costs are reasonable given the inordinate level of weather-related delays to this project. Further, these costs represent a sustained effort on the part of the contractor to at least complete the project to the point where both standpipes could be returned to service before the end of 2015. Funding Analysis: The multi-year budget for engineering and construction on this project is $3,500,000. As shown in the table below, the original contract amounts for engineering and construction services totaled about $3.4 million. The requested change orders from the contractor and the consulting engineer due to weather related delays would bring the total project cost to just under $3.7 million. Description American Suncraft (Contractor) TIC (Engineer) Total Original Contract Amount $3,271,043.00 $141,720.00 $3,412,763.00 Change Orders $0,231,602.69 $054,217.42 $0,285,820.11 Final Contract Amount $3,502,645.69 $195,938.42 $3,698,583.11 63 of 413 Legislative History: The City Council approved contract award to American Suncraft Company, Inc. on February 23, 2015. The City Council approved Change Order No. 1 with American Suncraft Company, Inc. on October 26, 2015. Attachments: Proposed Change Order No. 2 64 of 413 65 of 413 For City Council meeting of February 22, 2016 Item A4.3 Business of the City by Motion: Change Order 2 for North & South Standpipe Engineering Support Services 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: North and South Standpipe Rehabilitation Engineering Support Services (RFP 13-61) – Change Order No. 2 Date: January 28, 2016 Recommended Action: Staff recommends that City Council authorize the City Manager to execute Change Order No. 2 to an agreement for North and South Standpipe Rehabilitation Engineering Support Services (RFP 13-61) with Tank Industry Consultants (7740 West New York Street, Indianapolis, IN) in the not-to-exceed amount of $14,473.97, increasing the contract amount from $181,464.45 to $195,938.42. It will also extend the contract duration by 152 days from December 31, 2015 to May 31, 2016. Funding Source: This project is funded from the Water Fund (account 513.71.7330.65515 – 733092) with a multi-year budget of $3,500,000 for engineering and construction. The remainder of the total project cost over the $3.5 million budget will come from account 513.71.7330.65515 – 733094 (Treated Water Storage Replacement). This funding is available due to a change in the construction schedule, which will shift much of the construction cost for the water storage project from FY 2016 to FY 2017 instead. Background: This contract includes design and construction engineering services for repair and repainting of Evanston’s North and South Standpipes. The North Standpipe stores 7.5 million gallons of water and is located at Gross Point Road and Central Street. The South Standpipe stores 5 million gallons and is located at Cleveland Street and Hartrey Avenue. These standpipes help maintain water system pressure, provide water for firefighting, and can provide emergency water supply in the event of service outages at the water treatment plant. Memorandum 66 of 413 The initial contract award to Tank Industry Consultants (TIC) in the amount of $141,720 was approved by City Council on November 25, 2013. The scope of work includes inspection and preliminary design, detailed design, bidding assistance, and engineering services during construction. Construction engineering services began in April 2015 when work began at the North Standpipe, and extended through December 12, 2015 before the project was shut down for the year due to prohibitively cold temperatures. TIC staff will need to return in spring 2016 to observe the completion of painting and miscellaneous repairs at the South Standpipe. Analysis: The sandblasting and repainting process is highly weather dependent. If it is too windy, it is not safe to raise the containment curtain that protects the surrounding area from dust and debris while the outside is being sandblasted. Precipitation is also a major factor, as paint can only be applied during dry conditions. From May through July 2015, precipitation fell on 32 of 66 working days. High winds also preceded several of the rain events. In the engineering services proposal submitted by TIC in 2013, construction engineering costs were budgeted based on a 12-week construction timeframe for each standpipe. However, due to the unusually wet weather in May – July, construction at the North Standpipe took 20 weeks. In October 2015, TIC requested a change order to compensate them for the additional 8 weeks of work at the North Standpipe, anticipating that work at the South Standpipe would be completed within the planned 12-week time frame. However, weather delays slowed work at the South Standpipe in November, extending the work to 13 weeks before the project was shut down for the winter. TIC is requesting a second change order to compensate them for the additional week spent at the South Standpipe in December 2015, and two additional weeks of work at the South Standpipe when they return in spring 2016 to observe completion of the work there (three weeks total). Staff recommends increasing the contract amount by $14,473.97 as requested by TIC, which includes $4,221.97 for work already completed the week ending December 12, 2015, and $5,126 per week for two weeks in the spring. Funding Analysis: The multi-year budget for engineering and construction on this project is $3,500,000. As shown in the table below, the original contract amounts for engineering and construction services totaled about $3.4 million. The requested change orders from the contractor and the consulting engineer due to weather related delays would bring the total project cost to just under $3.7 million. Description American Suncraft (Contractor) TIC (Engineer) Total Original Contract Amount $3,271,043.00 $141,720.00 $3,412,763.00 Change Orders $0,231,602.69 $054,217.42 $0,285,820.11 Final Contract Amount $3,502,645.69 $195,938.42 $3,698,583.11 67 of 413 Legislative History: The City Council approved contract award to Tank Industry Consultants on November 25, 2013. The City Council approved Change Order No. 1 with Tank Industry Consultants on October 26, 2015. Attachments: Proposed Change Order No. 2 68 of 413 69 of 413 For City Council meeting of February 22, 2016 Item A5 & A6 Resolution 5-R-16: Intergovernmental Agreement with Chicago for Divvy Bike Share Program Resolution 14-R-16: Agreement with Motivate International, Inc., for Operation of the Divvy Bike Program For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Mark Muenzer, Director of Community Development Katherine Knapp, Transportation & Mobility Coordinator Subject: (A5) Resolution 5-R-16: Intergovernmental Agreement with the City of Chicago for the operation of Divvy Bike Stations in Evanston (A6) Resolution 14-R-16 : Operator Agreement with Motivate International, Inc., for the operation of the Divvy Bike program in the City of Evanston Date: February 11, 2016 Recommended Action Staff recommends City Council adoption of Resolution 5-R-16 authorizing the City Manager to negotiate and execute an Intergovernmental Agreement with the City of Chicago and Resolution 14-R-16 authorizing the City Manager to execute an Operator Agreement with Motivate International Inc. to implement the Divvy Bike Share program in Evanston. Funding Source: A cost match in the amount of $80,000 is required to match the funding provided by the State of Illinois Department of Transportation and is budgeted for FY 2016 in the Parking Fund Account: 505.19.7005.62603. City staff continues to explore financial support from community partners and is in the process of finalizing station sponsorships and advertising agreements. Summary In November, 2014, City Council approved Resolution 87-R-14. Through Resolution 87- 4-14, Council accepted participation in the Divvy expansion to Evanston and authorized the City Manager to negotiate an intergovernmental agreement with the City of Chicago on the program expansion. Staff now seeks Council’s expanded authorization for the City Manager to execute an intergovernmental agreement with the City of Chicago, and negotiate and execute an operator agreement with Motivate International Inc. Memorandum 70 of 413 Page 2 The City of Evanston is partnering with the City of Chicago and the Village of Oak Park to expand the Divvy bicycle-sharing program (Divvy) to Evanston. This expansion is being made possible by a $3 million investment from the State of Illinois Department of Transportation to add 700 new bikes and 70 docking stations in Evanston, Oak Park and Chicago neighborhoods. The City of Evanston was awarded 80 bicycles at eight docking stations. The City of Chicago launched Divvy in the spring of 2013 and today has over 4,700 bikes and 470 stations across Chicago. Divvy provides individuals with access to bicycles for short-term use at automated bicycle rental stations and is designed for short point to point journeys, aiming to provide a transportation alternative to driving, transit or walking and cover that last mile gap between a transit station and one’s destination. Following Council’s approval of the station siting proposals, Staff developed specific location siting proposals through site visits and conversations with station sponsors, external bike stakeholder groups, aldermen and local businesses. The station proposals were then vetted with colleagues from the Chicago Department of Transportation and Motivate to assure conformity with the existing system and ease of use for the bike share users, and maintenance and operation crews. Next Steps Staff will continue to work with Motivate on final location designations, based on space, right-of-way, and ADA access among other considerations. Once the specific locations have been established, staff will develop the site plans for Motivate’s use in installing the stations in June, 2016. Staff will also begin working with Motivate to coordinate the delivery and installation schedule for the bikes and stations. Prior to Divvy’s launch, staff will work with Motivate on finalizing and deploying a pre- launch marketing plan that aligns to springtime community activities, utilizes the City’s existing electronic news delivery services, and explores outreach opportunities with wards, businesses and healthy, active transportation organizations. The marketing plan will seek to raise the community’s awareness of Divvy’s expansion into Evanston, promote safe bicycling behavior and promote the functionality of Divvy as a commuting and recreational tool for community members and visitors. Legislative History Resolution 87-R-14 Resolution 50-R-13 Attachments Attachment 1 - Resolution 5-R-16 Attachment 2 - Resolution 14-R-16 Attachment 3 - Divvy Bike Station Location Map 71 of 413 2/3/2015 5-R-16 A RESOLUTION Authorizing the City Manager to Negotiate and Execute an Intergovernmental Agreement with the City of Chicago for the operation of Divvy Bike Stations in Evanston WHEREAS, pursuant to Section 10 of Article VII of the Illinois Constitution of 1970 and the Illinois Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.), public agencies may contract or otherwise associate among themselves, or transfer any power or function, in any manner not prohibited by law or ordinance; and WHEREAS, the City of Evanston and the City of Chicago (“Chicago”) are “public agencies” within the meaning of the Illinois Intergovernmental Cooperation Act and the aforementioned public agencies desire to enter into an intergovernmental agreement to share resources; and WHEREAS, Chicago has received grant funding totaling $28,000,000 (the “Grant Funds”) from the federal government to pay for the cost of purchase and installation of the infrastructure of a bike sharing system within Chicago (the “System”), which will be supplemented by City of Chicago funds totaling approximately $6,500,000; and WHEREAS, Chicago desires to act as a fiscal agent to a portion of the Grant Funds to the City of Evanston in the amount of $320,000, (the “Evanston Pass- Through Grant”) and Evanston will provide no less than $80,000 in funds to supplement the Evanston Pass-Through Grant (the “Local Match Funds”); and 72 of 413 5-R-16 - 2 - WHEREAS, Chicago and Evanston desire to enter into an intergovernmental agreement to outline the responsibilities of the parties with respect to the bicycle sharing system for operation of the Evanston stations (the “Intergovernmental Agreement”); and 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 Intergovernmental Agreement with City of Chicago, attached as Exhibit 1 and incorporated herein by reference. The Intergovernmental Agreement will be approved as to fo rm by the City’s Corporation Counsel prior to execution. SECTION 2: Resolution 5-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 73 of 413 5-R-16 - 3 - EXHIBIT 1 INTERGOVERNMENTAL AGREEMENT 74 of 413 1 S:\SHARED\Finance\IGAs\CDOT\Bike Sharing (DIVVY)\Oak Park and Evanston\Evanston\Evanston Bike Sharing Program IGA v.6.docx INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF CHICAGO AND THE CITY OF EVANSTON REGARDING THE CHICAGO CITY-WIDE BIKE SHARING SYSTEM This Intergovernmental Agreement (the “Intergovernmental Agreement”) is made and entered into this __th day of__________, 20__ by and between the City of Chicago (the “City”), a municipal corporation and home rule unit of government under Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois, by and through its Department of Transportation, and the City of Evanston (“Evanston”), a municipal corporation and home rule unit of government under Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois. The City and the Evanston are sometimes referred to herein individually as a “Party” and tog ether as the “Parties.” RECITALS WHEREAS, the City has received grants totaling $28,000,000 (the “Grant Funds”) from the federal government to pay for the costs of purchase and installation of the infrastructure of a bike sharing system within Chicago (the “System”), which will be supplemented by City funds in the amount of approximately $6,500,000; and WHEREAS, the City desires to act as a fiscal agent to a portion of the Grant Funds in the amount of $320,000 that will be granted to Evanston (the “Evanston Pass-Through Grant”) for the purpose of Evanston acquiring a substantially identical bicycle sharing system to the System such that the two systems will, inter alia, (i) be interoperable, (ii) share a brand identity through a licensing arrangement described herein, and (iii) may share certain costs and revenues in a manner described herein; and WHEREAS, the City, as the fiscal agent, will provide the Evanston Pass-Through Grant through direct payments to the Bicycle Sharing Provider, as hereinafter defined, for costs related to the Evanston Project, as hereinafter defined; and WHEREAS, Evanston is required to provide no less than $80,000 as the local match funds for the Evanston Pass-Through Grant (the “Local Match Funds”); and WHEREAS, Evanston will provide the Local Match Funds through direct payments to the Bicycle Sharing Provider, as hereinafter defined, for eligible costs in connection with the Evanston Project, as hereinafter defined; and WHEREAS, Evanston will be the owner of all Bicycle Stations, as hereinafter defined, used in the Evanston System, as hereinafter defined; and WHEREAS, the City is the owner of Federal trademark registrations for the marks “Divvy” (Reg. No. 4802363) and “Divvy and Design” (Reg. No. 4802362) and various trademarks, service marks, logos, trade dress and the like used in connection with the System and is the owner of for the Bike Sharing System (the “System Marks”); and WHEREAS, Evanston desires that the Evanston System use the System Marks; and 75 of 413 2 WHEREAS, the City has entered into an agreement (the “Bicycle Sharing Agreement”) with Motivate International, Inc. (the “Bicycle Sharing Provider”), for the Bicycle Sharing Provider to procure, install, operate and maintain the equipment necessary for the System (the installation, operation, maintenance of the equipment, displaying advertising on, repairing, replacing, dismantling and removing Bicycle Stations necessary for the System by the Bicycle Sharing Provider pursuant to the Bicycle Sharing Agreement shall be known herein as the “Project”); and WHEREAS, the Bicycle Sharing Provider is licensed to use the System Marks in operating the System and related systems, including the Evanston System, subject to all restrictions and quality control provisions exercised by the City; and WHEREAS, it is anticipated that Evanston will also enter into an agreement substantially similar to Bicycle Sharing Agreement (the “Evanston Bicycle Sharing Agreement”) with the Bicycle Sharing Provider, for the Bicycle Sharing Provider to operate and maintain the equipment necessary for a bike sharing system in the City of Evanston, including all or most of the same service metrics as in the Bicycle Sharing Agreement (the “Evanston System,” and collectively with the System, the “Entire System”)(the installation, operation, maintenance of the equipment, displaying advertising on, repairing, replacing, dismantling and removing Evanston Bicycle Stations necessary for the System by the Bicycle Sharing Provider pursuant to the Evanston Bicycle Sharing Agreement shall be known herein as the “Evanston Project,” and collectively with the Project, the “Entire Project”); and WHEREAS, the City has entered into an agreement with Outfront Media LLC (f/k/a Van Wagner Communications, LLC), a New York limited liability company (“Outfront”) to install, maintain, and remove advertising in connection with the System (the “Advertising Provider Agreement”)(Outfront and its subcontractors will be collectively known as the “Advertising Provider”); and WHEREAS, the Entire System shall benefit the Parties’ residents, businesses and visitors by improving the environment and increasing the amenities of the Parties by providing an additional convenient transportation option; and WHEREAS, the Evanston Project shall require that the Bicycle Sharing Provider install, operate and maintain certain necessary equipment (bicycles and related equipment known as “Bicycle Stations”) on and at specific locations on and at property owned (or otherwise legally controlled) by the Evanston (such property shall be known as “Evanston Property,” such Bicycle Stations shall be known as “Evanston Bicycle Stations,” and such locations shall be known as “Evanston Bicycle Station Locations”); and WHEREAS, the Entire Project shall therefore require that the Evanston grant (or cause to be granted to): (1) the Bicycle Sharing Provider and its contractor(s) and subcontractors (the Bicycle Sharing Provider, its contractors and subcontractor shall be known collectively as the “Contractors”) and the Advertising Provider, appropriate rights of entry and access to the Evanston Bicycle Station Locations for purposes of installing, operating, maintaining, displaying advertising on, repairing, replacing, dismantling and removing the Evanston Bicycle Stations; and (2) members of the public (the “Member”) appropriate rights of entry and access to the Evanston Bicycle Station Locations for purposes of using the Evanston Bicycle Stations and the System; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: TERMS AND CONDITIONS ARTICLE ONE: INCORPORATION OF RECITALS; DEFINITIONS 76 of 413 3 The recitals set forth above are incorporated herein by reference and made a part hereof. Any capitalized term used, but otherwise not defined, herein shall have the same meaning as ascribed to it in the Bicycle Sharing Agreement. ARTICLE TWO: THE BICYCLE SHARING AGREEMENT, THE VILLAGE BICYCLE STATIONS AND THE VILLAGE BICYCLE STATION LOCATIONS 1. Evanston hereby acknowledges and agrees to comply with (i) all applicable terms and conditions of the Bicycle Sharing Agreement and (ii) the City’s exercise of the control over the quality of the goods and services offered under the System Marks through its license with Motivate, all of which will be no more onerous than that which the City exercises over the System, all as directed by the City. Evanston acknowledges that City is the owner of the System Marks and that Evanston has no ownership interest in the System Marks. 2. Evanston shall not act or fail to act in such a manner as to cause the City or the Bicycle Sharing Provider to violate or be in default under the Bicycle Sharing Agreement. 3. Evanston, prior to entering into the Evanston Bicycle Sharing Agreement, shall furnish the City with a copy for the City’s review and approval. 4. Evanston will determine potential Evanston Bicycle Station Locations (the “Potential Evanston Bicycle Station Locations”). Evanston shall use as its basis for the proper siting of the Bicycle Station Locations such factors as reservation of sites for future projects, aesthetics, crowd and traffic control, general safety and visibility, landscaping issues, and other factors which may affect the mission of the Evanston. The Illinois State Historic Preservation Officer (SHPO) shall be given the opportunity to review all Potential Evanston Bicycle Station Locations to ensure that they meet the Secretary of Interior’s standard for rehabilitation and guidelines for rehabilitating historic buildings as contained in 36 CFR 67 and concur in a finding of no adverse effect pursuant to 36 CFR 800. 5. In addition to the Evanston Bicycle Stations funded from the proceeds of the Evanston Pass-Through Grant, Evanston may install additional Bicycle Stations funded by other sources. Such Bicycle Stations shall be considered Evanston Bicycle Stations, a part of the Evanston System and therefore a part of the Entire System, and subject to all of the terms and conditions of this Intergovernmental Agreement. 6. Evanston shall provide, or cause to be provided, to the City and Contractors the relevant information and documentation (including documentation evidencing Evanston’s ownership or control of Evanston Property) regarding the Potential Evanston Bicycle Station Locations, the Evanston Bicycle Station Locations, and, to the extent necessary, the applicable Evanston Property(ies) necessary for purposes of installing, operating, maintaining, displaying advertising on, repairing, replacing, dismantling and removing Evanston Bicycle Stations. Evanston shall provide any and all permits to install said Evanston Bicycle Stations at no cost to the Contractors. 7. Evanston hereby grants to the City, the City’s agents and employees, Contractors and the Advertising Provider a right of entry to Evanston Bicycle Station Locations and, to the extent necessary, the applicable Evanston Property(ies) for purposes of (i) installing, operating, maintaining, displaying advertising on, repairing, replacing, dismantling and removing the Evanston Bicycle Stations and (ii) inspection of compliance with quality standards that the City enforces with the System. Five days prior to the installation of such Evanston Bicycle Station, the Bicycle Sharing Provider shall provide written notice to Evanston’s representative identified in Article Twenty of its intention to install Evanston Bicycle Stations and its associated infrastructure, subject to Evanston’s approval, which may include the necessity of opening 77 of 413 4 secured areas, providing locates and conducting before and after installation walkthroughs to determine damage and restoration if needed. Evanston hereby also grants to the Members a right of entry to the Evanston Bicycle Station Locations and, to the extent necessary, the applicable Evanston Property(ies), for the purpose of using Evanston Bicycle Stations and the Evanston System. The terms and conditions of the rights of entry described in this paragraph 6 shall be coterminous with the Bicycle Sharing Agreement, as may be amended from time to time, only upon agreement of the parties hereto. The City and Contractors are both subject to the insurance requirements in Article 19 of this Intergovernmental Agreement. Further, the Contractors shall keep, or cause to be kept, the Evanston Stations in a clean, well-maintained condition, and shall not use Evanston Property for any purpose other than those related to this Agreement, including but not limited to parking vehicles, storage or equipment or debris for longer than necessary to complete necessary construction and maintenance tasks. 8. Evanston acknowledges that the Evanston Bicycle Stations, and all related equipment installed at the Evanston Bicycle Station Locations by the Contractors, are and shall remain the property of Evanston. Evanston also agrees that all Evanston Bicycle Stations and other equipment purchased for the Evanston System shall be identical to the equipment in the System. 9. Evanston shall be responsible for all costs related to the Evanston Project and Evanston Bicycle Stations, including the costs described in subparts (a), (b) and (c) below: (a) Damage to Bicycles. (i) Evanston will be responsible for costs associated with damage to bicycles if the damage clearly occurred within Evanston (the “Evanston Costs”). (ii) The City will be responsible for the costs associated with damage to bicycles if the damage clearly occurred within the City (the “City Costs”). (iii) The costs of damage to bicycles that are not Evanston Costs nor City Costs, nor attributable to a particular Member, will be divided in proportion to the number of bicycles in a jurisdiction’s system compared to the number of bicycles in the Entire System. (b) Stolen or Missing Bicycles. Except as provided in the Evanston Bicycle Sharing Agreement, Evanston will be responsible for costs associated with stolen or missing bicycles (the “Costs of Missing Bicycles”) in proportion to the number of bicycles in the Evanston System as compared to the number of bicycles in the Entire System. Solely for the purpose of illustration, and not of limitation, if the number of bicycles in the Evanston System is ten, and the number of bicycles in the Entire System is 100, the Evanston would be responsible for ten percent of the Costs of Missing Bicycles in the Entire System; provided, however, the Evanston’s share of the Costs of Missing Bicycles shall not exceed any maximum amount of such cost stated in the Evanston Bicycle Sharing Agreement. Costs in excess of such maximum shall be the responsibility of the Bicycle Sharing Provider, and not of the City. (c) Damage to Stations. Except as provided in the Evanston Bicycle Sharing Agreement, Evanston will be responsible for all costs associated with damage to Evanston Bicycle Stations, no matter the source of the damage. 78 of 413 5 10. The authorizations granted in or pursuant to this Intergovernmental Agreement (including but not limited to the right of entry and license referenced in Section 6 above) shall be nonexclusive and nothing contained in this Intergovernmental Agreement shall be construed to limit, alter, or waive the right of Evanston to authorize persons other than the City, the Contractors and Advertising Provider to access and use the Evanston Property for any purpose, other than the operation of a bicycle sharing program. 11. At the conclusion of the Project, Evanston shall cause the Contractor to remove, or cause to be removed, any and all infrastructure, improvements, fixtures, signage or markings associated with the Project unless otherwise requested by the City. All removals from Evanston property must be within ninety (90) days of the conclusion of this Intergovernmental Agreement, or if the Project has been terminated by the City with their vendors due to any reason, including bankruptcy, impracticability, impossibility, abandonment or any other reason for early conclusion of this Project, within 90 days of termination. 12. Evanston agrees that the following elements of the Entire System shall be determined by the City, in its sole discretion: pricing, hours of operation, seasons of operation, emergency system shut down, software and technology upgrades, branding, colors, logo, the number and types of specialty bikes, and all advertising and promotional materials (in print or electronic form) incorporating the System Marks. The City reserves the right to modify this list at its sole discretion. ARTICLE THREE: THE REVENUE SHARING AGREEMENT 1. Memberships. The revenue related to membership fees shall be distributed as follows: (a) Annual Memberships. (i) The City shall be entitled to the membership fee related to an annual membership that is purchased by a Member with a mailing address located within the City, the membership fee related to an annual membership that is purchased by a Member with a mailing address that is neither located within the City nor within Evanston, and any overage fees related to such trips that originate within the City. (ii) Evanston shall be entitled to the membership fee related to an annual membership that is purchased by a Member with a mailing address that is located within Evanston and any overage fees related to trips that originate within the Evanston. (b) 24-hour Passes. (i) The City shall be entitled to the fee related to any 24-hour pass that is purchased within the City and any overage fees related to such 24-hour pass for trips that originate within the City. (ii) Evanston shall be entitled to the fees related to any 24-hour pass that is purchased within Evanston and any overage fees related to such 24-hour pass for trips that originate within Evanston. (c) Gift Memberships and Gift 24-Hour Passes. (i) The City shall be entitled to the fee related to a gift membership or gift 24- hour pass is activated by a Member with a mailing address located within the City, and by a Member with a mailing address that is neither located within the City nor within Evanston. (ii) Evanston shall be entitled to the fee related to a gift membership or a gift 24- hour pass that is activated by a Member with a mailing address located within the Evanston. 79 of 413 6 (d) Notwithstanding the foregoing in subsection (c) above, if a Gift 24-hour Pass or Gift Membership is not activated within six months of the date of purchase (the “Unactivated Membership”), each Party shall be entitled to the share of the Unactivated Membership fee that is in proportion to the number of docking points in a particular jurisdiction divided by the number of docking points in the Entire System. 2. Licensed Merchandise Grant: City grants Evanston a non-exclusive and non-sublicensable license to use the System Marks on the following goods: hats, t-shirts, bicycle helmets and sweatshirts (“Merchandise”). Should Evanston wish to use the System Marks on any other products not identified in the definition of “Merchandise,” it must request permission in writing from City. Evanston acknowledges and agrees that all use of the System Marks on the Merchandise by Evanston inures to the benefit of the City. Quality Control: Prior to manufacture of the Merchandise, Evanston must submit to City in writing samples of all Merchandise, specifications regarding materials and information regarding the manufacturer of the Merchandise for approval by City. Evanston must provide City with samples of Merchandise for sale or distributed to the public pursuant to the license in this paragraph on the anniversary of the effective date of this Agreement. If any of the Merchandise is modified in a material manner by Evanston, including a change in the identity of the manufacturer, samples and information regarding the manufacturer shall be provided to City for approval before the modified Merchandise is offered for sale or otherwise distributed to the public. Should City require any changes to Merchandise, Evanston will have thirty (30) days to modify the Merchandise as required by City. Should Evanston fail to do so, City may terminate the license granted under this paragraph. Any unsold merchandise in Evanston’s possession as of the termination date must be given to City or otherwise disposed of as City directs. All revenues from sales of Merchandise shall be distributed as follows: (a) The City shall be entitled to all revenue from Merchandise purchased in and shipped to locations within the City, and shipped to locations neither within the City nor Evanston. (b) Evanston shall be entitled to revenue from Merchandise created by Evanston and purchased in Evanston, less a ten percent licensing fee charged by the City (the “City Licensing Fee”). (c) Within 30 days following the end of each quarter, Evanston shall provide a report to the Bicycle Sharing Provider detailing the revenue obtained from Merchandising for such quarter. The Bicycle Sharing Provider shall then invoice Evanston in the amount of the City Licensing Fee. Evanston shall pay the amount of the invoice to the Bicycle Sharing Provider, who will deposit the funds as provided in the Bicycle Sharing Agreement. 3. Advertising. (a) If Evanston agrees that the City will contract with the Advertising Provider to install advertising on the Evanston Bicycle Stations, Evanston does hereby grant to the City, the Contractors, and the Advertising Provider a license to use the Evanston Bicycle Station Locations for said purpose. The term of license described in this Section 3 shall be coterminous with the Bicycle Sharing Agreement and the Evanston Bicycle Sharing Agreement, as both may be amended from time to time. Ten percent of the gross revenue shall be allocated to the City 80 of 413 7 as an administrative fee and such fee shall be in addition to and shall not be deducted from or considered a part of the City’s share of the operating revenue. Evanston shall be entitled to all revenue, if any, generated by advertising from the Evanston Bicycle Stations remaining after payment of the City’s administrative fee and the Advertising Provider’s commission based on the rates in the Advertising Provider Agreement. Such advertising shall comply with the City’s established standards for advertising content and format. (b) Evanston may enter into agreements to install, maintain and remove advertising in connection with the Evanston Bicycle Stations with alternative advertising providers. Such advertising shall comply with the City’s established standards for content, format, and existing contracts. 4. Sponsorship. (a) The City has entered into that certain sponsorship agreement by and between with Blue Cross Blue Shield of Illinois and the City (the “Sponsorship Agreement”). The terms of the Sponsorship Agreement shall apply to the Evanston System and the Evanston Bicycle Stations. Evanston acknowledges and accepts that the City is entitled to 100% of the revenue generated by the Sponsorship Agreement in connection with the Evanston System and Evanston Bicycle Stations. (b) The City contemplates entering into additional sponsorship agreements for additional station elements including, but not limited to, cellular service and payment system sponsorships (the “Additional Sponsorship Agreements”). If agreed upon by the sponsor, the terms of the Additional Sponsorship Agreements shall apply to the Evanston System and the Evanston Bicycle Stations. Evanston acknowledges and accepts that Evanston will be entitled to a percentage of the sponsorship revenue less any commissions based on the number of stations in the Evanston System in proportion to stations in the Entire System. Evanston also acknowledges that it shall only receive revenue if the sponsor(s) agree to extend the sponsorship to the Evanston System. Notwithstanding the foregoing, Evanston may enter into sponsorship agreements in connection with individual Evanston Bicycle Stations, with the consent of the City, which consent shall not be unreasonably withheld. ARTICLE FOUR: TERM The Term of the Intergovernmental Agreement shall commence on the date hereof and shall expire upon the termination of the Bicycle Sharing Agreement according to its terms. Notwithstanding the foregoing, the City may terminate this Intergovernmental Agreement in its entirety, or any portion of it, at any time by a notice in writing from the City to Evanston for the following reasons: 1. The City or the Bicycle Sharing Provider terminates the Bicycle Sharing Agreement. 2. Evanston or the Bicycle Sharing Provider terminates the Evanston Bicycle Sharing Agreement. 3. The City terminates the System, the Entire System, or the Evanston System. If the City decides to terminate the Evanston System, it may offer to purchase the Evanston Bicycle Stations. 81 of 413 8 The City will give notice to Evanston in accordance with the provisions of Article Seven. The effective date of termination will be the date the notice is received by Evanston or the date stated in the notice, whichever is later. ARTICLE FIVE: INDEMNITY 1. Evanston agrees to indemnify, defend and hold the City harmless from and against any losses, costs, damages, liabilities, claims, suits, actions, causes of action and expenses (including, without limitation, reasonable attorneys’ fees and court costs) suffered or incurred by the City arising from or in connection with Evanston’s failure to comply with any of the terms, covenants and conditions contained within this Intergovernmental Agreement. 2. The City agrees to indemnify, defend and hold Evanston harmless from and against any losses, costs, damages, liabilities, claims, suits, actions, causes of action and expenses (including, without limitation, reasonable attorneys’ fees and court costs) suffered or incurred by Evanston arising from or in connection with the City's failure to comply with any of the terms, covenants and conditions contained within this Intergovernmental Agreement. The indemnities contained herein shall survive the expiration of this Intergovernmental Agreement. ARTICLE SIX: CONSENT Whenever the consent or approval of one or both parties to this Intergovernmental Agreement is required hereunder, such consent or approval shall not be unreasonably withheld or delayed. ARTICLE SEVEN: NOTICE Notice to Evanston shall be addressed to: City of Evanston Community Development Department 100 Ridge Avenue Evanston, Illinois 602011 Attention: Mark Muenzer, Director Phone: (847) 448-8032 with a copy to: City of Evanston Law Department 2100 Ridge Avenue Attention: W. Grant Farrar, Corporation Counsel Phone: (847) 866-2937 Notice to the City shall be addressed to: City of Chicago Department of Transportation 30 North LaSalle, Suite 500 Chicago, Illinois 60602 Attention: Divvy Bike Program with a copy to 82 of 413 9 City of Chicago Department of Law City Hall, Room 600 121 North LaSalle Street Chicago, Illinois 60602 Attention: Finance and Economic Development Division Unless otherwise specified, any notice, demand or request required hereunder shall be given in writing at the addresses set forth above, by any of the following means: (a) personal service; (b) overnight courier; (c) registered or certified mail, return receipt requested. Such addresses may be changed when notice is given to the other party in the same manner as provided above. Any notice, demand or request sent pursuant to clause (a) hereof shall be deemed received upon such personal service. Any notice, demand or request sent pursuant to clause (b) shall be deemed received on the day immediately following deposit with the overnight courier and, if sent pursuant to subjection (c) shall be deemed received two (2) days following deposit in the mail. ARTICLE EIGHT: ASSIGNMENT; BINDING EFFECT This Intergovernmental Agreement, or any portion thereof, shall not be assigned by either party without the prior written consent of the other. This Intergovernmental Agreement shall inure to the benefit of and shall be binding upon the City, Evanston and their respective successors and permitted assigns. This Intergovernmental Agreement is intended to be and is for the sole and exclusive benefit of the parties hereto and such successors and permitted assigns (and, to the extent applicable, the Bicycle Sharing Provider). ARTICLE NINE: MODIFICATION This Intergovernmental Agreement may not be altered, modified or amended except by written instrument signed by all of the parties hereto. ARTICLE TEN: COMPLIANCE WITH LAWS The parties hereto shall comply with all federal, state and municipal laws, ordinances, rules and regulations relating to this Intergovernmental Agreement. ARTICLE ELEVEN: GOVERNING LAW AND SEVERABILITY This Intergovernmental Agreement shall be governed by the laws of the State of Illinois. If any provision of this Intergovernmental Agreement shall be held or deemed to be or shall in fact be inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in all cases because it conflicts with any other provision or provisions hereof or any constitution, statute, ordinance, rule of law or public policy, or for any reason, such circumstance shall not have the effect of rendering any other provision or provisions contained herein invalid, inoperative or unenforceable to any extent whatsoever. The invalidity of any one or more phrases, sentences, clauses, or sections contained in this Intergovernmental Agreement shall not affect the remaining portions of this Intergovernmental Agreement or any part hereof. ARTICLE TWELVE: COUNTERPARTS 83 of 413 10 This Intergovernmental Agreement may be executed in counterparts, each of which shall be deemed an original. ARTICLE THIRTEEN: ENTIRE AGREEMENT This Intergovernmental Agreement constitutes the entire agreement between the parties and shall supersede any and all prior agreements regarding the subject matter hereof. ARTICLE FOURTEEN: AUTHORITY Execution of this Intergovernmental Agreement by the City is authorized by an ordinance passed by the City Council of the City on ___________. Execution of this Intergovernmental Agreement by Evanston is authorized by a resolution approved by the City Council of Evanston on ________ __, 201_. The parties represent and warrant to each other that they have the authority to enter into this Intergovernmental Agreement and perform their obligations hereunder. ARTICLE FIFTEEN: HEADINGS The headings and titles of this Intergovernmental Agreement are for convenience only and shall not influence the construction or interpretation of this Intergovernmental Agreement. ARTICLE SIXTEEN: DISCLAIMER OF RELATIONSHIP The Bicycle Sharing Provider shall be deemed a third party beneficiary of Article Two hereof; otherwise, nothing contained in this Intergovernmental Agreement, nor any act of the City or Evanston shall be deemed or construed by any of the parties hereto or by third persons, to create any relationship of third party beneficiary, principal, agent, limited or general partnership, joint venture, or any association or relationship involving the City and Evanston. ARTICLE SEVENTEEN: CONSTRUCTION OF WORDS The use of the singular form of any word herein shall also include the plural, and vice versa. The use of the neuter form of any word herein shall also include the masculine and feminine forms, the masculine form shall include feminine and neuter, and the feminine form shall include masculine and neuter. ARTICLE EIGHTEEN: NO PERSONAL LIABILITY No member, official, employee or agent of the City or Evanston shall be individually or personally liable in connection with this Intergovernmental Agreement. ARTICLE NINETEEN: REPRESENTATIVES Immediately upon execution of this Intergovernmental Agreement, the following individuals will represent the parties as a primary contact in all matters under this Intergovernmental Agreement. For the Evanston: City of Evanston Community Development Department 100 Ridge Avenue Evanston, Illinois 602011 Attention: Katherine Knapp Phone: (847) 448-8032 84 of 413 11 For the City: City of Chicago Department of Transportation 30 North LaSalle Chicago, Illinois 60602 Attention: Sean Wiedel Phone: (312) 744-8182 Each party agrees to promptly notify the other party of any change in its designated representative, which notice shall include the name, address, telephone number and fax number of the representative for such party for the purpose hereof. ARTICLE TWENTY: INSPECTION AND RECORDS Evanston shall provide the City with reasonable access to its books and records relating to the Evanston System as shall be required by the City and necessary to reflect and disclose fully the amount and disposition of the revenues related to the memberships, merchandise, advertising, and sponsorship described in Article Three. Any duly authorized representative of the City shall, at all reasonable times, have access to all portions of the Evanston Property where the Evanston Project is located. The rights of access and inspection provided in this paragraph shall continue for five years from the later of the expiration or the termination of this Intergovernmental Agreement. The balance of this page is intentionally left blank. The signature page immediately follows this page. 85 of 413 IN WITNESS WHEREOF, each of the parties has caused this Intergovernmental Agreement to be executed and delivered as of the date first above written. CITY OF CHICAGO, ILLINOIS By: Name: Rebekah Scheinfeld Commissioner Department of Transportation CITY OF EVANSTON, ILLINOIS By: Name: Wally Bobkiewicz Title: City Manager 86 of 413 2/3/2016 14-R-16 A RESOLUTION Authorizing the City Manager to Execute an Operator Agreement with Motivate International, Inc. for the operation of the Divvy Bike Share System in the City of Evanston NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: City selects Motivate International, Inc., a Delaware corporation, to operate the Divvy Bike share system in Evanston. The operation of the system involves the procurement of various equipment and technology necessary to assemble, install, develop, implement and operate such equipment and technology for the 10 Evanston Divvy Bike share stations, and to provide on-going operational support and maintenance of the system. SECTION 2: The City Manager is hereby authorized to negotiate any remaining terms and thereafter execute the Operator Agreement with Motivate International, Inc., attached as Exhibit 1 and incorporated herein by reference. The Agreement will be approved as to form by the City’s Corporation Counsel prior to execution. SECTION 3: Resolution 14-R-16 shall be in full force and effect from and after its passage and approval, in the manner provided by law. 87 of 413 14-R-16 - 2 - ______________________________ Elizabeth B. Tisdahl, Mayor Attest: ______________________________ Rodney Greene, City Clerk Adopted: __________________, 2016 88 of 413 14-R-16 - 3 - EXHIBIT 1 DIVVY BIKE OPERATOR AGREEMENT 89 of 413 1 OPERATOR AGREEMENT BETWEEN THE CITY OF EVANSTON AND MOTIVATE INTERNATIONAL INC. FOR A BICYCLE SHARING SYSTEM 90 of 413 Execution Version 2 TABLE OF CONTENTS AGREEMENT .................................................................................................................................. 5 BACKGROUND INFORMATION ..................................................................................................... 5 ARTICLE 1. INCORPORATION OF BACKGROUND INFORMATION......................................... 5 ARTICLE 2. DEFINITIONS ........................................................................................................... 5 2.1 Definitions ............................................................................................................... 5 2.2 Interpretation .......................................................................................................... 7 2.3 Incorporation of Exhibits ......................................................................................... 8 2.4 Order of Precedence .............................................................................................. 8 ARTICLE 3. DUTIES AND RESPONSIBILITIES OF OPERATOR ............................................... 8 3.1. Scope of Work ........................................................................................................ 8 3.2. Advertisement and Sponsorship ............................................................................. 9 3.3. Compliance with Federal Grant Requirements ....................................................... 9 3.4. Ownership of Equipment and Computer Hardware ................................................ 9 3.5. Software Licenses ................................................................................................ 10 3.6. Deliverables .......................................................................................................... 11 3.7. Standard of Performance ...................................................................................... 11 3.8. Standard of Performance Project Management and Personnel ............................ 11 3.9. Insurance .............................................................................................................. 12 3.10. Indemnification ..................................................................................................... 12 3.11. Ownership of Documents and Data ...................................................................... 13 3.12. Copyright Ownership ............................................................................................ 14 3.13. Records ................................................................................................................ 14 3.14. Confidentiality of City Data ................................................................................... 14 3.15. Assignments and Subcontracts ............................................................................ 15 3.16. Collateral Assignment ........................................................................................... 16 3.17. Prevailing Wage Provisions .................................................................................. 16 ARTICLE 4. DURATION OF AGREEMENT ............................................................................... 16 4.1. Term of Performance ............................................................................................ 16 4.2. Timeliness of Performance ................................................................................... 16 4.3. Agreement Extension Option ................................................................................ 16 ARTICLE 5. COMPENSATION .................................................................................................. 17 5.1. Fees and Invoices ................................................................................................ 17 5.2. Taxes .................................................................................................................... 17 5.3. Funding ................................................................................................................. 17 5.4. Non-Appropriation ................................................................................................ 17 ARTICLE 6. DISPUTES ............................................................................................................. 17 ARTICLE 7. COMPLIANCE WITH ALL LAWS ........................................................................... 18 7.1. Compliance with All Laws Generally ..................................................................... 18 7.2. Nondiscrimination ................................................................................................. 18 7.3. Deemed Inclusion ................................................................................................. 19 ARTICLE 8. SPECIAL CONDITIONS ....................................................................................... 19 8.1. Warranties and Representations .......................................................................... 19 8.2. Ethics .................................................................................................................... 20 8.3. Joint and Several Liability ..................................................................................... 20 8.4. Business Documents ............................................................................................ 20 8.5. Conflicts of Interest ............................................................................................... 20 8.6. Non-Liability of Public Officials ............................................................................. 21 8.7. Certification Regarding Suspension and Debarment ............................................ 21 ARTICLE 9. EVENTS OF DEFAULT, REMEDIES, TERMINATION, SUSPENSION AND RIGHT TO OFFSET ....................................................................................................................... 21 9.1. Events of Default Defined ..................................................................................... 21 91 of 413 Execution Version 3 9.2. Remedies ............................................................................................................. 22 9.3. Suspension ........................................................................................................... 23 9.4. Right to Offset ....................................................................................................... 23 ARTICLE 10. GENERAL CONDITIONS ........................................................................................ 24 10.1. Entire Agreement .................................................................................................. 24 10.2. Counterparts ......................................................................................................... 25 10.3. Changes, Modifications, and Amendments .......................................................... 25 10.4. Governing Law and Jurisdiction ............................................................................ 25 10.5. Severability ........................................................................................................... 25 10.6. Assigns ................................................................................................................. 25 10.7. Cooperation .......................................................................................................... 25 10.8. Waiver .................................................................................................................. 26 10.9. Independent Contractor ........................................................................................ 26 10.10. Electronic Ordering and Invoices .......................................................................... 26 10.11. Participation by Other Local Government Agencies ............................................. 27 ARTICLE 11. NOTICES ................................................................................................................ 27 ARTICLE 12. AUTHORITY ........................................................................................................... 27 CONTRACT SIGNATURE PAGE .................................................................................................. 29 92 of 413 Execution Version 4 List of Exhibits EXHIBIT 1 SCOPE OF SERVICES and associated Schedules 1 through 12 EXHIBIT 2 COMPENSATION SCHEDULE EXHIBIT 3 INSURANCE REQUIREMENTS AND EVIDENCE OF INSURANCE EXHIBIT 4 CONTRACTUAL REQUIREMENTS RELATED TO HIPAA EXHIBIT 5 PREVAILING WAGE PROVISIONS EXHIBIT 6 FEDERAL PROVISIONS EXHIBIT 7 CHICAGO AGREEMENT 93 of 413 5 Execution Version AGREEMENT This Agreement is entered into as of February ___, 2016 (“Effective Date”) by and between Motivate International Inc., a Delaware corporation (“Motivate” or “Operator”), and the City of Evanston, a municipal corporation and home rule unit of local government existing under the Constitution of the State of Illinois, acting through its City Manager’s Office at Evanston, Illinois (“City”). The City and Operator agree as follows: BACKGROUND INFORMATION WHEREAS, the City wishes to enhance the existing public transportation system by providing bicycles to complete the first and/or last leg of a trip (e.g., from a train station to the workplace), among other reasons; and WHEREAS, the City wishes to help reduce dependency on automobiles, particularly for short trips, thereby reducing traffic congestion, vehicle emissions, and the demand for parking; and WHEREAS, the City is committed to promoting environmentally responsible initiatives and to exploring alternative modes of transportation to ensure that it is a bicycle-friendly municipality; and WHEREAS, Motivate currently operates a bicycle sharing system in the City of Chicago pursuant to that Operator Agreement between the City of Chicago Department of Transportation and Motivate International Inc. (formerly known as Alta Bicycle Share, Inc.) dated as of January 24, 2013 (the “Chicago Agreement,” attached hereto as Exhibit 7); and WHEREAS, the City desires to purchase and implement an expansion of that bicycle sharing system in Evanston; and WHEREAS, the City wishes to hire a vendor to procure various equipment and technology necessary for the foregoing and to assemble, install, develop, implement and operate such equipment and technology such that it operates together as a “System” (as defined herein), and to provide on-going operational support and maintenance of the System (collectively, the “Project”); and WHEREAS, the City has passed all resolutions necessary to authorize it to enter into this agreement; and WHEREAS, Operator represents and warrants that it has the authority to execute this Agreement and it is highly qualified and competent to provide and to perform such services as described herein and has expertise and knowledge in such matters; NOW, THEREFORE, the City and the Operator agree as follows: ARTICLE 1. INCORPORATION OF BACKGROUND INFORMATION The Background Information set forth above is incorporated and made a part of this Agreement by reference. TERMS AND CONDITIONS ARTICLE 2. DEFINITIONS 2.1 Definitions The following words and phrases have the following meanings for purposes of this Agreement: 94 of 413 6 Execution Version “Access Key” means a fare card for rental of Bicycles, as further described in Schedule 3 to Exhibit 1 of the Chicago Agreement. “Agreement” means this agreement, including all exhibits attached to it and incorporated in it by reference, and all amendments, modifications or revisions made in accordance with its terms. “Bicycle” means a device propelled solely by human power, upon which a person may ride either on or astride a regular seat attached thereto, having two or more wheels in tandem, as further described in Schedule 3 to Exhibit 1 of the Chicago Agreement. “Capital Costs” means the costs invoiced to the City for Equipment, Hardware, Software, and Installation Services. “City Manager” means the City Manager of the City of Evanston and any representative authorized in writing to act on the Commissioner’s behalf. “Computer Hardware” means the computer hardware necessary to operate the System. “Data” means all data recorded, gathered, or produced by the System, including but not limited to data pertaining to individual users, whether gathered through the website, social media, the Equipment, or customer service communications. “Documentation” means the documentation, written materials, work papers, configurations, manuals, and other work product prepared by or on behalf of PBSC or Motivate, its subcontractors or agents in connection with Software, and all specifications related thereto, that Motivate and/or PBSC provides to licensees of the Software. “Dock” or “Docking Point” means a locking mechanism contained on a Station designed to receive a Bicycle for locked storage, as further described in Schedule 3 to Exhibit 1 of the Chicago Agreement. “Equipment” means all physical components of the System, including without limitation Bicycles, Docks, Terminals, Station batteries, Bicycle and Station spare parts and all necessary cables. “Equipment Costs” means the actual cost incurred by Motivate to procure the Equipment, without mark-up. “Identifier” means Data that that could be used to identify users of the System, including all personal demographic and financial information. “Information Panel” means the printed material displayed inside of the Map Frame. “Map Frame” means a two-sided metal informational display unit, including translucent covering and lock. “Manager’s Office” means the City Manager’s Office. “Marketing Services” means promotions and advertising of the System directed at individuals and businesses, as well as reaching all customer bases through the Website and social media accounts. "PBSC" means the Equipment manufacturer and system back-end software provider, PBSC Urban Solutions. “Rates” means the customer charges specified in Exhibit 1, Schedule 12. 95 of 413 7 Execution Version “Report” means a report Motivate is required to deliver to the City under the terms hereof. “Services” means all of the services described herein that Operator must perform, in order to provide the Bicycle Sharing System described herein. “Site” means a designated area on publicly or privately owned real property, which area contains one or more of each of the following items made available by Motivate to perform the Services: Bicycles, Docks, Terminal, Technical Platforms and Information Panel. “Site Plan” means an illustration which shows the location of all Sites before installation, with distances and dimensions from the nearest property line, all relevant public or private easements, and at least two fixed objects. The Site Plan shall depict the locations of all above and belowground structures, utilities, infrastructure, and appurtenances in the immediate vicinity. “Station” means all Equipment related items except the Bicycles and Bicycle toolkits, including, without limitation, keys, and shipping costs, as further described in Exhibit 1, Schedule 1. “Subcontractor” means any person or entity with whom Operator contracts to provide any part of the Services (including Equipment), including subcontractors and subconsultants of any tier, suppliers and materials providers, whether or not in privity with the Operator. “System” means the bicycle sharing system, including all Equipment, Software, Technical Platform, Terminal, and Computer Hardware, operating together with the system described in the Chicago Agreement (the “Chicago System” and together, the “Divvy System,” as may be expanded by agreements with other municipalities in the greater Chicago area) as an integrated whole to perform the functions described herein. “Technical Platform” means a base component which rests on the ground and supports the Docks, Terminal, and Information Panel. “Terminal” means a kiosk which provides Bicycle rental instructions, contains payment equipment (i.e. credit card device), and includes all other means necessary for the rental of Bicycles, as further described in Schedule 3 to Exhibit 1 of the Chicago Agreement. “Website” means the customer-facing and internal websites maintained by Motivate for the System. 2.2 Interpretation (a) All references in this Agreement to Articles, Sections or Exhibits, unless otherwise expressed or indicated are to the Articles, Sections or Exhibits of this Agreement. (b) Words importing persons include firms, associations, partnerships, trusts, corporations and other legal entities, including public bodies, as well as natural persons. (c) Any headings preceding the text of the Articles and Sections of this Agreement, and any table of contents or marginal notes appended to it, are solely for convenience or reference and do not constitute a part of this Agreement, nor do they affect the meaning, construction or effect of this Agreement. (d) Words importing the singular include the plural and vice versa. Words of the masculine gender include the correlative words of the feminine and neuter genders. (e) All references to a number of days mean calendar days, unless indicated 96 of 413 8 Execution Version otherwise. 2.3 Incorporation of Exhibits The following attached Exhibits are made a part of this Agreement: EXHIBIT 1 SCOPE OF SERVICES and associated Schedules 1 through 12 EXHIBIT 2 COMPENSATION SCHEDULE EXHIBIT 3 INSURANCE REQUIREMENTS AND EVIDENCE OF INSURANCE EXHIBIT 4 CONTRACTUAL REQUIREMENTS RELATED TO HIPAA EXHIBIT 5 PREVAILING WAGE PROVISIONS EXHIBIT 6 FEDERAL PROVISIONS EXHIBIT 7 CHICAGO AGREEMENT 2.4 Order of Precedence In the event of any conflict or inconsistency of terms among the various documents that at any given time, constitute this Agreement, the order of precedence that shall apply is as follows, with each listed document or type of document superseding and prevailing over any subsequently listed document or type of document, and with later-executed documents prevailing over earlier documents of the same type, each solely to the extent of any irreconcilable conflict or inconsistency of the terms and condition thereof: (i) the terms and conditions set forth in Articles 1 through 12 of this Agreement; (ii) the Scope of Services in Exhibit 1; and (iii) any Schedules and Exhibits to this Agreement. Notwithstanding anything in the Agreement to the contrary, Operator is subject to and must conform to all of the terms and conditions of Exhibit 6 relating to Federal Provisions. In the event of any conflict or inconsistency between the terms set forth in the Agreement and the terms set forth in Exhibit 6, the terms and provisions Exhibit 6 take precedence over the terms and provisions in the Agreement, except to the extent that the Agreement contains provisions more favorable to the City or federal government or requiring a higher standard of the Operator. Operator must not by action or omission cause the City to be in breach of the grant agreement between the City and the funding source. ARTICLE 3. DUTIES AND RESPONSIBILITIES OF OPERATOR 3.1. Scope of Work General. The purpose of this Agreement is for Motivate to provide, install, implement, operate and maintain the System for use by the public. Subject to the terms and conditions of this Agreement, Motivate must (i) sell to the City the System, including Bicycles, Stations, and Computer Hardware, and provide to the City licenses for the Software, to enable use of the System by the City and the public as contemplated in this Agreement, (ii) install the Stations, at sites to be determined by the City, subject to the terms of this Agreement, and deliver all Bicycles, and provide all integration services to make the System fully operational, in compliance with the terms of this Agreement, (iii) provide all ancillary services for the expansion and operation of the System, including maintaining a website to be used by the public and marketing of the System to the public, and (iv) operate, support and maintain the System (collectively, the “Services”). Motivate shall provide all technical expertise, qualified personnel, Equipment, tools, and material to safely and competently accomplish all of the Services. Exhibit 1, Scope of Services, describes in more detail the elements of the Services; this description of the Services is intended to be general in nature and is neither a complete description of Motivate’s obligations nor a limitation on the Services that Motivate is to provide under this Agreement. Motivate must provide City with all work and services required to build, deliver, operate, and maintain the System, including the Services described in the Scope of Services, Exhibit 1, and work and services not specifically delineated in this Agreement, but consistent with, and reasonably inferable to be within, the scope of this Agreement and necessary for the delivery and operation 97 of 413 9 Execution Version of the System. Motivate must complete all of its obligations hereunder in a timely manner. Regardless of any other express duties of Motivate, City is relying on Motivate to provide, and Motivate must provide the expertise, assistance, and recommendations that are necessary to ensure the launch of the System and the delivery of a System that meets City’s needs and requirements and accomplishes the objectives of the City. In performing the Services, Motivate must at all times take appropriate advantage of and, unless expressly directed otherwise by City, implement or incorporate with regard to the System, best business practices. 3.2. Advertisement and Sponsorship Revenue from sponsorship agreements related exclusively to the System shall belong to City, net of commission, if any. Revenue from sponsorship agreements related to the entire Divvy System shall be allocated to the City on a proportional per dock basis. The City shall not receive any revenue for sponsorship agreements that do not relate to any part of the System, including, for example, sponsorship agreements related exclusively to the Chicago System. Sponsorship may include, but is not limited to, revenue from: Placement for payment sponsor on payment equipment or Docks; Placement for station sponsor on map header; Placement for advertiser on Docks; Placement for advertiser in membership packets; Placement for sponsor on digital products such as the Website, social media, email, or apps of the System; Placement for advertiser on t-shirts or other gear of System staff (such as “Valet Sponsor”); and Sampling opportunities at or nearby Stations Motivate will receive 15% commission on any sponsorship it secures. Notwithstanding any of the foregoing, (a) City acknowledges and agrees that it shall have no rights to the name, logo, or branding of the System or Divvy System and shall have no right to select or change any of the same, (b) City may not secure its own advertiser or sponsor placements on Docks, in order to allow for system-wide sponsors of the Divvy System, but shall receive a proportional share of revenue derived from such sponsorship in accordance with this Article 3.2, and (c) no sponsorship agreement may conflict with the terms of that Sponsorship Agreement between the City of Chicago and Blue Cross and Blue Shield of Illinois (“BCBSI”) entered into as of May 1, 2014 (“BCBSI Sponsorship Agreement”). For the avoidance of doubt, BCBSI will, for the duration of the BCBSI Sponsorship Agreement and throughout the entire Divvy System, remain entitled to: Exclusive system branding on bikes and vehicles Exclusive sponsor/advertiser in the Health Insurance category Helmet safety message on website and map panel 3.3. Compliance with Federal Grant Requirements Operator recognizes that a significant portion of this Agreement is funded through federal grant dollars received through the FHWA and agrees to cooperate with the City to address and if necessary, amend this Agreement, to conform with any additional requirements or changes to the System or Agreement necessary to comply with such grant requirements. 3.4. Ownership of Equipment and Computer Hardware Upon acceptance by the City of any element of the Equipment, including but not limited to Bicycles, the City shall be the owner of all Stations, including up to ten (10) Bicycles per Station, 98 of 413 10 Execution Version purchased by the City under this Agreement free and clear of all liens, encumbrances, financing statements, and rights of third persons or entities. All owner rights, warranties, and the like shall be in the name and inure to the benefit of the City. At the expiration or termination of this Agreement or earlier upon request, Motivate shall prepare and deliver to the City an inventory list of all Equipment and supplies purchased by the City under this Agreement and all related documentation, such as maintenance and service manuals and warranty information. The City shall have the right to perform a physical inventory of such Equipment at all times. Motivate must represent and warrant in such bill of sale that the Equipment and any components thereof are entirely new. Motivate shall include the original manufacturer’s warranty, which shall be transferred to the City. 3.5. Software Licenses (a) Licenses. Motivate must obtain in City’s name as licensee or sub-licensee for City and its authorized users to access, use, display and reproduce (and permit third party service providers to access, use, display and reproduce) the Software, and any other software used in the System, purchased or described in this Agreement. Motivate represents and warrants to City that Motivate has the authority and right to provide to City the license rights to all Software embedded in the System or otherwise provided by Motivate to City in accordance with the terms and conditions of this Agreement. The terms of the license are set forth more fully in Schedule 2. (b) Source Code Escrow. Motivate represents that it has entered into a Source Code Escrow Agreement with PBSC, with Motivate as beneficiary, which provides that PBSC will deposit, within 10 calendar days of the Launch date, into trust the Escrow Materials to permit Motivate to use the Escrow Materials once released to configure, install, and support the Software solely in conjunction with the System. The Source Code Escrow Agreement shall provide that Motivate have access to the Escrow Materials from the Escrow Agent upon, including but not limited to (i) PBSC discontinues support for the Software as a result of a decision or order of a governmental authority; (ii) PBSC files a voluntary petition in bankruptcy or liquidation; (iii) PBSC proposes any dissolution, liquidation, reorganization, or recapitalization with its creditors; (iv) an involuntary petition in bankruptcy or liquidation is filed against PBSC or a receiver is appointed or takes possession of PBSC’s property, and such petition or receiver is not dismissed or stayed within 90 days after such filing, appointment or taking possession; (v) PBSC makes an assignment for the benefit of creditors or is adjudicated as bankrupt; or (vi) PBSC takes any similar action under similar laws of any jurisdiction. Motivate shall pay the reasonable costs of the Escrow Agent. Motivate shall not be liable for any breach by PBSC of the Source Code Escrow Agreement, including but not limited to PBSC’s failure to deposit or maintain Escrow Materials. Upon gaining access to the Escrow Materials pursuant to the Escrow Agreement, the City, or its third party consultants (subject to limitations in the sentence immediately following), and if applicable, Motivate, will be entitled to modify, alter, adjust, translate or create derivative works from the Software solely as needed for City's own use in support of the operations of the System (to the exclusion of any other use). Notwithstanding the preceding, the City may not provide access to the Escrow Materials to a third party that is a direct competitor of PBSC, namely an entity engaged in the implementation of bike-sharing systems. "Escrow Materials" means, with respect to the Software, the source code of the Software and associated documentation, including all relevant files called for in Exhibit A of the Source Code Escrow Agreement. PBSC shall be allowed to transfer the Escrow Agreement without the City’s or Motivate’s authorization if (i) PBSC’s transferee or assignee has sufficient rights to source code to perform under the escrow, (ii) PBSC’s transferee or assignee takes subject to all terms of the Escrow Agreement and this Agreement, and (ii) PBSC sends a written notice to Motivate and the City of 99 of 413 11 Execution Version such assignment at least 30 days before the closing of any such transaction. 3.6. Deliverables In carrying out the Services, the Operator must prepare or provide to the City various deliverables, including work product, reports (financial or otherwise), recommendations, and analyses, as further described in Exhibit 1. The City may reject Deliverables that do not conform to the specifications in this Agreement or reasonably necessary for the purpose for which the City made this Agreement. If Motivate fails to comply with the foregoing standards, the City has 30 days from its discovery of the failure to notify Motivate thereof. If Motivate does not correct the failure, if it is possible to do so, within 30 days after receipt of notice from the City specifying the failure, then the City, by written notice, may treat the failure as an event of default. 3.7. Standard of Performance Motivate must perform all Services required of it under this Agreement with that degree of skill, care and diligence normally shown by a consultant performing services of a scope and purpose and magnitude comparable with the nature of the Services to be provided under this Agreement. Motivate acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City. Any review, approval, acceptance of Services or Deliverables or payment for any of the Services by the City does not relieve Motivate of its responsibility for the professional skill and care and technical accuracy of its Services and Deliverables. This provision in no way limits the City's rights against Motivate under this Agreement, at law or in equity. Motivate must be appropriately licensed to perform the Services, if required by law, and must ensure that all Services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed as may be required by law. Motivate remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Motivate or its Subcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Manager’s Office and delivered in a timely manner consistent with the requirements of this Agreement. If Motivate fails to comply with the foregoing standards, Motivate must, at the City’s option, perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure, unless the reason is failure to have and maintain required licensure, which is an event of default as described in Article 9.1(b)(i) below. 3.8. Standard of Performance Project Management and Personnel (a) Project Management. The System shall have the same Project Managers as are defined and designated under the Chicago Agreement. The City Project Manager shall serve as the primary point of contact for Motivate with respect to this Agreement. The Motivate Project Manager shall have overall responsibility for day-to-day management and administration of the Services provided under this Agreement and shall serve as the primary contact for the City with respect to this Agreement. Where specifically stated in this Agreement, Motivate shall obtain from the City Project Manager prior written approval of specified activities. However, it shall be the responsibility of Motivate to manage the details of the execution and performance of the Services under this Agreement. The Motivate Project Manager shall, at the request of City, attend any meeting of the management personnel of the City related to this Agreement, the System or the Services. (b) Adequate Staffing. Motivate must, upon receiving a fully executed copy of this Agreement, assign and maintain during the term of this Agreement and any extension of it 100 of 413 12 Execution Version an adequate staff of competent personnel that is fully equipped, licensed as appropriate, available as needed, qualified and assigned exclusively to perform the Services. (c) Salaries and Wages Motivate and Subcontractors must pay all salaries and wages due all employees performing Services under this Agreement unconditionally and at least once a month without deduction or rebate on any account, except only for those payroll deductions that are mandatory by law or are permitted under applicable law and regulations. If in the performance of this Agreement Motivate underpays any such salaries or wages, the City may withhold, out of payments due to Motivate, an amount sufficient to pay to employees the difference between the salaries or wages required to be paid under this Agreement and the salaries or wages actually paid these employees for the total number of hours worked. The amounts withheld may be disbursed by the City for and on account of Motivate to the respective employees to whom they are due. The parties acknowledge that this clause is solely for the benefit of the City and that it does not grant any third party beneficiary rights. 3.9. Insurance Motivate must provide and maintain at Motivate's own expense, during the term of this Agreement and any time period following expiration if Motivate is required to return and perform any of the Services or Additional Services under this Agreement, the insurance coverages and requirements specified in Exhibit 3 of this Agreement, insuring all operations related to this Agreement. 3.10. Indemnification (a) Motivate and the City shall take all reasonable precautions to protect all persons and the property of the City and others from damage, loss or injury caused by operations of Motivate or its subcontractors under this Agreement. (b) Motivate shall defend, indemnify and hold City and its commissioners, officers and employees (each, an “Indemnified Party,” and collectively, “Indemnified Parties”) harmless, to the fullest extent permitted by law, from any and all claims of, or judgments for, a third-party for (i) damages on account of any injuries or death to such third-party or damage to any property of such third-party, or (ii) economic, pecuniary or financial losses of such third-party, together with costs and expenses to which such Indemnified Party may be subjected of account of such claims or judgments, to the extent arising out of the negligence or intentional misconduct by Motivate or its subcontractors or a violation of law by Motivate or its subcontractors (collectively, “Operator Actions”); provided, however, that Motivate shall not be responsible for any negligence by Indemnified Parties or their respective agents or contractors or for any damages caused by Indemnified Parties or their respective agents or contractors (together with matters covered by the following sentence, “Indemnified Party Actions”). In addition, and notwithstanding anything to the contrary in the foregoing, Motivate’s obligations under this paragraph shall not apply to liability to the extent arising from Motivate’s complying with the directives or requirements of the City. Insofar as the facts or law relating to any claim would preclude an Indemnified Party from being completely indemnified by Motivate, such Indemnified Party shall be partially indemnified by Motivate. (c) Motivate shall defend, indemnify and hold the Indemnified Parties harmless from any and all claims (even if the allegations of the lawsuit are without merit) or judgments for damages and from costs and expenses to which the Indemnified Parties may be subject to or which the Indemnified Parties may suffer or incur allegedly arising out of or in connection with any infringement by Motivate of any copyright, trade secrets, trademark or patent rights or any other similar intellectual property right of any third party by Motivate or its subcontractors in the performance of this Agreement. Motivate shall defend, indemnify, and hold the Indemnified Parties harmless regardless of whether or not the alleged infringement arises out of compliance 101 of 413 13 Execution Version with the Agreement’s scope of services/scope of work. Insofar as the facts or law relating to any claim would preclude an Indemnified Party from being completely indemnified by Motivate, such Indemnified Party shall be partially indemnified by Motivate. (d) Upon receipt by an Indemnified Party of actual notice of a proceeding against such Indemnified Party in respect of a matter for which such Indemnified Party is entitled to indemnification under Article 3.10(b) or Article 3.10(c) (a “Proceeding”), such Indemnified Party shall notify Motivate with respect thereto. In addition, an Indemnified Party shall notify Motivate after any Proceeding is commenced (by way of service with a summons or other legal process giving information as to the nature and basis of the claim) against such Indemnified Party. In any event, failure to notify Motivate shall not relieve Motivate from any liability that Motivate may have on account of this indemnity, except to the extent Motivate has been prejudiced by such failure. Motivate shall assume the defense of a Proceeding, including the employment of counsel reasonably satisfactory to such Indemnified Party and the payment of the fees and expenses of such counsel, in which event, except as provided below, Motivate shall not be liable for the fees and expenses of any other counsel retained by such Indemnified Party in connection with such Proceeding. In any such Proceeding in which Motivate assumes the defense, such Indemnified Party shall have the right to participate in such Proceeding and to retain its own counsel, but the fees and expenses of such counsel shall be at the expense of such Indemnified Party unless: (i) Motivate and such Indemnified Party have mutually agreed in writing to the retention of such counsel, or (ii) the named parties to any such Proceeding (including any impleaded parties) include Motivate and such Indemnified Party and representation of both parties by the same counsel would, in the reasonable opinion of counsel to Motivate, be inappropriate due to actual or potential differing interests between Motivate and such Indemnified Party, in which case the reasonable fees and expenses of counsel for an Indemnified Party shall be borne by Motivate, provided that such Indemnified Party’s selection of counsel has been approved by Motivate, which approval shall not be unreasonably withheld or delayed. Motivate will not settle any Proceeding to which such Indemnified Party is a party without the consent of such Indemnified Party unless such settlement includes an unconditional release of such Indemnified Party from all claims made against such Indemnified Party in connection with such Proceeding without any admission of liability or wrongdoing. Notwithstanding anything to the contrary in this Article 3.10(d), if any judgment or settlement establishes that the personal injury, property damage or financial loss underlying any Proceeding arose from Indemnified Party Actions, then such Indemnified Party shall reimburse Motivate for the legal fees and costs incurred by Motivate in defending such Indemnified Party, or if such personal injury, property damage or financial loss arose from both Operator Actions and Indemnified Party Actions, then such Indemnified Party shall reimburse Motivate for such Indemnified Party’s share of Motivate’s legal fees and costs based such Indemnified Party’s share of the liability for such personal injury, property damage or financial loss. (e) The provisions of this Agreement shall not be deemed to create any right of action in favor of third parties against Motivate or the Indemnified Parties or their respective officers and employees. 3.11. Ownership of Documents and Data (a) The ownership of all Deliverables, Data, findings or other information (excluding any intellectual property rights or embodiment thereof owned or created by PBSC), in any form prepared, assembled, gathered, or encountered by or provided to Operator under this Agreement (subject to subarticle b below) shall be governed by the Chicago Agreement, including, as provided below, all copyrights, or other intellectual property rights inherent in their preparation. (b) Any user data provided to or gathered by the System with respect to specific users, including, without limitation, the user’s profile, payment information, trip history, and the like (“User Information”) shall remain, as between the User and the Operator, the property of the user, and Operator may not claim ownership of such information, and may not request that any 102 of 413 14 Execution Version user waive his or her ownership rights with respect to such information. User Information may be anonymized or aggregated to generate certain Deliverables or reports as required by this Agreement. 3.12. Copyright Ownership Motivate and the City intend that, to the extent permitted by law, the Deliverables produced by Motivate at the City's instance and expense under this Agreement (excluding any intellectual property rights or embodiment thereof owned or created by PBSC) are conclusively deemed "works made for hire" within the meaning and purview of Section 101 of the United States Copyright Act, 17 U.S.C. '101 et seq., and that the City will be the sole copyright owner of the Deliverables and of all aspects, elements and components of them in which copyright can subsist, and of all rights to apply for copyright registration or prosecute any claim of infringement. To the extent that any Deliverable does not qualify as a "work made for hire," Motivate hereby irrevocably grants, conveys, bargains, sells, assigns, transfers and delivers to the City, its successors and assigns, all right, title and interest in and to the copyrights and all U.S. and foreign copyright registrations, copyright applications and copyright renewals for them, and other intangible, intellectual property embodied in or pertaining to the Deliverables prepared for the City under this Agreement, and all goodwill relating to them, free and clear of any liens, claims or other encumbrances, to the fullest extent permitted by law. Motivate will, and will cause all of its Subcontractors, employees, agents and other persons within its control to, execute all documents and perform all acts that the City may reasonably request in order to assist the City in perfecting its rights in and to the copyrights relating to the Deliverables, at the sole expense of the City. Motivate warrants to the City, its successors and assigns, that on the date of transfer Motivate is the lawful owner of good and marketable title in and to the copyrights for the Deliverables and has the legal rights to fully assign them. Motivate further warrants that it has not assigned and will not assign any copyrights and that it has not granted and will not grant any licenses, exclusive or nonexclusive, to any other party, and that it is not a party to any other agreements or subject to any other restrictions with respect to the Deliverables. Motivate warrants that the Deliverables are complete, entire and comprehensive, and that the Deliverables constitute a work of original authorship. City and Motivate acknowledge that the Divvy marks, name and associated trademarks are the property of the City of Chicago, whose permission shall be secured for such use. 3.13. Records Motivate must deliver or cause to be delivered to the City all documents, including all Deliverables prepared for the City under the terms of this Agreement, promptly in accordance with the time limits prescribed in this Agreement, and if no time limit is specified, then upon reasonable demand for them or upon termination or completion of the Services under this Agreement. Motivate must maintain any such records including Deliverables not delivered to the City or demanded by the City for a period of 5 years after the final payment made in connection with this Agreement. Motivate must not dispose of such documents following the expiration of this period without notification of and written approval from the City in accordance with Article 11. 3.14. Confidentiality of City Data (a) All City information must be kept strictly confidential, except as specifically authorized by this Agreement, or as may be required by law. The Operator must not allow the City’s confidential information to be made available to any other individual or organization without the prior written consent of the City, except to Operator’s employees, officers, directors, partners, shareholders, agents, attorneys, accountants, or contractors who need to know the confidential information to assist the Operator, or act on its behalf, in relation to the exercise of its rights or performance of its obligations under this Agreement. Operator must implement such measures 103 of 413 15 Execution Version as may be necessary to ensure that its staff and its Subcontractors are bound by the confidentiality provisions in this Agreement. Without limiting the foregoing, the Operator agrees that the User Information must be kept strictly confidential, and that Operator may not distribute, convey, transfer, license, or sell, in any fashion, such data, to any third parties, and Operator may not seek permission from users to do such. Notwithstanding this prohibition, the Operator shall seek permission from the users to share with the City user information on an aggregated basis for City purposes, including the enhancement and operation of the bicycle sharing program. (b) Motivate must not issue any publicity news releases or grant press interviews, and except as may be required by law during or after the performance of this Agreement, disseminate any information regarding its Services or the project to which the Services pertain without the prior written consent of the City. (c) If Motivate is presented with a request for documents by any administrative agency or with a subpoena duces tecum regarding any records, data or documents which may be in Motivate's possession by reason of this Agreement, Motivate must immediately give notice to the City, including the City’s counsel, with the understanding that the City will have the opportunity to contest such process by any means available to it before the records, data or documents are submitted to a court or other third party. Motivate, however, is not obligated to withhold the delivery beyond the time ordered by a court or administrative agency, unless the subpoena or request is quashed or the time to produce is otherwise extended. (d) HIPAA and AIDS Confidentiality Act. To the extent not defined here the capitalized terms below and in Exhibit 4 will have the same meaning as set forth in the Health Insurance Portability and Accountability Act (Act). See 45 CFR parts 160, 162 and 164. Operator and all its Subcontractors must comply with the Act and all rules and regulations applicable to it including the Privacy Rule, which sets forth the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164 subparts A and E; the Standards for Electronic Transactions, which are located at 45 CFR parts 160 and 162 and the Security Standards, which are located at 45 CFR parts 160, 162 and 164. Operator must also comply with the Illinois AIDS Confidentiality Act (410 ILCS 305/1 through 16) and the rules and regulations of the Illinois Department of Public Health promulgated under it. If Operator fails to comply with the applicable provisions under the ACT or the Illinois AIDS Confidentiality Act, such failure will constitute an event of default under this Agreement for which no opportunity for cure will be provided. 3.15. Assignments and Subcontracts (a) Motivate must not assign, delegate or otherwise transfer all or any part of its rights or obligations under this Agreement: (i) unless otherwise provided for elsewhere in this Agreement; or (ii) without the express written consent of the Manager’s Office. The absence of such a provision or written consent voids the attempted assignment, delegation or transfer and is of no effect as to the Services or this Agreement. No approvals given by the City, including approvals for the use of any Subcontractors, operate to relieve Motivate of any of its obligations or liabilities under this Agreement. (b) If any Subcontractor fails to perform the Services in accordance with the terms and conditions of this Agreement to the satisfaction of the City, the City has the absolute right upon written notification to require the performance of this Agreement by Motivate personally or through any other City-approved Subcontractor. Any use of Subcontractors in the performance of the Services under this Agreement under no circumstances operates to relieve Motivate of any of its obligations or liabilities under this Agreement. (c) Motivate, upon entering into any agreement with a Subcontractor, must furnish upon request of the City a copy of its agreement. Subcontracts may not contain any terms and 104 of 413 16 Execution Version conditions that are in contradiction of the material terms and conditions of this Agreement. If the agreements do not prejudice any of the City's rights under this Agreement, such agreements may contain different provisions than are provided in this Agreement with respect to extensions of schedule, time of completion, payments, guarantees and matters not affecting the quality of the Services. (d) Motivate must not transfer or assign any funds or claims due or to become due under this Agreement without the prior written approval of the City. The attempted transfer or assignment of any funds, either in whole or in part, or any interest in them, which are due or to become due to Motivate under this Agreement, without such prior written approval, has no effect upon the City. (e) The City shall not assign or otherwise transfer all or any part of its interests under this Agreement to any successor without the prior written approval of the City of Chicago. 3.16. Collateral Assignment In the event that the City has exercised its right to terminate this Agreement, under the early termination or for cause, all as set forth in Article 9, the City shall have the right, at its election but subject to the approval of the City of Chicago, to take over and operate the System, either directly or through third parties. Notwithstanding the preceding, the City may not operate the System through a third party that is a direct competitor of PBSC, namely an entity engaged in the implementation of bike-sharing systems. 3.17. Prevailing Wage Provisions To the extent applicable, Operator must adhere to the additional terms as outlined in Exhibit 5. ARTICLE 4. DURATION OF AGREEMENT 4.1. Term of Performance This Agreement takes effect as of the Effective Date and continues until January 24, 2018, unless the Chicago Agreement is extended pursuant to its Article 4.3, in which case the City may elect, pursuant to Article 4.3 below, to simultaneously extend this Agreement. If the Chicago Agreement terminates for any reason at any time, this Agreement shall terminate simultaneously. If the Chicago Agreement is assigned at any time to a new operator, the City and Motivate shall immediately take all steps necessary to transfer this Agreement to the same operator. 4.2. Timeliness of Performance Motivate must provide the Services and Deliverables in a timely manner. Neither Motivate nor Motivate’s agents, employees or Subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other losses or expenses incurred by Motivate by reason of delays or hindrances in the performance of the Services, whether or not caused by the City. 4.3. Agreement Extension Option The City may exercise its right to extend this Agreement following the expiration of the base Agreement term for up to two additional sixty month terms, subject to acceptable performance by Motivate and contingent upon (i) a corresponding extension of the Chicago Agreement and (ii) the appropriation of sufficient funds for the Services provided for in this Agreement. Before expiration of the then current Agreement term, the City will give Motivate notice, in writing, that the City wishes to exercise its option to renew the Agreement for the approaching option period. The date on which the City gives notice is the date the notice is mailed, if it is mailed, or 105 of 413 17 Execution Version the date the notice is delivered, if sent by courier or messenger service. With the same amount of notice as for options, the City reserves the right to extend the Agreement for a period of no more than one-hundred eighty-one (181) calendar days, either in lieu of exercising an option period or following the exhaustion of all option periods, for the purpose of providing continuity of service while procuring a replacement contract, provided however that the same is elected by the City of Chicago pursuant to the Chicago Agreement. ARTICLE 5. COMPENSATION 5.1. Fees and Invoices Motivate will invoice the City for Capital Costs, Operator Fees and any other payments owed by the City to Motivate in accordance with the terms of invoicing and payment set forth in Exhibit 3, Compensation Schedule. An original invoice must be mailed to: Evanston Project Manager, Attn: Katherine Knapp, 2100 Ridge Avenue, Evanston, IL 60201 with a copy to the City Chief Financial Officer/Assistant City Manager, 2100 Ridge Avenue, Evanston, IL 60201. The City will process payment within 30 days after receipt of invoices. Late payments will accrue interest at a rate of 1% per month. 5.2. Taxes Illinois Retailers Occupation Tax, Use Tax, and Municipal Retailers Occupation Tax do not apply to materials or services purchased by the City by virtue of Statute. The price or prices quoted herein shall include all other Federal and/or State, direct and/or indirect taxes which apply. The prices quoted herein shall comply with all Federal laws and regulations. 5.3. Funding The source of funds for payments for Capital Costs under this Agreement shall be identified by the City. The source of funds for payments for Operations Costs will be the Account described in Exhibit 2. Funding for this Agreement is subject to the availability of funds and their appropriation by the City Council. Neither Operating Revenues, Revenue Allotment, nor the balance of the Account shall have any bearing on the City’s obligation to pay the Operator Fees to Motivate. For the avoidance of doubt, in the event that Revenue Allotment for any period is less than the Operator Fees due for the same period, the City shall nevertheless be obligated to pay Motivate the Operator Fees in full and without any offset or deduction. 5.4. Non-Appropriation Pursuant to 65 ILCS 5/8-1-7, any contract for the expenditure of funds made by a municipality without the proper appropriation is null and void. If no funds or insufficient funds are appropriated and budgeted in any fiscal period of the City for payments to be made under this Agreement, then the City will notify Motivate of that occurrence and this Agreement shall terminate on the earlier of the last day of the fiscal period for which sufficient appropriation was made or whenever the funds appropriated for payment under this Agreement are exhausted. No payments will be made to Motivate under this Agreement beyond those amounts appropriated and budgeted by the City to fund payments under this Contract. ARTICLE 6. DISPUTES Except for a claim relating to intellectual property or breach of confidentiality provisions, the parties, through their respective project managers, will attempt to settle any dispute arising from this Agreement through consultation and good faith negotiation. If the project managers are unable to resolve the issue, the parties will declare a 30-day resolution period in which the issue will be escalated to the City Manager, or his designee, and to the President of Motivate, or his 106 of 413 18 Execution Version designee. The parties agree to timely respond to reasonable requests for information required to establish facts related to the dispute that they are not prohibited by law or policy to produce. At the end of the 30-day period, the Operator shall give notice to the City of disputes or claims it believes cannot be resolved before filing any claim with a court of proper jurisdiction. ARTICLE 7. COMPLIANCE WITH ALL LAWS 7.1. Compliance with All Laws Generally (a) Operator must observe and comply with all applicable federal, state, county and municipal laws, statutes, ordinances and executive orders, in effect now or later and whether or not they appear in this Agreement, including those set forth in this Article 7, and Operator must pay all taxes and obtain all licenses, certificates and other authorizations required by them. Operator must require all Subcontractors to do so, also. (b) Notwithstanding anything in this Agreement to the contrary, references to a statute or law are considered to be a reference to (i) the statute or law as it may be amended from time to time; (ii) all regulations and rules pertaining to or promulgated pursuant to the statute or law; and (iii) all future statutes, laws, regulations, rules and executive orders pertaining to the same or similar subject matter. 7.2. Nondiscrimination (a) Operator Operator must comply with applicable federal, state, and local laws and related regulations prohibiting discrimination against individuals and groups. If this Agreement is federally funded in whole or in part, additional provisions related to nondiscrimination may be set forth in Exhibit 6. (i) Federal Requirements Operator must not engage in unlawful employment practices, such as (1) failing or refusing to hire or discharging any individual, or otherwise discriminating against any individual with respect to compensation or the terms, conditions, or privileges of the individual’s employment, because of the individual's race, color, religion, sex, age, handicap/disability or national origin; or (2) limiting, segregating or classifying Operator’s employees or applicants for employment in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect the individual’s status as an employee, because of the individual's race, color, religion, sex, age, handicap/disability or national origin. Operator must comply with, and the procedures Operator utilizes and the Services Operator provides under this Agreement must comply with, the Civil Rights Act of 1964, 42 U.S.C. sec. 2000e et seq. (1981), as amended and the Civil Rights Act of 1991, P.L. 102-166. Attention is called to: Exec. Order No. 11246, 30 Fed. Reg. 12,319 (1965), reprinted in 42 U.S.C. 2000e note, as amended by Exec. Order No. 11375, 32 Fed. Reg. 14,303 (1967) and by Exec. Order No. 12086, 43 Fed. Reg. 46,501 (1978); Age Discrimination Act, 42 U.S.C. §§6101-6106 (1981); Age Discrimination in Employment Act, 29 U.S.C. §§621-34; Rehabilitation Act of 1973, 29 U.S.C. §§793-794 (1981); Americans with Disabilities Act, 42 U.S.C. 12101 et seq.; 41 C.F.R. Part 60 et seq. (1990); and all other applicable federal statutes, regulations and other laws. (ii) State Requirements Operator must comply with, and the procedures Operator utilizes and the Services Operator provides under this Agreement must comply with, the Illinois Human Rights Act, 775 ILCS 5/1- 101 et seq. (1990), as amended and any rules and regulations promulgated in accordance with it, including the Equal Employment Opportunity Clause, 44 Ill. Admin. Code §750 Appendix A. Furthermore, Operator must comply with the Public Works Employment Discrimination Act, 775 107 of 413 19 Execution Version ILCS 10/0.01 et seq. (1990), as amended, and all other applicable state statutes, regulations and other laws. Operator must furnish such reports and information as requested by the federal, state, and local agencies charged with enforcing such laws and regulations. 7.3. Deemed Inclusion Provisions required by law, ordinances, rules, regulations, or executive orders to be inserted in this Agreement are deemed inserted in this Agreement whether or not they appear in this Agreement or, upon application by either party, this Agreement will be amended to make the insertion; however, in no event will the failure to insert the provisions before or after this Agreement is signed prevent its enforcement. ARTICLE 8. SPECIAL CONDITIONS 8.1. Warranties and Representations In connection with signing and carrying out this Agreement, Operator: (a) warrants that Operator is appropriately licensed under Illinois law to perform the Services required under this Agreement and will perform no Services for which a professional license is required by law and for which Operator is not appropriately licensed; (b) warrants it is financially solvent; it and each of its employees and agents are competent to perform the Services required under this Agreement; and Operator is legally authorized to execute and perform or cause to be performed this Agreement under the terms and conditions stated in this Agreement; (c) warrants that it will not knowingly use the services of any ineligible contractor or Subcontractor for any purpose in the performance of its Services under this Agreement; (d) warrants that Operator is not in default at the time this Agreement is signed, and has not been deemed by the City to have, within 5 years immediately preceding the date of this Agreement, been found to be in default on any contract awarded by the City; (e) represents that it has carefully examined and analyzed the provisions and requirements of this Agreement; it understands the nature of the Services required; from its own analysis it has satisfied itself as to the nature of all things needed for the performance of this Agreement; this Agreement is feasible of performance in accordance with all of its provisions and requirements, and Operator warrants it can and will perform, or cause to be performed, the Services in strict accordance with the provisions and requirements of this Agreement; (f) represents that Operator and, to the best of its knowledge, its Subcontractors are not in violation of the provisions of the Illinois Criminal Code, 720 ILCS 5/33E as amended, and the Illinois Municipal Code, 65 ILCS 5/11-42.1-1; (g) acknowledges that any certification, affidavit or acknowledgment made under oath in connection with this Agreement is made under penalty of perjury and, if false, is also cause for termination under Article 9.2 of this Agreement; and (h) warrants that the System complies with all laws governing accessibility for the disabled as required by the Americans with Disabilities Act (ADA) or any such applicable laws and regulations and agrees that during the Term of the Agreement it will comply with all such laws governing accessibility; and 108 of 413 20 Execution Version (i) warrants and represents that neither Operator nor an Affiliate of Operator (as defined below) appears on the Specially Designated Nationals List, the Denied Persons List, the unverified List, the Entity List, or the Debarred List as maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury or by the Bureau of Industry and Security of the U.S. Department of Commerce (or their successors), or on any other list of persons or entities with which the City may not do business under any applicable law, rule, regulation, order or judgment. “Affiliate of Operator” means a person or entity that directly (or indirectly through one or more intermediaries) controls, is controlled by or is under common control with Operator. A person or entity will be deemed to be controlled by another person or entity if it is controlled in any manner whatsoever that results in control in fact by that other person or entity (either acting individually or acting jointly or in concert with others) whether directly or indirectly and whether through share ownership, a trust, a contract or otherwise. 8.2. Ethics (a) In addition to the foregoing warranties and representations, Operator warrants: (i) no officer, agent or employee of the City is employed by Operator or has a financial interest directly or indirectly in this Agreement or the compensation to be paid under this Agreement. (ii) no payment, gratuity or offer of employment will be made in connection with this Agreement by or on behalf of any Subcontractors to Operator or higher tier Subcontractors or anyone associated with them, as an inducement for the award of a subcontract or order. 8.3. Joint and Several Liability If Operator, or its successors or assigns, if any, is comprised of more than one individual or other legal entity (or a combination of them), then under this Agreement, each and without limitation every obligation or undertaking in this Agreement to be fulfilled or performed by Operator is the joint and several obligation or undertaking of each such individual or other legal entity. 8.4. Business Documents At the request of the City, Operator must provide copies of its latest articles of incorporation, by- laws and resolutions, or partnership or joint venture agreement, as applicable. 8.5. Conflicts of Interest (a) No member of the governing body of the City or other unit of government and no other officer, employee or agent of the City or other unit of government who exercises any functions or responsibilities in connection with the Services to which this Agreement pertains is permitted to have any personal interest, direct or indirect, in this Agreement. No member of or delegate to the Congress of the United States or the Illinois General Assembly and no council member of the City or City employee is allowed to be admitted to any share or part of this Agreement or to any financial benefit to arise from it. (b) Operator represents that it, and to the best of its knowledge, its Subcontractors if any (Operator and Subcontractors will be collectively referred to in this Article 8.5 as "Consulting Parties"), presently have no direct or indirect interest and will not acquire any direct or indirect interest in any project or contract that would conflict in any manner or degree with the performance of its Services under this Agreement. (c) Upon the request of the City, Consulting Parties must disclose to the City their past client lists and the names of any clients with whom they have an ongoing relationship. 109 of 413 21 Execution Version Consulting Parties are not permitted to perform any Services for the City on applications or other documents submitted to the City by any of Consulting Parties’ past or present clients. If Consulting Parties become aware of a conflict, they must immediately stop work on the assignment causing the conflict and notify the City. (d) Without limiting the foregoing, if the Consulting Parties assist the City in determining the advisability or feasibility of a project or in recommending, researching, preparing, drafting or issuing a request for proposals or bid specifications for a project, the Consulting Parties must not participate, directly or indirectly, as a prime, subcontractor or joint venturer in that project or in the preparation of a proposal or bid for that project during the term of this Agreement or afterwards. The Consulting Parties may, however, assist the City in reviewing the proposals or bids for the project if none of the Consulting Parties have a relationship with the persons or entities that submitted the proposals or bids for that project. (e) Further, Consulting Parties must not assign any person having any conflicting interest to perform any Services under this Agreement or have access to any confidential information, as described in Article 3.14 of this Agreement. If the City, in its reasonable judgment, determines that any of Consulting Parties' services for others conflict with the Services that Consulting Parties are to render for the City under this Agreement, Consulting Parties must terminate such other services immediately upon request of the City. (f) Furthermore, if any federal funds are to be used to compensate or reimburse Operator under this Agreement, Operator represents that it is and will remain in compliance with federal restrictions on lobbying set forth in Section 319 of the Department of the Interior and Related Agencies Appropriations Act for Fiscal Year 1990, 31 U.S.C. §1352, and related rules and regulations set forth at 54 Fed. Reg. 52,309 ff. (1989), as amended. If federal funds are to be used, Operator must execute a Certification Regarding Lobbying. 8.6. Non-Liability of Public Officials Operator and any assignee or Subcontractor of Operator must not charge any official, employee or agent of the City personally with any liability or expenses of defense or hold any official, employee or agent of the City personally liable to them under any term or provision of this Agreement or because of the City's execution, attempted execution or any breach of this Agreement. 8.7. Certification Regarding Suspension and Debarment Operator certifies, by its acceptance of this Agreement that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any federal department or agency. If Operator is unable to certify to this statement, it must attach an explanation to the Agreement. ARTICLE 9. EVENTS OF DEFAULT, REMEDIES, TERMINATION, SUSPENSION AND RIGHT TO OFFSET 9.1. Events of Default Defined The following constitute events of default: (a) Any material misrepresentation, whether negligent or willful and whether in the inducement or in the performance, made by Operator to the City. (b) Operator's failure to perform any of its obligations under this Agreement including the following: 110 of 413 22 Execution Version (i) Failure to have and maintain all professional licenses required by law to perform the Services; (ii) Failure to timely perform the Services; (iii) Failure to perform the Services in a manner reasonably satisfactory to the City or inability to perform the Services satisfactorily as a result of insolvency, filing for bankruptcy or assignment for the benefit of creditors; (iv) Failure to promptly re-perform, as required, within a reasonable time and at no cost to the City, Services that are rejected as erroneous or unsatisfactory; (v) Failure to provide Support or remedy any Software defect or malfunction or other failure of the Software to perform in accordance with Schedule 2 for more than 5 calendar days. (vi) Discontinuance of the Services for reasons within Operator's reasonable control; (vii) Failure to comply with Article 7.1 in the performance of the Agreement; (viii) Any other acts specifically stated in this Agreement as constituting an act of default. (c) Any change in ownership or control of Operator without the prior written approval of the City (when such prior approval is permissible by law), which approval the City will not unreasonably withhold. (d) Operator's default under any other agreement it may presently have or may enter into with the City for the duration of this Agreement. Operator acknowledges that in the event of a default under this Agreement the City may also declare a default under any such other agreements. (e) Operator’s default under the Chicago Agreement or any other agreement with the City of Chicago related thereto. (f) Operator’s violation of City ordinance(s) unrelated to performance under the Agreement such that it indicates a willful or reckless disregard for City laws and regulations. 9.2. Remedies (a) Notices. In an event of default, the Operator shall have an opportunity to cure the default within 30 days unless extended by the City. The City will give Operator written notice of the default in the form of a cure notice (“Cure Notice”). If the Operator fails to cure the event of default within the cure period, the City may give a default notice (“Default Notice”), in which it will also indicate any present intent it may have to terminate this Agreement. The decision to terminate is final and effective upon giving the notice. If the City decides not to terminate, this decision will not preclude it from later deciding to terminate the Agreement in a later notice, which will be final and effective upon the giving of the notice or on the date set forth in the notice, whichever is later. When a Default Notice with intent to terminate is given as provided in this Article 9.2 and Article 11, Operator must discontinue any Services, unless otherwise directed in the notice, and deliver all materials belonging to the City and accumulated in the performance of this Agreement, whether completed or in the process, to the City. (b) Exercise of Remedies. After giving a Default Notice, the City may invoke any or 111 of 413 23 Execution Version all of the following remedies: (i) The right to take over and complete the Services, or any part of them, at City’s expense and with the consent of the City of Chicago, either directly or through others, and refrain from making any payments of Operator Fees to Operator; (ii) The right to terminate this Agreement; (iii) The right of specific performance, an injunction or any other appropriate equitable remedy; (iv) The right to money damages; (v) The right to withhold all or any part of Operator's compensation under this Agreement; (vi) The right to deem Operator non-responsible in future contracts to be awarded by the City; (vii) The right to declare default on any other contract or agreement Operator may have with the City. (c) City’s Reservation of Rights. If the City considers it to be in its best interests, it may elect not to declare default or to terminate this Agreement. The parties acknowledge that this provision is solely for the benefit of the City and that if the City permits Operator to continue to provide the Services despite one or more events of default, Operator is in no way relieved of any of its responsibilities, duties or obligations under this Agreement, nor does the City waive or relinquish any of its rights. (d) Non-Exclusivity of Remedies. The remedies under the terms of this Agreement are not intended to be exclusive of any other remedies provided, but each and every such remedy is cumulative and is in addition to any other remedies, existing now or later, at law, in equity or by statute. No delay or omission to exercise any right or power accruing upon any event of default impairs any such right or power, nor is it a waiver of any event of default nor acquiescence in it, and every such right and power may be exercised from time to time and as often as the City considers expedient. 9.3. Suspension If the City declares that there is an event of emergency, the City may at any time request that Operator suspend its Services, or any part of them, by giving 15 days prior written notice to Operator or upon informal oral, or even no notice. Operator must mitigate any costs incurred after the effective date of such suspension. Operator must promptly resume its performance of the Services under the same terms and conditions as stated in this Agreement upon written notice by the City and such equitable extension of time as may be mutually agreed upon by the City and Operator when necessary for continuation or completion of Services. Any additional costs or expenses actually incurred by Operator as a result of the suspension period or for recommencing the Services must be treated in accordance with the compensation provisions under Article 5 of this Agreement. 9.4. Right to Offset In connection with Operator’s performance under this Agreement, the City may offset any incremental costs and other damages the City incurs in any or all of the following circumstances: (i) if the City terminates this Agreement for default or any other reason 112 of 413 24 Execution Version resulting from Operator’s performance or non-performance; (ii) if the City exercises any of its remedies under Article 9.2 of this Agreement; (iii) if the City has any credits due or has made any overpayments under this Agreement. The City may offset these incremental costs and other damages by use of any payment due for Services completed before the City terminated this Agreement or before the City exercised any remedies. If the amount offset is insufficient to cover those incremental costs and other damages, Operator is liable for and must promptly remit to the City the balance upon written demand for it. This right to offset is in addition to and not a limitation of any other remedies available to the City. ARTICLE 10. GENERAL CONDITIONS 10.1. Entire Agreement (a) General This Agreement, and the exhibits attached to it and incorporated in it, constitute the entire agreement between the parties and no other terms, conditions, warranties, inducements, considerations, promises or interpretations are implied or impressed upon this Agreement that are not addressed in this Agreement. (b) No Collateral Agreements Operator acknowledges that, except only for those representations, statements or promises contained in this Agreement and any exhibits attached to it and incorporated by reference in it, no representation, statement or promise, oral or in writing, of any kind whatsoever, by the City, its officials, agents or employees, has induced Operator to enter into this Agreement or has been relied upon by Operator, including any with reference to: (i) the meaning, correctness, suitability or completeness of any provisions or requirements of this Agreement; (ii) the nature of the Services to be performed; (iii) the nature, quantity, quality or volume of any materials, equipment, labor and other facilities needed for the performance of this Agreement; (iv) the general conditions which may in any way affect this Agreement or its performance; (v) the compensation provisions of this Agreement; or (vi) any other matters, whether similar to or different from those referred to in (i) through (vi) immediately above, affecting or having any connection with this Agreement, its negotiation, any discussions of its performance or those employed or connected or concerned with it. (c) No Omissions Operator acknowledges that Operator was given ample opportunity and time and was requested by the City to review thoroughly all documents forming this Agreement before signing this Agreement in order that it might request inclusion in this Agreement of any statement, representation, promise or provision that it desired or on that it wished to place reliance. Operator did so review those documents, and either every such statement, representation, promise or provision has been included in this Agreement or else, if omitted, Operator relinquishes the benefit of any such omitted statement, representation, promise or provision and is willing to perform this Agreement in its entirety without claiming reliance on it or making any other claim on account of its omission. 113 of 413 25 Execution Version 10.2. Counterparts This Agreement is comprised of several identical counterparts, each to be fully signed by the parties and each to be considered an original having identical legal effect. Delivery of an executed counterpart of a signature page to this Agreement by facsimile or other electronic submission shall be effective as delivery of a manually executed original counterpart of this Agreement. 10.3. Changes, Modifications, and Amendments No change, modification, or amendment of this Agreement, or any part hereof, is valid unless stipulated in writing and signed by the parties. The City incurs no liability for Additional Services without a written amendment to this Agreement under this Article 10.3. This Article 10.3, does not apply, however, to Agreement extensions governed by Article 4.3, Agreement Extension Option. 10.4. Governing Law and Jurisdiction This Agreement is governed as to performance and interpretation in accordance with the laws of the State of Illinois. Operator irrevocably submits itself to the original jurisdiction of those courts located within the County of Cook, State of Illinois, with regard to any controversy arising out of, relating to, or in any way concerning the execution or performance of this Agreement. Service of process on Operator may be made, at the option of the City, either by registered or certified mail addressed to the applicable office as provided for in this Agreement, by registered or certified mail addressed to the office actually maintained by Operator, or by personal delivery on any officer, director, or managing or general agent of Operator. If any action is brought by Operator against the City concerning this Agreement, the action must be brought only in those courts located within the County of Cook, State of Illinois. 10.5. Severability If any provision of this Agreement is held or deemed to be or is in fact invalid, illegal, inoperative or unenforceable as applied in any particular case in any jurisdiction or in all cases because it conflicts with any other provision or provisions of this Agreement or of any constitution, statute, ordinance, rule of law or public policy, or for any other reason, those circumstances do not have the effect of rendering the provision in question invalid, illegal, inoperative or unenforceable in any other case or circumstances, or of rendering any other provision or provisions in this Agreement invalid, illegal, inoperative or unenforceable to any extent whatsoever. The invalidity, illegality, inoperativeness or unenforceability of any one or more phrases, sentences, clauses or sections in this Agreement does not affect the remaining portions of this Agreement or any part of it. 10.6. Assigns All of the terms and conditions of this Agreement are binding upon and inure to the benefit of the parties and their respective legal representatives, successors and assigns. 10.7. Cooperation Operator must at all times cooperate fully with the City. If this Agreement is terminated for any reason, or if it is to expire on its own terms, Operator must make every effort to ensure an orderly transition to another provider of the Services, if any, orderly demobilization of its own operations in connection with the Services, uninterrupted provision of Services during any transition period and must otherwise comply with the reasonable requests and requirements of the Manager’s Office in connection with the termination or expiration. 114 of 413 26 Execution Version 10.8. Waiver Nothing in this Agreement authorizes the waiver of a requirement or condition contrary to law or ordinance or that would result in or promote the violation of any federal, state or local law or ordinance. Whenever under this Agreement the City by a proper authority waives Operator’s performance in any respect or waives a requirement or condition to either the City’s or Operator’s performance, the waiver so granted, whether express or implied, only applies to the particular instance and is not a waiver forever or for subsequent instances of the performance, requirement or condition. No such waiver is a modification of this Agreement regardless of the number of times the City may have waived the performance, requirement or condition. Such waivers must be provided to Operator in writing. 10.9. Independent Contractor (a) This Agreement is not intended to and does not constitute, create, give rise to, or otherwise recognize a joint venture, partnership, corporation or other formal business association or organization of any kind between Operator and the City. The rights and the obligations of the parties are only those set forth in this Agreement. Operator must perform under this Agreement as an independent contractor and not as a representative, employee, agent, or partner of the City. (b) This Agreement is between the City and an independent contractor and, if Operator is an individual, nothing provided for under this Agreement constitutes or implies an employer-employee relationship such that: (i) The City will not be liable under or by reason of this Agreement for the payment of any compensation award or damages in connection with the Operator performing the Services required under this Agreement. (ii) Operator is not entitled to membership in any City Pension Fund, Group Medical Insurance Program, Group Dental Program, Group Vision Care, Group Life Insurance Program, Deferred Income Program, vacation, sick leave, extended sick leave, or any other benefits ordinarily provided to individuals employed and paid through the regular payrolls of the City. The City is not required to deduct or withhold any taxes, FICA or other deductions from any compensation provided to Operator. 10.10. Electronic Ordering and Invoices The Operator shall cooperate in good faith with the City in implementing electronic ordering and invoicing, including but not limited to catalogs, purchase orders, releases, and invoices. Operator shall accept electronic purchase orders and releases upon request of the City. Operator shall provide the City electronic catalogs, copies of invoices and other electronic documents upon request. The electronic ordering and invoice documents shall be in a format specified by the City and transmitted by an electronic means specified by the City. Such electronic means may include, but are not limited to, disks, e-mail, EDI, FTP, web sites, and third party electronic services. The City reserves the right to change the document format and/or the means of transmission upon written notice to the Operator. Operator shall ensure that the essential information, as determined by the City, in the electronic document, corresponds to that information submitted by the Operator in its paper documents. The electronic documents shall be in addition to paper documents required by this contract, however, by written notice to the Operator, the City may deem any or all of the electronic ordering and invoice documents the official documents and/or eliminate the requirement for paper ordering and invoice documents. 115 of 413 27 Execution Version 10.11. Participation by Other Local Government Agencies Other local government agencies may be eligible to participate in this agreement pursuant to the terms and conditions of this Contract if such agencies are authorized, by law or their governing bodies, to execute such purchases, and if such authorization is allowed by the City and the City of Chicago’s Commissioner, and if such purchases have no net adverse effect on the City or the City of Chicago, and result in no diminished services from the Operator to the user departments of the City or the City of Chicago pursuant to such purchases. Said purchases shall be made upon the issuance of a purchase order directly from the Local Government Agency. The City will not be responsible for payment of any amounts owed by any other Local Government Agencies, and will have no liability for the acts or omissions of any other Local Government Agency. ARTICLE 11. NOTICES Notices provided for in this Agreement, unless provided for otherwise in this Agreement, must be given in writing and may be delivered personally or by placing in the United States mail, first class and certified, return receipt requested, with postage prepaid, or sent by email provided that receipt of such email is electronically confirmed by non-automated reply mail, to the intended party at the address set forth below (unless notification of a change of address is given in writing): If to the City: City Manager’s Office Attn: Wally Bobkiewicz, City Manager 2100 Ridge Avenue Evanston, IL 60201 Email: wbobkiewicz@cityofevanston.org with Copies to: City of Evanston Law Department Attn: W. Grant Farrar, Corporation Counsel 2100 Ridge Avenue Evanston, IL 60201 Email: gfarrar@cityofevanston.org and: Department of Community Development Attention: Katherine Knapp 2100 Ridge Avenue Evanston, IL 60201 If to Operator: Motivate International Inc. 5202 Third Avenue Brooklyn, New York 11220 Attention: General Counsel Email: justinelee@motivateco.com Changes in these addresses must be in writing and delivered in accordance with the provisions of this Article 11. Notices delivered by mail are considered received three days after mailing in accordance with this Article 11. Notices delivered personally are considered effective upon receipt. Notice delivered by email shall be deemed delivered upon the date of email transmission. Refusal to accept delivery has the same effect as receipt. ARTICLE 12. AUTHORITY Execution of this Agreement by Operator is authorized by its Board of Directors, if a corporation, or similar governing document, and the signature(s) of each person signing on behalf of Operator have been made with complete and full authority to commit Operator to all terms and conditions of this Agreement, including each and every representation, certification and warranty contained 116 of 413 28 Execution Version in it, including the representations, certifications and warranties collectively incorporated by reference in it. [Signature Pages, Exhibits and Schedules follow.] 117 of 413 29 Execution Version CONTRACT SIGNATURE PAGE MOTIVATE INTERNATIONAL INC. Jay Walder, President and CEO Date State of County of This instrument was acknowledged before me on this day of , 20 by as President (or other authorized officer) of Motivate International Inc. (Seal) Notary Public Signature Commission Expires: CITY OF EVANSTON Wally Bobkiewicz, City Manager Date 118 of 413 Execution Version 30 EXHIBIT 1 Scope of Services The following is an overview of the Services that Operator must provide under the Agreement. All schedules to this Exhibit are fully incorporated by reference. I. The System. The City and the Operator agree that the Operator will provide the System to the City in a timely manner, including the following: A. The System comprises the following two components: Stations and Bicycles. B. All components of the Equipment as listed in Schedule 1. C. The technical and functional specifications for each item of Equipment are included in Schedule 3 to Exhibit 1 of the Chicago Agreement. D. All the Software to be included in the System is listed in Schedule 4 to Exhibit 1 of the Chicago Agreement. E. The performance specifications for the Software are included in Schedule 5 to Exhibit 1 of the Chicago Agreement. F. The License Agreement and warranties for the Software are described in Schedule 2. The City shall have a perpetual, fully paid, irrevocable, right to use the Software, subject to the terms of the License Agreement. G. The warranty provisions for the System and its Equipment are included in Schedule 3. II. Implementation of the System The City and the Operator agree that Operator will implement the System consistent with the following list of protocols and procedures: A. A protocol for the location, relocation or reapportionment, and resizing of Sites as specified in Schedule 4. B. The procedures for assembly of Bicycles and installation of Stations at Sites are set forth in Schedule 5. C. The Operator will provide performance tests of the Equipment prior to installation in a manner set forth in Schedule 6. If the City determines that the Equipment fails the tests at that Site, Operator will promptly make such changes and perform appropriate repairs as are necessary to fix any problems, and will re-perform the tests for the City. Such procedure will be repeated until the City accepts the Equipment as performing within System Specifications at that Site. If the Equipment is performing within System Specifications at that Site. D. Ownership and risk of loss of the Equipment will pass to the City upon acceptance, and the Software license will begin to run upon acceptance. Warranties will only begin upon such acceptance. 119 of 413 Execution Version 31 III. Support Services and Launch Prior to provision and installation of the Equipment, the Operator will perform various services, including the following: A. The Operator will maintain, and include the System in, the website created pursuant to the Chicago Agreement. B. The Operator will perform such marketing services as are described in Schedule 7, to promote the bicycle sharing program. C. The Operator will include the System in its operation of the call center required by the Chicago Agreement. IV. Operations, Support and Maintenance A. After acceptance of the Equipment to be provided by Operator in 2016, Operator will make the System at these Sites available for use by the public. The first date of operation shall be known as the “Launch” date. Thereafter, the Operator will operate the System at all Sites at which it has been accepted for the duration of this Agreement. All features of the System, which are described in the Agreement and in the Schedules, will be fully operational, and all warranties described herein shall apply. B. The Operator will obtain from each user a signed Bicycle Rental Agreement, Liability Waiver and Release of the Operator and City. This agreement will provide that the user will hold the City and all entities on which the Sites are located, and all of their employees, officers, and agents, harmless from all liability as a result of the use of the Equipment and the participation in the Bicycle Program. C. The Operator will perform the procedures pertaining to operations and maintenance of the System after the Launch described in Schedule 8. D. Terms relating to damaged, lost, and stolen bicycles are set forth in Schedule 9. E. The calculation of system revenues and compensation arrangement for the operations, support and maintenance are as set forth in Exhibit 2 and any attachments thereto. F. Rates for bike rentals shall be those determined under the Chicago Agreement, as amended. V. Standards of Performance The Operator shall report on its performance and System asset management consistent with Schedule 10. 120 of 413 Execution Version 31 SCHEDULE 1 Components of the Equipment that Compose the System Bicycle PBSC Bicycle Station Kiosk Docking Point Map Frame Technical Pavement Cables 121 of 413 32 Execution Version SCHEDULE 2 Software Rights “Documentation” shall mean all documentation, written materials and technical and user manuals prepared by PBSC relating to the use and functioning of the Software. “License Agreement” means the agreement between Motivate and PBSC, which includes licensing and support provisions, for the licensing and support of the Software and pursuant to which Motivate is authorized to sub-license the Software to the City and to provide Support. “Software” means the software PBSC licenses with the Equipment including any enhancements, changes or modifications to the Software included in the Support obligations set forth below. “Software Fees” means the monthly per Station fees paid by the City for the license rights specified herein and Support of the Software. Software Fees are based on the number of Stations actually installed. “Support” means the support and maintenance services provided by Motivate (through PBSC) in connection with the use of Software on the System as specified in Section 2 of this Schedule 2 in accordance with the terms and conditions set forth in the support and maintenance sections of the License Agreement, which terms may not be changed without the City’s consent. “Upgrade” means new versions and/or releases and performance enhancements of the Software and related documentation that PBSC makes available to its customers. 1. Sub-License Grant. In consideration for the Software Fees, Motivate hereby grants, pursuant to rights obtained under the License Agreement, to City a revocable (solely under conditions specified herein), non-exclusive and non-transferable right to reproduce, operate, and use the Software for the sole purpose of operating the System. 2. Software Support. In consideration of the Software Fees, Motivate must provide the Support for the Software and provide the following services: a. Service Obligation. Motivate warrants that it shall maintain (through PBSC) the Software in good working order, keep it free from defects in material and workmanship, and remedy any failure of the Software to perform in accordance with this Agreement, the Documentation or the specifications in Schedules 4 and 5 to Exhibit 1 of the Chicago Agreement, or any other malfunction, defect or non- conformity in the Software. Motivate will provide to the City (through PBSC) all bug fixes and maintenance releases PBSC provides for the Software. Alta must provide (through PBSC) technical support to resolve all issues as necessary. This service obligation is subject to the terms describing support and maintenance in the License Agreement. b. Upgrades. Motivate must provide (through PBSC) all software Upgrades that PBSC provides for its Software. Motivate must provide (through PBSC) technical support to resolve all issues as necessary. This Upgrade obligation is subject to the terms describing support and maintenance in the License Agreement. c. Custom Development. A custom modification of the Software made at the request of the City (other than for defects) will be billable at hourly rates to be agreed between the parties and PBSC. 3. Software Fees. As of the Effective Date the Software Fees will be invoiced to the City monthly based on the number of Stations actually installed multiplied by $60.00. Motivate 122 of 413 33 Execution Version agrees that the Software Fees may not increase on a per Station basis during the first and second Operating Periods. Thereafter, and for the Term, as extended from time to time, Motivate may not increase the Software Fees more than the change in the Consumer Price Index adjusted for any fluctuation in currency exchange rates between the Canadian dollar and US dollar relative to the exchange rate on the Effective Date. 4. Revocation of Sub-License. This Software Sub-License to the City is revocable during the Term if the City breaches Section 5 or 6 of this Schedule 2 or fails to make a timely payment to Motivate of Software Fees (in accordance with the payment provisions specified in the Agreement), when such breach or failure to pay is not cured within 30 days following Motivate’s written notice thereof to the City. For the purpose of this Section 4, the Software Sub-License may not be terminated for failure to timely pay Software Fees so long as the City has timely paid Motivate the License Fees (or within the cure period specified above). If Motivate fails to remit City’s monthly payment of Software Fees to PBSC, the City may elect to make overdue and future payments directly to PBSC. The City shall also have the right to cure Motivate’s failure when the next monthly invoice is due (but no longer than 60 days). Other than pursuant to this Section 4, the City Software Sub-License may not be revoked for any reason. 5. Restrictions. Except as may be expressly (i) authorized under the Source Code Escrow Agreement or (ii) authorized in writing and in advance by PBSC, the City must not directly or indirectly: a. sell, lease, license, sublicense, loan, encumber, or otherwise transfer the Software, in whole or in part, to any 3rd party; b. decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of any portion of the Software; c. write or develop any derivative software or any other software program based on the Software, except with respect to any mobile application to be used by End- Users for the purpose of obtaining information related to the System, such as locating the stations and bicycles; d. make modifications, corrections, alterations, enhancements, or other additions to the Software; e. make the Software available to a third party by “bulletin boards”, online services, remote dial-in or network, or telecommunication links of any kind; or f. use the Software or allow someone to use the Software other than for the System. 6. Exclusivity. During the Term of this Agreement, the City will not use purchase or license any software, other than the Software, with the System; provided, however, that this exclusivity will not apply in the event of (i) a material breach by Motivate of its obligation to support the Software and such breach is not cured within 30 days of a written notice thereof from the City, and (ii) a release of the source code pursuant to the Source Code Escrow Agreement. The exclusivity described herein shall not apply to any 3rd party that may create, develop, and sell to anyone, including the City and any End-User, any mobile application to be used by End-Users for the purpose of obtaining information related to the System such as locating the stations and bicycles. 7. License Agreement Terms. Motivate represents and warrants that the License Agreement contains the following terms: 123 of 413 34 Execution Version a. The Software license to use rights and Support rights under the License Agreement may be assigned directly to the City of Evanston in the event of a transition of Motivate’s operation of the System to another operator; b. PBSC must send to the City of Evanston any notices of potential or actual breach PBSC sends to Motivate; c. PBSC must send to City of Evanston any notices of termination PBSC sends to Motivate; d. PBSC cannot terminate the License Agreement, nor can it expire, unless PBSC first offers the City of Evanston the right to obtain directly the Software license to use rights and Support rights. 8. Source Code. The City acknowledges that it is not entitled to receive a copy of the source code of the Software save pursuant to the Source Code Escrow Agreement. 124 of 413 35 Execution Version SCHEDULE 3 System and Equipment Warranties For all Equipment purchased, or otherwise acquired in accordance with the terms of this Agreement, Motivate shall complete, submit to the seller and/or manufacturer, and retain copies of all documents required to maintain all sellers and manufacturer's warranties. Motivate shall cooperate with any effort by the City to submit a warranty claim. All Equipment shall be warranted by the manufacturer for a minimum of five (5) years from the date of purchase. Motivate shall promptly comply with all recalls of Equipment, whether issued by a manufacturer, government agency, or other entity. Motivate shall, at all times, follow and strictly comply with the manufacturer's requirements, warranties, and recommendations for assembly, maintenance, storage, repair, and replacement of all Equipment. The Warranty terms of the Equipment Manufacturer are set forth in Schedules 7 and 8 to Exhibit 1 of the Chicago Agreement. Motivate must diligently inspect all Equipment for any “Defects” during the warranty period for any piece of Equipment. For the avoidance of doubt, Motivate does not and shall not in any way provide its own warranty over the Equipment. Motivate shall not be required to honor the terms of any manufacturer’s or seller’s warranties. The City’s sole recourse for any warranty claim shall be with the manufacturer or seller directly. 125 of 413 36 Execution Version SCHEDULE 4 Station Location, Moving, and Resizing It is the mutual objective of the City and Motivate to maximize usage and revenue of the bike share system. Demand estimates will be based on the Motivate demand model, or a model approved by Motivate and the City. Potential demand will be a high-priority criterion in the selection of stations and sizing stations. The City will control the final site selection, relocation, and station size. Motivate is not responsible for any permit or City required fees/charges under this Section. The City shall be responsible for permit and City required fees/charges. (1) Rental Site Location and Station Size The Parties, working in good faith, shall determine the location for each Rental Site. Within 30 days of contract signing, the City shall provide Motivate with a draft list of desired Rental Site locations (“Proposed Initial System Locations”). The initial list shall include proposed station sizes at all locations. Motivate will review potential Rental Site locations developed by the City and use this information as part of its demand analysis and Rental Site location analysis. Based on projected revenue and/or feasibility constraints, Motivate will provide the City with the Draft Final List of Desired Rental Site Locations (“Draft Final List of Desired Rental Site Locations”). After Motivate’s submission of the Draft Final List of Desired Rental Site Locations, the City and Motivate shall meet to mutually agree to the Final List of Rental Site locations and Station Sizes. The Operator will determine whether the site provides sufficient solar power to operate a bike sharing station of the proposed size at the proposed location. If the site is not sufficient, the Operator will identify an alternate site in close proximity that will provide sufficient site and power and must receive consent for the alternative site by the City prior to finalizing the list of Rental Site locations. (2) Site Design The City shall prepare all site designs and perform any construction/modification to proposed sites. The City may direct Motivate to manage this work. The Operator will conduct this work on a reimbursable basis. (3) City’s Obligation to Obtain Rental Sites; Permitting With regard to each Proposed Initial System Location, it shall be the responsibility of the City to: (a) determine the ownership of or title to the underlying real estate; (b) verify whether the placement and use of a Rental Site are permissible under zoning and other applicable ordinances and regulations; and (c) obtain all permits and permissions necessary to place a Rental Site at such location. Prior to performing work on any site of any proposed Rental Site, the City, at its sole cost and expense, shall obtain from the property owner(s) of public and private property, and from all applicable government entities, all rights and permissions to install, maintain, repair, replace, remove, and use all Rental Sites and Equipment, and provide the services. Such rights and permissions further shall provide access by the public at large to the Rental Site(s) and Equipment located thereon. No later than 30 days before Launch, the City shall provide Motivate with a complete packet of 126 of 413 37 Execution Version permits, which include engineered diagrams to scale showing the location of the station, size of station, location of kiosk, for the Final List of Rental Site Locations. (4) Station Relocation or Resizing Through the course of operating the System the Operator or the City may recognize the need to move a station or increase or decrease the size of a particular station in order to satisfy customer demand or for other reasons. All moves and increases or decreases in size will be conducted on a quarterly basis or coordinated with installation of new equipment. The City may request moving or resizing of up to two (2) stations per year. Any station moves over this number shall be charged at $2,000 per occurrence in the first Operating Period and at a reasonably increased price in subsequent years. Any station moves made at the request of a third party, including instances where a private property owner requests a station move from City property in order to perform construction, shall be charged to the third party at $2,000 per occurrence. 127 of 413 38 Execution Version SCHEDULE 5 Procedures for Installation Prior to the installation of any station, City shall provide to the Operator a site design and permit. The Operator shall provide the City with a schedule of Equipment to be installed on a monthly basis. The Operator shall provide a monthly report of Equipment actually installed. On a weekly basis, after submitting the monthly report of equipment installation to the City, and with City approval, the Operator shall provide electronic notification to members of the Divvy System. Installation Services Installation Services include items that vary on a per-dock basis and include, but are not limited to: Equipment procurement Assistance with location planning Station assembly Bike assembly On-street station installation 128 of 413 39 Execution Version SCHEDULE 6 Performance Testing Prior To Operation Pre-launch Performance Testing Stations Prior to deployment, each station is programmed with a unique identification number, latitude and longitude and station name. Once these elements are programmed in the kiosk, it is connected through the cellular data network to the back end servers. System diagnosis tests are run to ensure the station is fully operational, these are performed from both the server side, and from the terminal user interface (TUI). These tests include but are not limited to the touch screen, card reader, printer and modem. Each kiosk must successfully pass all connection and diagnostic tests before it can leave the warehouse for installation. The kiosk is then connected to a series of docks to test bike activity. Bikes are rented and returned to ensure all stations are ready to operate on the street. Docks Bike docks are programmed electronically and then tested with a bike. Each dock must have a bike successfully inserted and removed before it can leave the warehouse for installation. Bikes Bikes are subject to quality and safety tests by mechanics. Once bikes have passed these tests, they will have their RFID chips programmed with a unique number. This process doubles as a physical test that the bike can be docked and un-docked. No bike will be deployed unless it has passed these tests and has been programmed. Credit Card Processing Transactions are initiated with multiple card types from a random sampling of kiosks and from the public website. Transaction flow is verified from card swipe to credit card processor to bank. Back End Software Fail over and backup processes are tested to ensure proper functionality. All stations are checked to ensure that the physical data (number of docks, number of bikes, solar readings) matches what is being reported in the back end system and on the system maps. Web Site and Mobile App Account creation, editing, trip history and billing are testing by initiating accounts for all subscription types via the public website and initiating rentals with member key fobs. Public map on the web site and mobile app is tested against visual checks of the real time station inventory 129 of 413 40 Execution Version SCHEDULE 7 Pre-Launch Marketing Scope of Work The name, logo, and branding of the System shall be identical to that developed under the Chicago Agreement, including but not limited to: Bike and station color scheme Keys Decals – kiosks, bikes, headers Pricing schematic Website Welcome kit – letterhead, letter, envelope, activation instructions Information cards and brochures for selling memberships Event kit – tent, signage, banners System Map design Station header layout Webpage layout Social media – Facebook and Twitter logo Motivate will include the System in the marketing strategy developed pursuant to the Chicago Agreement. The marketing and communications plan includes, but is not restricted to: Demonstration events and pre-membership campaign Launch event/press conference Membership advertisement campaign Sustaining PR/marketing campaign Motivate and the City will perform certain marketing activities to promote and drive membership sign-up for the System substantially as described in the Pre-Launch Marketing Plan attached to this Schedule 7. 130 of 413 41 Execution Version SCHEDULE 8 Standard Operations and Maintenance Procedures Motivate agrees to operate and maintain the System in accordance with standard operating procedures developed by Motivate pursuant to the Chicago Agreement (Chicago SOP). The Chicago SOP documents how the Operator shall conduct day-to-day operations. Repeated failure to operate and maintain the System according to the Chicago SOP will be a default under this Agreement. Day to day operations include, but are not limited to, the following: Station preventive maintenance and routine maintenance, station monitoring, all routine cleaning procedures of Stations, including graffiti removal, snow removal and all emergency and weather response protocols, Bicycle checking procedures, Bicycle preventive maintenance and routine maintenance (both in-Station and in-shop), the “break-fix” obligations for all Equipment, ongoing marketing obligations, customer service obligations, special events procedures and reporting obligations. In addition, the Chicago SOP shall cover such events as inclement weathers, accidents, system failure, and other issues identified through coordination between the City and the Operator. 131 of 413 42 Execution Version SCHEDULE 9 Lost, Stolen, and Damaged Bikes Damage to Bicycles The City will be responsible for costs associated with damage to bicycles if the damage clearly occurred within the City (with respect to the City of Evanston, the “Evanston Costs” and with respect to the Village of Oak Park the “Oak Park Costs”). Chicago will be responsible for the costs associated with damage to bicycles if the damage clearly occurred within the City of Chicago (the “Chicago Costs”). The costs of damages to bicycles that are neither Evanston Costs, Oak Park Costs, Chicago Costs, nor attributable to a particular Member, will be divided in proportion to the number of bicycles in a jurisdiction’s system compared to the number of bicycles in the Divvy System. Stolen or Missing Bicycles The City will be responsible for costs associated with stolen or missing bicycles (the “Costs of Missing Bicycles”) in proportion to the number of bicycles in the System as compared to the number of bicycles in the Divvy System. Solely for the purpose of illustration, and not of limitation, if the number of bicycles in the System is ten, and the number of bicycles in the Divvy System is 100, the City would be responsible for ten percent of the Costs of Missing Bicycles in the Divvy System; provided, however, the City’s share of the Costs of Missing Bicycles shall not exceed the cost of two (2) bicycles per year. Notwithstanding the above, if any loss, theft, or damage is due to any Operator error, the Operator is responsible for the replacement or equivalent cost of replacement of such bikes. 132 of 413 43 Execution Version SCHEDULE 10 Reporting Requirements and Asset Management The Operator will be required to report information on a regular basis, as delineated below: On a monthly basis, the Operator shall provide final reports including the following: Performance Metrics: YTD Count of active registered members by type at the end of the reporting month YTD Count of unique casual memberships initiated at the end of the reporting month Number of new members by type who signed up during the reporting month, by week/month Number of cancellations and/or expirations of registered members by type during the reporting month Ridership: Trips per day by member type Total trips per month and YTD per member type Average number of trips per day of week and hour of the day for weekdays and weekends during the reporting month Average duration of trips by member type Average and total length of trips (Straight line distance) by member type Total and average calories burned per week/month by member type. Based on calculation using total and average trip durations. Carbon offset per week/month. Based on calculation using total miles traveled (straight line distance) Average carbon offset per member by type for the month. Based on “total members/total carbon offset” Financial Performance: Operating revenues The Operator shall prepare an annual report that provides annualized information on all the above relevant to the prior year’s operations. The Operator is also responsible for providing up-to-date records of all equipment purchased through this contract. 133 of 413 44 Execution Version SCHEDULE 11 Call Center The Operator shall provide all subscribers, and the public at large, the telephone number for the call center required by Schedule 22 to Exhibit 1 of the Chicago Agreement. The call center shall service the entire Divvy System. 134 of 413 45 Execution Version SCHEDULE 12 Rate Schedule During the Term of the contract, rental, membership, and usage fees shall be identical to the rates set under the Chicago Agreement, including in the event of any rate change in accordance with the Chicago Agreement. The Operator must give 60 days written notice to the City of Evanston in the event of any rate change. 135 of 413 46 Execution Version EXHIBIT 2 Compensation Schedule I. Definitions “Account” means that segregated fund, established pursuant to the Chicago Agreement, under the control of the City of Chicago into which the Operating Revenue is placed. “Additional Equipment” means any Equipment other than the Initial Equipment purchased during the term of this Agreement. “Initial Equipment” means the Equipment specified in Section II.A.1 of this Exhibit 2. “Initial Equipment Fee” means the amount paid to Motivate for the Initial Equipment, which is specified herein. “Installation Fee” means the amount paid to Motivate for the Installation Services specified in Schedule 5 to Exhibit 1. “Installation Services” means those services specified in Schedule 5 to Exhibit 1. “Launch” means the date on which paid rental service is available to the general public. “Operating Costs” means the actual costs, without markup, incurred by Motivate in performing OSM. Any costs incurred by Motivate will be the responsibility of Motivate. “Operating Period” means the period in which Motivate performs OSM (defined below) under the Agreement. The first Operating Period under this Agreement shall be from the Launch Date to December 31, 2016. The second Operating Period will be calendar year 2017. The third Operating Period will be from January 1, 2018 to January 23, 2018, unless this Agreement is extended pursuant to its terms, in which case the third Operating Period will be calendar year 2018. Each subsequent Operating period will be for successive calendar years, except the final Operating Period, which will be from January 1 to January 23 of the final calendar year. “Operating Revenue” means all revenue derived from fees paid by riders for use of the System, including subscription fees, rental fees, and overage fees. “OSM” means all operations, support, and maintenance services Motivate is obligated to perform under this Agreement. “Revenue Allotment” means the portion of the total operating revenue of the Divvy System allocated and belonging to Evanston, as further described in this Exhibit 2, Section III.A. II. Equipment and Installation Fees A. Initial Equipment. Upon issuance of a notice to proceed, the City will issue a Purchase Order to Motivate for the Initial Equipment. Such Purchase Order will contain a release schedule that directs Motivate to place orders for the Initial Equipment from its supplier at specified dates and in specified amounts (“Sub-Orders”). After the City has issued a Purchase Order, it will become bound to purchase the portion of the Initial Equipment specified therein. 1) Prices for Equipment. The following prices will govern the Initial Equipment order. For any subsequent orders, Motivate will charge the City for actual costs incurred by Motivate to procure the Equipment, without mark- 136 of 413 47 Execution Version up, including but not limited to the costs of: the Equipment, shipping, shipping insurance, customs, and taxes. Kiosk (1 per station location) $13,750.00 each Back lit Map Frame (1 per station) $3,800.00 each Docking Point Assembly (average of 16 per station) $732.00 each Technical Platform (Standard) (average of 4 per station) $1,024.00 each Yellow Cables (2 per kiosk) $80.00 each Black Cables (1 per docking point) $83.00 each Terminal Plugs (2 per station) $38.00 each Bicycles (average of 10 per station) $1,115.00 each Customer Keys (200 per bicycle) $2.50 each Station Spare Parts $700.00 per station Bicycle Spare Parts $119.00 per bicycle Shipping and Customs $1,500.00 per station 2) Schedule for Invoicing. Motivate may invoice the City for the amount of the relevant Purchase Order according to the following schedule: Motivate may invoice the City 25% of the full amount of the Purchase Order upon acceptance of the City’s Purchase Order by Motivate; Motivate may invoice the City 65% of the cost of each Sub-Order when all Equipment in such Sub-Order has arrived at Motivate’s warehouse in Chicago; and Motivate may invoice the City the remaining 10% as the stations on each Sub-Order are installed. B. Initial Equipment Installation Services Motivate shall provide the Installation Services at a rate of $306.00 per dock. Motivate may invoice the City on a monthly basis for the Installation Services for each Station installed that is confirmed by Motivate to be in working order upon installation. City shall pay Motivate for the actual costs of the following ancillary services which shall not be considered part of Operating Costs, if provided by Motivate and attributable to the City’s portion of the Divvy System, provided however that any such services shall be mutually agreed upon in advance: website development and maintenance, marketing events, printed marketing materials, and design of marketing materials. III. Operations Motivate represents that there will be no duplication of costs among each of the various categories of Operating Costs, Installation Fees, or Equipment Fees. A. Allocation of Revenues The City’s Revenue Allotment shall comprise: (i) membership fees associated with annual memberships whose mailing addresses contain a zip code within the City; (ii) rental fees from 24-hour passes purchased at a station in the City; and (iii) usage fees from a 24-hour pass trip or an annual membership trip initiated at a station in the City. B. Deposit of Revenues 137 of 413 48 Execution Version All Operating Revenues and Operator Fees shall be deposited in the Account. Any payments to the City for its Revenue Allotment shall be from the Account. C. Payments to Motivate for Operating Costs 1) Monthly Invoices Within 15 days after the end of any month, Motivate will submit an invoice to the City, for its OSM costs at a rate of $125.00 per dock per month (“Operator Fees”). The invoice shall include such other information as the City shall reasonably request. Invoices will be paid within 30 days after submission. 2) Costs In all Operating Periods, Motivate is responsible for all Operating Costs. Any revisions affecting scope or compensation must be made by written amendment to the Agreement. 138 of 413 49 Execution Version EXHIBIT 3 Insurance Requirements and Evidence of Insurance The Operator must provide and maintain at Operator's own expense, until Agreement completion and during the time period following completion if Operator is required to perform any additional work, the insurance coverages and requirements specified below, insuring all operations related to the Agreement. A. INSURANCE TO BE PROVIDED 1) Workers Compensation and Employers Liability Workers Compensation Insurance, as prescribed by applicable law covering all employees who are to provide work under this Contract and Employers Liability coverage with limits of not less than $500,000 each accident, illness or disease. 2) Commercial General Liability (Primary and Umbrella) Commercial General Liability Insurance or equivalent with limits of not less than $5,000,000 per occurrence for bodily injury, personal injury, and property damage liability. Coverages must include the following: All premises and operations, products/completed operations explosion, collapse, underground, separation of insureds, defense, and contractual liability (not to include Endorsement CG 21 39 or equivalent). The City is to be named as an additional insured on a primary, non-contributory basis for any liability arising directly or indirectly from the work. Subcontractors performing work for the Operator must maintain limits of not less than $1,000,000 with the same terms herein. 3) Automobile Liability (Primary and Umbrella) When any motor vehicles (owned, non-owned and hired) are used in connection with work to be performed, the Operator must provide Automobile Liability Insurance with limits of not less than $2,000,000 per occurrence for bodily injury and property damage. The City is to be named as an additional insured on a primary, non-contributory basis. Subcontractors performing work for the Operator must maintain limits of not less than $1,000,000 with the same terms herein. 4) Property All Risk The Operator must maintain All Risk Property Insurance at full replacement cost covering all loss, damage or destruction to the machinery, equipment, bicycles, stations and/or any facility/property (if applicable) including improvements and betterments. The City of Evanston is to be named as an additional insured and loss payee. The Operator is responsible for all loss or damage to City property and to personal property of Operator (including bicycles, materials, equipment, stations, fixtures and contents) that are part of this Agreement. 5) Professional Liability When any architects, engineers, EDP professionals, project managers/administrators or other professional consultants perform work in connection with this Agreement, Professional Liability Insurance covering acts, errors, or omissions must be maintained with limits of not less than $1,000,000. When policies are renewed or replaced, the policy retroactive date must coincide with, or precede, start of work on the Agreement. A claims-made policy which is not renewed or 139 of 413 50 Execution Version replaced must have an extended reporting period of two (2) years. 6) Valuable Papers When any plans, designs, drawings, specifications, media, data, reports, records and any other documents are produced or used under this Contract, Valuable Papers Insurance must be maintained in an amount to insure against any loss whatsoever, and must have limits sufficient to pay for the re- creation and reconstruction of such records. 7) Blanket Crime The Operator must provide Blanket Crime coverage covering all persons handling funds under this Contract, against loss by dishonesty, robbery, burglary, theft, destruction, or disappearance, computer fraud, credit card forgery, and other related crime risks. The policy limit must be written to cover losses in the amount of maximum monies collected, received and in the possession of Operator at any given time. B. ADDITIONAL REQUIREMENTS The Operator must furnish the City of Evanston, 2100 Ridge Avenue, Evanston, IL 60201, original Certificates of Insurance, or such similar evidence, to be in force on the date of this Agreement, and Renewal Certificates of Insurance, or such similar evidence, if the coverages have an expiration or renewal date occurring during the term of this Contract. The receipt of any certificate does not constitute agreement by the City that the insurance requirements in the Agreement have been fully met or that the insurance policies indicated on the certificate are in compliance with all Contract requirements. The failure of the City to obtain certificates or other insurance evidence from Operator is not a waiver by the City of any requirements for the Operator to obtain and maintain the specified coverages. The Operator must advise all insurers of the Contract provisions regarding insurance. Non-conforming insurance does not relieve Operator of the obligation to provide insurance as specified herein. Nonfulfillment of the insurance conditions may constitute a violation of the Agreement, and the City retains the right to stop work until proper evidence of insurance is provided, or the Agreement may be terminated. Any deductibles or self-insured retentions on referenced insurance coverages must be borne by Operator. The Operator hereby waives and agrees to require their insurers to waive their rights of subrogation against the City, its employees, elected officials, agents, or representatives. The coverages and limits furnished by Operator in no way limit the Operator's liabilities and responsibilities specified within the Contract or by law. Any insurance or self insurance programs maintained by the City do not contribute with insurance provided by the Operator under the Agreement. The required insurance to be carried is not limited by any limitations expressed in the indemnification language in this Agreement or any limitation placed on the indemnity in this Agreement given as a matter of law. The Operator must require all subcontractors to provide the insurance required herein, or Operator may provide the coverages for subcontractors. All subcontractors are subject to the same insurance requirements of Operator unless otherwise specified in this Agreement. If Contractor or subcontractor desires additional coverages, the party desiring the additional coverages is responsible for the acquisition and cost. 140 of 413 51 Execution Version EXHIBIT 4 Contractual Requirements Related to HIPAA The terms below that are capitalized and in bold have the same meanings as set forth in the Health Insurance Portability and Accountability Act. See 45 CFR parts 160 and 164. 1. Operator must not use or further disclose Protected Health Information (“PHI”) other than as permitted or required by this Agreement or as Required by Law. (http://www.hhs.gov/ocr/hipaa/) 2. Operator must use appropriate safeguards to prevent the use or disclosure of PHI other than as provided for in this Agreement. 3. Operator must mitigate to the extent practicable any harmful effect that is known to Operator of a use or disclosure of PHI by Operator in violation of the requirements of this Agreement. 4. Operator must report any use or disclosure of the PHI not provided for by this Agreement to the City. 5. Operator must ensure that any agent, including a subcontractor, to whom it provides PHI received from, or created or received by Operator on behalf of the City agrees to the same restrictions and conditions that apply through this Agreement to Operator with respect to such information. 6. If the Operator has PHI in a Designated Record Set then Operator must provide access, at the request of the City, and in the time and manner designated by the City, to PHI in a Designated Record Set, to City or, as directed by City, to an Individual in order to meet the requirements under 45 CFR 164.524. 7. If the Operator has PHI in a Designated Record Set then Operator must make any amendments to PHI in a Designated Record Set that the City directs or agrees to pursuant to 45 CFR 164.526 at the request of City or an Individual, and in the time and manner designated by City. 8. Operator must make internal practices, books and records relating to the use and disclosure of PHI received from, or created or received by Operator on behalf of, City available to the City, or at the request of the City to the Secretary, in a time and manner designated by the City or the Secretary, for purposes of the Secretary determining City’s compliance with the Privacy Rule. 9. Operator must document the disclosure of PHI and information relating to such disclosures as would be required for City to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 CFR 164.528. 10. Operator must provide to City or an Individual, in time and manner designated by City, information collected which relates to the disclosure of PHI, to permit City to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 CFR 164.528. 11. Operator must either return all PHI to the City or destroy it, at the City’s option, upon termination or expiration of this Agreement. 12. Operator must implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the electronic health information that it creates, receives, maintains, or transmits on behalf of the City as required by 45 CFR part 164. 13. Operator must ensure that any agent, including a subcontractor, to whom it provides such information agrees to implement reasonable and appropriate safeguards to protect it. 14. Operator must report to the City any security incident of which it becomes aware. 141 of 413 52 Execution Version EXHIBIT 5 Prevailing Wage Rates In accordance with 820 ILCS 130/1 et seq., in the performance of the work, Operator is fully responsible for paying not less than the prevailing rate of wages as determined by the Illinois Department of Labor, which must be paid to all laborers, mechanics, and other workers performing public works under this Agreement. These wage rates are also the prevailing wage rates for the City of Chicago, as determined by the Department. If the Illinois Department of Labor revises the prevailing rate of hourly wages to be paid for the work before completion of the Project, the revised rate applies to this Agreement from the effective date of the revision. If federal wage provisions apply, such provisions will supersede this provision. 142 of 413 53 Execution Version EXHIBIT 6 Federal Provisions Operator acknowledges that it will be subject to all applicable contractual provisions and certification documents required by the funding source if federal grant funds are used. Such contractual provisions may include, but are not limited to, the following: A. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Agreement, Operator: 1) Will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Operator will take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action must include employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation and selection for training, including apprenticeship. Operator must post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) Will, in all solicitations or advertisements for employees placed by Operator or on Operator’s behalf state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. 3) Will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers’ representative of commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and must post copies of the notice in conspicuous places available to employees and applicants for employment. 4) Will comply with all provisions of Executive Order No. 11246 or September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5) Will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to Operator’s books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulation, and orders. 6) In the event of Operator’s noncompliance with the nondiscrimination clause of this Contract or with any of such rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and Operator may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies involved as provided in Executive Order No, 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7) Operator will include the provisions of the above Paragraphs 1) through 6) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that the provisions will be binding upon each subcontractor or vendor. Operator will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance. If, 143 of 413 54 Execution Version however, Operator becomes involved in, or are threatened with, litigation with a subcontractor or vendor as a result of such direction by the federal government contracting agency, Operator may request the United States to enter into such litigation to protect the interests of the United States. B. OTHER FEDERAL PROVISIONS 1) Interest of Members of or Delegates to the United States Congress In accordance with 41 USC 22, Operator will not admit any member of or delegate to the United States Congress to any share or part of the Contract or any benefit derived therefrom. 2) False or Fraudulent Statements and Claims a) Operator recognizes that the requirements of the Program Fraud Civil Remedies Act of 1986, as amended, 49 USC 3081 et seq. and U.S. DOT regulations, Program Fraud Civil Remedies, 49 CFR Part 31, apply to actions pertaining to the Contract. Accordingly, by signing the Contract, Operator certifies or affirms the truthfulness and accuracy of any statement Operator has made, Operator makes, or Operator may make pertaining to the Contract, including any invoice for Operator’s services. In addition to other penalties that may be applicable, Operator also acknowledges that if Operator makes a false, fictitious, or fraudulent claim, statement, submission, or certification, the federal government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986, as amended, on Operator to the extent the federal government deems appropriate. b) Operator also acknowledges that if Operator makes a false, fictitious, or fraudulent claim, statement, submission, or certification to the City or federal government in connection with an urbanized area formula project financed with federal assistance authorized by 49 USC 5307, the Government reserves the right to impose on Operator the penalties of 18 USC 1001 and 49 USC 5307(n)(1), to the extent the federal government deems appropriate. 3) Federal Interest in Patents a) General. If any invention, improvement, or discovery of Operator is conceived or first actually reduced to practice in the course of or under the Agreement, and that invention, improvement, or discovery is patentable under the laws of the Unites States of America or any foreign country, Operator must notify City immediately and provide a detailed report. b) Federal Rights. Unless the federal government later makes a contrary determination in writing, the rights and responsibilities of the City, Operator, and the federal government pertaining to that invention, improvement, or discovery will be determined in accordance with applicable federal laws and regulations, including any waiver of them; and irrespective of Operator’s status or the status of any Subcontractor at any tier (e.g., a large business, small business, non-profit organization, institution of higher education, individual), Operator will transmit to the federal government those rights due the federal government in any invention resulting from the Contract. 4) Federal Interest in Data and Copyrights a) Definition The term "subject data" used in this Section means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under the Agreement. Examples include computer software, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The term "subject data" does not include financial reports, cost analyses, and similar information incidental to Agreement administration. 144 of 413 55 Execution Version b) Federal Restrictions The following restrictions apply to all subject data first produced in the performance of the Agreement. Except as provided in the Agreement and except for Operator’s own internal use, Operator may not publish or publicly reproduce subject data in whole or in part, or in any manner or form, nor may Operator authorize others to do so, without the written consent of the City and the federal government, until such time as the federal government may have either released or approved the release of such data to the public. c) Federal Rights in Data and Copyrights In accordance with subparts 34 and 36 of the Common Rule, the City and the federal government reserve a royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for City or federal government purposes, the types of subject data described below. Without the copyright owner's consent, the City and federal government may not extend their license to other parties. (1) Any subject data developed under the Contract or subagreement financed by a federal Grant Agreement or Cooperative Agreement, whether or not a copyright has been obtained; and (2) Any rights of copyright in which Operator purchase ownership with federal assistance. 5) No Exclusionary or Discriminatory Specifications Apart from inconsistent requirements imposed by federal statute or regulations, Operator will comply with the requirements of 49 USC 5323(h)(2) by refraining from using any federal assistance to support subcontracts procured using exclusionary or discriminatory specifications. 6) Cargo Preference - Use of United States Flag Vessels Operator must comply with U.S. Maritime Administration regulations, "Cargo-Preference - U.S. Flag Vessels," 49 CFR Part 381, and include the clauses required by those regulations, modified as necessary to identify the affected parties, in each subcontract or sub-agreement involving equipment, materials, or commodities suitable for transport by ocean vessel. 7) Fly America Operator must comply with 49 USC Section 40118, and related regulations at 41 CFR Part 301- 10, regarding use of United States air carriers, and included clauses requiring Operator’s Subcontractors to comply with the requirements of 49 USC Section 40118, and related regulations at 4 CFR Part 52, in all of Operator’s subcontracts. 8) No Federal Government Obligations to Third Parties Absent the federal government's express written consent, the federal government is not subject to any obligations or liabilities to any contractor or any other person not a party to the Grant Agreement or Cooperative Agreement between the City and the federal government, which is a source of funds for this Contract. Notwithstanding any concurrence provided by the federal government in or approval of any solicitation, agreement, or contract, the federal government continues to have no obligations or liabilities to any party, including Operator. 9) Allowable Costs Notwithstanding any compensation provision to the contrary, Operator compensation under this Contract is limited to those amounts that are allowable and allocable to the Contract in accordance with OMB Circular A-87 and the regulations in 49 CFR Part 18. To the extent that an 145 of 413 56 Execution Version audit reveals that Operator have received payment in excess of such amounts, the City may offset such excess payments against any future payments due to Operator and, if no future payments are due or if future payments are less than such excess, Operator must promptly refund the amount of the excess payments to the City. 10) Contract Work Hours and Safety Standards Act If applicable according to their terms, Operator must comply and assure compliance with sections 102 and 107 of the Contract Work Hours and Safety Standards Act, as amended, 40 USC 327 through 333, and implementing U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction” (also Labor Standards Provisions Applicable to Non-construction Contracts Subject to the Contract Work Hours and Safety Standards Act), 29 CFR Part 5; and U.S. DOL regulations, “Safety and Health Regulations for Construction”, 29 CFR Part 1926. In addition to other requirements that may apply: a) In accordance with sections of the Contract Work Hours and Safety Standards Act, as amended, 40 USC 327 through 332, Operator must assure that, for the Contract, the wages of every mechanic and laborer will be computed on the basis of a standard work week of 40 hours, and that each worker will be compensated for Work exceeding the standard work week at a rate of not less than 1.5 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Determinations pertaining to these requirements will be made in accordance with applicable U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction” (also Labor Standards Provisions Applicable to Non-Construction Contracts Subject to the Contract Work Hours and Safety Standards Act), 29 CFR Part 5. b) In accordance with section 107 of the Contract Work Hours and Safety Standards Act, as amended, 40 USC 333, Operator must assure that no laborer or mechanic working on a construction contract is required to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous to his or her health and safety, as determined in accordance with US DOL regulations, “Safety and Health Regulations for Construction,” 29 CFR Part 1926. 11) Seismic Safety If this Contract is for the construction of a building or an addition thereto, Operator must apply the requirements of US DOT regulations applicable to seismic safety requirements for US DOT assisted construction projects at 49 CFR Part 41, (specifically, 49 CFR 41.120), and any implementing guidance the federal government may issue, to the construction of any new building and to additions to any existing building. 12) Buy America Operator must ensure that any Work performed under this Contract complies with the "Buy America" regulations of the FHWA, as set forth in 23 CFR Part 635.410, which generally require that all manufacturing processes for steel and iron products to be incorporated in a construction project occur in the United States. 13) Buy America Certification The Operator agrees to comply with all statutes and regulations that provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in federally funded projects are produced in the United States, unless a waiver has been granted or the product is subject to a general waiver. General waivers are listed in 49 CFR 661.7, and include microcomputer equipment, software, and small purchases (currently less than $100,000) made with capital, operating, or planning funds. 146 of 413 57 Execution Version 14) Audit and Inspection The Operator agrees to permit the Secretary of Transportation ("Secretary") and the Comptroller General of the United States, or their authorized representatives, to inspect all Project work, materials, payrolls, and other data, and to audit the books, records, and accounts of the Operator and its subcontractors pertaining to the Project. The Operator agrees to require each third party contractor whose contract award is not based on competitive bidding procedures as defined by the Secretary to permit the Secretary of Transportation and the Comptroller General of the United States, or their duly authorized representatives, to inspect all work, materials, payrolls, and other data and records involving that contract, and to audit the books, records, and accounts involving that contract as it affects the Project. 15) Certification Regarding Lobbying Operator certifies that it will comply with 6 CFR Part 9, and other applicable regulations, including the following: Operator certifies that no federal appropriated funds have been paid or will be paid, by or on behalf of Operator, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any federal agreement, grant, loan or cooperative agreement. If any funds, other than federal appropriated funds, have been paid or will be paid to any person for influencing or attempting to influence any of the above persons in connection with the Agreement, the undersigned must also complete and submit federal form LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. If there are any indirect costs associated with the Agreement, total lobbying costs must be separately identified in the indirect cost rate proposal, and thereafter treated as other unallowable activity costs. Operator must include the language of this certification in any contracts with its Subcontractors. All Subcontractors are also subject to certification and disclosure. This certification is a material representation of fact upon which reliance was placed to enter into this transaction and is a prerequisite for this transaction, pursuant to 31 U.S.C. Section 1352 (1989). Any person who fails to file the required certifications are subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 16) Debarment, Suspension, and Other Responsibility Matters As required by Executive Order 12549 its implementing regulations, as applicable, the Operator certifies that it and its principals: (i) are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by an federal department or agency; (ii) have not within a three year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust 147 of 413 58 Execution Version statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (iii) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (iv) have not within a three year period preceding this application had one or more public transactions (federal, state, or local) terminated for cause or default. If Operator is unable to certify to any of the statements in this Section, Operator must attach an explanation. This certification is a material representation of fact upon which reliance was placed to enter into this transaction and is a prerequisite for this transaction. 17) International Anti-Boycott Operator certifies that neither it nor any substantially-owned affiliated company is participating or will participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated thereunder. 18) Liability The FHWA and City assume no liability for actions of Operator under the Agreement, including, but not limited to, the negligent acts and omissions of Operator’s agents, employees, and Subcontractors in their performance of the Operator’s duties as described under the Agreement. To the extent allowed by law, Operator agrees to hold harmless the FHWA and City against any and all liability, loss, damage, cost or expenses, including attorneys fees, arising from the intentional torts, negligence, or breach of the Agreement by Operator, with the exception of acts performed in conformance with an explicit, written directive of the FHWA and City, unless such actions are covered by indemnities stated elsewhere in the Agreement between the parties. 19) Records and Site Visits Operator shall, upon request, grant access to the City and/or FHWA and the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the Operator which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcriptions. Operator must maintain all such books, documents, papers, and records for a period of three years after City makes final payment and all other pending matters are closed. Operator acknowledges that, if applicable, it will comply with any and all reporting requirements under applicable regulations. 20) Drug Free Certification Operator shall comply with the federal Drug-Free Workplace Act of 1988, 41 USC §701, 44 CFR Part 17. The Drug Free Workplace Act requires that Operator shall not be entitled to receive any monies hereunder unless Operator has certified that Operator will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of the agreement and debarment of contracting or grant opportunities with the City or State for at least one (1) year but not more than five (5) years. Operator certifies and agrees that it will provide a drug free workplace by: 148 of 413 59 Execution Version (a) Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the Operator’s workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant, the employee will: (A) abide by the terms of the statement, and (B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. (b) Establishing a drug free awareness program to inform employees about: (1) the dangers of drug abuse in the workplace; (2) the Operator’s policy of maintaining a drug free workplace; (3) any available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties that may be imposed upon an employee for drug violations. (c) Providing a copy of the statement required by subparagraph (s) to each employee engaged in the contract or grant and to post the statement in a prominent place in the workplace. (d) Notifying the contracting or granting Agency within ten (10) days after receiving notice under part (B) of paragraph (3) of subsection (a) above from an employee or otherwise receiving actual notice of such conviction. (e) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee who is so convicted, as required by section 5 of the Drug Free Workplace Act. (f) Assisting employees in selecting a course of action in the event drug counseling, treatment, and rehabilitation is required and indicating that a trained referral team is in place. (g) making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. 21) Copeland Anti-Kickback To the extent applicable, Operator must comply with the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR part 3) 22) Davis-Bacon To the extent applicable, Operator must comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a–7) as supplemented by Department of Labor regulations (29 CFR part 5). The current wage determination is incorporated by reference: http://www.wdol.gov/wdol/scafiles/davisbacon/IL9.dvb 149 of 413 60 Execution Version 23) Compliance with Law and Regulations Operator must comply with all applicable provisions of FHWA regulations, and all state and local laws, ordinances and executive orders relating to the Agreement, including, but not limited to: Provisions of 49 CFR applicable to grants and cooperative agreements, including Parts relating to Administrative Review Procedures and Nondiscrimination. Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60)Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; the Americans with Disabilities Act (ADA) (1990); the Age Discrimination Act of 1975; Sections 102 and 107 of Contract Work Hours and Safety Standards Act (40 USC 327-333) as supplemented by 29 CFR part 5; all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 7401 et seq.), the Federal Water Pollution Control Act (33 USC 1251 et seq.), section 508 of the Clean Water Act (33 U.S.C 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); all applicable provisions of federal Environmental and Historic Preservation regulations; all mandatory standards and policies relating to energy efficiency that are contained in the Illinois energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). Information National Historic Preservation Act of 1966, 16 U.S.C. §470 et seq. and Executive Order 11593; Archeological and Historical Preservation Act of 1966, 16 U.S.C. 569a 1 et seq.; Historical and Archeological Data Preservation Act of 1960, as amended, 16 U.S.C. §469 et seq.; the Illinois Procurement Code, 30 ILCS 500 et seq. Operator certifies that its facilities are not listed and are not under consideration for listing on the U.S. Environmental Protection Agency's list of Violating Facilities. 150 of 413 61 Execution Version EXHIBIT 7 Chicago Agreement See attached. 151 of 413 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!#* #* #* #* #* #* #* #* #* #* #* #* #*#* #* #* #* #* #* #* #* #* m m m mm m m m ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· nn n n n n n n n n n n nn n n !( !( !(!( !( !( !( !( !( !(NORTH SHORE CHANNELNORTH SHORE CHANNELLAKEMICHIGAN9 8 6 3 4 21 7 5 10 MAIN ST DODGE AVEASBURY AVEHOWARD STMCCORMICK BLVDCHURCH ST CHICAGO AVEGRANT ST OAKTON ST DEMPSTER ST EMERSON ST RIDGE AVESHERIDAN RDDAVIS ST G R E E N B A Y R D LINCOLN ST ISABELLA ST CRAWFORD AVEMCDANIEL AVESIMPSON ST CENTRAL PARK AVENOYES ST ELGI N R DGROSS POINT RDSOUTH BLVD CENTRAL ST FOREST AVEGLENVIEW R D MCDANIEL AVERIDGE AVESHERIDAN RDISABELLA ST NOYES ST CENTRAL ST !(Divvy Station !(Divvy Station (Sponsored by Northwestern) !!Protected Bike Lane !!Bike LaneBike RouteOff-Street Bike PathPoints of Interest #*Community Venue ²·Grocery/Retail Store m Major Employer n School District 65 BeachWater Æb Train Station Within Half-Mile of DivvyWithin Quarter-Mile of DivvyMetra Commuter TrainCTA Purple LineRailroad Divvy Bike Station Regions 2/18/2016DivvyBikeAnalysis.mxd This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information. 1:31,680 1 inch = 0.5 mile 0 0.5 10.25 Mile ¯ 152 of 413 For City Council meeting of February 22, 2016 Item A7 & A8 Resolutions 6-R-16 & 7-R-16: Settlement of Litigation with Advanced Disposal and Entering Into a Host Community Agreement with Advanced For Action To: From: Subject: Date: Honorable Mayor and Members of the City Council Administration and Public Works Committee W. Grant Farrar, Corporation Counsel (A7) Resolution 6-R-16 – Approving Settlement with Advanced Disposal (A8)Resolution 7-R-16 – Approving Host Agreement with Advanced Disposal February 22, 2016 Recommended Action: Staff recommends City Council adoption of Resolutions 6-R-16 and 7-R-16. Summary: History of the Waste Transfer Station (WTS) The WTS located at 1711 Church Street located and began operations in 1984. The State of Illinois through the Illinois Environmental Protection Agency retains sole jurisdiction to locate and permit the WTS, and IEPA has continuously issued permits for operations since that time. The City has no statutory or regulatory authority under Illinois law to shut down or forcibly relocate the WTS. In the 26 years prior to 2010, no transfer station fee was imposed or collected by the City regarding WTS operations. Litigation & Resolution 6-R-16 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 WTS operations. This fee was unilaterally imposed by the City over Veolia’s objection. Concurrent with the litigation, the City Council and staff worked diligently over the years with state regulatory agencies and elected officials to seek ways of relocating the WTS out of Evanston. Significantly, the City committed Veolia/Advanced to paying the fee while the litigation was pending. The City collected $1,263,247.90 in Transfer Station Fees since 2011. During the 19 quarters the fee has been in effect (each quarter being 3 calendar months), Advanced averaged a fee payment of $66,500 per quarter, thus averaging approximately 33,500 tons tipped at the WTS over an average 3 month quarter. The fees collected were sequestered by the City, and remain unspent in a set-aside City account. Under the recommended settlement, the City keeps all WTS fees paid since 2011. The Cook County litigation will be dismissed. The City’s Law Department effectively Memorandum 153 of 413 litigated the defense of this case in-house, thereby avoiding hundreds of thousands in outside legal fees charged to the City. With any litigation, outcomes are hard to predict and it is likely that, if not settled, this litigation will continue for years. In the event Advanced prevailed in its claims against the City, the possibility exists that all host fees currently sequestered and/or payable in the future, would be lost. Resolution 7-R-16 & the Regulations Imposed Upon the WTS The recommended Host Community Agreement (“HCA”) will 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, 2018. The terms of the HCA are similar to other HCA’s negotiated by other municipalities with WTS operators. IEPA issued permits approving of the proposed station improvements contemplated by this HCA. The site improvements to be completed at Advanced’s expense are intended to further minimize blowing litter and improve traffic flow. The terms of any such HCA were always subject to final City Council approval and authorization, and subject to citizen review and comment. Section 9(m). Section 3 of the proposed HCA provides that the City retains jurisdiction to inspect the WTS for compliance with the terms of the HCA, as well as the IEPA permit conditions, and any other applicable statute, law, ordinance or regulation. Section 2 mandates that citizen complaints be responded to within 24 hours. Section 9(g) specifically mandates that Advanced operate the WTS in: “strict accordance and compliance with all applicable federal, state, and local laws.” Section 4 requires Advanced produce certified weight receipts from the WTS. If the host fee is not timely paid, the City retains the right under the City Code to fine Advanced for each day the fee remains unpaid. The City retains the right to cite Advanced for ordinance violations relative to nuisance, litter, and the like. This is consistent with the past practice of the City relative to citing and enforcing City Code sections prohibiting nuisances and litter at the WTS. Market Rate of the Fee The Host Agreement provides that the City will collect a $0.75 per ton host fee from Advanced on a quarterly basis, effective January 1, 2018. To assist in negotiations and verify the proper market rate, the City reviewed host fees at 9 other communities, which are set forth below: Community WTS Operator Fee amount per ton Adjustment Y or N? Glenview SWANCC $0.40 N1 Northbrook Advanced $0.00 N 1 The tipping fee on a per ton basis at this location for 2016 is reduced by approximately 15% from 2015 rates. 154 of 413 McHenry County Waste Mgmt. $0.34 N Batavia Advanced $2.28 Y Crystal Lake MDC $1.30 unknown Carol Stream Flood $1.69 unknown Melrose Park Advanced $0.60 Y capped at 6% per year Wheeling Waste Mgmt. $0.00 N Mt. Prospect ARC $0.00 N Based upon the numbers above, the average fee collected per ton per jurisdiction is approximately $0.73. Staff projects a $0.75 per ton Host fee will generate approximately $90,000 to $110,000 in fees per year to the City, which will increase as the Host fee is increased in subsequent years. HCA Section 4(a): Base fee payable in 2018: $0.75 Fee payable years 4-7, starting in 2022: $0.80 Fee payable years 7-11, starting in 2026: $0.85 Fee payable years 12-16, starting in 2030: $0.90 Fee payable years 17-20, starting in 2034: $1.00 Fee payable every year after 2034: $1.00 + 2% annual increase Unlike the City’s proposed HCA with Advanced, many HCA’s do not provide for host fees, or annual adjustments to host fees. The contemplated fee increase over 20 years is $0.25, which approximates a 33% increase over 20 years. The HCA and schematics relative to the proposed site improvements are attached to Resolution 7-R-16 as Exhibit 1. The companion ordinance to these resolutions, Ordinance 8-O-16, provides: 8-24-3: PAYMENT OF HOST COMMUNITY FEE AND ACCOUNTING REQUIRED: (A) Any Solid Waste Transfer Station Operator that owns and operates a Solid Waste Transfer Station shall be assessed a Host Fee of seventy five cents ($.75) per ton, or any fraction thereof, of solid waste delivered to said Solid Waste Transfer Station. The Host Fee shall increase from time to time as required by the Host Community Agreement by and between the City and any Solid Waste Transfer Station Operator. 155 of 413 Attachments: Resolution 6-R-16 w. attachments Resolution 7-R-16 w. attachments 156 of 413 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 157 of 413 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 158 of 413 6-R-16 - 3 - EXHIBIT 1 SETTLEMENT AGREEMENT 159 of 413 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. 160 of 413 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. 161 of 413 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 162 of 413 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. 163 of 413 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. 164 of 413 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 165 of 413 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: ___________________________________ 166 of 413 2/18/2016 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. The City and Advanced continue to negotiate regarding Section 4 of the HCA, regarding the Host Fee. 167 of 413 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, specifically including but not limited to, Section 4 of the HCA, regarding the Host Fee payable to the City. The City Manager may 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 168 of 413 7-R-16 - 3 - EXHIBIT 1 HOST COMMUNITY AGREEMENT 169 of 413 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. 170 of 413 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. 171 of 413 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 172 of 413 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. 173 of 413 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 174 of 413 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 175 of 413 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 176 of 413 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 177 of 413 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: 178 of 413 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 179 of 413 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 56.5 180 of 413 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. 181 of 413 182 of 413 183 of 413 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 0-5856184 of 413 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!. PHBUIING dnCK OF CUNBUSE 6 flAC CEMENT MIX CANCREf (CL-SQ~I~F C~NC wRH 4R - fiX AIR F.HTRMNNFNTCOVER CONCRETE UMIL SEf (PREVENT VANDALISM)CONCREfE__SIDEWALK(MS)' _7~~~ 12" 1" 6"E-fl4RS P ~~ aBARS 6J1S. (18'L)~'uH~ni c }a1 N----~\\\\~ I~IN'~E4 `ai REBr1RS °~-`~~ ~ACC. 4~, d ~rr<-e~.~ q. gGGREGATECURB-GUTTER L6.12)(xrslSTORM MANHOLE DETAILfxn b sd~lC-1C-2C. = JG,-4C-5X-IL-1PRQI~~D~E~ SITE ~l~PR~~~~lE~~'~IVEOLIA WASTE -MAINTENANCE FACILITY1711 CHURCH ~T.C~/"1~11~~~~~ , OL.SKOK!FJLocation 8c C;ity Sewer Koutinq Map ~'I----COMBINED )SANITARY ~-STORM ~ M.W.R.D.G.C. INTERCEPTOR SEWER NLOCATION: N.W.-1/4 OF SEC.-13, TOWNSHIP-41 N. & RANGE-13 E. OF 3 rd. P.M. IN COOK CO., IL~ '~.C,_0 N_ T R.. A _C T O R_.~ _ L _I_ S_ T(NAME /ADDRESS /PHONE /FAX)pcyfu mflNC~I~ FROCI(1M COMTM1t~STORM SGWFFCONC,RFiFWJAENAME:NnME:NAME:ADDRESS:______,____.DRESS:_ADDRESS:_____ AO~RESS:__PHONE:PHONE:_ PHONE: _PHONE:_ -PAX:FA%:,FA%: __"FA%:__FY •V~TION ° •R MN-NP1IE:SIGNS k STRIPINGNAME:_BIT CONC PAVING__ NAME:InN~eGPMGNAME:- __ADDRESS:ADDRESS:_ADDRESS:_MDRESS:_PHONE:PHONE: __PHONE:PHONE:_FAX:FA%:FA%:_FAX:I N D E X Q F S H E E T STITLE & DETAIL SHEETDEMOLITION & EXISTING TOPOGRAPHY PLANS~ 1 t I~Lfa~V~ j7U (Y PLANGRADING &~ EROSIONBUTTRESS RETAININGLANDSCAPE PLANPLANBIN DETAILSPROPOSED SITETITLE &IMPROVEMENTSDETAILVEOLIA WASTESHEETMAINTENANCE FAgLITY1717 CHURCH STflEETEVANSTON, IL 60202Sneet No.F~_~ fNJT Project No.10-5856o ~~p~~,~~,~J°~,~~,°~~3185 of 413 ~\ \\ ~\ ~ ~X61~~ \ ~ ~\ \~ \ \\\~ ~~~~~~~x613.96 \ \ \ ~\ \\\\\\~ ~\\~ ~ ~ \~\~~ ~ DEMQLIT!ON LEGEND\~ ~~ ~ ~F~R~! ~\\\ ~ ~ ~~ ~ ~~ ~ \ \ \ O REMO EU FGUrvLA 0 ~S) TOTA MiNiM~M 2' BtLOW FINISHED ikAGE~~\ ~CFj~\\ \ ~ ~ ~ \`~~ G P.0 CONCRETE SIDEWALK %STOOP REMOVAL~ \\~~~\ \ C'qG `~~~ ~ ~\~ ~~~~ ~ \ ~ `f~ST QN CONCRETE PIPE BAl.LARD REMOVAL\ ~5 \~ ~~~\\~\ (F\O & ~~ ~\\~ ~ \\ \ ~bm23 CRY OQ TREE AND STUMP REMOVAL~~ \~~ ~ \\ ~ ~ RMFR kAq\R%/y\'e \~~ \ ~~ \ \ \~\\ ~` CO~O~ QP BITUMINOUS PAVEMENT REMOVAL -ENTIRE~~ . ~Ye~ ~ ~ vM~ (q~ CONCRETE CURB & GUTTER REMOVAL~ ~N J \~ \\ \ ~ N~(/ R CONCRETE/STONE BLOCK REMOVALyu~' 1\~ _~~g~~~\ \ ~ `9~C~, ~ ~CK , CT/Q~ ~~\~ ~~ ~~ \ ~ \~C \ ~ 2 O7'~ ~ ~ ~\ ~ ~ S (S7 LANDSCAPE BLOCK WALL REMOVALf r 9? X 6/i65 ~~F RFq K/C ' ~\\ ~ ~~\ ~~~~Q moo ~ ~ \ ~T j~ ~e~\T \ ~\ ~~ ~ ~~~~ ~ ~ `~~68 j\ ~ ~ ~ ~ \N .. 5~-- \ ~~ \ \ ~'' S~ C R ~ \ ~.~ez~sr. O~ON \ f~RETq~ ~\~ ~~~: \ \ \ ~~\ \~ ~ \\ ~/ \ \~ ~ ~ ~ ~ ~ ~ PART OF SE 1/4. SW 1/4. NE 1/4vnu~t \ ~ 3r3 P.M.~6 E° I ~~ IyFA~~ ~\Niiy`~,q` ~\\ ~~ ~ ~ ~_ \ \ \ ~°~ ~\ ~.~~ \ ~ I SBf TtOtu ?g Taly, R13gft~ ~ ~ S ~ ~ FQ ~ Rp ~\~`~~"'' \~ ~52v ~ ~ \~ \ ~ ~ ~~\ \ \ ~ CITY OF EVANSTONs (, ~ v aq//y tee„ \ ~ \ ~ \\~~ ~ ~ ~ ~ ~ ~ ~ CuOK e0Urv7'r. 1Li,INOIS~ ~ Jiii ,y rs~ \SENT ~ ~ ~, ~ ~ ~+"~ ~~\" '~z~'`\ i s~,. , ~ \~ ~~ ~ ~\ ~ ~ ~ ~ ~ ~ ~. YII a me O~ff+(~~~_ .eo ~ ~, bra. sir 6». R'Nf ~~ ~~ \ \ ~"II , uismc ~&/V j x ~ x ~ ~ ~ 614.O~o /~ FO x ~ \\ \~ ~ \ \ \ \ \ \ U ~~ ~~/~ / ~ ~" A~S~'EFXI IT ~` L x> ~ ~- ~ =~ ~~~\~r~'' RANUCgR S~ \ ~~}- FO ~~\~ ~ ~ ~~ ~~ \ ~ ~ " \ I3 .6~~~+~/~4~ N~ TRf~NCH ~ .S/ /'NC ~. l fry_ 6 98 J \ \. 1 ~Z\~~\\\ uRFA~c ~\\\c \~:s~ ~° ~~\ ~~ ~ \~ _\~ \~ ~ \ _~ R-4944-L3 ^I ~\ ~- ~o ~ ~ ~ ' y~ ~ ~)~ ~igg~~g~ 9g910~ 7~ / ~ \ \~~s,ra! ~~ \ ~.~ 004 ~ '~~ \ ~ ~~~\~~ ~ ~ \~ ~ ~a. ~ -- 1593.25 4 1T~T / '\ /~9e6.30 ~~~ZOS ~609.55~\ / ~ \ ~ 61271 ~\~~~ ~\\ \\ ~~ ~~59 ~ ~ "< 0~' ~ ~ ~/ ~~1.88 ~ ~592.5\ \~\~ \ b~~a blJ.l ~ \ !-~ \ ~~ ~ \ ~ ~ '/ a ~SSi 0 ,s ~ t ~~~ / ~ee sys ` ~ ~ ~\ ~.~\ ~ ~RMFR._ ~6~ ~~\~~ \ ~ ~ ~ ~~N ~ ~ ~~ ~ / ~ ~~ j ~~ S~q~~ \ / 9 ~ `~.yLf'?s \4b. \\\ ~~~ISB I (F Rb1E\/~/Ci ~ ~1~ \\ \\\~\ 6`// ~ g~ r Y ~/ \ 0. I 3 saes ~ 9g80 ~ SSE \ ~ R vb ~• C~w~ ~ ~~~. RAi~ R~q~,,~~ \ ~ \~ \~ \~or //j I ~ ~~ ~ ~59ESO(1~ ~ y/~ / ~ / by ~ ~ 9q ~'1 <.~~ ~ ~~F~~oq~,_\\~~ ~ x 614A5 ~ ~ TFn. ~ \\ \~ \~~ ~\ _5Q f( ~ ~v~'Q~5g9 D /J ~0' / Y ~-\ / ~~ i~ /'~°iy \ \ X59 45 6p 3J\` ~~\\\\ \~~ \~~ TR C^ \\@,U~N R ~~ \~- _ ~ 592.77 5 a \ ~ "'"~• ~ ~-1I ~ ~ ~ 9^~ -\ __ ~E6 ---~~ _ _~i _ ~ / .__.___.+/__~~ 64 - 5~ 'G SC~ 99 'o` / 555,1( \ ~ ~~ ~ ~~\~ ~\ ~\\w~ \\ x b1i67 [/RF,q~~ R/C,{.~~/ F/ ~l!P 618 ~ _ i ~~ -~+(~ \ - / ~a~ ~ ` ~~"°t3' T ~ ~°, j~~_J ~ ~ \ \ s ~ ~~~+,~~~ ~\~ / 1n639-~~a ~ 6 90 8.79 66 a ~Y x ~~~` ~S<~ ~ os o ~~ ~,~\\~G / ~'9 Y ~ ~ P°~ ~ - ~ ~ ^~y ~ ~y ye ~ o ~ ~ ,,yass ~~ ~ ~ ~~ Xq~ 6~~\ Fe~Ta e a ~ ~~ \\ x 6I/.6 0~ ~ ~ r~snxc s• c~sv:neT wR :_ 6° _ _ 6° P _. f`~ ~~~ - cIn- ~. ~ \~ n„ \\~~ \\ s139(3. / `F 99 ~' s ~i'~ 6~~~ 6~~ 59697 SDl '~4j S~ '~Sa' 'Fo4'~596.15 \ / ~ ~ ~ ~ S ~\ ~ \ ~ ~ m6~ ..~N ~ x ~jcT~T-'~ ?~^ ✓x x5%.65 _'~k _ '~ 96.72 __ ~ ~ \ \~~ EXiST1NG PRECAST CONCRETc FENCE ' EXISTING PRECAST CONCRETE FENCE 83~ ~'~~~E~~ '~ 1~~ ?~~ ~"°~ ~ ~ ~~~ ~ ~+~ I T~~9. 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~"186 of 413 \ ~ ~ ~~,,, 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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". °s~ 96.9}4 ~~~ Z~r~'~M1Sf ~~ \ ~ EARRING X~Ib1 t'' ~ -E'J~ ~/1' ~ ~'' 9618 ~F~-1 I ~I~~ ~ ~ ~E(~~. a.„off\ \ \' \~~~ I SONRY ~ ~' ~``y~ \ 59/.79. \ \ ~' 3 'S~)p9 5 3 96.0 59G ]5 ~/ ~~ ~ ~ ~/~^` "~P \ \ ~ ~~ ~- I aRAGE W ~ ~ ~ £ 4a^ XSM.65/ \ E.GE 59686 ~ yg11 Jb ~ II~-~ 6 R(G 9lN~//^ \ A~\~~kF~\ ~1\62 -` -~~,~ ~ ids a°m ~`\,'```~mP 9 0`°~~q~~ \\~~\~p,, 96i\ \ /\ 97.2 q~2~6m~~[r[ I ~N ~~7~ 9 ~\ '2Q T ` / \ 6 \ ~ i i CHAIN INK FENCE ~ ~,%( .65 ~,.~ S `i ` S ifs \~86 ~ 536.00 '~-~\ - f G88 .OS ~' (iO ~YM~ I.x.' x ^~,~ og o ~~Y.~X~11~~~ ~ s Ih.S ~/~6 ~0~9~ \\ ~ ~ ~e ~< i ' ~S ~~~~ ~ LO ~ _--- - X597.04 b~ ~ \~ ~ R ~ i ~- .r Sips I / ~IAS I x/~ 'z O~ 6•° s Q ~ ~ \`~~~~~\yC 1.07 \ ~ ~ ~ r W ` ~'~ ~ St~Fe\. ~ 9 ~ \ 96.78 i.0 S4 -CUT ~~~ e J~ ~ \ \ ~ ~ v RlM- ~ ``` fi ~ / I, '... ~ 9Fax~ ~ .S:G'6 ~ ~ 6Bl~ T \\ ~ ~"~' <t~ .~ soe? ~08 Off\ ~ !~ 597.47 N~~ ; f` 594.50 .:, ~~ _ ~'>:M 4/ \ 9 ~ s9~ '.59Geff, DERRES E~;~93.3,E ~ o~ ~g D 0 ~T~ 2 ~_ ~ 5_------- -- `'-~ \~~----- i' .. .6 ,p s ~~ ~M c JS, y-_,_ ~ z Cc7/RB HVAC S6 J~ 9.0 / ~ e \ ~ ~__ --609___-- ~ 59275 '1 ~~'__"'S~3~ ~_J: ~ 595.~a I OWER9 6~ '~ 588 597.95 _ ~_ 1' O~S ~ \ ~~ ~ 683-- -~~ 597. ~ 59Sy. ~ -8' SIDE Y' o ~ ~~K~~596.5--'r_~ T~ 96.75 -- 9 _ ~ 5 - I I o\ / __._ ~ ~cS~ '- ~ ~~. .'0 ~ ~ 60.6' 96.3 ~ ~~ :. _:'. .' i9o.3 ~q R~~ rn\1 ~ 6'+' --fig&- 597. ~C ~ ~ 96.3 ~i~ ~`.: !~6'° ~-___ ~n4-- _~ LvT 3 JD~~ (N00'01'25"E - 160.430 ~;°z ~ ~~`j So<.p~l m60 / W ~597A5 ?~ln sszm r~~,rr ; so< I ,y~~~\ /~\ ~ / ~s~ ~o ~ c?go, \ \ ~ ~ 597.16 i0 i 1 i ~ ~ 1~, ek, ~ / EXi51. BLDG. ~e~ ~ R,„- ~ ;,~ \~ J ~. ~~ 60 8 ~,~ a CURRENT OWNER: Sid ~ 59 61 596.a7 Nz _~~ / 36 ~ ~ \ RT A ~ // U ~ F ROBERT STRANGE ENGINEERING „o~ I ¢ ~ xT a~~~ g~ ~ 6 ~.~ 29 ~~3 ~ ~ ~I__SCALE: >'_ fOL ~ ~ ~,--, o - - - - ,soy - - - -~ ~ EXIST. BLDG. m ~~_ ~osc~cu+airecrs: NOAMANJ.TOBEAMAN&ASSOCIATESLLC. ~~+~` No. Dote 2e~sion No. Date Revision No. Date rtevis~an ~ Tp PROPOSED SITE GRADING &SURVEYOR OWNER `'` EROSION0 0' 2 _ _r~,w -en-L wIXrWn _ ~ OANO Bl'CROFr ~EOUA ES SOLID WASTE MIDWEST. ctc. CONSULTING CIVIL ENGINE RS ~?;' 19325 "~F,A IMPROVEMENT~ ~~%+> k~^'-C -t b-drer -~-•~ 6a+age xm. -Y p340 5. ARLINC70N Hr5 RD, iJ75 7/N AVE CNECI(m • REGISTEE ~ Swany Rm -~ ~ ✓de t umrt O µ.ms ~~.n a lie /b SUIT£ 620 NEWPORT, MN 55055 2340 S. ARLINGTON HTS. PD., SUITE 620 ~! ~ ~, VEOLIA WASTE PLANy~ y,~ ARLINGTON HEIGHTS, IL 60005 - PROFE i MAINTENANCE FACILRYSCALE : I ~= PDT G ~ -~ OO ~'° CP'^~"*' OO 5mdu. sre ia' ARLlNCiON HElCHTS, lL 60005 OFFICE (651 J 40J-5705 Z., 12Q k"~~ O A„ w.~ e ea X ~ ~ PHN: (H47) <J9-8215 Fi~~ (65 ~) <58-H<55 r r PHN: (847) 439-8225 FAX: (847) 4398321 i EER 77 7 CHURCH STREET Sheet No.E ~ IR ~, MAII@TOBEHMAN.US WWW.TOBERMAN.US ~~~~' '+ OF EVANSTON IL 60202 ~-~ [,N 0 ydm u e ~ ~ -~ FAX: (84]) 4J9-822/ MOBILE: (611) ]09-7906 ~~ pw^K~~+ ~~~~~~ ~ ~~ ~ Sbw✓r, lb-;-a ,I9) F-IIl1-3 EAGJL: DAVf~iOBERMAKUS ✓CFFR6: ELLER004EOLt1£S.COM ~" °iJgi ~~C 1 N O~~ NJT Pfo 2Ct N0. Of JO ~"°' a°'" ~ ~^~'°'> ^~ Abp" ~ IY~4'W.VEOLIAES.COM DESIGN FIRM N0:~ ~ a~stta ~ ~~ 0,,,~,~,,,, ~-,,,~~,_ '_"""'°" EXPIRES~049130-17 EXPIRES: 11-30-i1 10-5856 io~~~~~~~~~a~ ~a~,-189 of 413 r~it II! I I IvK~~ V ~j' ~111 S ~ _________________________________`_________________________________ r~*TPLAN VIEW PUBLIC DUMPSEC?ION P-A.,Bu~laESS vnl~ ~1rP'i--~s A4SECTION B-BSTRUCiURRL GENERAL rvOTEir LENERALPLAN VIEW DIESEL STORAGE TANKofSECTION C-CTHC C^N._T~L '1CV ~C?£S W._R~C~ d = i9R !vFCoH^?~C~ n ~ N!p"x[~ "+`P ~ _ •'Cr '7 °_ rtKE4 ~C !Y.FE4 RYA? *. Y.E E4G!Nrrp rS ~u ... w RE~~O~S:9LE SCR, ^_RIxVp1.VED IN. THE PCTUPL INStALLNTION. CONTRR[T~R SNALL BE SaLEIY RESPONSIBLE FOR HgVING KNpVLEOGE IN NNO PERfpRMING TNE4VpRK^IN PCCORDPN[E VITN THEINTERNPTIONRI BUILDING C~OE 2009. THE ACI 318-OS 6~ILDINL CODE REO~IREMENTS FpR STR~CTURAI CONCRETE. RISC SPECIfICNTION FOR STRUCT~RPL STEEL, OSNA, ANOANY OTHER PPPLICPBLE SLANOPRDS. 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. E%CPVPTIONS FREE 0~ VAiER CdNTINU011SLr.'KrILL b~n~rvU eul ircc>a v uS v ~ tcL ~++ lu' Wu~~ ilr i~ t, rnClr:il ~ r Hnninun uOQLNpT PLACE BPCNFIIL BEHIND fOUNORTI~H VPLLS UNTIL THE VPLISLHNVE BEEx PROPERLY STRBILtZED aHD BRnCEO,~ NOR UrvTIL iHE'LONCRETE HAS GNIrvEO RDE~UPTESTRENGTH lWD IVS BEEN CURED A NIN[HIIN pf SEVEN (J) OPTS.DURING E%CAVRTIpN FOR NEV fOUxDPTIONS, TPKE CPRE NOi TD E%LPVaiE BELOV AND UNDERHINE E%ISTING FOUNDPTfpNS i0 REMAIN IN-PLPCECONCRETEAi.l REINF~RCEO CONCRETE YORK SHPLL BE PER 'BUILDING CODE RE~UIREMENiS FOR RE Ix~ORCEO CONCRETE' <RCI 3I8-OS).ALL CONCRETE SHPII BE N~RMPL VEIGNT <000 PSI COlIPRESSIVE STREx(iH AT 28 ORTS.Al.l VEATHER E%POSED CONCRETE SHPIL BE NIR ENTRRWEO 9 TO ] PERCENT BT VOLUME.AlL E%POSED PROJECTING CaRNERS OF CONCRETE vORK SHRL1. BE BEVELED i• UrvLESS xOiE D.PROVIDE A MINIMIIN CCVER ~~ !' AVER REINfCRC~NG STEEL E%[EPT >S FOL! 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.~ 0-5856190 of 413 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: 04-30-11191 of 413 For City Council meeting of February 22, 2016 Item A9 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 Agreement and Fee with Advanced Disposal Date: February 22, 2016 Recommended Action: Staff recommends City Council adoption of Ordinance 8-O-16 regarding a proposed Host Community Agreement (“HCA”) with Advanced Disposal for the Waste Transfer Station (“WTS”). Summary: History of the Waste Transfer Station (WTS) The WTS located at 1711 Church Street located and began operations in 1984. The State of Illinois through the Illinois Environmental Protection Agency retains sole jurisdiction to locate and permit the WTS and IEPA has continuously issued permits for operations since that time. The City has no statutory or regulatory authority under Illinois law to shut down or forcibly relocate the WTS. In the 26 years prior to 2010, no transfer station fee was imposed or collected by the City regarding WTS operations. Litigation 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 WTS operations. This fee was unilaterally imposed by the City over Veolia’s objection. Concurrent with the litigation, the City Council and staff worked diligently over the years with state regulatory agencies and elected officials to seek ways of relocating the WTS out of Evanston. Significantly, the City committed Veolia/Advanced to paying the fee while the litigation was pending. The City collected $1,263,247.90 in Transfer Station Fees since 2011. During the 19 quarters the fee has been in effect (each quarter being 3 calendar months), Advanced averaged a fee payment of $66,500 per quarter, thus averaging approximately 33,500 tons tipped at the WTS over an average 3 month quarter. The fees collected were sequestered by the City, and remain unspent in a set-aside City account. Under the recommended settlement, the City keeps all WTS fees paid since 2011. The Cook County litigation will be dismissed. The City’s Law Department effectively litigated the defense of this case in-house, thereby avoiding hundreds of thousands in Memorandum 192 of 413 outside legal fees charged to the City. With any litigation, outcomes are hard to predict and it is likely that, if not settled, this litigation will continue for years. In the event Advanced prevailed in its claims against the City, the possibility exists that all host fees currently sequestered and/or payable in the future, would be lost. The Regulations Imposed Upon the WTS City staff and Advanced discussed parameters and terms of a possible Host Community Agreement to improve operations at the transfer station. The terms of any such HCA were always subject to final City Council approval and authorization, and were submitted to citizen review and comment. Section 9(m). IEPA issued permits approving of the proposed station improvements contemplated by this HCA. The site improvements to be completed at Advanced’s expense are intended to further minimize blowing litter and improve traffic flow. Section 3 of the proposed HCA provides that the City retains jurisdiction to inspect the WTS for compliance with the terms of the HCA, as well as the IEPA permit conditions, and any other applicable statute, law, ordinance or regulation. Section 2 mandates that citizen complaints be responded to within 24 hours. Section 9(g) specifically mandates that Advanced operate the WTS in: “strict accordance and compliance with all applicable federal, state, and local laws.” Section 4 requires Advanced produce certified weight receipts from the WTS. If the host fee is not timely paid, the City retains the right under the City Code to fine Advanced for each day the fee remains unpaid. The City retains the right to cite Advanced for ordinance violations relative to nuisance, litter, and the like. This is consistent with the past practice of the City relative to citing and enforcing City Code sections prohibiting nuisances and litter at the WTS. Market Rate of the Fee The Host Agreement provides that the City will collect a $0.75 per ton host fee from Advanced on a quarterly basis, effective January 1, 2018. To assist in negotiations and verify the proper market rate, the City reviewed host fees at 9 other communities, which are set forth below: Community WTS Operator Fee amount per ton Adjustment Y or N? Glenview SWANCC $0.40 N1 Northbrook Advanced $0.00 N McHenry County Waste Mgmt. $0.34 N Batavia Advanced $2.28 Y Crystal Lake MDC $1.30 unknown 1 The tipping fee on a per ton basis at this location for 2016 is reduced by approximately 15% from 2015 rates. 193 of 413 Carol Stream Flood $1.69 unknown Melrose Park Advanced $0.60 Y capped at 6% per year Wheeling Waste Mgmt. $0.00 N Mt. Prospect ARC $0.00 N Based upon the numbers above, the average fee collected per ton per jurisdiction is approximately $0.73. Staff projects a $0.75 per ton Host fee will generate approximately $90,000 to $110,000 in fees per year to the City, which will increase as the Host fee is increased in subsequent years. If approved, as a condition of the settlement of all claims and litigation, the City must repeal ordinances 82-O-10 and 68-O-11. Following community input and ongoing negotiations with Advanced, the Host Community Fee provisions more clearly provide that the HCA fee increase on a regular basis (revised/underlined language below). Ordinance: 8-24-3: PAYMENT OF HOST COMMUNITY FEE AND ACCOUNTING REQUIRED: (A) Any Solid Waste Transfer Station Operator that owns and operates a Solid Waste Transfer Station shall be assessed a Host Fee of seventy five cents ($.75) per ton, or any fraction thereof, of solid waste delivered to said Solid Waste Transfer Station. The Host Fee shall increase from time to time as required by the Host Community Agreement by and between the City and any Solid Waste Transfer Station Operator. HCA Section 4(a): Base fee payable in 2018: $0.75 Fee payable years 4-7, starting in 2022: $0.80 Fee payable years 7-11, starting in 2026: $0.85 Fee payable years 12-16, starting in 2030: $0.90 Fee payable years 17-20, starting in 2034: $1.00 Fee payable every year after 2034: $1.00 + 2% annual increase Unlike the City’s proposed HCA with Advanced, many HCA’s do not provide for host fees, or annual adjustments to host fees. The contemplated fee increase over 20 years is $0.25, which approximates a 33% increase over 20 years. Attachments: Ordinance 8-O-16 194 of 413 2/8/16 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. 195 of 413 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. The Host Fee shall increase from time to time as required by the Host Community Agreement by and between the City and any Solid Waste Transfer Station Operator. (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. If any Solid Waste Transfer Station 196 of 413 8-O-16 ~3~ Operator that operates a Solid Waste Transfer Station fails to pay the fee within the required time frame, it shall be fined seven hundred fifty dollars ($750.00). Each day that the fee remains unpaid after it is due shall be a separate and continuing offense. (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, 2018. 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 197 of 413 8-O-16 ~4~ EXHIBIT 1 HOST COMMUNITY AGREEMENT 198 of 413 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. 199 of 413 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. 200 of 413 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 201 of 413 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. 202 of 413 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 203 of 413 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 204 of 413 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 205 of 413 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 206 of 413 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: 207 of 413 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 208 of 413 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 56.5 209 of 413 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. 210 of 413 For City Council meeting of February 22, 2016 Items A10 & A11 Ordinance 3-O-16: Nuisance Premise Ordinance Revisions Ordinance 9-O-16: Rental Licensing Ordinance Revisions For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Wally Bobkiewicz, City Manager W. Grant Farrar, Corporation Counsel Subject: (A10) Ordinance 3-O-16: Neighborhood Integrity Ordinance and Disturbing the Peace Revision (A11) Ordinance 9-O-16: Rental Licensing Ordinance Amendments. Date: February 22, 2016 Recommended Action: City staff recommends City Council adoption of Ordinance 3-O-16, “Neighborhood Integrity Ordinance,” and Ordinance 9-O-16, “Rental Registration Ordinance Amendments.” Summary: The City possesses abundant authority under its Home Rule and Police powers to prevent violent crime and regulate residential properties. The proposed code revisions and subsequent enforcement efforts will ensure that property owners and managers are held responsible for their inability to maintain and manage their properties. The “Neighborhood Integrity Ordinance,” (“NIO”) replaces current nuisance premises regulations. The NIO will embody current best practices and be legally compliant. Revisions to City Code Title 5, Chapter 8: “Licensing of Rental Residential Buildings” will support the proposed Ordinance. To support enforcement, implementation, and citizen engagement efforts, staff recommends the effective date for the NIO to be July 1, 2016. Staff recommends the effective date for the Rental Registration Ordinance Amendments to be January 1, 2017. I. Current Evanston Nuisance Premises Code Language and Legal Overview In order for a premise to be deemed a nuisance, either: (1) the premise must be one where two or more offenses punishable by imprisonment for one year or more occurs within any six month period; or (2) in a six month period, the premise is the site of two or more offenses which are state or federal misdemeanors or specific violations of the Evanston City Code. Some of the following offenses include: (a) prostitution; Memorandum 211 of 413 2 (b) disorderly conduct; (c) disturbing the peace; and (d) drug paraphernalia possession. A person who owns, manages, or controls a premise has thirty (30) days to implement the necessary measures to correct the public nuisances on the premises. If the person maintaining the nuisance premise fails to implement such measures, then the City brings an action to correct the nuisance via the Administrative Adjudication process or in Skokie. The Court may issue an order with mandated corrective actions that must be taken, and, the Court will review compliance with an Order of Corrective Action at a later hearing. If the respondent is found liable of owning, managing or controlling a nuisance premise, the responsible party must pay an initial five hundred dollar ($500.00) administrative fee, along with a one hundred dollar ($100.00) per City staff member per hour is sought consistent with City Code Section 9-5-4(I). Enforcement Update In the fall of 2014, representatives from the Police Department, Health Department, and Law Department first met in order to review the current ordinance and address properties which pose as potential nuisance premises. The staff members continue to meet periodically and members consistently attend seminars and conferences dealing with the subject matter, and diligently review potential amendments and accompanying concerns to the current Nuisance Premise Ordinance. In recent months, the City undertook outreach and enforcement efforts at numerous premises throughout the City. Properties were evaluated on the basis of substantive calls related to complaints of the property, with an emphasis to not adversely affect persons with disabilities, racial or ethnic minorities, or victims of domestic violence. The City’s Health and Human Services Department provided notice to landlords indicating that the City would conduct a site visit to ensure compliance with property standards requirements under the City Code. Public health inspectors can conduct routine, random, unannounced inspections of property not subject to the requirement of a warrant where consent is obtained. The City complied with the Fourth Amendment right to privacy and obtained consent to inspect properties. It is the City’s policy, compliant with state and federal law, to initiate a property standards investigation by obtaining consent to inspect a property. If the City does not obtain consent from the landlord or tenant, the City may seek an administrative search warrant from a court with jurisdiction to investigate a property. This procedure falls in line with the Supreme Court’s recommended action by government entities seeking to investigate properties. The Supreme Court in Camara held that a valid and lawful administrative search requires either consent or a warrant. Camara v. Municipal Court of City and County of San Francisco, 387 U.S. 523, 532-34 (1967). Absent consent or exigent circumstances, a municipality must exercise its right to seek a warrant in order to lawfully enter a private home to conduct a search. Donovan v. Dewey, 101 S. Ct. 2534 (1981); Camara at 529. “The basic purpose of [the Fourth Amendment] as recognized in countless decisions of [the Supreme] Court, is to safeguard the privacy and security of individuals against arbitrary invasions by governmental officials. Camara, 387 U.S. at 528. However, the Supreme Court explicitly recognized that “most citizens allow inspections of their 212 of 413 3 property without a warrant.” Camara at 539. First obtaining consent from an individual is a best practice for municipalities seeking to conduct an initial investigation of a property. At the time of each inspection site visit, the City ensured that it obtained the tenant’s consent to inspect the properties. If a landlord did not permit the City inspector to enter the premises but the tenant consented, then the City is permitted to inspect the property under law. It is universally held that owners do not have the right to prohibit inspections of individual rental units, as that right is reserved for the occupant of the unit. Chapman v. Unites States, 365 U.S. 610 (1961). If an occupant consents to an inspection, the owner cannot refuse such consent. Id. Survey of Neighboring Municipality Nuisance Premises Ordinances City of Chicago The City of Chicago’s “Chronic Illegal Activity Premises” regulations designate a premise which is the subject of three or more calls for police service on three or more different days within a ninety (90) day period a Chronic Illegal Activity Premise. The calls must be either for a case report documenting illegal activity on the premise or for an enforcement action against a person associated with the premise for illegal activity within one block or a thousand feet of the premise. The owner of the property may meet with City staff to discuss the allegations and/or enter into a resolution agreement with the City. If the property owner fails to meet with the City, the City may institute an appropriate action with the Administrative Hearings Department or court of competent jurisdiction. Fines range between $500.00 and $1,000.00 per offense. Skokie Skokie’s “Public Nuisances” regulations are triggered when any of forty-six (46) potential nuisances is observed on the property. The Village has a Nuisance Intervention and Prevention (“NIP”) Committee consisting of representatives from various Village departments. The NIP Committee sets up a preliminary meeting with the responsible party to discuss information and implement a correction plan to rectify or prevent actions constituting nuisances. If the NIP Committee and owner of the property fail to come to a resolution, then the NIP Committee can recommend that the Village file a cause of action in Circuit Court or a violation citation in Administrative Adjudication. II. Recommended Revisions to the City Code The current Code language details specific procedures that seek to correct nuisances in a way that is uniquely tailored for the City. Upon review of surrounding communities, staff recommends the following revisions, which are summarized below. The goals are to increase compliance, meet the community’s standards for neighborhood integrity, assist in preventing violent crime, and regularly engage all stakeholders to prevent nuisances. The Law Department consulted with various fair housing non-profit organizations, including the Sargent Shriver National Center on Poverty Law, the American Civil Liberties Union, and Open Communities. The Code revisions will prevent unintended consequences for vulnerable tenants, including survivors of domestic violence and individuals with disabilities, or otherwise conflict with other applicable fair housing laws. The Federal Fair Housing Act (“FHA”) 213 of 413 4 forbids local governments from enacting or enforcing intentionally or unintentionally discriminatory housing policies. 24 C.F.R § 100.50 Ordinances that have a disparate impact on one or more protected groups can violate fair housing law, unless they are justified because they are necessary to achieve an important municipal objective, which could not be served another way with a less discriminatory effect. The revisions that are outlined below balance the interests to address complex and disproportionate City resource allocation to several properties generating high volume calls for service, while complying with Constitutional and other statutory rights of tenants and residents. The suggested Code revisions are: Nuisance Premises Revisions The current definition of a nuisance premise is overly broad and encompasses offenses that do not assist in the prevention of potential violent crime or criminal activity. The NIO provides that: A. An aggravated nuisance premise is defined as a property upon which one or more of the eight (8) violent crime offenses supported by underlying proof of the specified activity beyond an arrest listed below occurred during any twelve (12) month period: • First degree murder as defined in 720 ILCS 5/9-1; • Aggravated assault as defined in 720 ILCS 5/12-2; • Aggravated battery as defined in 720 ILCS 5/12-3.05; • Criminal street gang recruitment as defined in 720 ILCS 5/12-6.4; • Aggravated stalking as defined in 720 ICLS 12-7.4; • Any offense involving deadly weapons as defined in 720 ILCS 5/24 et seq.; • Unlawful contact with streetgang members as defined in 720 ILCS 5/25-5; or • Armed violence as defined in 720 ILCS 5/33A-2. The majority of the violent criminal offenses included are classified as felonies which may be punishable by a prison term of one (1) year to life imprisonment, depending on the felony class and the circumstances. First degree murder is punishable from a minimum of twenty (20) years to life imprisonment. Unlawful contact with streetgang members is a Class A Misdemeanor, which can include a sentence of up to a year in prison. B. A nuisance premise is defined as a property upon which two (2) or more of the offenses supported by underlying proof of the specified activity beyond an arrest listed below occurred during any twelve (12) month period, as a result of any two (2) separate and distinct events: • City Code Section 3-27-2 for general business licenses, “License Required”; • 2012 International Fire Code Section 107.5 and Section 202, “Overcrowding,” as adopted by City Code Section 4-4-1; • 2012 International Property Maintenance Code, as adopted by City Code Section 5-1-1; • City Code Section 6-4-1-10, “Outdoor Storage”; 214 of 413 5 • City Code Section 6-5-7, “Prohibited Home Occupations” and/or City Code Section 6-5-4 for Home Occupations, “General Requirements and Performance Criteria”; • City Code Section 9-4-3-2, "Limitation On Number Of Dogs"; • City Code Section 9-4-14, "Cruelty To Animals," including animal fighting; • Section 9-4-17, "Dangerous Dogs", of this title; • Section 9-5-6, "Disturb The Peace", of this Chapter; • Section 9-5-18-4, "Resisting Or Interfering With Police", of this Chapter; • Section 9-5-20, "Noises Prohibited", of this Chapter; • Possession, manufacture or delivery of controlled substances as defined in 720 ILCS 570/401 et seq.; or • 720 ILCS 5/11-14, “Prostitution”. Addressing Domestic Violence Concerns Ordinances which include domestic violence calls have a chilling effect on an individual’s willingness or ability to report crime and this is not the intent of the City of Evanston ordinance. This revised ordinance will prevent unintended consequences for survivors of domestic violence, and will state that domestic violence calls are not a “nuisance premise activity.” The State of Illinois recently passed P.A. 99-441 which prohibits units of local government from penalizing landlords or tenants for emergency calls based on domestic violence or an individual’s disability. The City already complies with this statute and continues to comply with this statute. The suggested City Code revisions incorporate language allowing for single person eviction against the perpetrator. Property Forfeiture Provision Elimination Recommended revisions eliminate provisions related to the City’s acquisition of properties deemed a nuisance premise. The intent of the ordinance is to ensure the City’s public health and safety concerns are addressed in accordance with its powers afforded by the State of Illinois. The relief requested from the City focuses on corrective action requiring the property owner to remove and prevent the nuisance(s). Property forfeiture is not rationally related to the City’s focus. Disturbing the Peace Revision The suggested definition revisions for ”Disorderly Conduct,” City Code Section 9-5-3, and “Disturb the Peace,” City Code Section 9-5-6, track Illinois Criminal Code language verbatim and align with the definition adopted by similar municipalities. III. Residential Licensing The City currently has a Residential Registration Program for owners of rental properties. In the City of Evanston, rental properties are approximately 8% of the housing stock. Staff recommends Code revisions to complement the “Neighborhood Integrity Ordinance,” further reducing criminal activity and improving the safety of Evanston residents. Additionally, the proposed revisions seek to encourage and promote positive relationships with landlords. These revisions emphasize the importance of property management with landlords and ensure that landlords are responsive to community concerns. 215 of 413 6 Staff proposed to classify a satisfactory compliant rental property as a Tier I Rental Residential Property. Staff will classify a noncompliant rental property as a Tier II Rental Residential Property. Determination of what constitutes a compliant property is further detailed in Subsection B below. At this point, staff estimates approximately 15% of all rental properties will fall under and be subject to additional scrutiny as a Tier II Rental Residential Property. An overview of the rental licensing revisions follow: A. The following licensing fee structure is recommended: Building Type Licensing Fee Tier I Rental Residential Properties Tier II Rental Residential Properties Single-Family $20.00 $100.00 Condominiums $20.00 Apartments with: 2 – 4 Dwelling Units $30.00 $100.00 5 – 12 Dwelling Units $50.00 $300.00 13 – 24 Dwelling Units $100.00 $500.00 25 – 50 Dwelling Units $150.00 $1,000.00 51 – 100 Dwelling Units $300.00 $2,000.00 101+ Dwelling Units $500.00 $2,500.00 B. The City will use a grading system to determine whether a premise is a Tier I Rental Residential Property (rental properties satisfying of all City rental registration requirements) or a Tier II Rental Residential Property (rental properties failing to satisfy all City rental registration requirements). This system is based upon inspection results, the history of the premise related to inspections and service calls, and other equally applied, rational criteria. Tier I Rental Residential Properties will continue to pay the annual fee and will be inspected on a 4-year basis pursuant to established City practice. Tier II Rental Residential Properties will pay the annual registration and licensing fee, and will be inspected on a yearly basis. The annual inspection will be in addition to as needed inspections and other service calls to the premises. Tier I Rental Residential Properties will be evaluated on a periodic basis to determine if they can be reclassified as a Tier II Rental Residential Property only after sustained improvements are documented. C. Licensing fees, as well as any additional assessed fines, are intended to assist in paying for the inspections and other associated enforcement costs. D. License suspension, revocation, and non-renewal hearings will be conducted by the City Manager or his/her designee. This is consistent with hearing procedures for other City licenses. The ordinance specifies the grounds for these actions. All residential rental units which are subject to ongoing enforcement actions or in the process of hearings will be identified by the City in public communications. 216 of 413 7 E. Every residential rental unit must be registered and licensed prior to it being offered for rent in any manner. F. Any owner or operator of a Tier II Rental Residential Property must make available at the time of inspection all leases with an Acknowledgement of the City’s Neighborhood Integrity Ordinance. G. Upon sale of rental residential property, the rental license terminates and the new operator must re-register with the City. H. All owners or operators of rental properties must post a standard City of Evanston promulgated weather proof sign showing the name and twenty-four hour contact number next to front door. City staff will draft and issue this sign to all owners or operators of rental properties. I. All owners or operators of Tier II Rental Residential Properties must attend a Neighborhood Integrity and Community Responsiveness Training course. This training will focus upon crime prevention, security assessments for residential rental units, interaction with police to prevent crime, tenant screening, recognizing gang and drug activity, and other matters. Staff will develop the curriculum for this program in 2016 for implementation in 2017. Discussions with the Sargent Shriver National Center on Poverty Law, or another fair housing organization, may result in neutral third party guidance. Failure to correct violations and/or complete this training course will subject the owner or operator to fines and other penalties. J. No owner or operator will evict, threaten to evict, or take other punitive action against any tenant by reason of good faith calls made by such tenant to any law enforcement agency relating to criminal activity or suspected criminal activity, or public safety concerns at the residential rental unit. This shall not otherwise prohibit a lawful eviction. No person shall make a false report with the intent to affect the licensing status or inspection schedule of the property. K. Any statements made by the Illinois Association of Realtors or any other association or business that is not in agreement with this memorandum are not supported by facts. Such statements should not be taken as the City’s position. Legislative History: On January 19, 2016, Staff presented for City Council’s review and guidance a summary of proposed revisions to the nuisance premises regulations and amendments to the current rental registration requirements in the City of Evanston. Addressing Aldermanic Questions from the January 19, 2016 City Council Meeting What means does the City have to address hoarding problems within the City? The City can address hoarding within the community via City Code Section 8-3-1 et seq. The City can also use City Code Sections 8-3-1(B), 8-3-2(A) and 8-3-7-2, “Littering – Maintain Premises.” What is the history of previously demolished properties? In the past five years, the City has had one demolished property related to nuisance activity, specifically hoarding. For this property located at 1131 Sherman Avenue, the 217 of 413 8 City foreclosed on the garage demolition lien and sold the property to a neighboring property owner. Why does the Neighborhood Integrity Ordinance include a limitation on dogs and not cats as an offense that can classify a property a nuisance premise? The City Code currently does not have a provision that limits the number of cats in a residence. City Code Section 9-4-3-2 only places a limitation on the number of dogs per premise. The distinction between canines and felines is largely based on the inherent nature of their respective behavioral differences; dogs generally require more care and cats are more self-sufficient with litter boxes and other devices. Will the Neighborhood Integrity Ordinance address unlicensed home businesses, such as an unlicensed landscaping business? Yes. The Neighborhood Integrity Ordinance encompasses City Code Section 6-5-7, “Prohibited Home Occupations.” Landscaping businesses fall under this City Code Section. Additionally, businesses that are not properly licensed fall under City Code Section 3-27-2 which also falls under the Neighborhood Integrity Ordinance How effective is “single person eviction” in the context of domestic violence situations? Single person abuser-only evictions have been in place since 2010. The Sargent Shriver National Center on Poverty Law notified the City that this provision is currently utilized by landlords without any known problems raised to date. Is marijuana covered by the Controlled Substance Act? Yes, marijuana is covered under the Illinois Controlled Substances Act and Federal Controlled Substances Act. See 720 ILCS 570/102(f); 77 Ill. Adm. Code 2070.20; 21 U.S.C.A. § 802(16). Will there be an adverse effect to the Tort Immunity Act if the City now has notice of problem properties? No. The notice issue comes into play with properties owned by the City. For instance, the notice exception to governmental tort immunity requires proof that the defendant had timely notice of the specific defect that caused the plaintiff's injuries, not merely the condition of the area. See 745 ILCS 10/3-102(a); Zameer v. City of Chicago, 2013 IL App (1st) 120198, ¶ 23. The NIO will not diminish any immunities afforded the City and its employees under the Tort Immunity Act. Pursuant to 745 ILCS 10/2-201, the City and its employees have absolute immunity for discretionary decisions. This grant of immunity is based upon the concept that government entities and their employees should be allowed to exercise judgment without fear that a good faith mistake may subject them to a lawsuit. See White v. Village of Homewood, 285 Ill. App. 3d 496 (1st Dist. 1996). Pursuant to 745 ILCS 10/2-104 and 10/2-206, the City and its employees are immune from state law claims, which result from the “issuance, denial, suspension or revocation,” or the “failure to issue, deny, suspend or revoke,” any permit, license, certificate, approval, order of similar authorization, regardless of whether that authorization or permit, should have been issued, denied, suspended or revoked. 218 of 413 9 Pursuant to 745 ILCS 10/2-105 and 10/2-207, the City and its employees are immune from claims arising out of an alleged failure to make an inspection or by reason of an inadequate or negligent inspection of any property, other than its own. This immunity includes allegations of willful and wanton conduct as well. See Hess v. Flores, 408 Ill. App. 3d 631, 647 (2011). Pursuant to 745 ILCS 10/2-208, City employees have immunity against claims that arise out of the commencement or prosecution of any judicial/administrative proceeding within that person’s scope of employment. This immunity does not apply if the Court determines that the employee acted maliciously and without probable cause. What is the percentage of unregistered properties that are currently eligible for rental registration? The Health and Human Services Department estimates that ten to fifteen percent of properties currently eligible for rental registration are unregistered. Alternatives: N/A Attachments: Ordinance 3-O-16 Ordinance 9-O-16 219 of 413 2/16/2016 3-O-16 AN ORDINANCE Amending City Code Section 9-5-4 of the Evanston City Code Codifying a “Neighborhood Integrity Ordinance” NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS THAT: SECTION 1: Legislative Statement. This Ordinance provides a method for City staff to progressively correct and assist property owners in preventing activities occurring on their premises that result in compromising the neighborhood integrity. It also improves the City’s efforts to prevent violent crimes and ensure safe neighborhoods. Therefore, the City Council determines that the City will charge the owners of such premises with the costs associated with preventing nuisance activity at premises where nuisance activities chronically occur. Article VII, Section (6)a of the Illinois Constitution of 1970, which states that the “powers and functions of home rule units shall be construed liberally,” was written “with the intention that home rule units be given the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164). Pursuant to 65 ILCS 5/1-2-1, the City may make all rules and regulations to carry into effect the powers granted to the City, such broad and general grant of authority complementing the City’s home rule powers. At meetings held in compliance with the provisions of the Illinois Open Meetings Act (5 ILCS 120/1 et seq.), the City Council considered this Ordinance, heard public comment, and made findings. It is well-settled law in Illinois that the legislative judgment of the City Council must be 220 of 413 3-O-16 considered presumptively valid (see Glenview State Bank v. Village of Deerfield, 213 Ill.App.3d 747(1991)) and is not subject to courtroom fact-finding (see National Paint & Coating Ass’n v. City of Chicago, 45 F.3d 1124 (1995)). The City Council finds that maintaining safe neighborhoods and protecting property values are two key tenets in maintaining neighborhood integrity throughout the City. This Ordinance is not intended to discourage crime victims, including victims of domestic violence and sexual violence, victims of child abuse, persons with disabilities, persons in legitimate need of police services, or a person coming to the aid of an individual in need of police assistance, from obtaining those services. This Ordinance does not affect a premise owner’s and the City’s duty to comply with the civil rights laws, nor does it affect a premise owner’s duty to comply with all other laws governing residential tenancies. This Ordinance will enhance the public’s safety, and promote the general welfare of City of Evanston residents and visitors alike. SECTION 2: City Code Section 9-5-4 of the Evanston City Code of 2012, is hereby deleted in its entirety and amended to read as follows: CITY CODE SECTION 9-5-4 – NEIGHBORHOOD INTEGRITY ORDINANCE (A) SHORT TITLE: This Section shall be known and may be cited as the NEIGHBORHOOD INTEGRITY ORDINANCE. (B) PURPOSE: It is hereby declared to be the purpose of this Section and the policy of the City in the exercise of its police and regulatory powers for the protection of the public safety to safeguard, for the health, morals, safety and welfare of persons in and residing in the City, and to maintain and enhance the integrity of the City’s neighborhoods. This Section is intended to address activities arising from public disturbances and nuisances recurring in the same location. This Section is not intended and shall not be interpreted to cover police calls related to domestic violence, sexual violence, crime victims, child abuse or calls from disabled individuals, or calls on behalf of an individual in need of police services. All individuals within the City of Evanston are encouraged to call the police for assistance. 221 of 413 3-O-16 (C) CONSTRUCTION: This Section shall be construed according to the fair import of its terms and shall be liberally construed to further the purposes and policy stated in this Section. (D) SEVERABILITY: If any provision of this Section or the application thereof to any person or circumstances is held invalid, the remainder of this Section and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby. (E) DEFINITIONS: For purposes of this Section, the following terms shall have the following meanings: AGGRAVATED NUISANCE PREMISE: Property upon which one (1) or more of the following violent offenses supported by underlying proof of the specified activity beyond an arrest listed below occurred during any twelve (12) month period: a. First degree murder as defined in 720 ILCS 5/9-1; b. Aggravated assault as defined in 720 ILCS 5/12-2; c. Aggravated battery as defined in 720 ILCS 5/12-3.05; d. Criminal street gang recruitment as defined in 720 ILCS 5/12-6.4; e. Aggravated stalking as defined in 720 ICLS 12-7.4; r. Any offense involving deadly weapons as defined in 720 ILCS 5/24 et seq.; g. Unlawful contact with streetgang members as defined in 720 ILCS 5/25-5; or h. Armed violence as defined in 720 ILCS 5/33A-2. NUISANCE PREMISE: Property upon which two (2) or more of the following offenses supported by underlying proof of the specified activity beyond an arrest listed below occurred during any twelve (12) month period, as a result of any two (2) separate and distinct events: a. City Code Section 3-27-2 for general business licenses, “License Required”; b. 2012 International Fire Code Section 107.5 and Section 202, “Overcrowding,” as adopted by City Code Section 4-4- 1; c. 2012 International Property Maintenance Code, as adopted by City Code Section 5-1-1; d. City Code Section 6-4-1-10, “Outdoor Storage”; e. City Code Section 6-5-7, “Prohibited Home Occupations” and/or City Code Section 6-5-4 for Home Occupations, “General Requirements and Performance Criteria”; f. City Code Section 9-4-3-2, "Limitation On Number Of Dogs"; 222 of 413 3-O-16 g. City Code Section 9-4-14, "Cruelty To Animals," including animal fighting; h. Section 9-4-17, "Dangerous Dogs", of this title; i. Section 9-5-6, "Disturb The Peace", of this Chapter; j. Section 9-5-18-4, "Resisting Or Interfering With Police", of this Chapter; k. Section 9-5-20, "Noises Prohibited", of this Chapter; l. Possession, manufacture or delivery of controlled substances as defined in 720 ILCS 570/401 et seq.; or m. 720 ILCS 5/11-14, “Prostitution”. CONTROL: The ability to regulate, restrain, dominate, counteract or govern conduct that occurs on the property. ENCOURAGES OR PERMITS: Acquiesces, by failure to prevent or expressly consent to an act. A crime victim, victim of domestic or sexual violence, or innocent third party will not be found to have encouraged, permitted, acquiesced, failed to prevent, or consented to an act. PREMISE: Any parcel of property or part thereof and the building or structure, if any, which is situated on the property, and any portion of the public way that abuts the parcel of property when it is used in conjunction with the abutting property for the commission of illegal activity. REASONABLY BELIEVES: "Reasonably believes" or "reasonable belief" means that the person concerned, acting as a reasonable person, believes that the described facts exist. (F) Maintaining Nuisance Premises Prohibited: 1. Any person who owns, manages, or controls a premises and who encourages or permits an illegal activity described in Subsection (E) of this Section to occur or continue on said premises shall be guilty of maintaining a nuisance premise or an aggravated nuisance premise. 2. Any person who owns, manages, or controls any premises and who fails to implement, within the twenty (20) day period following the notice required in Subsection (G) of this Section, or within any other period agreed upon by the person and the City, reasonable and warranted correction measures identified in the notice issued pursuant to Subsection (H) of this Section, or such measures agreed to by the person and the City subsequent to the issuance of said notice, or other correction measures which successfully correct the public nuisance on the premises, shall be liable for maintaining either a nuisance premise or aggravated nuisance premise, pursuant to Subsection (E). 3. Each day that a violation of this Section continues shall be considered a separate and distinct offense, subject to increased and cumulative fines. 4. This Section shall not apply based upon: a. Contact made to police or other emergency services, if: 223 of 413 3-O-16 i. the contact was made with the intent to prevent or respond to domestic violence or sexual violence; ii. the intervention or emergency assistance was needed to respond to or prevent domestic violence or sexual violence; or iii. the contact was made by, on behalf of, or otherwise concerns an individual with a disability and the purpose of the contact was related to that individual's disability. b. An incident or incidents of actual or threatened domestic violence or sexual violence against a tenant, household member, or guest occurring in the dwelling unit or on the premises; or c. Criminal activity or a local ordinance violation occurring in the dwelling unit or on the premises that is directly relating to domestic violence or sexual violence, engaged in by a tenant, member of a tenant's household, guest, or other party, and against a tenant, household member, guest, or other party. (G) Notice Of Violation: Whenever the City Manager or his/her designee reasonably believes that any premise constitutes a nuisance premise or an aggravated nuisance premise as described in this Section, he/she shall give written notice to the person who owns or controls the premise and to the tenants and occupants of the premises. Such notice shall include, but not be limited to, stating that a public nuisance exists and identifying reasonable correction measures that must be taken within twenty (20) days of the notice. The notice shall be in writing and may be served in person or sent by certified mail, return receipt requested. The notice shall provide any recipient a reasonable opportunity to meet with a representative of the City to discuss the allegations in the notice, an opportunity to present any defenses or other information, and the need for correction measures. Any such meetings shall be covered at the City of Evanston Civic Center and scheduled at the City’s sole discretion. Failure to respond to the notice or failure to implement the correction measures requested therein or those subsequently agreed to by the premises owner and the City within the thirty (30) day period following the notice, or within any period subsequently agreed upon by said parties, constitute a violation of Subsection (F)(2) of this Section for the premises owner only. The notice shall not be a prerequisite to the issuance of a citation for violation of Subsection (F)(1) of this Section. (H) No Contact Order: Any person aggrieved by a violation of this Section listed under Aggravated Nuisance Premises in City Code Section 9-5-4(E), may apply to any court of competent jurisdiction for a No Contact Order to apply against the person or persons who are engaged in the illegal activity in Subsection (E). (I) Order of Correction: Whenever the City Manager or his/her designee reasonably believes that a premise constitutes a nuisance premise or aggravated 224 of 413 3-O-16 nuisance premise as described in this Section, he/she may bring an action to correct the nuisance in the City's Division of Administrative Adjudication. Both the property owner and the tenants and occupants will be properly notified of this action and provided an opportunity to be heard with counsel. The Hearing Officer shall issue an order of correction upon a finding of liability pursuant to this Section. Alternatively, the City may bring an action in a court of competent jurisdiction. The order of correction shall require the property owner to take measures reasonably calculated to prevent the recurrence of the illegal activity. In ordering these measures, the presiding authority shall consider the magnitude of the harm caused by the nuisance and the extent to which the respondent has taken effective measures to prevent or correct the nuisance or whether the respondent has failed to take effective measures to correct the nuisance. Those measures may include, but are not limited to, making improvements to real estate and installing lighting to enhance security, the hiring of licensed and insured security personnel, the hiring of a receiver, or the initiation and execution of eviction proceedings against tenants engaged in illegal activity. The order of correction may also authorize the issuance of ex parte administrative search warrants reasonably calculated to determine whether the nuisance has been corrected or whether the order of the court or hearing officer has been obeyed. Any order of correction issued by an Administrative Hearing Officer pursuant to this Section is subject to enforcement pursuant to Section 11- 1-17 of this Code. Actions brought pursuant to this Section may also be accompanied by the recording of a lis pendens notice against the premise. (J) Penalties and Remedies: 1. Cost Recovery. Once a premise is deemed a nuisance premise, the following fees shall apply to all acts enumerated in Subsection (F) of this Section: Per each City staff member per hour …..$100.00 A minimum of one (1) hour shall be charged. Subsequent hours will be billed at fifteen (15) minute increments. All payments due from a premises owner shall be reimbursed to the City within thirty (30) days after the receipt of an enforcement bill. If reimbursement is not received, any unpaid invoice shall be a lien on such premises. A seven hundred fifty dollar ($750) administrative fee shall be added to the cost of enforcement charged to the premises that is declared a nuisance premises. 225 of 413 3-O-16 2. Suspension of Cost Recovery. If after the receipt of an enforcement bill the premises owner develops an acceptable plan and initiates action to correct nuisance activities occurring on the Premises, the Chief of Police, Fire Chief and/or Director of Health and Human Services may suspend further enforcement of this Section. The premise’s owner is still responsible for any enforcement costs incurred prior to the premise’s owner’s submittal of a correction plan, including the administrative fee. If the premise’s owner ceases to cooperate with the City, the City will reinstitute enforcement of this Section upon notice. (K) Evictions: No person found guilty of a nuisance violation and evicted shall be eligible for City funded relocation assistance or general assistance. SECTION 2: That City Code Section 9-5-3 of the Evanston City Code of 2012, as amended, is hereby amended to read as follows: 9-5-3. - DISORDERLY CONDUCT. A person commits disorderly conduct when he/she knowingly. (A) Does any act in such unreasonable manner as to provoke, make or aid in making a breach of peace; or (BA) Resists or obstructs the performance by one known to be a police officer of any authorized act within his/her official capacity; or (CB) Assembles with two (2) or more additional persons for the purpose of using force or violence to disturb the public peace; or (DC) Fails to obey a lawful order of dispersal by a person known by him/her to be a police officer, where three (3) or more persons are committing acts of disorderly conduct in the immediate vicinity, which acts are likely to cause substantial harm or serious inconvenience, annoyance or alarm; or (ED) Does any offensive act which creates a clear and present danger of breach of the peace or imminent threat of violence. SECTION 3: That City Code Section 9-5-6 of the Evanston City Code of 2012, as amended, is hereby amended to read as follows: 9-5-6. - DISTURB THE PEACE. No person shall knowingly act in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace. No person owning or occupying any building or premises shall use the same, or permit the use of the same, or rent the same, to be used or which is used for any activity, business or employment, or for any purpose of pleasure or recreation, if such use shall, from its boisterous nature, disturb or destroy the peace of the neighborhood in which such building or premises is situated, or be dangerous or detrimental to health. 226 of 413 3-O-16 SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: 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 6: The findings and recitals herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 7: That this Ordinance 3-O-16 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 227 of 413 2/16/2016 9-O-16 AN ORDINANCE Amending City Code Title 5, Chapter 8, “Licensing of Rental Residential Buildings” NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: Legislative Statement. This Ordinance provides a method for City staff to license rental residential buildings in order to provide for comprehensive inspections of rental residential properties. The regulations contained herein promote the health, safety, and general welfare of owners and occupants of rental dwellings. Therefore, the City Council determines that it is necessary for the City to adopt legislation concerning the licensing of rental residential buildings within the City to establish reasonable and uniform regulations concerning the same. This Ordinance also establishes a systemic training program for landlords and property managers to encourage active management, improve personal safety for tenants, landlords, and managers, and in turn shall address neighborhood concerns as well. Article VII, Section (6)a of the Illinois Constitution of 1970, which states that the “powers and functions of home rule units shall be construed liberally,” was written “with the intention that home rule units be given the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164). Pursuant to 65 ILCS 5/1-2-1, the City may make all rules and regulations to carry into effect the powers granted to the City, such broad and general grant of authority complementing the City’s home rule powers. At meetings held in compliance with the provisions of the Illinois Open Meetings Act (5 ILCS 120/1 et seq.), 228 of 413 9-O-16 ~2~ the City Council considered this Ordinance, heard public comment, and made findings. It is well-settled law in Illinois that the legislative judgment of the City Council must be considered presumptively valid (see Glenview State Bank v. Village of Deerfield, 213 Ill.App.3d 747(1991)) and is not subject to courtroom fact-finding (see National Paint & Coating Ass’n v. City of Chicago, 45 F.3d 1124 (1995)). The City Council finds that licensing rental residential properties promotes a healthy standard of living, maintains safe neighborhoods, and protects property values which are three key tenets in maintaining neighborhood integrity throughout the City. This Ordinance is not intended to discourage crime victims, including victims of domestic violence and sexual violence, victims of child abuse, persons with disabilities, persons in legitimate need of police services, or a person coming to the aid of an individual in need of police assistance, from obtaining emergency services. This Ordinance does not affect a premise owner’s or the City’s duty to comply with the civil rights laws, nor does it affect a premise owner’s duty to comply with all other laws governing residential tenancies. This Ordinance will enhance the public’s safety, and promote the general welfare of City of Evanston residents and visitors alike. SECTION 2: That Title 5, Chapter 8 of the Evanston City Code of 2012, as amended, is hereby amended to read as follows: CHAPTER 8 – REGISTRATION LICENSING OF RENTAL RESIDENTIAL BUILDINGS 5-8-1. - PURPOSE. The purpose of this chapter is to promote the public health, safety, and welfare by requiring the registration licensing of all rental residential buildings within the City of Evanston that contain rental dwelling units to promote more comprehensive inspections thereof, and more efficient notice of thesuch inspections to the owners thereof. 5-8-2. - DEFINITIONS. 229 of 413 9-O-16 ~3~ For the purpose of this chapter, unless the context requires otherwise, the following terms shall have the following meanings: BUILDING. A structure, or part thereof, enclosing space designed or used for dwelling units offered for rent. A rental residential building or rental residential dwelling unit within an owner occupied property. DEPARTMENT. The City of Evanston Health and Human Services Departmentcommunity development department. DIRECTOR. The Director of the Health and Human Services Departmentdirector of community development or his or her designee. DWELLING UNIT. A single unit of one or more contiguous rooms containing individual cooking, sleeping, and sanitary facilities for one or more persons. OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in real property; or recorded in the official records of the state, county, or municipality as holding the title to the real property; or otherwise having control of the real property, including the guardian of any such person, the court ordered mortgagee in possession, or the executor or administrator of the estate of any such person. Throughout this cChapter, the singular shall include the plural. 5-8-3. - REGISTRATION LICENSE REQUIRED. (A) License Required. No person shall operate a rental residential building without a City of Evanston issued license. (B) License Application. The owner of any building shall file a registration statementlicense application for each such building with the Ddepartment on forms provided by the dDepartment for such purposes; provided, however, that the registration of a vacant building pursuant to tTitle 4, cChapter 16 of this cCode shall satisfy the registrationlicensing requirement of this cChapter. Any such registration statementlicense application shall be deemed prima facie proof of the statements therein contained in any administrative enforcement proceeding or court proceeding instituted by the cCity against the owner of the building. For purposes of this cChapter, a post office box does not suffice as a street address. The registration statementlicense application shall include the following information: 1. The name, street address, telephone number, and e-mail address of each owner of the building. If the owner is a partnership, corporation, or voluntary unincorporated association, the statement shall further include the name, street address, telephone number, and e-mail address, and position of a responsible partner or officer. If the owner is a corporation, the statement shall also include the name, street address, telephone number, and e-mail address of the registered agent thereof; 230 of 413 9-O-16 ~4~ 2. The name, street address, telephone number, and e-mail address of a natural person twenty one (21) years of age or older, designated by the owner as the authorized agent for receiving notices of city code violations and for receiving process, in any court proceeding or administrative enforcement proceeding, on behalf of thesuch owner in connection with the enforcement of this cCode. Notwithstanding the foregoing, this person may be between eighteen (18) and twenty one (21) years of age provided that the registration statement includes proof that said person has a valid realtor's license issued pursuant to the Illinois rReal eEstate lLicense aAct, 225 Illinois Compiled StatutesILCS 454/1-1 et seq., as amended. This person must maintain an office in Cook County, Illinois, or must actually reside within Cook County, Illinois. An owner who is a natural person and who meets the requirements of this sSubsection as to location of residence or office may designate himself/herself as agent; 3. The name, street address, telephone number, and e-mail address of the owner's agent for the purpose of managing, controlling or collecting rents, and any other person who is not an owner but who controls such building, if any; 4. The name, street address, and telephone number of each company that provides an insurance policy for the building; and 5. The street address(es) and property index number(s) of the building, and the number of dwelling units therein. (C) License Classes. 1. New License. Properties not previously required to be licensed will qualify as a Tier I Rental Residential Property. 2. License Tier Criteria. License type will be determined through established criteria based on previous inspection results, the history of the property related to inspections and services calls, and other equally applied, rational criteria as established by the Director. a. A Tier I Rental Residential Property is a rental property satisfying all of the City rental licensing requirements; b. A Tier II Rental Residential Property is a property that fails to satisfy all of the City rental licensing requirements. 3. Reclassification. Tier II Rental Residential Properties will be routinely re- evaluated to determine if they can be reclassified as a Tier I Rental Residential Property after sustained improvement is documented with the Department. (D) Notwithstanding the foregoing, no registrationlicensing shall be required for: 1. Lodging establishments governed by cChapter 2 of this tTitle; 2. Buildings licensed and inspected by the sState of Illinois or the federal government, including, but not limited to, nursing homes, retirement centers, rest homes; or 231 of 413 9-O-16 ~5~ 3. Buildings owned by governmental agencies or public housing authorities. 5-8-4. - REGISTRATION; LICENSING; FEE; CERTIFICATE; OWNER IDENTIFICATION. (A) The owner of a building shall registerobtain a rental license for any rental the building with the Ddepartment no later than NovemberJanuary 1 of each year. The owner shall certify that the information provided on the registration and licensing statement is true and correct. Each and every residential rental unit must be licensed prior to it being offered for rent in any manner, including but not limited to listing with a leasing agent, print advertisement, or signs posted on property. (B) The owner of a building shall pay an annual registration license fee for each building so registeredlicensed at the time the owner files the annual registration license application, as per the table below. The registration license fee shall not be prorated. If the owner of a building that contains no more than two (2) dwelling units is a person sixty five (65) years of age or older, resides in one of the two (2) dwelling units in the building, and furnishes proof with the application that he/she has qualified for the sState of Illinois circuit breaker program, he/she shall be required to pay fifty percent (50%) of the registrationlicense fee. Building Type Registration Licensing Fee Tier I Rental Residential Properties Tier II Rental Residential Properties Single-Family $20.00 $100.00 Condominiums $20.00 per owner of rental dwelling unit(s) per building Apartments with: 2 – 4 Dwelling Units $30.00 $100.00 5 – 12 Dwelling Units $50.00 $300.00 13 – 24 Dwelling Units $100.00 $500.00 25 – 50 Dwelling Units $150.00 $1,000.00 51 – 100 Dwelling Units $300.00 $2,000.00 101+ Dwelling Units $500.00 $2,500.00 (C) License Certificate. Upon registration and payment of the applicable fee, the dDirector shall issue a rental license certificate of registration to the owner. The license that certifies that the owner has obtained a rental residential license for his/her registered the building in compliance with the terms of this cChapter. (D) Ownership Signage. All owners or operators of Rental Residential Properties must post a City of Evanston issued weather proof sign showing the twenty-four (24) hour contact name and active telephone phone number next to the Properties’ common exterior or common interior front door. The Ownership Sign 232 of 413 9-O-16 ~6~ shall be no smaller than (8) inches by ten (10) inches. The Ownership Sign shall be posted within twenty-four (24) hours of receiving it from the City of Evanston. (E) Late Payment Penalty: Failure to pay the annual registration license fee for any such license within six (6) weeks of license expiration shall result in an additional late charge of thirty percent (30%). (F) Registration and License Termination: Notwithstanding any provision contained in this Chapter, Rental Registration and Licensing shall terminate upon the sale of the licensed property. The new owner must obtain a license for the building if the owner seeks to rent dwelling unit(s). 5-8-5. - AMENDED REGISTRATIONSLICENSES. The owner of a building required to obtain a license fromregister with the dDepartment pursuant to the terms of this cChapter shall notify the dDepartment, within twenty (20) business days, of any change in the license information by filing an amended licensing statement on a form provided by the dDepartment for such purpose. There shall be no additional fee for filing an amended licensing statement. 5-8-6. - ENFORCEMENT. (A) The director and the dDepartment shall enforce the terms of this cChapter by any lawful means, including, but not limited to, proceedings in the circuit court or the City's Division Of Administrative Adjudication. (B) The directorDepartment may refuse to issue any permit(s) required by this cCode for any construction, alteration, installation, razing or other work done in or on any "building" as defined in this cChapter, or any certificate of occupancy required by this code for such a building, unless the owner(s) or other applicant for such permit(s) or certificate(s) presents a current certificate of registration for the building. (C) The cCity cClerk shall issue no real estate transfer tax stamps for a transfer involving a "building," as defined in this cChapter, unless the grantor or seller presents a current certificate of registration for the building. (D) All dwelling units that are subject to ongoing enforcement actions or have an open Administrative Adjudication matter will be identified by the City via public communications. 5-8-7. – LICENSE REQUIREMENTS BASED UPON CLASSIFICATION; INSPECTIONS. (A) License Requirements. 1. Tier I Rental Residential Property Requirements are as follows: a. Lease Addendum. The Owner shall make available at the time of inspection all leases with an Acknowledgement of the City’s Neighborhood Integrity Ordinance, City Code Section 9-5-4. 233 of 413 9-O-16 ~7~ 2. Tier II Rental Residential Property Requirements include the Tier I Rental Residential Property Requirements and the following: a. Training Course. The Owner shall attend a Neighborhood Integrity and Community Responsiveness Training Course. Training will focus on crime prevention, security assessments for residential rental units, interaction with police to prevent crime, tenant screening, recognizing gang and drug related activity, and other matters.; and b. Complete a security assessment with the City of Evanston’s Police Department and complete the security improvements recommended. (B) The Department shall conduct property inspections of every building licensed with the Department according to the following schedule: 1. Tier I Rental Residential Properties will be inspected every four (4) years. 2. Tier II Rental Residential Properties will be inspected on a yearly basis, in addition to other requested service/inspection calls to the premises. 5-8-8. - PENALTIES. (A) Each day that any building is not registeredlicensed in accordance with the provisions of this cChapter shall constitute a separate and distinct offense. (B) In addition to any of the penalties provided in this cChapter, any person violating the terms of this cChapter shall, upon conviction thereof, be fined seventy five dollars ($75.00) for the first offense, two hundred dollars ($200.00) for the second offense in any one hundred eighty (180) day period, and three hundred seventy five dollars ($375.00) for the third and any subsequent offense in any one hundred eighty (180) day period. (C) The intentional submission of false information on a registration statementlicense application or an amended registration statementlicense application filed pursuant to this chapter shall be an offense punishable by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). Each day that such information remains uncorrected by the owner(s) shall constitute a separate and distinct offense. (D) Any fines shall be debts due and owing to the cCity and be collected that the city may collect by anyall lawful means allowed by law, including, but not limited to, filing a lien against the building. 5-8-9. – LICENSE SUSPENSION; REVOCATION; HEARINGS. (A) License Suspension. 234 of 413 9-O-16 ~8~ 1. The City Manager or his/her designee may, upon written notice, without prior warning, notice, or hearing, suspend any license to operate a rental residential property if: a. The rental residential property is declared substandard or dangerous by the City Manager or his/her designee, or a court of competent jurisdiction; b. The owner fails to comply with a notice of violation; c. The owner fails to comply with the requirements of this Section; d. The owner fails to comply with other City permitting requirements; or e. The owner fails to pay its annual license fee. 2. Whenever a license to operate a rental residential property is suspended, the holder of the license to operate the rental residential property, or the operator of the rental residential property, shall be notified in writing that the license to operate the rental residential property is, upon service of the notice, immediately suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the City Manager or his/her designee by the holder of the license within five (5) calendar days. If a written request is filed within five (5) calendar days, an opportunity for a hearing with the City Manager or his/her designee shall be afforded within ten (10) calendar days of receipt of the request. If no written request for a hearing is filed within five (5) calendar days, the suspension is sustained. The City Manager or his/her designee shall end the suspension if the reasons for the suspension no longer exist. 3. While under suspension, a holder of a license may not lease or otherwise allow vacant dwelling units to be occupied and may not lease or otherwise allow an occupied unit to be occupied by new tenants. (B) License Revocation. 1. The City Manager or his/her designee may, after providing opportunity for a hearing, revoke a license that has been suspended pursuant to City Code Section 5-8-9(A) for: a. A condition exists on the rental residential property that is dangerous or impairs habitability during the suspension period; or b. The licensee fails to take remedial action to correct City-issued violations pursuant to City Code Section 5-8-10. 2. Before revocation, the City Manager or his/her designee shall notify the holder of the license to operate the rental residential property, or the operator of the rental residential property, of the reasons for which such license is subject to revocation. The license to operate the rental residential property shall be revoked at the end of the five (5) days following service of such notice unless a written request for a hearing is filed with the City Manager or his/her designee by the holder of the license within such five (5) day period. If no request for hearing is filed within the five (5) day period, the revocation of the license to operate the rental residential property becomes final. 235 of 413 9-O-16 ~9~ (C) Hearings. As provided in Subsections 5-8-9(A) and 5-8-9(B) of this Chapter, a hearing shall be conducted by the City Manager or his/her designee affording the licensee an opportunity to appear and defend against the charges. The City Manager or his/her designee shall make a final decision in writing, including the reasons for such decision, and shall serve said decision on the licensee within ten (10) days after conclusion of the hearing. At all times, it shall be the licensee's burden to show cause why any license should not be revoked. The licensee shall pay all court reporter or related hearing costs. 5-8-108. - NOTICE OF CITY CODE VIOLATIONS. (A) By designating an authorized agent pursuant to the terms of Subsection 3(A)(2) of this cChapter, the owner consents to receive any and all notices of cCity cCode violations concerning the registeredlicensed building and all process in any court proceeding or administrative enforcement proceeding brought to enforce cCity cCode provisions concerning the registeredlicensed building by service of the notice or process on the authorized agent until the owner files an amended registration statement or new annual registrationlicensing statement pursuant to the terms of this cChapter. (B) Any owner who fails to registerobtain a license for a building pursuant to the provisions of this cChapter shall further be deemed to consent to receive, by posting at the building, any and all notices of cCity cCode violations and all process in an administrative proceeding brought to enforce cCity cCcode provisions concerning the building. (C) The terms of this sSection shall supersede any conflicting or contradictory notice provisions contained within this cCode. 5-8-11. – APPLICATION FOR LICENSE AFTER REVOCATION. Whenever a revocation of a license to operate a rental residential property is final, the holder of such revoked license may make written application for reinstatement to operate a rental residential property as provided in this Chapter. 5-8-129. - CONDOMINIUM AND TOWNHOME ASSOCIATIONS; MANAGEMENT COMPANIES. All condominium associations, townhome associations, and/or management companies that maintain records of condominium and/or townhome units offered for rent, shall, on an annual basis and no later than NovemberJanuary 1 of each year, provide to the dDepartment the names and current mailing addresses of all owners of said units and, if available, the names of tenants occupying said units. 5-8-13. – NO RETALIATION AND FALSE REPORTING OF VIOLATIONS. 236 of 413 9-O-16 ~10~ (A) No Retaliation. No licensee shall evict, threaten to evict, or take any other punitive action against a tenant due to a good faith call made by such tenant to the City of Evanston’s Police Department relating to criminal activity, suspected criminal activity, suspicious occurrences, or public safety concerns at the licensed property. This Section shall not prohibit the eviction of tenants from a dwelling unit for unlawful conduct of a tenant or invitee or violation of any rules, regulations, or lease terms other than a prohibition against contacting law enforcement agencies. (B) Falsely Reporting Violations. No person shall report a violation of this Chapter knowing or having reason to know that the report is false with the intent to affect the licensing status or inspection schedule of the property. SECTION 3: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Complied Statues and the courts of the State of Illinois. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: This ordinance shall be in full force and effect on January 1, 2017, after its passage, approval and publication in the manner provided by law. SECTION 6: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. Introduced: _______________, 2016 Adopted: _________________, 2016 Approved: ___________________________, 2016 ________________________________ Elizabeth B. Tisdahl, Mayor 237 of 413 9-O-16 ~11~ Attest: ______________________________ Rodney Greene, City Clerk Approved as to form: ________________________________ W. Grant Farrar, Corporation Counsel 238 of 413 For City Council meeting of February 22, 2016 Item A12 Ordinance 12-O-16: IEPA Loan for Water Treatment Plant Reliability Improvements 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 Engineering Kristin Rehg, Senior Project Manager Subject: Ordinance 12-O-16, Authorizing the City to Borrow Funds from the Illinois Environmental Protection Agency Public Water Supply Loan Program Date: January 21, 2016 Recommended Action: Staff recommends approval of Ordinance 12-O-16 authorizing the City to borrow funds from the Illinois Environmental Protection Agency (IEPA) Public Water Supply Loan Program for the construction of the Water Treatment Plant Reliability Improvements. Funding Source: This ordinance authorizes the City to borrow up to $2,245,000. Total funding of $2,500.000 is budgeted in the FY2016 CIP. The debt service will be paid from the Water Fund. A copy of the long-term Water Fund analysis is attached that includes this loan and the debt service for repayment. Background: This project was undertaken to address several reliability and redundancy deficiencies in the water supply, treatment, and pumping processes at the Evanston Water Treatment Plant. This includes: •Improvements to the flash mix (initial chemical feed) bypass system to provide a higher level of redundant capacity. •Relocation of chemical feed points to provide better mixing and reduce chemical use. •Construction of a vault around critical pump isolation valves that will allow them to be repaired safely. •Replacement of two large, poorly functioning valves in the filter washing system. •Structural repairs to the shore wells where raw lake water is delivered. •Installation of new instrumentation and electrical equipment. •Replacement of a leaking pipeline that supplies water to several treatment processes. Memorandum 239 of 413 Analysis: The IEPA has reviewed and approved this project, as indicated in the attached letter dated January 5, 2016, and has also issued a Categorical Exclusion from a detailed environmental review of the project. The attached financial analysis also confirms that the Water Fund has the financial capacity to repay the loan. The attached approval letter indicates a number of additional requirements that need to be met before the City obtains a loan commitment from IEPA. Adoption of this ordinance authorizing the City to borrow the funds is one of those requirements. Legislative History: N/A Attachments: Proposed Ordinance 12-O-16 IEPA project approval letter dated January 5, 2016 Water Fund financial analysis 240 of 413 1/20/2016 12-O-16 AN ORDINANCE Authorizing the City to Borrow Funds from the Illinois Environmental Protection Agency Public Water Supply Loan Program NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: Legislative Statement. At the time of passage of this ordinance, the City of Evanston, Cook County, Illinois, (“City”) operates its potable water system, including all property, real, personal, or otherwise owned or to be owned by the City or under the control of the City, and used for water supply purposes, as well as for any and all further extensions, improvements, and additions to the system; however, expressly excluding property which from time to time is deemed by the City to be no longer useful or necessary to the continued effective and efficient operation of the system or extensions, improvements or additions which are at the time of construction, acquisition and installation expressly excluded from the definition of system hereunder by the City, hereinafter referred to as “System,” and in accordance with the provisions of Section 6(a) of Article VII of the 1970 Constitution of the State of Illinois and 30 ILCS 350/1 et seq., the Local Government Debt Reform Act, hereinafter collectively referred to as the “Act.” The City Council has determined that it is advisable, necessary and in the best interests of public health, safety and welfare to improve the System. Said improvements include the following: 241 of 413 12-O-16 ~2~ Improve reliability of critical water treatment and pumping processes including modifications to the flash mix and related chemical feed systems, replacement and modification of large diameter process control valves, valve vault installation, replacement of plant site water piping, concrete rehabilitation, and related electrical and instrumentation work. All improvements are to be constructed in accordance with the plans and specifications prepared by the City of Evanston’s consulting engineer. All work herein described shall be referred to as the “Project”. The estimated cost of constructing and installing the Project, including engineering, legal, financial, and other related expenses is two million two hundred forty-five thousand dollars ($2,245,000) and there are insufficient funds on hand and lawfully available to pay such costs. Such costs are expected to be paid for with a loan to the City from the Illinois Environmental Protection Agency, hereinafter referred to as “IEPA,” through the Public Water Supply Loan Program, hereinafter referred to as the “Program,” said loan to be repaid from revenues of the System, and such loan is authorized to be accepted at this time pursuant to the Act. Pursuant to, and in accordance with, the provisions of the Act, the City is authorized to borrow funds from the Program in the aggregate principal amount of two million two hundred forty-five thousand dollars ($2,245,000) for the purpose of providing funds to pay the costs of the Project. The loan to the City shall be made pursuant to a Loan Agreement, including certain terms and conditions, between the City and the IEPA, SECTION 2: This Ordinance 12-O-16 shall be in full force and effect from and after its passage, approval and publication in the manner provided by law, all pursuant to the Act and including, expressly, the home rule powers of the City pursuant to Section 6(a) of Article VII of the Illinois Constitution of 1970. 242 of 413 12-O-16 ~3~ SECTION 3: That it is necessary to public health, safety and welfare and in the best interests of the City to construct the Project and that the System continue to be operated in accordance with the provisions of the Act, and that for the purpose of constructing the Project, it is hereby authorized that funds be borrowed by the City of Evanston in an aggregate principal amount not to exceed two million two hundred forty- five thousand dollars ($2,245,000). SECTION 4: That, subject to the express provisions of this Ordinance, the City may not adopt additional ordinances or amendments which provide for any substantive or material change in the scope and intent of this Ordinance, including but not limited to interest rate, preference or priority of any other ordinance with this Ordinance, parity of any other ordinance with this Ordinance, or otherwise alter or impair the obligation of the City to pay the principal and interest due to the Program without the written consent of the IEPA. SECTION 5: That repayment of the loan to the IEPA by the City, pursuant to this Ordinance, is to be solely from the revenues derived from the System, as hereinafter provided; the loan does not constitute an indebtedness of the City within the meaning of any constitutional or statutory limitation. For the purposes hereof, “revenues” (hereinafter “Revenues”) of the System means all income from whatever source derived from the System, including investment income and the like, connection, permit and inspection fees and the like, user charges of all kinds for the use and service of the System, and including such transfers from the corporate funds or the Water Fund of the City as the City Council shall from time to time determine through the budget and appropriation of such funds, or other proper action; but shall not include non-recurring 243 of 413 12-O-16 ~4~ income from the sale of property of the System, governmental or other grants or loans, and as otherwise determined in accordance with generally accepted accounting principles for municipal enterprise funds. The repayment of the loan from the Revenues shall in all events be made only after provision for the payment of “Operation and Maintenance Costs” of the System, hereby defined to mean all costs of operating, maintaining and routine repair of the System, including such items as wages, salaries, costs of materials and supplies, taxes, power, fuel, insurance, including all payments for such services to be made pursuant to long-term contracts for the provision of such services, but shall not include debt service of any kind, depreciation, any capital reserve requirements, and as otherwise determined in accordance with generally accepted accounting principles for municipal enterprise funds. The City hereby pledges the Revenues, after provision has been made for the payment of Operation and Maintenance Costs, to the repayment of the loan; and covenants and agrees to charge such rates and impose such fees and charges for the use and service of the System as shall be sufficient to pay in a timely manner all repayments as required on the load pursuant to the terms of the Loan Agreement. SECTION 6: That the City Council hereby authorizes acceptance of the offer of a loan through the Program, including all terms and conditions of the Loan Agreement (“Loan Agreement”), as well as all special conditions contained therein and made a part thereof by reference. The loan funds awarded shall be used solely for the purpose of the Project as approved by the IEPA in accordance with the terms and conditions of the Loan Agreement. 244 of 413 12-O-16 ~5~ SECTION 7: That the City Manager is hereby authorized and directed to execute the Loan Agreement with the IEPA and to negotiate any additional terms or conditions deemed to be in the best interests of the City. SECTION 8: That the City hereby covenants and agrees that the Revenues, after a provision is made for the payment of Operation and Maintenance Costs, are a dedicated source of funds for the repayment of the loan, as evidenced by the Loan Agreement. The City reserves the right, without limitation of any kind, to issue obligations (“Obligations”) of any kind (including bonds, notes, or other obligations by whatever name and including all loans) payable from the Revenues and prior in lien to, on a parity of lien with, or subordinate in lien to the lien on the Revenues for the repayment of the loan as provided in the Loan Agreement, as shall be determined by the City Council; provided, however, that any covenants or agreements made by the City for the benefit of the holders of such Obligations shall, at the time of the incurring of such Obligations, also be made in a similar manner for the benefit of the obligation to repay the loan as represented by the Loan Agreement. The City intends that the obligation to repay the loan as evidenced in the Loan Agreement shall bear interest as provided therein on a basis which is not tax- exempt under the provision of the Internal Revenue Code of 1986, and the officers of the City charged with the execution of the Loan Agreement shall act in accordance with this stated intent. SECTION 9: That if any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Ordinance. 245 of 413 12-O-16 ~6~ SECTION 10: All ordinances or resolutions, or parts thereof, in conflict herewith, are hereby repealed. SECTION 11: As long as the City has outstanding revenue bonds payable from revenues of the System that are senior to the revenue bond authorized by this Ordinance, the City shall maintain an account, coverage and reserves equivalent to the accounts, coverage and reserves required by the outstanding ordinances. Introduced: _________________, 2016 Adopted: ___________________, 2016 Approved: ________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 246 of 413 247 of 413 FY 2016FY 2017FY 2018FY 2019FY 2020FY 2021FY 2022FY 2023FY 2024FY 2025FY 2026BudgetProjectedProjectedProjectedProjectedProjectedProjectedProjectedProjectedProjectedProjectedRevenues 1Evanston Retail Water Sales$6,742,380 $7,012,075 $7,537,981 $8,404,849 $9,329,382 $9,655,910 $9,655,910 $10,476,663 $10,738,579 $11,007,044 $11,007,044Wholesale Water Sales$8,168,000 $10,190,000 $11,088,000 $13,015,000 $13,289,000 $13,540,000 $13,934,000 $14,691,000 $16,474,000 $16,885,000 $17,296,000Other Operating Revenue$785,175 $625,175 $625,175 $625,175 $625,175 $625,175 $625,175 $625,175 $625,175 $625,175 $625,175IEPA Loan Proceeds (L17-5107)$2,245,000$0$0$0$0$0$0$0$0$0$0IEPA Loan Proceeds (other projects) 2$375,000 $20,550,000 $10,210,000$0$0 $18,000,000$0$0$0$0$0Bond Proceeds$7,810,611 $5,189,433 $1,874,907$0 $293,105$0 $2,296,357 $3,595,547 $1,314,557 $829,951 $2,792,642Total Revenues$26,126,166 $43,566,683 $31,336,063 $22,045,024 $23,536,662 $41,821,085 $26,511,442 $29,388,385 $29,152,311 $29,347,170 $31,720,861ExpensesWater OM&R$12,616,541 $12,570,854 $12,873,829 $13,282,457 $13,699,720 $14,169,433 $14,708,546 $15,578,443 $15,957,250 $16,237,330 $16,902,091Capital Improvements 3$10,049,400 $27,740,000 $14,653,000 $4,639,000 $6,553,000 $22,321,000 $7,167,000 $8,492,000 $7,421,000 $7,554,000 $8,890,000Water Treatment Plant Reliability Impts (L17-5107) $2,245,000 $0 $0 $0 $0$0$0$0$0$0$0Debt Service (Existing)$1,194,288 $1,193,889 $1,199,341 $1,202,369 $1,097,280 $1,097,381 $1,092,498 $1,096,848 $1,095,065 $1,093,898 $1,095,970Debt Service (L17-5107) 4$0 $140,100 $140,100 $140,100 $140,100 $140,100 $140,100 $140,100 $140,100 $140,100 $140,100Debt Service (additional IEPA loans and GO bonds) $275,377 $1,903,265 $2,658,376 $2,658,376 $2,658,376 $3,813,024 $3,857,223 $4,058,491 $4,096,567 $4,114,955 $4,274,039Total Expenses$26,380,606 $43,548,108 $31,524,646 $21,922,302 $24,148,476 $41,540,938 $26,965,367 $29,365,882 $28,709,982 $29,140,283 $31,302,200FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026Beginning Unrestricted Water Fund Balance $3,780,000 $3,525,560 $3,544,135 $3,355,552 $3,478,274 $2,866,460 $3,146,607 $2,692,682 $2,715,185 $3,157,514 $3,364,401Total Revenues$26,126,166 $43,566,683 $31,336,063 $22,045,024 $23,536,662 $41,821,085 $26,511,442 $29,388,385 $29,152,311 $29,347,170 $31,720,861Total Expenses$26,380,606 $43,548,108 $31,524,646 $21,922,302 $24,148,476 $41,540,938 $26,965,367 $29,365,882 $28,709,982 $29,140,283 $31,302,200Net Surplus (Deficit)($254,440)$18,575($188,583)$122,722($611,814)$280,147($453,925)$22,503 $442,329 $206,887 $418,661Ending Unrestricted Water Fund Balance$3,525,560 $3,544,135 $3,355,552 $3,478,274 $2,866,460 $3,146,607 $2,692,682 $2,715,185 $3,157,514 $3,364,401 $3,783,062Target Unrestricted Water Fund Balance$3,500,000 $3,500,000 $3,500,000 $3,500,000 $3,500,000 $3,500,000 $3,500,000 $3,500,000 $3,500,000 $3,500,000 $3,500,000NOTES:1. Evanston Retail Water Sale revenue and increased revenue from the Northwest Water Commission (a component of the Wholesale Water Ratesrevenue line item) will be used to repay the loan.2. Anticipated IEPA loan proceeds for projects that do not yet have approved loan agreements.3. The capital improvements budget includes approximately $3 million for annual water main replacement, plus additional costs for water treatment and storage improvements.4. Estimated using a total cost of $2,245,000 with 2.21% interest rate and 20-year repayment period.CITY OF EVANSTONWATER TREATMENT PLANT RELIABILITY IMPROVEMENTSPWSLP LOAN APPLICATION - L17-5107WATER FUND REVENUE AND REPAYMENT SCHEDULE248 of 413 FY 2027FY 2028FY 2029FY 2030FY 2031FY 2032FY 2033FY 2034FY 2035FY 2036FY 2037ProjectedProjectedProjectedProjectedProjectedProjectedProjectedProjectedProjectedProjectedProjectedRevenues 1Evanston Retail Water Sales$11,007,044 $11,007,044 $12,189,011 $13,088,075 $14,320,151 $14,320,151 $14,626,891 $14,885,185 $15,249,747 $15,262,758 $15,262,758Wholesale Water Sales$17,707,000$18,119,000$18,533,000$18,949,000$19,365,000$19,781,000$20,199,000$20,619,000$21,043,000$21,715,477$22,412,442Other Operating Revenue$625,175 $625,175 $625,175 $625,175 $625,175 $625,175 $625,175 $625,175 $625,175 $625,175 $625,175IEPA Loan Proceeds (L17-5107)$0$0$0$0$0$0$0$0$0$0$0IEPA Loan Proceeds (other projects) 2$0$0$0$0$0$0$0$0$0$0$0Bond Proceeds$2,177,170 $1,944,953 $2,986,113 $609,433 $261,653 $1,347,405 $54,511 $54,511 $1,362,775$0$0Total Revenues$31,516,389 $31,696,172 $34,333,299 $33,271,683 $34,571,979 $36,073,731 $35,505,577 $36,183,871 $38,280,697 $37,603,410 $38,300,375ExpensesWater OM&R$17,659,684 $18,070,209 $19,177,113 $19,314,197 $20,536,918 $20,724,391 $21,596,891 $22,251,558 $23,128,103 $24,044,160 $24,923,477Capital Improvements 3$7,831,000 $7,976,000 $9,325,000 $8,279,000 $8,437,000 $9,804,000 $8,772,000 $8,945,000 $10,323,000 $9,307,000 $9,496,000Water Treatment Plant Reliability Impts (L17-5107) $0 $0 $0$0$0$0$0$0$0$0$0Debt Service (Existing)$1,091,951 $1,095,041 $1,095,723 $1,095,564 $1,026,407 $787,526 $485,838 $337,650 $70,500 - - Debt Service (L17-5107) 4$140,100 $140,100 $140,100 $140,100 $140,100 $140,100 $140,100 $140,100 $140,100 $140,100$0Debt Service (additional IEPA loans and GO bonds) $4,384,698 $4,517,813 $4,737,537 $4,782,380 $4,801,633 $4,900,777 $4,904,788 $4,908,799 $4,916,439 $4,601,709 $3,109,821Total Expenses$31,107,433 $31,799,163 $34,475,473 $33,611,241 $34,942,058 $36,356,794 $35,899,617 $36,583,107 $38,578,142 $38,092,969 $37,529,298FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 FY 2036 FY 2037Beginning Unrestricted Water Fund Balance$3,783,062 $4,192,018 $4,089,027 $3,946,853 $3,607,295 $3,237,216 $2,954,153 $2,560,113 $2,160,877 $1,863,432 $1,373,873Total Revenues$31,516,389 $31,696,172 $34,333,299 $33,271,683 $34,571,979 $36,073,731 $35,505,577 $36,183,871 $38,280,697 $37,603,410 $38,300,375Total Expenses$31,107,433 $31,799,163 $34,475,473 $33,611,241 $34,942,058 $36,356,794 $35,899,617 $36,583,107 $38,578,142 $38,092,969 $37,529,298Net Surplus (Deficit)$408,956($102,991) ($142,174) ($339,558) ($370,079) ($283,063) ($394,040) ($399,236) ($297,445) ($489,559)$771,077Ending Unrestricted Water Fund Balance$4,192,018 $4,089,027 $3,946,853 $3,607,295 $3,237,216 $2,954,153 $2,560,113 $2,160,877 $1,863,432 $1,373,873 $2,144,950Target Unrestricted Water Fund Balance$3,500,000 $3,500,000 $3,500,000 $3,500,000 $3,500,000 $3,500,000 $3,500,000 $3,500,000 $3,500,000 $3,500,000 $3,500,000NOTES:1. Evanston Retail Water Sale revenue and increased revenue from the Northwest Water Commission (a component of the Wholesale Water Ratesrevenue line item) will be used to repay the loan.2. Anticipated IEPA loan proceeds for projects that do not yet have approved loan agreements.3. The capital improvements budget includes approximately $3 million for annual water main replacement, plus additional costs for water treatment and storage improvements.4. Estimated using a total cost of $2,245,000 with 2.21% interest rate and 20-year repayment period.CITY OF EVANSTONWATER TREATMENT PLANT RELIABILITY IMPROVEMENTSPWSLP LOAN APPLICATION - L17-5107WATER FUND REVENUE AND REPAYMENT SCHEDULE249 of 413 PLANNING & DEVELOPMENT COMMITTEE MEETING Monday, February 22, 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 FEBRUARY 22, 2016 III.ITEMS FOR CONSIDERATION (P1) Ordinance 15-O-16, Establishing Artist Studios as a Permitted Use on the Ground Floor in the D2, D3 and D4 Downtown Districts The Plan Commission and staff recommend approval of the Zoning Ordinance text amendment to allow Artist Studios as a permitted use on the ground floor, instead of only on floors above the ground floor, in the D2, D3 and D4 Downtown Districts to match current regulations in the D1 Downtown District. For Introduction (P2) Ordinance 22-O-16, Granting Major Zoning Relief for One Open Parking Space at 1610 Fowler Avenue The Zoning Board of Appeals and City staff recommend denial of Ordinance 22-O-16 granting major zoning relief for one open parking space in the rear yard with a 0.5’ south side yard setback where 3’ is required. The ZBA found the proposal does not meet the standards for variations. Specifically, the requested zoning relief does not keep with the intent of the Zoning Ordinance, and there is no practical difficulty that is peculiar to the property since the property features three enclosed parking spaces. For Introduction (P3) Ordinance 14-O-16, Establishment of Regulations for Domestic Animal Daycare Businesses and Dog Sitting Businesses as Permitted Home Occupations The Plan Commission and staff recommend amending the Zoning Ordinance to add Domestic Animal Daycare businesses and Dog Sitting businesses as permitted home occupations. For Introduction 250 of 413 Planning & Development Committee Meeting Agenda Page 2 of 2 February 22, 2016 (P4) Ordinance 20-O-16, granting a Special Use for a Resale Establishment, Threads Boutique, at 1304 Chicago Avenue The Zoning Board of Appeals and City staff recommend adoption of Ordinance 20- O-16 granting special use approval for a Resale Establishment, Threads Boutique, at 1304 Chicago Avenue in the B2 Business District and oDM Dempster-Main Overlay District. The applicant has complied with all zoning requirements, and meets all of the standards for a special use for this district. Suspension of the Rules is requested for Introduction and Action by City Council on February 22, 2016. . For Introduction and Action (P5) Ordinance 21-O-16 Granting Major Zoning Relief for a Generator and One Open Parking Space at 1140 Lakeshore Boulevard The Zoning Board of Appeals and City staff recommend approval of Ordinance 21- O-16 granting major zoning relief to locate a generator more than 2’ from the principal structure where generators must be located within 2’ of the principal structure, with a 0.5’ street side yard setback where a minimum 4’ is required when screened and major zoning relief to establish one open parking space in the rear yard with a 2’ rear yard setback where a minimum 3’ is required. 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 February 22, 2016. For Introduction and Action (P6) Ordinance 16-O-16, Planned Development, 831 Emerson St, 15PLND-0092 The Plan Commission and staff recommend adoption of Ordinance 16-O-16 for approval of the Planned Development with rezoning from C1 Commercial and R5- General Residential to C1a Commercial Mixed use and Special use for a convenience store. The 12-story 260-unit residential building (440 bedrooms) would include 3,300 square feet of ground floor commercial space and 145 parking spaces on site. Staff recommends additional requirements for this development, which include increasing the affordable housing fee-in-lieu contribution and other traffic and streetscape improvements. This ordinance was held in Committee on February 8, 2016. For Introduction IV.ITEMS FOR DISCUSSION V.COMMUNICATIONS VI.ADJOURNMENT 251 of 413 Planning & Development Committee Meeting Minutes of February 8, 2016 6:45 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 6:59 p.m. II. APPROVAL OF REGULAR MEETING MINUTES OF JANUARY 25 , 2016 Ald. Rainey moved to approve the Minutes of the January 25, 2016 meeting, seconded by Ald. Wynne. The Committee voted unanimously 6-0 to approve the January 25, 2016 minutes. III. ITEMS FOR CONSIDERATION (P1) Ordinance 16-O-16, Planned Development, 831 Emerson St, 15PLND-0092 The Plan Commission and staff recommend adoption of Ordinance 16-O-16 for approval of the Planned Development with rezoning from C1 Commercial and R5- General Residential to C1a Commercial Mixed use and Special use for a convenience store. The 12-story 260-unit residential building (440 bedrooms) would include 3,300 square feet of ground floor commercial space and 145 parking spaces on site. Staff recommends additional requirements for this development, which include increasing the affordable housing fee-in-lieu contribution and other traffic and streetscape improvements. For Introduction Ald. Rainey moved approval, seconded by Ald. Wilson. At Ald. Rainey’s request, Community Development Director Muenzer confirmed that Inclusionary Housing Ordinance fees are calculated based on the percentage of the total units depending on if the building is in a TOD area or not. Director Muenzer stated that this planned development is not subject to the Inclusionary Housing Ordinance as the developer applied before January 1, 2016, which is the ordinance’s effective date. Ald. Rainey requested further review into the Inclusionary Housing Ordinance as buildings with larger residential units but a fewer number of total units will be subject to a smaller fee in lieu amount than buildings with small dwelling units but with a higher total number of units. Lisa Pildes, resident, stated that this property is beyond the north downtown border. The way the building is set up it is like a private dormitory and it is not good for the neighborhood. DRAFT – NOT APPROVED 252 of 413 Planning & Development Committee Meeting Page 2 of 3 Minutes of February 8, 2016 Regina Henry, resident, thinks that the building will be for students who will not make use of the downtown and local transportation options. The current tall buildings in the neighborhood have been there for a while and should not be considered because the neighborhood is mostly single-family homes. Liz Luby, resident, states the developer is building dorms in Madison WI and Champaign-Urbana. Northwestern housing officials have stated their lack of interest in this project. There will be traffic and parking problems with this building along with potential future uses for the building. Barbara Pearson, resident, states this is transient housing and this project is all about the developer’s profit level. Judith Segal, resident, looked at the zoning code when purchasing her home and knows that this development would require many variances. Ms. Segal requests that the City abide by the zoning code so residents can have proper expectations for their neighborhood. Ken Davis, resident, thinks something needs to be done to that property. Ron Ipjian, resident, representing the subject property’s ownership, noted his family’s long-time Evanston ties and supports the new use of the property. The family vetted a number of development entities before selecting Focus/CA Ventures. Michael Sehr, resident, notes that E2 was built for young professionals and now has many student residents. Problematic student behavior is hard for a private developer to control. Ald. Rainey stated that there is no TIF proposed for this property. (Meeting recessed for a Mayoral presentation) Jerome Seaman, resident, stated that the convenience store door will face the alley, which is not good city planning and it is too dense a plan. Mr. Seaman questions the legality of restricting the residents from parking on the street. Don Colley, resident, thinks that there are many things about this project that have not been clarified such as the type of units to be built. Mr. Colley thinks that language has been shifting to allow for projects to be different than what the code states. Ald. Fiske moved to hold this item in committee until the next P&D meeting due to the developer’s request to hold an additional community meeting, seconded by Ald. Holmes. 253 of 413 Planning & Development Committee Meeting Page 3 of 3 Minutes of February 8, 2016 IV. ITEMS FOR DISCUSSION There were no items for discussion. V. COMMUNICATIONS There were no communications. VI. ADJOURNMENT Ald. Wilson moves to adjourn, seconded by Ald. Fiske. The meeting was adjourned at 7:45 p.m. Respectfully submitted, Ushane Locke 254 of 413 For City Council meeting of February 22, 2016 Item P1 Ordinance 15-O-16: Artist Studios in Downtown Districts 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 Meagan Jones, Neighborhood and Land Use Planner Subject: Ordinance 15-O-16 Establishing Artist Studios a Permitted Use on the ground floor in the D2, D3 and D4 Downtown Districts to match current regulations in the D1 Downtown District. 16PLND-0002 Date: February 11, 2016 Recommended Action: The Plan Commission and staff recommend approval of the Zoning Ordinance text amendment to allow Artist Studios a permitted use on the ground floor in the D2, D3 and D4 Downtown Districts instead of only on floors above the ground floor to match current regulations in the D1 Downtown District. Background Artist studios are currently permitted in variety of zoning districts, several of which have additional restrictions regarding size and location within a building. The downtown districts allow a diverse range of uses, including office, retail, residential and entertainment. While artist studios are allowed on the ground floor of buildings located in the D1 Downtown Fringe District, they are only permitted above the ground floor in the D2, D3 and D4 Downtown districts which can hinder the visibility and ease of access to these uses. There are several types of artist studios and galleries located within the downtown area. Some of them are focused on casual walk in art classes (i.e. Bottle and Bottega) and less on selling art. As artist studio types are ever expanding their services and are more unique and experiential in nature for potential clientele, staff determined it would be an asset for the downtown to allow all types of artist studios on the ground floor within all areas of the downtown, not just on the fringe of the downtown in the D1 district to attract more business types that cater to families and children. Memorandum 255 of 413 To match the regulations of the D1 Downtown District, staff is proposing to eliminate the provision which only allows Artist Studios above the ground floor in the D2, D3 and D4 Downtown Districts. The change would require a correction in the D2, D3, and D4 Sections 6-11-3-3., 6-11- 4-2. and 6-11-5-2. –Permitted Uses. A portion of Section 6-11-3-3. – Permitted Uses is outlined below as an example of the change: 6-11-3-3. - PERMITTED USES. The following uses are permitted in the D2 district: Artist studios (when located above the ground floor). Both the Comprehensive General Plan and the Downtown Evanston Plan call for increasing the variety of retail businesses and encouraging a compatible mix of land uses in the central business district. With the increase in mixed use developments in the downtown districts in recent years, allowing more types of businesses will help maintain the viability of these districts. The proposed amendment would also enhance the consistency among the downtown district regulations. Allowing artist studios on the ground floor of buildings in all downtown districts will assist providing a broader mix of commercial uses and contribute to the economic vitality of the area. The proposed text amendment will not have any adverse effects on the values of the properties in the area but would improve the livability of the downtown. Legislative History February 10, 2016 – The Plan Commission recommended approval of the proposed text amendment with a 6-0 vote. Attachments Proposed Ordinance 15-O-16 Link to Plan Commission Packet for 02/10/2016 256 of 413 1/22/2016 15-O-16 AN ORDINANCE Amending City Code Subsections 6-11-3-3, 6-11-4-2, and 6-11-5-2 to Include Artist Studios as a Permitted Use on the Ground Floor in the D2, D3, and D4 Downtown Districts NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Subsection 6-11-3-3 of the Evanston City Code of 2012, as amended, is hereby amended to read as follows: 6-11-3-3. - PERMITTED USES. The following uses are permitted in the D2 district: Artist studios (when located above the ground floor). Commercial indoor recreation (when located above the ground floor). Cultural facility. Dwellings (when located above the ground floor). Financial institution (excluding drive-through facilities). Food store establishment. Funeral services excluding on site cremation. Government institution. Hotel. Membership organization. Office. Residential care home—Category I (when located above the ground floor and subject to 257 of 413 15-O-16 ~2~ the general requirements of Section 6-4-4 of this Title). Restaurant—Type 1. Retail goods establishment. Retail services establishment. SECTION 2: That Subsection 6-11-4-2 of the Evanston City Code of 2012, as amended, is hereby amended to read as follows: 6-11-4-2. - PERMITTED USES. The following uses are permitted in the D3 district: Artist studio (when located above the ground floor). Commercial indoor recreation. Commercial parking garage. Cultural facility. Dwellings (when located above the ground floor). Financial institution. Food store establishment. Funeral services excluding on site cremation. Government institution. Hotel. Medical broadcasting station. Membership organization. Office. Public utility. Residential care home—Category I (when located above the ground floor and subject to 258 of 413 15-O-16 ~3~ the general requirements of Section 6-4-4 of this Title). Restaurant—Type 1. Retail goods establishment. Retail services establishment. SECTION 3: That Subsection 6-11-5-2 of the Evanston City Code of 2012, as amended, is hereby amended to read as follows: 6-11-5-2. - PERMITTED USES. The following uses are permitted in the D4 district: Artist studio (when located above the ground floor). Commercial indoor recreation. Cultural facility. Dwelling (when located above the ground floor). Financial institution. Food store establishment. Government institution. Hotel. Membership organization. Office. Public utility. Residential care home—Category I (when located above the ground floor and subject to the general requirements of Section 6-4-4 of this Title). Restaurant—Type 1. Retail goods establishment. 259 of 413 15-O-16 ~4~ Retail services establishment. 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 Complied Statues and the courts of the State of Illinois. SECTION 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. 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. Introduced: _______________, 2016 Adopted: _________________, 2016 Approved: ___________________________, 2016 ________________________________ Elizabeth B. Tisdahl, Mayor Attest: ______________________________ Rodney Greene, City Clerk Approved as to form: ________________________________ W. Grant Farrar, Corporation Counsel 260 of 413 For City Council meeting of February 22, 2016 Item P2 Ordinance 22-O-16 Application for Major Zoning Relief for One Open Parking Space at 1610 Fowler Avenue 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 22-O-16 Granting Major Zoning Relief for One Open Parking Space at 1610 Fowler Avenue Date: February 10, 2016 Recommended Action The Zoning Board of Appeals and City staff recommend denial of Ordinance 22-O-16 granting major zoning relief for one open parking space in the rear yard with a 0.5’ south side yard setback where 3’ is required. The ZBA found the proposal does not meet the standards for variations. Specifically, the requested zoning relief does not keep with the intent of the Zoning Ordinance, and there is no practical difficulty that is peculiar to the property since the property features three enclosed parking spaces. Summary The applicant proposes to add one open parking space in the rear yard just south of the existing detached garage. The property currently features a one-car attached garage with access from Fowler Avenue, as well as a two-car detached garage with alley access. The applicant collects antique Chevrolet Corvair vehicles that are stored in the garages. Applicant’s vehicles are currently parked in the driveway off of Fowler Avenue, on the street, and in an off-site rented garage. The applicant is disabled and prefers to park every day vehicles as close to the residence as possible. In the future, the applicant plans to construct an addition to the existing detached garage on the north side to accommodate one additional car. The applicant intends to keep the open parking space on the south side of the existing garage if approved. Analysis There is no hardship or practical difficulty associated with the property. The property currently features a total of three on-site garage parking spaces as well as a driveway off of Fowler Avenue. The property is 8,476 square feet in size where the minimum lot size Memorandum 261 of 413 in the R2 District is 5,000 square feet. The existing building lot coverage of the property is 25.7% where a maximum 40% is allowed, and the existing impervious surface coverage is 43% where a maximum 55% is allowed. The property could accommodate a 1,200 square foot garage addition or open parking in a compliant location. The area north of the existing detached garage is approximately 15’ wide, which is large enough to accommodate an open parking space or a garage addition with a compliant setback if the existing shed is removed. Additionally, the applicant could store his antique car collection in off-site garages. This would allow everyday vehicles to be parked on-site to better meet the needs of the applicant. The Zoning Board of Appeals found the requested setback variation for the open parking space does not meet the standards for variations for the district. Specifically, the requested zoning relief does not keep with the intent of the Zoning Ordinance, there is no practical difficulty that is peculiar to the property since the property features an attached one-car garage, detached two-car garage, and ample space for a garage addition or compliant open parking space elsewhere in the rear yard. The Zoning Board of Appeals also found the requested parking space to be unnecessary with no hardship present, as the applicant explained to the Board that the space would primarily be paved to control weed growth and would then be used as flexible space for either a vehicle, bike, or recreation space. City staff is not aware of any objections from neighboring property owners. Legislative History January 26, 2016: The Zoning Board of Appeals found the proposal did not meet the Standards for Variations. Specifically, the requested zoning relief does not keep with the intent of the Zoning Ordinance, there is no practical difficulty that is peculiar to the property, and there is no hardship present. Recommendation: Unanimous denial 262 of 413 Attachments Proposed Ordinance 22-O-16 January 26, 2016 ZBA Meeting Minutes ZBA Findings January 26, 2016 ZBA Packet http://www.cityofevanston.org/assets/ZBA-packet-20160126.pdf 263 of 413 2/11/2016 22-O-16 AN ORDINANCE Granting A Major Variation Related to 1610 Fowler Avenue in the R2 Single Family Residential District WHEREAS, Leon Maupin (the “Applicant”), owner of the property commonly known as 1610 Fowler Avenue (the “Subject Property”), located within the R2 Single Family Residential Zoning District and legally described in Exhibit A, attached hereto and incorporated herein by reference, submitted an application seeking approval of a Major Variation to zoning requirements imposed by Subsection 6-8-3-7(C) of Title 6 of the Evanston City Code of 2012, as amended (the “Zoning Ordinance”); and WHEREAS, the Applicant requests the following Major Variation: (A) The Applicant requests a six (6) inch south rear yard setback where a three (3) foot south rear yard setback is required; and WHEREAS, on January 26, 2016, the Zoning Board of Appeals (“ZBA”), pursuant to proper notice, held a public hearing in case no. 15ZMJV-0107 to consider the application, received testimony, and made written records and findings that the application did not meet the standards for Major Variations set forth in Subsection 6-3-8- 12-(E) of the Zoning Ordinance and recommended City Council deny the Major Variations; and WHEREAS, at its meeting of February 22, 2016, the Planning and Development (“P&D”) Committee of the City Council received input from the public, carefully considered the ZBA’s record and findings and recommended the City Council 264 of 413 22-O-16 ~2~ reject the ZBA’s recommendation and instead approve the Major Variation in case no. 15ZMJV-0107; and WHEREAS, at its meetings of February 22, 2016 and March 21, 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 Variation on the Subject Property applied for in case no. 15ZMJV-0107 and described hereinabove. SECTION 3: The Major Variations approved hereby are as follows: (A) Approval to allow a six (6) inch south rear yard setback. Subsection 6-8-3-7(C) requires a three (3) foot south rear yard setback 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 Variation granted hereby, violation of any of which shall constitute grounds for penalties or revocation thereof pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: (A) Compliance with Requirements: The Applicant shall develop and use the Subject Property in substantial compliance with all applicable legislation, with the testimony and representations of the Applicant to the ZBA, the P&D Committee, and the City Council, and the approved plans and documents on file in this case. 265 of 413 22-O-16 ~3~ SECTION 5: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 6: Except as otherwise provided for in this ordinance, all applicable regulations of the Zoning Ordinance and the entire City Code shall apply to the Subject Property and remain in full force and effect with respect to the use and development of the same. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 8: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 9: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 10: The findings and recitals herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. 266 of 413 22-O-16 ~4~ Introduced:_________________, 2016 Adopted:___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 267 of 413 22-O-16 ~5~ EXHIBIT A Legal Description Lot 10 in Block 3 in Fowler and Carney’s Addition to Evanston, a subdivision of the Northwest ¼ of the Southwest ½ of Section 13, Township 41 North, Range 13, East of the Third Principal meridian, in Cook County, Illinois. PIN(S): 10-13-300-022-0000 Commonly Known As: 1610 Fowler Avenue, Evanston, Illinois. 268 of 413 Page 1 of 4 Zoning Board of Appeals APPROVED MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, January 26, 2016 7:00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Matt Rodgers, Myrna Arevalo, Mary Beth Berns, Lisa Dziekan, Scott Gingold, Violetta Cullen Members Absent: Mary McAuley Staff Present: Melissa Klotz, Damir Latinovic 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 January 5, 2016 Zoning Board of Appeals meeting were motioned for approval by Ms. Cullen and seconded by Mr. Gingold. The minutes were approved 5-0 with 1 abstention. Old Business 1610 Fowler Avenue ZBA 15ZMJV-0107 Leon Maupin, property owner, applies for major zoning relief to establish one open parking space in the R2 Single Family Residential District. The applicant requests a .5’ south rear yard setback where 3’ is required (Zoning Code Section 6-8-3-7-C). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into record. Mr. Maupin, property owner, explained the proposal: Extra space is wanted to keep a car, bike, recreational use, etc. Nothing grows in that area but weeds Creating a parking space will beautify the alley view Mr. Gingold asked if there was anything unique about the property that makes the necessary other than the weeds, and Mr. Laupin responded no. Mr. Maupin noted that his neighbor has no problem with the proposed parking space. Ms. Cullen asked if Mr. Maupin has a garage, he responded yes, he does, in the front and back of his home and cars are parked in them. Mr. Gingold asked Mr. Maupin if he considered locating the parking space in a compliant location and Mr. Maupin responded that the only other area is on the other side of the garage, but that he planned to extend the garage into that open space in the future. Chair Rodgers asked if there was a patio that connects the shed to the garage and Mr. Laupin responded yes, there is a 23’ x 12’ L-shaped patio. The ZBA entered into deliberation: Mr. Gingold noted that the Standards were not met. No hardship was unique to the property and it did not meet the minimum change necessary. Ms. Berns and Chair Rodgers agreed. 269 of 413 Page 2 of 4 Zoning Board of Appeals Chair Rodgers noted that an additional parking space is excessive given how much parking is already on site. There is no strong argument for the need of this parking space. The Standards were then addressed: 1. Yes 2. No –Applicant stated space may be used for bike parking or recreational use. 3. No –No true need 4. No –No hardship present 5. Yes 6. No –No hardship present, the applicant just wants it 7. No –Multiple parking spaces are already present, additional space not necessary. Mr. Gingold motioned to recommend denial, which was seconded by Ms. Berns. The motion was approved 6-0. New Business 1919 Church Street ZBA 15ZMJV-0114 Robert Edelman, contractor, submits for a special use permit and major zoning relief to replace existing ComEd equipment in the B2 Business District and the oWE West Evanston Overlay District, which requires a special use permit for a Public Utility (Zoning Code Section 6-9-3-3). The applicant requests to replace existing utility equipment with “DC-in-a-box” utility equipment screened from the right-of-way by landscaping where screening by landscaping and a solid fence are required (Zoning Code Section 6-15-15-XXI-C-1), and landscaping where landscaping and a 3’-4’ steel or PVC picket fence is required to screen open parking from the right-of-way along Brown Avenue (Zoning Code Section 6-15-15-XVIII-B-5). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Since the case was still under review by the Public Works Agency, Ms. Cullen motioned to continue the case to February 16, 2016 without discussion. The motion was seconded by Mr. Gingold and approved 6-0. 1140 Lakeshore Boulevard ZBA 15ZMJV-0115 Trust 8002368034, property owner, submits for major zoning relief to relocate a generator and establish one open parking space in the rear yard in the R1 Single Family Residential District. The applicant requests to relocate a generator more than 2’ from the principal structure where generators must be located within 2’ of the principal structure, and a .5’ street side yard setback where a minimum 4’ is required when screened (Zoning Code Section 6-4-6-9). The applicant also requests to establish one open parking space in the rear yard with a 2’ rear yard setback where a minimum 3’ is required (Zoning Code Section 6-8-2-8-C-4). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into record. Mr. Haislet, property owner, explained the proposal: Wants to put generator behind brick wall near existing AC units Better aesthetically and less obvious to people walking down sidewalk Brick wall will better dampen sound 2’ x 3’ generator needed to back up 2 sump pumps Generator would be 4 - 5’ from house at closest point. Ms. Dziekan asked if there was currently dirt dug up near the compliant location and Mr. Haislet responded yes, to run a gas line. Mr. Gingold asked if the AC unit could be moved and the generator placed there instead. Mr. Haislet responded then the AC unit would need a similar variance to the generator. 270 of 413 Page 3 of 4 Zoning Board of Appeals Chair Rodgers asked what kind of landscaping exists there currently and Mr. Haislet responded that the landscaping provides partial screening to the view from the house but more landscaping would be added. The generator is not extremely loud but it does make noise when it charges each day for approximately 10 minutes. The proposed location for the generator makes best sense in terms of reducing noise. Ms. Berns noted that the generator sounds like a diesel truck idling and that it could be run at 10 AM on Tuesdays when sirens are already going. Ms. Berns also noted that the sound would be amplified by the brick wall, but since it would run a short time and not near other residences, it would be okay. Mr. Haislet explained his proposal for the parking pad: Garage is an old standard size attached to an historic house so it only comfortably fits 1.5 cars Driveway is difficult to maneuver and results in moving cars often The parking pad would alleviate the congestion in the driveway The proposed location of the parking pad is minimal impact and mostly hidden from view by the trees and fence near the alley Two small trees would be removed Four people live there with two cars, one car parks in the garage and one in the driveway, they are always maneuvering to get around. When the kids get older there will be more drivers/vehicles on the property. Will parallel park on the parking pad, gate will be added that slides to both sides and does not extend into the alley. Ms. Berns asked what the 1421 number on plat referred to and Mr. Haislet responded that is the size of the driveway. Ms. Berns also asked the size of the garage and Mr. Haislet responded that the garage is 20’ wide and a little deeper. Mr. Haislet explained that the compliant location for the parking pad would result in more tree removal and root disturbance of the exotic trees that line the entire back yard. To add on to the driveway to create more parking space would require the removal of the brick wall that lines the driveway currently. Ms. Berns noted that the parking pad is not convenient to the house and wouldn’t regularly be used. Mr. Haislet responded that the parking pad would likely be used for his teenager. Ms. Berns noted that it seemed better to extend the driveway more and Mr. Haislet responded that he wanted it more hidden. Ms. Klotz explained that Mr. Haislet would still need a variance to extend the driveway to create an additional open parking space since it would not be within the rearmost 30’ of the rear yard. Ms. Dziekan asked if it would be possible for Mr. Haislet to comfortably park in an 8’x21’ space and Mr. Haislet responded yes, and Hamilton Street gets pretty full because of the park and beach across the street. He added that that he may add a bluestone path from the parking pad to the house in the future. Ms. Klotz noted that an 8’x21’ parking pad is the minimum required by zoning for a parallel space. Mr. Haislet noted that his overall intention is to make as minimal change to the property as possible, and believes his requests do just that. The ZBA entered into Deliberations: 271 of 413 Page 4 of 4 Zoning Board of Appeals Ms. Berns noted that is seems like there is plenty of parking on site. Mr. Gingold noted that the proposed location for the generator seems like the best option. The Standards for the generator were then addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes The Standards for the parking pad were then addressed: 1. Yes 2. Yes (No- Mr. Gingold) 3. No (Chair Rodgers and Mr. Gingold) Yes (Ms. Berns and Ms. Dziekan - hardship is trees) 4. Yes (No - Mr. Gingold) 5. Yes 6. No (Chair Rodgers and Mr. Gingold- need for parking isn’t a hardship) Yes (Ms. Berns – hardship is the trees) 7. No (Chair Rodgers and Mr. Gingold- need for parking isn’t a hardship) Yes (Ms. Berns) Mr. Gingold motioned to recommend approval of the generator variance with the following conditions: 1. The project must be in substantial compliance of the documents and testimony on record. The motion was seconded by Ms. Cullen and recommended for approval 6-0. Ms. Berns motioned to approve the parking pad with the following conditions: 1. The project must be in substantial compliance of the documents and testimony on record. 2. The root structures of the trees be disturbed as little as possible by working with an arborist. The motion was seconded by Ms. Cullen and recommended for approval 4-2. The meeting adjourned at 8:06pm. 272 of 413 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 January 26, 2016, the Zoning Board of Appeals makes the following findings of fact, based upon the standards for major variances specified in Section 6-3-8-12 of the City Code: Standard Finding (A) The requested variation will not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties; ___X___Met _____Not Met 6-0 (B) The requested variation is in keeping with the intent of the zoning ordinance; _______Met __X__Not Met 6-0 (C) The alleged hardship or practical difficulty is peculiar to the property; _______Met __X__Not Met 6-0 (D) The property owner would suffer a particular hardship or practical difficulty as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out; _______Met __X__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; _______Met __X__Not Met 6-0 Case Number: 15ZMJV-0107 Address or Location: 1610 Fowler Avenue Applicant: Leon Maupin Proposed Zoning Relief: Establish one open parking space with a .5’ south rear yard setback where 3’ is required 273 of 413 (G) The requested variation is limited to the minimum change necessary to alleviate the particular hardship or practical difficulty which affects the property; ______Met __X__Not Met 6-0 and, based upon these findings, and upon a vote of __0__ in favor & __6__ against recommends to the City Council _____ approval with conditions __X__ denial Attending: Vote: (motion for denial) Aye No __X__ Violetta Cullen _X__ ____ __X__ Mary Beth Berns _X__ ____ __X__ Lisa Dziekan _X__ ____ __X__ Matt Rodgers _X__ ____ __X__ Scott Gingold _X__ ____ __X__ Myrna Arevalo _X__ ____ _____ Mary McAuley ____ ____ 274 of 413 For City Council meeting of February 22, 2016 Item P3 Ordinance 14-O-16: Regulation of Domestic Animal Daycare Businesses 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 Meagan Jones, Neighborhood and Land Use Planner Subject: Ordinance 14-O-16 Establishment of regulations for Domestic Animal Daycare businesses and Dog Sitting businesses as permitted home occupations. 16PLND-0003 Date: February 11, 2016 Recommended Action: The Plan Commission and staff recommend amending the Zoning Ordinance to add Domestic Animal Daycare businesses and Dog Sitting businesses as permitted home occupations. Background There is an increasing number of home owners who provide dog walking services or house a small number of dogs during the day within their homes as dog sitters or dog daycare providers. While the City allows commercial Kennels and Domestic Animal Daycare centers, such operations on a much smaller scale are not allowed as home occupations. A Home Occupation is defined as follows: Home Occupation: An accessory use of a dwelling unit that is used for a gainful activity involving the provision, assembly, processing or sale of goods and/or services that is incidental and secondary to the use of a dwelling unit, but excluding the provision of shelter or lodging. (See Chapter 5 of this Title.) Currently, Home Occupations are classified under one of two categories, Minor Home Occupations or Major Home Occupations. Major Home Occupations are required to obtain a home occupation permit, while minor home occupations are exempt from permit requirements. The key differences between the two are in the number of clients allowed during a business day (six clients for minor home occupations and 12 clients for major home occupations) and the amount of space within a house the business can occupy (up to 400 sq. ft. for minor home occupations and up to 25% of home for major Memorandum 275 of 413 home occupations). There are also general requirements that all types of home occupations need to comply with. The Home Occupation regulations are attached for reference. Permitted Minor Home Occupations include: (1) Attorney, CPA, salesman, architect/landscape architect, interior designer, graphic artist, word processor and consultant. (2) Artist studio, provided no retail business is conducted on the premises. (3) Word processing and typing services. (4) Therapists, social workers, human service professionals. (5) Mail order businesses, for receipt of mail order only. (6) Telephone sales. (7) Teaching, instructing, tutoring, or counseling. (8) Other uses similar to those listed in this Section 6-5-5 as determined by the Zoning Administrator pursuant to the provisions of Section 6-3-9, "Administrative Interpretations. Permitted Major Home Occupations include: (1) Teaching, instructing, tutoring or counseling. (2) Photo developing. (3) Upholstering. (4) Dressmaking and alterations. (5) Woodworking. (6) Jewelry making. (7) Word processing and typing. (8) Caterers, provided no mechanical or electrical equipment shall be employed other than that customarily used for household purposes. (9) Repair services, provided no retail business is conducted on the premises. (10) Mail order businesses and telephone sales. (11) Other uses similar to those listed in this Section 6-5-6 as determined by the Zoning Administrator pursuant to the provisions of Section 6-3-9, "Administrative Interpretations." Proposal Overview The following two types of businesses are proposed to be added to the aforementioned list of permitted minor home occupations: • Domestic animal daycare services (not to exceed a total of 3 animals over the age of 4 months, including property owners pets) • Dog sitting services (not to exceed a total of 3 animals over the age of 4 months, including property owners pets) Domestic Animal Daycare services would allow home owners to take care of other people’s pets (up to 3 adult animals) during the day, while Dog Sitting services would allow home owners to keep other people’s pets (up to 3 adult animals) over night. Because the City’s Public Safety Code (Section 9-4-3-2 Limitation on Number of Dogs, attached) currently allows no more than 3 dogs over the age of 4 months for any household, the same regulation is included as maximum number of animals allowed as part of the home occupation. Therefore, if a homeowner currently has one dog of his/her 276 of 413 own, then no more than two other adult dogs would be allowed under home occupation rules. Any person who wishes to operate such home occupations would still be required to follow all applicable regulations outlined in Public Safety Code Title 9, Chapter 4 – Dogs, Cats, Animals and Fowl of the City Code., including obtaining an annual animal license. Making these businesses a Minor Home Occupation provides the opportunity for residents to legally establish such businesses while also placing some rules and regulation controls currently outlined by the City Code for other home occupations. The proposed text amendment will not have any adverse effects on the values of the properties in the area. Any dog sitting or domestic animal daycare home occupations would not be allowed to exceed the maximum number of animals (i.e. 3 dogs over the age of 4 months) already allowed for any other household. Legislative History February 10, 2016 – The Plan Commission unanimously recommended approval of the proposed text amendment. Attachments Proposed Ordinance 14-O-16 Home Occupation Regulations Link to Plan Commission Packet for 02/10/2016 277 of 413 1/22/2016 14-O-16 AN ORDINANCE Amending City Code Subsection 6-5-5(F) to Include Dog Daycare and Dog Sitting Businesses as a Permitted Minor Home Occupation NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Subsection 6-5-5(F) of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: (F) Permitted minor home occupations shall include but shall not be limited to the following: (1) Attorney, CPA, salesman, architect/landscape architect, interior designer, graphic artist, word processor and consultant. (2) Artist studios, provided no retail business is conducted on the premises. (3) Word processing and typing services. (4) Therapists, social workers, human service professionals. (5) Mail order businesses, for receipt of mail order only. (6) Telephone sales. (7) Teaching, instructing, tutoring, or counseling. (8) Domestic animal daycare services (not to exceed a total of 3 animals over the age of 4 months, including property owners’ pets) (9) Dog sitting services (not to exceed a total of 3 animals over the age of 4 months, including property owners’ pets) (10) Other uses similar to those listed in this Section 6-5-5 as determined by the Zoning Administrator pursuant to the provisions of Section 6-3-9, "Administrative Interpretations." SECTION 2: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Complied Statues and the courts of the State of Illinois. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: This ordinance shall be in full force and effect from and after 278 of 413 14-O-16 ~2~ its passage, approval and publication in the manner provided by law. SECTION 5: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. Introduced: _______________, 2016 Adopted: _________________, 2016 Approved: ___________________________, 2016 ________________________________ Elizabeth B. Tisdahl, Mayor Attest: ______________________________ Rodney Greene, City Clerk Approved as to form: ________________________________ W. Grant Farrar, Corporation Counsel 279 of 413 Page 1 CHAPTER 5 - HOME OCCUPATIONS 6-5-1. - PURPOSE AND INTENT. The purpose of this Chapter 5, "Home Occupations," is to permit the establishment of home occupations that are compatible with the residential districts in which they are located. 6-5-2. - DEFINITION. A home occupation is an accessory use of a dwelling unit that is: (A) Used for gainful employment that involves the provision, assembly, processing or sale of goods and/or services; and (B) Incidental and secondary to the residential use of the structure and does not change the essential residential character of the dwelling unit; but (C) Excludes uses that provide shelter or lodging to persons who are not members of the family residing in the dwelling unit as defined in Chapter 18, "Definitions," of this Ordinance. 6-5-3. - CLASSIFICATION OF HOME OCCUPATIONS. A home occupation established, pursuant to this Chapter, shall be classified as either a minor home occupation or a major home occupation in accordance with Sections 6-5-5 and 6-5-6, by the Zoning Administrator pursuant to Section 6-3-9, "Administrative Interpretations." Home occupations shall be subject to the requirements set forth in Sections 6-5-5 and 6-5-6 as applicable, in addition to the general requirements for home occupations contained in Section 6-5-4. No person shall establish a major home occupation without first obtaining from the Zoning Administrator a major home occupation permit pursuant to Section 6-5-8. 6-5-4. - GENERAL REQUIREMENTS AND PERFORMANCE CRITERIA. All home occupations shall comply with the following standards: (A) The operator of every home occupation shall reside in the dwelling unit in which the home occupation operates. (For the purposes of this Section 6-5-4, a coach house shall be considered part of a principal dwelling unit.) (B) The home occupation use shall be conducted entirely within a completely enclosed structure. (C) The home occupation shall not interfere with the delivery of utilities or other services to the area. (D) The home occupation shall not generate any noise, vibrations, smoke, dust, odor, heat, glare or electrical interference with radio or television transmission in the area that would exceed that which is normally produced by a dwelling unit in a zoning district used solely for residential purposes. (E) No toxic, explosive, flammable, radioactive or other restricted or hazardous material shall be used, sold or stored on the site. (F) There shall be no alteration of the residential appearance of the premises, including the creation of a separate or exclusive business entrance(s) or use of signage or other advertising or display to identify the business. (G) No clients/pupils shall be permitted between the hours of 9:00 p.m. and 7:00 a.m. (H) No outdoor display or storage of materials, goods, supplies or equipment shall be allowed on the premises, except for lawfully parked vehicles. (I) The home occupation shall, at all times, comply with all other applicable laws and ordinances. (J) The home occupation shall not cause a significant increase in the amount of traffic or parking on the particular residential street. (K) No more than fifty percent (50%) of any garage, whether attached or detached, may be used for any home occupation. (Ord. No. 39-O-12, §§ 2, 3, 6-11-2012) 280 of 413 Page 2 6-5-5. - MINOR HOME OCCUPATIONS. A use shall be classified as a minor home occupation and allowed without a home occupation permit provided, in addition to the general conditions set forth in Section 6-5-4, the following specific conditions are met: (A) The total area used for the home occupation shall not exceed fifteen percent (15%) or four hundred (400) square feet (whichever is less) of the habitable floor area of the dwelling unit. (B) The direct sale of products off display shelves or racks shall be prohibited. (C) No one (1) other than a resident of the dwelling unit shall be employed on the premises in connection with the operation of the home occupation. (D) No more than three (3) clients shall, at one (1) time, avail themselves to a product and/or service provided by a home occupation nor shall more than six (6) clients avail themselves to a product and/or service during a twenty-four (24) hour period. (E) Deliveries of bulk material other than by mail, local courier, or inter-city courier pertaining to the home occupation shall not occur more than once a week and shall be limited to the hours between 8:0) a.m. and 5:00 p.m. Monday through Friday. Further, traffic circulation shall not be restricted or disturbed as a result of a delivery to a home occupation. (F) Permitted minor home occupations shall include but shall not be limited to the following: (1) Attorney, CPA, salesman, architect/landscape architect, interior designer, graphic artist, word processor and consultant. (2) Artist studios, provided no retail business is conducted on the premises. (3) Word processing and typing services. (4) Therapists, social workers, human service professionals. (5) Mail order businesses, for receipt of mail order only. (6) Telephone sales. (7) Teaching, instructing, tutoring, or counseling. (8) Other uses similar to those listed in this Section 6-5-5 as determined by the Zoning Administrator pursuant to the provisions of Section 6-3-9, "Administrative Interpretations." 6-5-6. - MAJOR HOME OCCUPATIONS. A use shall be classified as a major home occupation, and allowed by permit pursuant to Section 6- 5-8 provided, in addition to the general conditions set forth in Section 6-5-4, the following specific conditions are met: (A) The total area needed for the home occupation shall not exceed twenty-five percent (25%) of the habitable floor area of the dwelling. (B) The number of persons who are employed on the premises in connection with the home occupation, but who are nonresidents of the dwelling, shall not exceed two (2). (C) No more than six (6) clients shall, at one (1) time, avail themselves to a product and/or service provided by a home occupation nor shall more than twelve (12) clients avail themselves to a produc t and/or service during a twenty-four (24) hour period. (D) Deliveries of bulk material other than by mail, local courier, or inter-city courier pertaining to the home occupation shall not exceed three (3) per week, and shall be limited to the hours between 8:00 a.m. and (5:00 p.m., Monday through Friday. Further, traffic circulation shall not be restricted or disturbed as a result of a delivery to a home occupation. 281 of 413 Page 3 (E) A home occupation permit issued to one (1) person shall not be transferable to any other person and, the permit shall not be valid at any address other than the one appearing on the permit. (F) Permitted major home occupations shall include but are not limited to the following: (1) Teaching, instructing, tutoring or counseling. (2) Photo developing. (3) Upholstering. (4) Dressmaking and alterations. (5) Woodworking. (6) Jewelry making. (7) Wordprocessing and typing. (8) Caterers, provided no mechanical or electrical equipment shall be employed other than that customarily used for household purposes. (9) Repair services, provided no retail business is conducted on the premises. (10) Mail order businesses and telephone sales. (11) Other uses similar to those listed in this Section 6-5-6 as determined by the Zoning Administrator pursuant to the provisions of Section 6-3-9, "Administrative Interpretations." 6-5-7. - PROHIBITED HOME OCCUPATIONS. Certain uses by their nature of investment or the impacts related to their operation have a pronounced tendency, once commenced, to either expand beyond the scope of activity permitted for home occupations, and thereby impair the integrity of the residential district in which they are located, or exert a negative influence on the residential neighborhood in which they are located. For this reason, the following uses, regardless of their compliance with the standards in Sections 6-5-4, 6-5-5 and/or 6-5-6 are prohibited as home occupations: (A) Any repair of motorized vehicles such as repair or painting of autos, trucks, trailers, boats, and lawn equipment. (B) Animal hospitals, kennels, stables or bird keeping facilities. (C) Barber shops or beauty parlors. (D) Clubs, including fraternities and sororities. (E) Funeral chapels or homes. (F) Medical or dental clinics. (G) Restaurants. (H) Warehousing. (I) Welding or machine shops. (J) Commercial rug/carpet cleaning/repair businesses when the rugs and/or carpets are cleaned and/or repaired on the premises. (K) Swimming pool businesses when equipment, supplies, and/or other materials for said businesses are stored on the premises. (L) Landscaping businesses when equipment, supplies, and/or other materials for said businesses are stored on the premises. 282 of 413 Page 4 (J) Uses that impair the integrity of the residential neighborhood in which they are located, exert a negative influence on the residential neighborhood in which they are located, and/or other uses similar to those listed in this Section 6-5-7 as determined by the Zoning Administrator pursuant to the provisions of Section 6-3-9, "Administrative Interpretations." (Ord. No. 39-O-12, § 4, 6-11-2012) 6-5-8. - PERMIT PROCEDURES. The following procedures will apply to major home occupations: (A) Application for a major home occupation permit shall be made to the Zoning Administrator on a form provided by the Administrator and shall be accompanied by a filing fee established by the City Council. (B) After determining that the major home occupation permit application is complete, the Zoning Administrator shall make a decision and notify the applicant in writing within fifteen (15) calendar days. (C) All major home occupation permits shall be valid for a period of five (5) years from the initial date of approval. (D) Violation of the specific requirements set forth in Section 6-5-6 or the general requirements set forth in Section 6-5-4 shall be deemed as a violation of this Ordinance and shall constitute grounds for revocation of the major home occupation permit by the Zoning Administrator pursuant to Section 6-3- 10-6, "Revocation of Certificate of Zoning Compliance." 283 of 413 For City Council meeting of February 22, 2016 Item P4 Ordinance 20-O-16 Application for a Special Use for a Resale Establishment, Threads Boutique, at 1304 Chicago Avenue For Introduction & Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Damir Latinovic, Planning and Zoning Administrator Melissa Klotz, Zoning Planner Subject: Ordinance 20-O-16, granting a Special Use for a Resale Establishment, Threads Boutique, at 1304 Chicago Avenue Date: February 8, 2016 Recommended Action The Zoning Board of Appeals and City staff recommend adoption of Ordinance 20-O-16 granting special use approval for a Resale Establishment, Threads Boutique, at 1304 Chicago Avenue in the B2 Business District and oDM Dempster-Main Overlay District. The applicant has complied with all zoning requirements, and meets all of the standards for a special use for this district. Suspension of the Rules is requested for Introduction and Action by City Council on February 22, 2016. Summary 1304 Chicago Avenue is located in a mixed-use two-story building at the northwest corner of Dempster Street and Chicago Avenue, just east of the CTA and Metra tracks. The ground-floor space in question was previously an electronics repair establishment. The applicants propose to operate an upscale children’s clothing consignment establishment, Threads Boutique, in the 500 square foot retail space. The applicants are new to the clothing consignment business, but are familiar with similar establishments and feel the proposed location is located within an area that meets the necessary customer demographic and will fill the void left by the closing of Hand Me Downs, a children’s used/consignment clothing store that recently closed at 614 Dempster Street. The two applicants will be the only employees of the business. The business will operate Tuesday through Friday from 10am – 5pm, Sundays from 11am – 2pm, and by appointment only at other dates/times with a maximum closing time of 8pm. Two on- site parking spaces will be dedicated for employee use. Drop off of clothing items will Memorandum 284 of 413 be permitted inside the establishment only, and will be limited to two bags per customer, per trip. There will be no other business-related deliveries. No exterior modifications will be made to the building other than window signage. City staff is not aware of any objections to the business in question. Neighborhood Benefit The neighborhood will benefit from a new business that fulfills the void left by the closing of Hand Me Downs: A Children’s Resale Store in the Dempster Street business district. The proposed business will occupy a currently vacant ground-floor commercial space. Comprehensive Plan The Evanston Comprehensive General Plan encourages the use of vacant spaces along existing commercial corridors to enhance the vibrancy of business districts. Legislative History February 2, 2016: The ZBA unanimously recommended approval of the special use for a Resale Establishment, Threads Boutique, with the following conditions: 1. Hours of operation shall not exceed 8am-9pm, 7 days a week. 2. Employees may not utilize on-street parking. 3. Substantial compliance with the documents and testimony on record. Attachments Proposed Ordinance 20-O-16 February 2, 2016 ZBA Draft Meeting Minutes ZBA Findings Additional Document Submitted at ZBA (Business Plan) February 2, 2016 ZBA Packet – http://www.cityofevanston.org/assets/zba-packet-20160202.pdf 285 of 413 2/11/2016 20-O-16 AN ORDINANCE Granting a Special Use Permit for a Resale Establishment Located at 1304 Chicago Avenue in the B2 Business District and the oDM Dempster-Main Overlay District (“Threads Boutique”) WHEREAS, the Zoning Board of Appeals (“ZBA”) met on February 2, 2016, pursuant to proper notice, to consider case no. 16ZMJV-0001, an application filed by Anna Ermel and Chaya Gordon Burstyn, lessees for the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 1304 Chicago Avenue (the “Subject Property”) and located in the B2 Business District and the oDM Dempster-Main Overlay District, for a Special Use Permit to operate a Resale Establishment, pursuant to Subsection 6-9-3-3 of the Evanston City Code, 2012, as amended (“the Zoning Ordinance”) on the Subject Property; and WHEREAS, the ZBA, after hearing testimony and receiving other evidence, made a written record and written findings that the application for a Special Use Permit for a Resale Establishment met the standards for Special Uses in Section 6-3-5 of the Zoning Ordinance and recommended City Council approval thereof; and WHEREAS, at its meeting of February 22, 2016, the Planning and Development Committee of the City Council (“P&D Committee”) considered the ZBA’s record and findings and recommended the City Council accept the ZBA’s recommendation and approve the application in case no. 16ZMJV-0001; and 286 of 413 20-O-16 ~2~ WHEREAS, at its meetings of February 22, 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 Resale Establishment on the Subject Property as applied for in case no. 16ZMJV- 0001. 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. Parking: Employees shall not park on the street during hours of operation. C. Hours of Operation: The Applicant shall operate the Resale Establishment authorized by this ordinance only between the hours of 8:00 a.m. and 9:00 p.m. on any given day. D. Recordation: Before it may operate the Special Use authorized by the terms of this ordinance, the Applicant shall record, at its cost, a certified copy of this ordinance with the Cook County Recorder of Deeds. 287 of 413 20-O-16 ~3~ SECTION 4: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 8: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2016 Adopted:___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 288 of 413 20-O-16 ~4~ EXHIBIT A LEGAL DESCRIPTION THAT PART OF BLOCK 39 IN THE ORIGINAL VILLAGE OF EVANSTON LYING EAST OF THE EAST LINE OF THE RIGHT OF WAY OF THE CHICAGO NORTH SHORE STREET RAILWAY (NOW THE EAST LINE OF SHERMAN AVENUE); NORTH OF THE NORTH LINE OF DEMPSTER STREET (AS SURVEYED BY THE CITY OF EVANSTON IN 1895); AND SOUTH OF A LINE DESCRIBED AS BEGINNING AT A POINT IN THE EAST LINE OF SAID BOCK 39, 342 FEET SOUTH OF THE NORTHEAST CORNER THEREOF; THENCE W EST IN A STRAIGHT LINE, 182.65 FEET TO A POINT IN THE EAST LINE OF SHERIDAN AVENUE 342.75 FEET SOUTH OF THE NORTH LINE OF SAID BLOCK 39 BEING IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 11-18-330-008-0000 11-18-330-009-0000 COMMONLY KNOWN AS: 1304 Chicago Avenue, Evanston, Illinois. 289 of 413 Page 1 of 6 Zoning Board of Appeals DRAFT NOT APPROVED MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, February 2, 2016 7:00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Matt Rodgers, Myrna Arevalo, Mary Beth Berns, Mary McAuley, Violetta Cullen Members Absent: Scott Gingold, Lisa Dziekan Staff Present: Melissa Klotz, Damir Latinovic 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 January 26, 2016 Zoning Board of Appeals meeting were motioned for approval by Ms. Cullen with one correction and seconded by Ms. Berns. The motion was approved 4-0 with one abstention. Old Business 2422 Hastings Avenue ZBA 15ZMJV-0110 Marc Wise & Heather Lough, landscape contractors, apply for major zoning relief to construct a brick paver patio in the R1 Single Family Residential District. The applicants request 68.7% impervious surface coverage where a maximum 45% is allowed and 62.0% currently exists (Zoning Code Section 6-8-2-10-A). The Zoning Board of Appeals is the determining body for this case. Ms. Klotz read the case into the record. Mr. Wise and Ms. Lough explained the proposal: Patio will be added as no patio or deck currently exists This will improve the current drainage situation on the property Drainage documents were submitted (the same documents as in the ZBA packet) Property owner on one side is favorable to the project, but they have been unable to contact the homeowner on the other side Ms. Berns inquired as to when the property was purchased by the current owner, and when the concrete sidewalks were replaced. The applicants were unsure of when the property was purchased, but know the sidewalks were replaced in the last year or so. Ms. McAuley stated that it seems the drainage proposal is quite comprehensive and is a great improvement to the current drainage of the property. Ms. Berns inquired as to what the hardship of the property is, and the applicants replied that the lot has a smaller width. Ms. McAuley asked about the existing impervious amount on the property, and Ms. Klotz confirmed it is legally-nonconforming. The applicant explained the request will increase the hardscape by about 3% but improve the drainage and storm-water management. 290 of 413 Page 2 of 6 Zoning Board of Appeals Ms. Berns asked about the drawn in portion of concrete on the plat of survey, and the applicants explained they added that to the plat when doing a site visit to make sure the plat was an accurate representation of the current property condition. Ms. Berns asked staff for confirmation that the concrete drawn onto the plat was done without permit, and Ms. Klotz confirmed. Chair Rodgers asked if there is an issue with water collecting on the property currently since the property is the low point between the neighboring properties. The applicants replied no, that during significant rainfall when there is standing water on other properties, there is no standing water on this property. The applicant explained that this will improve aesthetics and functionality of the property since the backyard is currently unfinished and does not feature any patio or deck area. Along with the storm-water management proposed, the patio will be an improvement for the property and the neighborhood. The ZBA entered into deliberations: Ms. Berns stated that there was no hardship unique to the property. It is not an uncommon lot, lot size, or house size. Existing concrete may or may not be there, and it is hard to know without the property owner present to explain what concrete areas were changed or reduced. It also appears that some concrete was previously added without permit. The hardship was self- created because the owner previously added concrete without obtaining a permit, and piecemealed the hardscape instead of presenting all changes at once to the ZBA. However, the applicant did an admirable job dealing with the drainage issue. Ms. McAuley noted that the patio is the issue before the Board, not the existing sidewalks. The project before the Board is a good one that will be an improvement to the property and a benefit to the neighborhood. The applicants and property owner should be commended for the extensive drainage plan proposed. Chair Rodgers noted that it seems there are questions for the property owner, who is not present. The drainage plan is very well thought out. Chair Rodgers inquired as to whether the hardship was created by the applicant when they added concrete without a permit. Ms. Klotz explained that with the proposed concrete removal, even adding in the concrete that was done without permit, the percentage of impervious surface did not increase beyond what originally on site before any of the flatwork was replaced/added. The increase is due to the proposed patio. Ms. McAuley stated that she would hate to see this vast improvement denied because of a walk that was added before. Chair Rodgers stated that he agreed to an extent, but explained it seemed as though the homeowner was seeking forgiveness for a situation that was self-created. If the homeowner made an adjustment to their property that skewed their legal nonconforming status, that impacts how the Zoning Board receives the project. Also, if the homeowner had waited to replace the walks at the same time as proposing the patio, the ZBA could have required the walks to be replaced with pavers, or eliminate some non-essential walks to reduce the impervious area. Since all walks were redone in the last few months, there is now no opportunity for the ZBA to require adjustment to those areas. Mr. Latinovic stated that a permit was issued for flatwork last year that included the removal of some concrete. Permit title was “removal and reinstallation of walkways” applied for and issued on July 28, 2015. 291 of 413 Page 3 of 6 Zoning Board of Appeals Chair Rodgers asked for clarification that the permit issued was for a swap out of concrete and Mr. Latinovic replied yes. Ms. Berns noted that the site plan shows that there is now more concrete than there was on the plat that was done prior to that permit, so it wasn’t a swap out, it increased the amount of concrete. The Standards were addressed: 1. Yes 2. Yes 3. Yes Ms. Berns - no, there is nothing unique about this property. Ms. McAuley – yes, the existing hardscape/legal-nonconforming status is what is unique. It is interesting to think about what will happen if this proposal is denied. The backyard will remain unimproved and the drainage issue will not get any better. Right now, water runs off the property since there is clay soil present. The drainage plan will allow water to drain into property, which is a benefit to everyone. 4. No Chair Rodgers - no, more sidewalk could have been removed or at least replaced with brick pavers. That would get the 3% increase down more. There should have been a cohesive plan to look at the entire property at once with walks and patios together rather than piecemealed. Ms. McAuley - yes, because it is probable to want an attractive, useful, improvement to the property. 5. Yes 6. No Chair Rodgers - no, because the walks were replaced with concrete when they could have been reduced at that time. Ms. McAuley - yes, they are trying to correct the hardship that already existed 7. No Chair Rodgers - no, because there were a few months between when the walks were replaced and when the patio was proposed. There could have been less deviation if the entire project was done at once. Ms. McAuley - yes, it may not be the “least,” but it is the best, which is the intent of this Standard. The benefit is greater than the cost of allowing the variation. It makes the most sense. Ms. McAuley motioned to approve the proposal with the condition the project be in substantial compliance and testimony on record, which was seconded by Ms. Arevalo. The motion received a vote of 2-3 for approval. Without four concurrent votes, the case was continued to the February 16, 2016 ZBA hearing for the remaining ZBA members to review the documents and testimony on record and cast their votes. New Business 1418 Main Street ZBA 15ZMJV-0118 Jeanie Petrick, architect, applies for major zoning relief to construct a one-car detached garage in the R3 Two-Family Residential District. The applicant requests a 0’ street side yard setback where 15’ is required (Zoning Code Section 6-8-4-7-C-2), a 0’ west rear yard setback where 3’ is required (Zoning Code Section 6-8-4-7-C-4), and a 0’ south rear yard setback where 3’ is required (Zoning Code Section 6-8-4-7-C-4). The Zoning Board of Appeals is the determining body for this case. On January 14, 2016, the applicant submitted revised plans. The applicant now requests a 1’ street side yard setback where 15’ is required (Zoning Code Section 6-8-4-7-C-2), and a 1’ 292 of 413 Page 4 of 6 Zoning Board of Appeals south rear yard setback where 3’ is required (Zoning Code Section 6-8-4-7-C-4). The Zoning Board of Appeals is the determining body for this case. Ms. Klotz read the case into the record. Ms. Petrick explained the proposal: Originally the applicants wanted the curb cut off of the street to locate a garage in a compliant location, but it was extremely difficult because of grade change, and would require removal of one street tree as well as loss of two on-street parking spaces. The property was purchased with current condition of one open parking space, the previous owner sold rear part of property to adjacent townhome complex to provide parking for them. The applicants looked into constructing a shared garage for the townhome spaces and the Main Street property owner, but ran into legal concerns. The applicants then proposed a garage on the existing parking pad, but it was impossible to construct a garage large enough to fit a vehicle. The current proposal allows for a garage as well as a car to park on the driveway if necessary. The proposed minimal sized garage will lessen the impact from neighboring properties, and noted the petition/letter of support from many neighbors as well as verbal conversations with other neighbors. The proposal will allow a typical Evanston house to have an enclosed parking space. The proposal would take one vehicle off of the street; Washington school is nearby and street parking is often full. Chair Rodgers questioned how many trees will be removed. The applicant replied that the two prominent weed trees will definitely be removed but the interior trees will remain. The applicants will attempt to keep as many trees as possible. Ms. Berns notes that she appreciates that the garage is kept as low as possible to minimize impact, but expects that the applicants will not be able to get a garage door opener into the garage and it may need to raise the roofline. Ms. McAuley agreed that a curb cut would not work well there and would not be a popular thing to do; access via the alley is a far better option. The ZBA entered into deliberations: Ms. Berns noted that the applicants did a nice job evaluating other options and trying to find a zoning compliant location. The Standards were then addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes Ms. Arevalo motioned to approve the proposal, which was seconded by Ms. Cullen. The motion was approved 5-0, with the conditions that garage could be increased in height to accommodate a garage door opener, and that the project be in substantial compliance with the documents and testimony on record. 828 Colfax Street ZBA 15ZMJV-0119 293 of 413 Page 5 of 6 Zoning Board of Appeals John Moore & Corinne Peterson, property owners, apply for major zoning relief to construct a two-car detached garage in the R1 Single Family Residential District. The applicants request a 3’ street side yard setback where 15’ is required (Zoning Code Section 6-8-2-8-A-2). The Zoning Board of Appeals is the determining body for this case. Ms. Klotz read the case into the record. John Moore & Corinne Peterson, property owners, explained the proposal: The house was purchased in 2012, and in 2013 the 100+ year old garage collapsed. Compliant garage location would require the removal of a 35’ spruce tree Applicants request a 3’ setback, where the previous garage had a 1.5’ setback. The applicants cannot go further than 3’ in without significantly having to trim the spruce tree; even so, it will need some trimming. The proposal will comply with 3’ rear yard setback Many neighbors submitted letters of support The garage is designed similar in size and style to the old garage, the only significant difference is that it is taller to provide a storage area in the attic. Two neighboring garages are 19’ and 23’ in height, and the proposed garage is 19’ in height. The proposal has been approved by the Historic Preservation Commission. Chair Rodgers inquired as to whether the garage footprint is roughly the same as the old garage, and the applicant replied yes. Chair Rodgers asked whether the parking pad will be made larger. The applicants replied that the parking pad will be totally replaced and will be longer due to the 3’ setback, but that is all; they are not creating an open parking space. The ZBA entered into deliberations. Ms. Berns noted that the proposal should include a condition about preserving the tree since that is the hardship. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes Ms. Cullen motioned for approval of the proposal. The motion was seconded by Ms. Berns, and approved 5-0 with the condition that the tree be appropriately root-pruned to preserve the tree, and that substantial compliance with the documents and testimony be on record. 1304 Chicago Avenue ZBA 16ZMJV-0001 Anna Ermel & Chaya Gordon Burstyn, lessees, apply for a special use permit for a Resale Establishment, Threads Boutique, in the B2 Business District and the oDM Dempster-Main Overlay District, which require a special use permit for a Resale Establishment to operate (Zoning Code Section 6-9-3-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into the record. Applicant submitted Exhibit A handout explaining their business plan, and presented: The proposal is a children’s upscale used clothing store. 294 of 413 Page 6 of 6 Zoning Board of Appeals The proposal is a consignment store with designer brands, like new, size baby to size 14 and will sell specialty items like dance leotards and soccer shoes. The hours of the store will be Tuesday through Friday, 10AM-5PM; Sundays 11AM-2PM seasonally, evenings and Mondays by appointment only, but no earlier than 8AM and no later than 8PM. There is ample metered street parking for customers. There are two dedicated spaces on-site for employee parking. There will be no major deliveries or pickups to the store. Customers can drop off a maximum of two bags inside the store per visit. There will be no drop offs of clothes outside. Ms. Berns asked the applicants if they had any background in this type of business. One applicant has not had any retail experience, but does have an MBA and was very familiar with Hand-Me-Downs and when they discovered the store was closing, they saw an opportunity to open a similar business with their own vision. The other applicant has owned multiple businesses in the past and currently flips houses. The ZBA entered into deliberations and the Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes Ms. Berns motioned to recommend approval of the proposal, and the motion was seconded by Ms. Cullen with the following conditions: 1. Hours of operation shall not exceed 8am-9pm, 7 days a week 2. Employees may not utilize on-street parking 3. Substantial compliance with the documents and testimony on record. The motion was approved 5-0. Discussion Ms. Klotz mentioned the next ZBA meeting is February 16, 2016, and the Meet & Greet with staff, Plan Commission, and Historic Preservation Commission is on February 23, 2016. The meeting was adjourned at 8:48PM. 295 of 413 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 February 2, 2016, the Zoning Board of Appeals makes the following findings of fact, reflected in the audio-visual recording of the hearings, based upon the standards for special uses specified in Section 6-3-5-10 of the Zoning Ordinance: Standard Finding (A) It is one of the special uses specifically listed in the zoning ordinance; ___X__Met _____Not Met Vote 5-0 (B) It is in keeping with purposes and policies of the adopted comprehensive general plan and the zoning ordinance as amended from time to time; ___X___Met _____Not Met Vote 5-0 (C) It will not cause a negative cumulative effect, when its effect is considered in conjunction with the cumulative effect of various special uses of all types on the immediate neighborhood and the effect of the proposed type of special use upon the city as a whole; ___X___Met _____Not Met Vote 5-0 (D) It does not interfere with or diminish the value of property in the neighborhood; ___X___Met _____Not Met Vote 5-0 Case Number: 16ZMJV-0001 Address or Location: 1304 Chicago Avenue Applicant: Anna Ermel & Chaya Gordon Burstyn Proposed Special Use: Resale Establishment, Threads Boutique 296 of 413 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 5-0 (F) It does not cause undue traffic congestion; ___X___Met _____Not Met Vote 5-0 (G) It preserves significant historical and architectural resources; ___X___Met _____Not Met Vote 5-0 (H) It preserves significant natural and environmental features; and ___X___Met _____Not Met Vote 5-0 (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 5-0 and, based upon these findings, and upon a vote __5__ in favor & __0__ against Recommends to the City Council _____ approval without conditions _____ denial of the proposed special use __x__ approval with conditions specifically: 1. Hours of operation shall not exceed 8am-9pm, 7 days a week 2. Employees may not utilize on-street parking 3. Substantial compliance with the documents and testimony on record. Attending: Vote: Aye No ___X__ Mary Beth Berns __X__ ____ ___X___ Myrna Arevalo __X__ ____ _______ Scott Gingold _____ ____ ___X___ Matt Rodgers __X__ ____ ___X___ Violetta Cullen __X__ ____ _______ Lisa Dziekan _____ ____ ___X___ Mary McAuley __X__ ____ 297 of 413 298 of 413 For City Council meeting of February 22, 2016 Item P5 Ordinance 21-O-16 Application for Major Zoning Relief for a Generator & One Open Parking Space at 1140 Lakeshore Boulevard For Introduction & Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Damir Latinovic, Planning and Zoning Administrator Melissa Klotz, Zoning Planner Subject: Ordinance 21-O-16 Granting Major Zoning Relief for a Generator and One Open Parking Space at 1140 Lakeshore Boulevard Date: February 4, 2016 Recommended Action The Zoning Board of Appeals and City staff recommend approval of Ordinance 21-O-16 granting major zoning relief to locate a generator more than 2’ from the principal structure where generators must be located within 2’ of the principal structure, with a 0.5’ street side yard setback where a minimum 4’ is required when screened and major zoning relief to establish one open parking space in the rear yard with a 2’ rear yard setback where a minimum 3’ is required, at 1140 Lakeshore Boulevard. 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 February 22, 2016. Summary 1140 Lakeshore Boulevard property is located on the southwest corner of Hamilton Street and Lakeshore Boulevard, in the R1 Single Family Residential District and the Lakeshore Historic District. The property is designated as a Local Historic Landmark, and is surrounded by similar single family residences. The applicant proposes two variations. Generator Variation The applicant is requesting approval of a major variation to locate a backup generator in the required street side yard adjacent to Hamilton Street. On a corner property such as 1140 Lakeshore Boulevard, generators may be located in the street side yard (Hamilton Street) with a minimum 4’ setback from the street side property line when a generator is located within 2’ of the principal structure and the generator is obscured from view by screening methods such as landscaping. Generators follow the same regulations as air conditioner condensing units. Memorandum 299 of 413 The proposed generator can be located in a compliant location with landscape screening and meet all zoning requirements. However, the applicant believes there is a more appropriate location for the generator where it will be better screened from public view and is a preferred location by the homeowner. The applicant proposes to locate the generator slightly west of the house, where it is not within 2’ of the principal structure nor 4’ from the property line. The proposed location below shows the generator behind an existing brick wall that follows the property line. The proposed location is 0.5’ from the street side property line, but meets the screening requirement due to the brick wall. The location is completely hidden from the right-of-way and is adjacent to two air conditioning condensers that will remain and that are also hidden from the right-of-way. The proposed generator is needed as back-up electricity for emergency use only for sump pumps. The generator will run for approximately 10 minutes each day to charge, and the applicant has agreed to time the charging during the day to lessen the noise impact. Parking Pad The applicant is requesting approval of a major zoning variation to locate an open parking space 2’ from the rear lot line where minimum 3’ is required by Code. The house features a two-car attached garage that does not easily accommodate two vehicles. The applicant Proposed generator location (behind brick wall) 300 of 413 proposes to add one open parking space in the rear yard with access off of the alley. In an effort to minimize the removal of existing trees and the impact on roots, the applicant proposes to establish a parking pad parallel to the alley with a 2’ setback. To comply with the required 3’ setback, at least two additional trees would have to be removed, and root structures of other trees would be further compromised. The existing metal fence will be modified with a sliding gate that opens both north and south to provide access to the parking space. There is no location on the property for the open parking space that both meets the requirements of the Zoning Ordinance and limits the number of trees removed/impacted more than the applicant’s proposal. Conclusion: Although both the generator and the open parking space could be located in compliant locations, the compliant locations increase the impact from the right-of-way and on existing mature trees. Both variations meet the standards for variations as they provide a public benefit to surrounding properties by minimizing the impact. City staff is not aware of any objections from neighboring property owners. Legislative History January 26, 2016: The Zoning Board of Appeals recommended unanimous approval of the zoning relief for the generator, and recommended approval (4-2) for the zoning relief for the open parking space, with the following conditions: 1. The project must be in substantial compliance of the documents and testimony on record. 301 of 413 2. The applicant shall work with an arborist to ensure the root structures of the trees be disturbed as little as possible. January 19, 2016: The Preservation Commission recommended unanimous approval to the Zoning Board of Appeals for the generator and the open parking space. Attachments Proposed Ordinance 21-O-16 ZBA Findings January 26, 2016 ZBA Meeting Minutes January 19, 2016 Preservation Commission Draft Meeting Minutes Excerpt Additional Document submitted at ZBA January 26, 2016 ZBA Packet: http://www.cityofevanston.org/assets/ZBA-packet-20160126.pdf 302 of 413 2/11/2016 21-O-16 AN ORDINANCE Granting Major Variations Related to 1140 Lakeshore Boulevard in the R1 Single Family Residential District WHEREAS, Trust 8002368034 (the “Applicant”), owner of the property commonly known as 1140 Lakeshore Boulevard (the “Subject Property”), located within the R1 Single Family Residential 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 6-4-6-9 and Subsection 6-8-2-8(C)(4) 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 to locate a generator more than two (2) feet from the principal structure where generators must be located within two (2) feet of the principal structure; (B) The Applicant requests a six (6) inch street side yard setback where a minimum four (4) feet is required when screened; (C) The Applicant requests one open parking space in the rear yard with a two (2) foot rear yard setback where a minimum three (3) feet is required; and WHEREAS, on January 26, 2016, the Zoning Board of Appeals (“ZBA”), pursuant to proper notice, held a public hearing in case no. 15ZMJV-0115 to consider the application, received testimony, and made written records and findings that the application did meet the standards for Major Variations set forth in Subsection 6-3-8-12- 303 of 413 21-O-16 ~2~ (E) of the Zoning Ordinance and recommended City Council grant the Major Variations; and WHEREAS, at its meeting of February 22, 2016, the Planning and Development (“P&D”) Committee of the City Council received input from the public, carefully considered the ZBA’s record and findings and recommended the City Council accept the ZBA’s recommendation and approve the Major Variations in case no. 15ZMJV-0077; and WHEREAS, at its meeting of February 22, 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-0115 and described hereinabove. SECTION 3: The Major Variations approved hereby are as follows: (A) Approval to allow a generator more than two (2) feet from the principal structure. Subsection 6-4-6-9 requires that a generator must be located within two (2) feet of the principal structure on the Subject Property. (B) Approval to allow a six (6) inch street side yard setback. Subsection 6-4-6-9 requires that a minimum four (4) foot street side yard setback is required when the generator is screened on the Subject Property. 304 of 413 21-O-16 ~3~ (C) Approval to allow one open parking space in the rear yard with a two (2) foot rear yard setback. Subsection 6-8-2-8(C)(4) requires parking spaces in the rear yard to have a minimum three (3) foot rear yard setback on the Subject Property. SECTION 4: Pursuant to Subsection 6-3-8-14 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Major Variations granted hereby, violation of any of which shall constitute grounds for penalties or revocation thereof pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: (A) Compliance with Requirements: The Applicant shall develop and use the Subject Property in substantial compliance with all applicable legislation, with the testimony and representations of the Applicant to the ZBA, the P&D Committee, and the City Council, and the approved plans and documents on file in this case. (B) Trees: The Applicant shall minimize the disruption done on the surrounding tree root structures by working with an arborist. SECTION 5: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 6: Except as otherwise provided for in this ordinance, all applicable regulations of the Zoning Ordinance and the entire City Code shall apply to the Subject Property and remain in full force and effect with respect to the use and development of the same. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 8: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 9: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity 305 of 413 21-O-16 ~4~ shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 10: The findings and recitals herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2016 Adopted:___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 306 of 413 21-O-16 ~5~ EXHIBIT A Legal Description The North 19 feet of Lot 19 and all of Lot 20 in Elliot’s Subdivision of Block 82 and Accretions in the Resubdivision of Blocks 80, 81, and 82 in the Northwestern University Subdivision of the North Half of Section 19, Township 41 North, Range 14 East of t he Third Principal Meridian lying East of Chicago Avenue, (except 15 ½ acres in the Northeast corner thereof) Situated in the City of Evanston, County of Cook and State of Illinois. PIN(S): 11-19-212-007-0000 Commonly Known As: 1140 Lakeshore Boulevard, Evanston, Illinois. 307 of 413 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 January 26, 2016, the Zoning Board of Appeals makes the following findings of fact, based upon the standards for major variances specified in Section 6-3-8-12 of the City Code: Standard Finding (A) The requested variation will not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties; ___X___Met _____Not Met 6-0 (generator) 6-0 (parking) (B) The requested variation is in keeping with the intent of the zoning ordinance; ___X___Met _____Not Met 6-0 (generator) 5-1 (parking) (C) The alleged hardship or practical difficulty is peculiar to the property; ___X___Met _____Not Met 6-0 (generator) 4-2 (parking) (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 (generator) 5-1 (parking) (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 (generator) 6-0 (parking) (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 (generator) Case Number: 15ZMJV-0115 Address or Location: 1140 Lakeshore Boulevard Applicant: Trust 8002368034 Proposed Zoning Relief: Locate a generator more than 2’ from the principal structure where generators must be located within 2’ of the principal structure and a .5’ street side yard setback where a minimum 4’ is required when screened; establish one open parking space in the rear yard with a 2’ rear yard setback where a minimum 3’ is required 308 of 413 4-2 (parking) (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 (generator) 4-2 (parking) and, based upon these findings, and upon a vote of __6__ in favor & __0__ against (generator) and __4__ in favor & __2__ against (parking) recommends to the City Council __X___ approval with conditions: 1. The root structures of the trees shall be disturbed as little as possible by working with an arborist. 2. Substantial compliance with the documents and testimony on record. _____ denial Attending: Vote: (generator) (parking) Aye No Aye No __X__ Violetta Cullen _X__ ____ _X__ ____ __X__ Mary Beth Berns _X__ ____ _X__ ____ __X__ Lisa Dziekan _X__ ____ _X__ ____ __X__ Matt Rodgers _X__ ____ ____ _X__ __X__ Scott Gingold _X__ ____ ____ _X__ __X__ Myrna Arevalo _X__ ____ _X__ ____ _____ Mary McAuley ____ ____ ____ ____ 309 of 413 Page 1 of 4 Zoning Board of Appeals APPROVED MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, January 26, 2016 7:00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Matt Rodgers, Myrna Arevalo, Mary Beth Berns, Lisa Dziekan, Scott Gingold, Violetta Cullen Members Absent: Mary McAuley Staff Present: Melissa Klotz, Damir Latinovic 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 January 5, 2016 Zoning Board of Appeals meeting were motioned for approval by Ms. Cullen and seconded by Mr. Gingold. The minutes were approved 5-0 with 1 abstention. Old Business 1610 Fowler Avenue ZBA 15ZMJV-0107 Leon Maupin, property owner, applies for major zoning relief to establish one open parking space in the R2 Single Family Residential District. The applicant requests a .5’ south rear yard setback where 3’ is required (Zoning Code Section 6-8-3-7-C). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into record. Mr. Maupin, property owner, explained the proposal: Extra space is wanted to keep a car, bike, recreational use, etc. Nothing grows in that area but weeds Creating a parking space will beautify the alley view Mr. Gingold asked if there was anything unique about the property that makes the necessary other than the weeds, and Mr. Laupin responded no. Mr. Maupin noted that his neighbor has no problem with the proposed parking space. Ms. Cullen asked if Mr. Maupin has a garage, he responded yes, he does, in the front and back of his home and cars are parked in them. Mr. Gingold asked Mr. Maupin if he considered locating the parking space in a compliant location and Mr. Maupin responded that the only other area is on the other side of the garage, but that he planned to extend the garage into that open space in the future. Chair Rodgers asked if there was a patio that connects the shed to the garage and Mr. Laupin responded yes, there is a 23’ x 12’ L-shaped patio. The ZBA entered into deliberation: Mr. Gingold noted that the Standards were not met. No hardship was unique to the property and it did not meet the minimum change necessary. Ms. Berns and Chair Rodgers agreed. 310 of 413 Page 2 of 4 Zoning Board of Appeals Chair Rodgers noted that an additional parking space is excessive given how much parking is already on site. There is no strong argument for the need of this parking space. The Standards were then addressed: 1. Yes 2. No –Applicant stated space may be used for bike parking or recreational use. 3. No –No true need 4. No –No hardship present 5. Yes 6. No –No hardship present, the applicant just wants it 7. No –Multiple parking spaces are already present, additional space not necessary. Mr. Gingold motioned to recommend denial, which was seconded by Ms. Berns. The motion was approved 6-0. New Business 1919 Church Street ZBA 15ZMJV-0114 Robert Edelman, contractor, submits for a special use permit and major zoning relief to replace existing ComEd equipment in the B2 Business District and the oWE West Evanston Overlay District, which requires a special use permit for a Public Utility (Zoning Code Section 6-9-3-3). The applicant requests to replace existing utility equipment with “DC-in-a-box” utility equipment screened from the right-of-way by landscaping where screening by landscaping and a solid fence are required (Zoning Code Section 6-15-15-XXI-C-1), and landscaping where landscaping and a 3’-4’ steel or PVC picket fence is required to screen open parking from the right-of-way along Brown Avenue (Zoning Code Section 6-15-15-XVIII-B-5). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Since the case was still under review by the Public Works Agency, Ms. Cullen motioned to continue the case to February 16, 2016 without discussion. The motion was seconded by Mr. Gingold and approved 6-0. 1140 Lakeshore Boulevard ZBA 15ZMJV-0115 Trust 8002368034, property owner, submits for major zoning relief to relocate a generator and establish one open parking space in the rear yard in the R1 Single Family Residential District. The applicant requests to relocate a generator more than 2’ from the principal structure where generators must be located within 2’ of the principal structure, and a .5’ street side yard setback where a minimum 4’ is required when screened (Zoning Code Section 6-4-6-9). The applicant also requests to establish one open parking space in the rear yard with a 2’ rear yard setback where a minimum 3’ is required (Zoning Code Section 6-8-2-8-C-4). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into record. Mr. Haislet, property owner, explained the proposal: Wants to put generator behind brick wall near existing AC units Better aesthetically and less obvious to people walking down sidewalk Brick wall will better dampen sound 2’ x 3’ generator needed to back up 2 sump pumps Generator would be 4 - 5’ from house at closest point. Ms. Dziekan asked if there was currently dirt dug up near the compliant location and Mr. Haislet responded yes, to run a gas line. Mr. Gingold asked if the AC unit could be moved and the generator placed there instead. Mr. Haislet responded then the AC unit would need a similar variance to the generator. 311 of 413 Page 3 of 4 Zoning Board of Appeals Chair Rodgers asked what kind of landscaping exists there currently and Mr. Haislet responded that the landscaping provides partial screening to the view from the house but more landscaping would be added. The generator is not extremely loud but it does make noise when it charges each day for approximately 10 minutes. The proposed location for the generator makes best sense in terms of reducing noise. Ms. Berns noted that the generator sounds like a diesel truck idling and that it could be run at 10 AM on Tuesdays when sirens are already going. Ms. Berns also noted that the sound would be amplified by the brick wall, but since it would run a short time and not near other residences, it would be okay. Mr. Haislet explained his proposal for the parking pad: Garage is an old standard size attached to an historic house so it only comfortably fits 1.5 cars Driveway is difficult to maneuver and results in moving cars often The parking pad would alleviate the congestion in the driveway The proposed location of the parking pad is minimal impact and mostly hidden from view by the trees and fence near the alley Two small trees would be removed Four people live there with two cars, one car parks in the garage and one in the driveway, they are always maneuvering to get around. When the kids get older there will be more drivers/vehicles on the property. Will parallel park on the parking pad, gate will be added that slides to both sides and does not extend into the alley. Ms. Berns asked what the 1421 number on plat referred to and Mr. Haislet responded that is the size of the driveway. Ms. Berns also asked the size of the garage and Mr. Haislet responded that the garage is 20’ wide and a little deeper. Mr. Haislet explained that the compliant location for the parking pad would result in more tree removal and root disturbance of the exotic trees that line the entire back yard. To add on to the driveway to create more parking space would require the removal of the brick wall that lines the driveway currently. Ms. Berns noted that the parking pad is not convenient to the house and wouldn’t regularly be used. Mr. Haislet responded that the parking pad would likely be used for his teenager. Ms. Berns noted that it seemed better to extend the driveway more and Mr. Haislet responded that he wanted it more hidden. Ms. Klotz explained that Mr. Haislet would still need a variance to extend the driveway to create an additional open parking space since it would not be within the rearmost 30’ of the rear yard. Ms. Dziekan asked if it would be possible for Mr. Haislet to comfortably park in an 8’x21’ space and Mr. Haislet responded yes, and Hamilton Street gets pretty full because of the park and beach across the street. He added that that he may add a bluestone path from the parking pad to the house in the future. Ms. Klotz noted that an 8’x21’ parking pad is the minimum required by zoning for a parallel space. Mr. Haislet noted that his overall intention is to make as minimal change to the property as possible, and believes his requests do just that. The ZBA entered into Deliberations: 312 of 413 Page 4 of 4 Zoning Board of Appeals Ms. Berns noted that is seems like there is plenty of parking on site. Mr. Gingold noted that the proposed location for the generator seems like the best option. The Standards for the generator were then addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes The Standards for the parking pad were then addressed: 1. Yes 2. Yes (No- Mr. Gingold) 3. No (Chair Rodgers and Mr. Gingold) Yes (Ms. Berns and Ms. Dziekan - hardship is trees) 4. Yes (No - Mr. Gingold) 5. Yes 6. No (Chair Rodgers and Mr. Gingold- need for parking isn’t a hardship) Yes (Ms. Berns – hardship is the trees) 7. No (Chair Rodgers and Mr. Gingold- need for parking isn’t a hardship) Yes (Ms. Berns) Mr. Gingold motioned to recommend approval of the generator variance with the following conditions: 1. The project must be in substantial compliance of the documents and testimony on record. The motion was seconded by Ms. Cullen and recommended for approval 6-0. Ms. Berns motioned to approve the parking pad with the following conditions: 1. The project must be in substantial compliance of the documents and testimony on record. 2. The root structures of the trees be disturbed as little as possible by working with an arborist. The motion was seconded by Ms. Cullen and recommended for approval 4-2. The meeting adjourned at 8:06pm. 313 of 413 DRAFT Page 1 of 2 Preservation Commission MEETING MINUTES (EXCERPT) EVANSTON PRESERVATION COMMISSION Tuesday, January 19, 2016 7:00 P.M. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2404 Members Present: Robert Bady, Elliott Dudnik, Julie Hacker, Ken Itle, Amy Riseborough, Jack Weiss, and Diane Williams Members Absent: Sally Riessen Hunt, Tim Schmitt and Karl Vogel Staff Present: Carlos D. Ruiz Preservation Coordinator Presiding Member: Diane Williams, Chair 1. CALL TO ORDER / DECLARATION OF QUORUM With a quorum present, Chairman Williams called the meeting to order at 7:05 p.m. REGULAR MEETING 4. NEW BUSINESS A. 1140 Lake Shore Blvd (L/LSHD) – Trust 8002368034, applicant. Application for major zoning relief to relocate a generator more than 2’ from the principal structure where generators must be located within 2’ of the principal structure, and a 0.5’ street side yard setback where 4’ is required for the generator, and major zoning relief for a 2’ rear yard setback for one open parking space where 3’ is required in the R1 Single Family Residential District. Applicable standards for zoning variations: A and C. Steve Haislet, owner, presented the application. S. Haislet said that he is asking for a zoning variation for a backup generator that according to Zoning needs to be 2’ from the principal structure and 4’ from the property line. There is a large brick wall 10” thick that runs east-west [along the north property line]. The backup generator will be behind the wall. The wall runs south-north in right angle from the garage to the property line. The brick wall houses the A/C condensers. The backup generator will be placed behind the wall for dampening reasons and because it would not be necessary to apply additional landscape for screening. 314 of 413 Page 2 of 2 Preservation Commission Steve Haislet said he is asking for placing the backup generator 3’-6” rather than 4’ from the property line. The unit is 2’x3’ and it would not be seen from the public way because it would be behind the 6’ tall brick wall. Steve Haislet said the 8’x21’parking pad is off the alleyway. He wants to retain the specimen trees which are 20’ or taller, thus the location and dimensions of the proposed parking pad. S. Haislet said he will be using the same wrought iron fence to fabricate the gate to access the parking pad for parallel parking. It was motioned (J. Weiss) and seconded (E. Dudnik) to recommend to ZBA approval of the application for major zoning relief to relocate a generator more than 2’ from the principal structure where generators must be located within 2’ of the principal structure, and a 0.5’ street side yard setback where 4’ is required for the generator, and major zoning relief for a 2’ rear yard setback for one open parking space where 3’ is required in the R1 Single Family Residential District; where standards 6-15-11-5 (A) Is necessary and/or appropriate in the interest of historic conservation so as to not adversely affect the historical architecture or aesthetic integrity of the landmark or character of local historic districts; and (C) Will not be materially detrimental to the public health, safety, and welfare, or injurious to property in the district or vicinity where the property is located, apply. The motion passed unanimously. Vote: 7 ayes, 0 nays. Respectfully Submitted, Carlos D. Ruiz Preservation Coordinator, Community Development Department 315 of 413 316 of 413 For City Council meeting of February 22, 2016 Item P6 Ordinance 16-O-16: 831 Emerson Street Planned Development For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Department Damir Latinovic, Planning and Zoning Administrator Subject: Ordinance 16-O-16 Planned Development, 831 Emerson St, 15PLND-0092 Date: February 17, 2016 Recommended Action: The Plan Commission and staff recommend adoption of Ordinance 16-O-16 for approval of the Planned Development with rezoning from C1 Commercial and R5- General Residential to C1a Commercial Mixed use and Special use for a convenience store. The 12-story 260-unit residential building (440 bedrooms) would include 3,300 square feet of ground floor commercial space and 145 parking spaces on site. Staff, however, does not agree with the total number of public benefits proposed by the applicant and included in the Ordinance. Specifically, staff is recommending: • To increase the requirement for affordable housing fee-in-lieu contribution from $500,000 to $1,000,000 • Require the applicant to provide $250,000 contribution towards traffic signal improvements along Emerson Street • Provide improvements (or a fee-in-lieu contribution) to the streetscape lighting for pedestrians and vehicles along Emerson Street • Provide improvements to the CTA underpass and • Provide installation of public art elements. Additionally, staff will continue to work with the applicant on the design of the building throughout the approval process. Since the Plan Commission meeting on January 13, 2016, the applicant has submitted revised plans with reduced number of units from 267 to 260 units (bedroom count reduced from 447 to 440) which are included in the Ordinance. Staff has requested the applicant also provide updated renderings of the building prior to P&D meeting. If the project is approved, final Design and Project Review (DAPR) approval and issuance of the building permit will not be granted until there is agreement between staff and the applicant regarding building elevations. Memorandum 317 of 413 The development includes 8 site development allowances for: number of dwelling units (260 units proposed where maximum 121 are allowed by Code), building height (126 feet proposed where maximum 67 is allowed by Code), floor area ratio (5.16 proposed where maximum 4.0 is allowed by Code), number of parking spaces (145 spaces proposed where 387 are required by Code), 2-foot rear yard setback for open parking along the north property line where minimum 10 feet is required, 0-foot side yard setback for open parking along the east property line where minimum 10 feet is required, two-foot landscaping buffer along the rear (north) property line where minimum 10-foot landscape buffer is required and reduced dimensions for several parking spaces to no less than 8 feet wide and 16 feet long where minimum 8.5 feet x 18 feet parking stall dimensions are required by Code. 831 Emerson Street Proposed Planned Development - South Elevation Update since the P&D Committee meeting on 02/08/2016 The P&D Committee received public comment during the February 8, 2016 meeting and held the matter in committee to allow the applicant additional time to meet with the representatives of Sherman Gardens Co-op and residents from the Fireman Park neighborhood. The applicant has indicated a meeting with the Sherman Gardens Co-op representatives is scheduled for Saturday February 20, 2016 and will provide an update at the P&D Committee meeting. The meeting with residents from the Fireman Park was determined not to be necessary and was not held. Staff has also received additional emails and letters of support and objections regarding the project from the residents which are included in the packet. 318 of 413 Background The 0.97-acre property, commonly known as 831 Emerson Street, is improved with a two-story commercial building and a 57-space open parking lot. The uses surrounding the site include an 11-story multiple-family senior residential building (Perlman Apartments) owned by the Cook Co. Housing Authority adjacent to the east and CTA railroad right-of-way adjacent to the west. The parking lot located immediately to the north is owned and serves the Sherman Gardens Co-op residential development that is located to the south of the site. A one-story commercial bank with a drive-through use is also located directly to the south. Site Layout The proposed building is divided into three portions: the tallest 12-story portion (126 feet tall) is located along the west side of the property next to the CTA railroad tracks. The shortest portion, 9-stories (95.25 feet tall), is located along the east end of the property next to the 16-foot wide public alley. The 11-story (114.75-foot tall) middle portion of the building connects the other two near the center of the site. The building meets all required setbacks. The rear portion of the site is devoted to an open parking lot (33 spaces) that is partially covered by the building. One level of underground parking (101 spaces) and two car- share spaces bring the total amount of on-site parking spaces to 145. Of that, nine parking spaces on the west end of the site closest to Emerson Street will be devoted for the commercial tenant and two parallel parking spaces next to the alley will be devoted for car-share vehicles (i.e. Zipcars or I-Go cars or similar). The vehicular access to the site will be provided in two locations; a two-way drive-aisle from the alley and a two-way drive-aisle from Emerson Street next to the railroad tracks where the current access driveway exists. The property next to the railroad tracks is part of the CTA right-of-way for which the current property owner has access rights and the applicant is working on securing the same use rights. The applicant will install an eight-foot wide public sidewalk with seven new street trees along Emerson Street. The applicant is also proposing a new 5-foot wide public sidewalk on the east end of the property along the alley to improve access from Emerson Street to the parking lot adjacent to the north. 319 of 413 831 Emerson Street, First Floor Plan Compliance with the Zoning Ordinance Rezoning The applicant is requesting rezoning of the property from C1, Commercial and R5, General Residential, to C1a, Commercial Mixed-use. Unlike the C1, Commercial district, the proposed C1a, Commercial Mixed-use district allows residential dwellings above the ground floor. There is one other C1a, Commercial Mixed-use district in the City located along Chicago Avenue near the Main Street Metra and CTA stations. Special Use The applicant is requesting Special Use approval for a 3,300 square foot convenience store on the ground floor. A convenience store is allowed as a Special Use in the C1a district. The existing 7-11 convenience store is expected to occupy the space. Planned Development The applicant is also requesting Special Use approval for a Planned Development to construct the 12-story (126-foot high) multiple-family building with 260 dwelling units, 3,300-square foot commercial area and 145 parking spaces. The applicant is requesting approval of eight site development allowances: 320 of 413 831 Emerson St. Site Development Allowances Required / Max. Permitted Site Development Allowance Proposed Lot Size (# of dwelling units) 121 (350 sq. ft. /DU) +48 (40%)=169 260 Approval by 2/3 (supermajority of the City Council required) Building Height 67 ft. +30 ft. = 97 ft. 126 ft. Approval by 2/3 (supermajority of the City Council required) FAR 4 +1.5 = 5.5 5.16 # of parking spaces 389 N/A 199 total (145 on-site, 54 off site – Maple Ave garage) 0.76 parking/unit ratio Rear (north) setback for open parking 10 ft. N/A 2 ft. Side (east) setback for open parking 10 ft. N/A 0 ft. Landscape buffer along the north property line abutting residential district 10 ft. wide N/A 2 ft. Parking Space Dimensions 8.5 ft. x 18 ft. N/A 8 ft. x 16 ft. min. Parking and Traffic Based on the number and type of dwelling units proposed (67 studio units, 66 one- bedroom units, 74 two-bedroom units and 53 three-bedroom units) and 3,300-square foot commercial space, the proposed building is required to have a total of 387 parking spaces. The applicant is proposing a total of 199 parking spaces (0.7 per dwelling unit) for the proposed development. Of that, 145 parking spaces will be provided on site including two car-share spaces. The remaining 54 spaces would be leased from the City-owned Maple Avenue parking garage. Average daily occupancy at the Maple Avenue garage (1400 parking spaces total) is 50%. Currently approximately 964 parking spaces are under lease agreements. The Parking and Traffic Study submitted by the applicant concludes that the proposed parking arrangement will meet the parking demand of the building tenants. The building will be targeted to Northwestern University students who are expected to walk or bike to 321 of 413 the campus and is also located in close proximity to the transit stops and multiple bus lines. In addition, the applicant has submitted unit counts and parking occupancy ratios of similar student-oriented developments from comparable communities across the country, including, Ann Arbor, MI, Seattle, WA, College Park, MD and Madison, WI. The average parking to unit ratio across the ten other similar developments listed in the Market Analysis Report is 0.38. With the available parking spaces on site and those leased at the Maple Avenue parking garage, the proposed building will have 0.7 parking to unit ratio. The proposed Ordinance also includes a condition that the residents of the development would not be eligible for residential on-street parking permits in the area. The Traffic Study submitted also provides an analysis of the existing traffic conditions and assesses the impact of the proposed development on the existing road network. The Study indicates that all surrounding streets will continue to operate at acceptable levels of service due to the minimal addition of new traffic based on building residents. Staff, however, still recommends including a condition for a financial contribution towards comprehensive traffic signal improvements along Emerson Street as a public benefit of the project as indicated below. Public Benefits The proposed development will replace an underutilized two-story commercial building and generate additional property tax to the community. The applicant has committed, and the Ordinance includes the following public benefits as part of the Planned Development proposal: 1. A contribution towards City’s Affordable Housing Fund in the amount of $500,000 (19% of Inclusionary Housing Ordinance (IHO) requirement for a development of this size). Staff recommends requiring $1,000,000 contribution (38% of IHO requirement for a development of this size). 2. Divvy Sponsorship in the amount of $56,000. 3. Leasing of 54 off-site parking spaces from the City-owned Maple Ave. garage. ($55,080 annually) 4. Resurfacing of the alley to the east adjacent to the property. 5. Incorporation of two-car share spaces on the site. 6. Installation of four electric vehicle charging stations on the site. 7. Hiring of minimum of 10 with a goal of 15 Evanston residents during construction. 8. Minimum LEED Silver certification (required by Green Building Ordinance) 9. Streetscape improvements along Emerson Street. 10. Environmental clean-up of a contaminated site. 11. Street crosswalk improvements in the vicinity of the site. Staff also recommends requiring the following public benefits be added to the Ordinance: 322 of 413 12. $250,000 contribution towards modernization of traffic signals along Emerson Street 13. Improvements to the streetscape lighting for pedestrians and vehicles. 14. Improvements to the CTA underpass. 15. Installation of public art elements. Petition Against Rezoning of the Property Per Zoning Ordinance, Section 6-3-4-7, if a written protest (petition) against the proposed rezoning request is submitted prior to the close of a Plan Commission hearing, and is signed and acknowledged by 30% of the property owners within 500 feet of the boundary of the property to be rezoned, the approval of the proposed rezoning request requires a favorable vote of 3/4 of all the Aldermen. The City received a petition against the proposed rezoning of the property during the Plan Commission public hearing process. Staff reviewed the petition documents and determined that the petition is signed by 18% of property owners located within 500 feet of the proposed development. As such, the petition did not reach the 30% threshold required under the Code. Accordingly, pursuant to Section 6-3-6-6 of the Zoning Ordinance, approval of the modification shall require a favorable vote of two-thirds (2/3) of the aldermen elected to the City Council (6 votes). Standards of Approval The proposed development meets the standards for approval of Zoning Ordinance Map Amendment (rezoning) in Section 6-3-4-5, standards for Special Use in Section 6-3-5- 10, the Standard for Planned Developments in Section 6-3-6-9 and standards and guidelines established for Planned Developments in the C1a, Commercial Mixed-Use District. (Section 6-10-1-9) Staff will continue to work with the applicant on the design of the building throughout the approval process. Staff has requested the applicant provide updated renderings of the building prior to P&D meeting. If the project is approved, final Design and Project Review (DAPR) approval and issuance of the building permit will not be granted until there is agreement between staff and the applicant regarding building elevations. The proposed rezoning of the property into a mixed-use commercial district to accommodate a mixed-use development is consistent with the Comprehensive General Plan. The proposal is consistent with the vision and goals of the Plan for redevelopment of underutilized properties with uses compatible with surrounding neighborhood. The Plan also calls for higher density of residential development on the outskirts of the downtown and near transit stops. The eight proposed site development allowances are necessary for a desirable redevelopment of the site with significant public benefits. The proposed development will not have an adverse effect on the value of adjacent properties. There are adequate public utility services and infrastructure available adjacent to the property. The proposal will not cause undue traffic congestion. The access to the rear parking lot will be provided via the alley and an existing driveway access adjacent to the railroad 323 of 413 tracks. The applicant will close one existing curb cut on Emerson Street. The applicant is also proposing a new public sidewalk on the subject property adjacent to the alley that will improve the access from Emerson Street to the private parking lot north of the site. The loading docks and parking for the commercial use are located adjacent to the railroad tracks and away from Sherman Gardens and Pearlman Apartments buildings to minimize adverse effects on adjacent residential uses. The proposed development is compatible with other similar developments in the area and is not of such nature in height, bulk and scale to exercise any influence contrary to the purpose and intent of the Zoning Ordinance. Legislative History January 11, 2016 – The Plan Commission unanimously recommended approval of the proposed Planned Development with conditions outlined in the staff report memo dated January 8, 2016 and incorporated into the Ordinance. December 09, 2015 – The Plan Commission opened the public hearing and heard testimony by the applicant and general public. November 18, 2015 –The Design and Project Review Committee (DAPR) Committee recommended unanimous approval of the proposed development subject to the one condition that the 14-story building height be reduced. Attachments Proposed Ordinance 16-O-16 Emails and Letters Submitted after P&D meeting on 02/08/2016 Documents submitted during and after the January 13, 2016 Plan Commission meeting Plan Commission Meeting Minutes 01/13/2016 and 12/09/2015 Link to Plan Commission Packet for 01/13/2016 http://www.cityofevanston.org/assets/pc-packet-20160113.pdf 324 of 413 1/28/2016 16-O-16 AN ORDINANCE Granting Special Use Approval for a Planned Development and Special Use Approval for a Convenience Store Located at 831 Emerson Street and Amending the Zoning Map to Re-Zone Certain Properties from the C1 Commercial Zoning District and R5 General Residential Zoning District to the C1a Commercial Mixed Use District WHEREAS, the City of Evanston is a home-rule municipality pursuant to Article VII of the Illinois Constitution of 1970; and WHEREAS, as a home rule unit of government, the City has the authority to adopt ordinances and to promulgate rules and regulations that protect the public health, safety, and welfare of its residents; and WHEREAS, Article VII, Section (6)a of the Illinois Constitution of 1970, states that the “powers and functions of home rule units shall be construed liberally,” was written “with the intention that home rule units be given the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164, 174-75 (1992)); and WHEREAS, it is a well-established proposition under all applicable case law that the power to regulate land use through zoning regulations is a legitimate means of promoting the public health, safety, and welfare; and WHEREAS, Division 13 of the Illinois Municipal Code (65 ILCS 5/11-13-1, et seq.) grants each municipality the power to establish zoning regulations; and WHEREAS, pursuant to its home rule authority and the Illinois Municipal Code, the City has adopted a set of zoning regulations, set forth in Title 6 of the Evanston City Code of 2012, as amended, (“the Zoning Ordinance”); and 325 of 413 16-O-16 ~2~ WHEREAS, CA/Focus Evanston JV, LLC (“Applicant”), the Applicant for the proposed development located at 831 Emerson Street, Evanston, Illinois (the “Subject Property”), legally described in Exhibit A, which is attached hereto and incorporated herein by reference, applied, pursuant to the provisions of the Zoning Ordinance, specifically Section 6-7-2, “Zoning Map,” 6-3-5, “Special Uses,” Section 6-3- 6, “Planned Developments,” and Subsection 6-10-1-9, “Planned Developments” in Commercial Zoning Districts, to place certain properties within the C1a Commercial Mixed Use Zoning District (“C1a District”) and permit the construction and operation of a Planned Development with a Convenience Store and accessory parking located at the Subject Property in the C1a District; and WHEREAS, the Applicant sought approval to re-zone the Subject Property from the current C1 Commercial and R5 General Residential Zoning Districts to the proposed C1a Commercial Mixed-Use Zoning District; and WHEREAS, the Applicant sought approval to construct a new twelve (12) -story one hundred twenty-six (126) feet tall mixed-use building consisting of up to two hundred sixty (260) dwelling units, with a floor area ratio of approximately 5.16, approximately three thousand, three hundred (3,300) gross square feet of commercial space, one hundred forty-five (145) open on-site parking spaces, two (2) foot rear yard setback for open parking along the north property line, zero (0) foot side yard setback for open parking along the east property line, two (2) foot landscape buffer along the rear (north) property line, and reduced dimensions of no less than eight (8) feet by sixteen (16) feet for parking spaces; and 326 of 413 16-O-16 ~3~ WHEREAS, construction of the Planned Development, as proposed in the application, requires exception from the strict application of the Zoning Ordinance with regards to the number of dwelling units, building height, floor area ratio, number of parking spaces, rear yard setback from the north property line for open parking, side yard setback for the east property line for open parking, landscape buffer along the north property line and parking space dimension requirements; and WHEREAS, pursuant to Subsection 6-3-6-5 of the Zoning Ordinance, the City Council may grant Site Development Allowances from the normal district regulations established in the Zoning Ordinance; and WHEREAS, on December 9, 2015 and January 13, 2016, in compliance with the provisions of the Illinois Open Meetings Act (5 ILCS 120/1 et seq.) and the Zoning Ordinance, the Plan Commission held a public hearing on the application for Special Use Approval for a Planned Development with a Convenience Store and Rezoning from C1 and R5 Zoning Districts to C1a Zoning District, case no. 15PLND- 0092, heard extensive testimony and public comment, received other evidence, and made written minutes, findings, and recommendations; and WHEREAS, the Plan Commission’s written findings state that the application meets applicable standards set forth for Special Uses in Subsection 6-3-5-10 of the Zoning Ordinance and Planned Developments in the C1a Commercial Mixed-Use District per Subsection 6-10-1-9 of the Zoning Ordinance and Map Amendments per Subsection 6-3-4-5 of the Zoning Ordinance; and WHEREAS, on January 13, 2016, the Plan Commission recommended the City Council approve the application with conditions; and 327 of 413 16-O-16 ~4~ WHEREAS, on February 8, 2016, the Planning and Development (“P&D”) Committee of the City Council held a meeting, in compliance with the provisions of the Open Meetings Act and the Zoning Ordinance, received input from the public, carefully considered and adopted the findings and recommendations of the Plan Commission, and recommended approval thereof by the City Council; and WHEREAS, at its meetings on February 8, 2016 and February 22, 2016, held in compliance with the Open Meetings Act and the Zoning Ordinance, the City Council considered the recommendation of the P&D Committee, received additional public comment, made certain findings, and adopted said recommendation; and WHEREAS, it is well-settled law that the legislative judgment of the City Council must be considered presumptively valid (see Glenview State Bank v. Village of Deerfield, 213 Ill.App.3d 747) and is not subject to courtroom fact-finding (see National Paint & Coating Ass’n v. City of Chicago, 45 F.3d 1124), NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as facts and incorporated herein by reference. SECTION 2: The City Council hereby amends the Zoning Map to remove those properties with the addresses and PINs listed in Exhibit B and identified in Exhibit C, both attached hereto and incorporated herein by reference, from the C1 Commercial and the R5 General Residential Districts and place them within the C1a Commercial Mixed-Use District. 328 of 413 16-O-16 ~5~ SECTION 2: Pursuant to the terms and conditions of this ordinance, the City Council hereby grants the Special Use Approval applied for in case no. 15PLND- 0092, to allow construction and operation of the Planned Development with a Convenience Store for a twelve (12) -story one hundred twenty-six (126) foot tall mixed- use building consisting of up to two hundred sixty (260) dwelling units, with a floor area ratio of approximately 5.16, approximately three thousand, three hundred (3,300) gross square footage of commercial space, one hundred forty-five (145) open on-site parking spaces, two (2) foot rear yard setback for open parking along the north property line, zero (0) foot side yard setback for open parking along the east property line, two (2) foot landscape buffer along the rear (north) property line, and reduced dimensions of no less than eight (8) by sixteen (16) feet for parking spaces. SECTION 3: The City Council hereby grants the following Site Development Allowances: (A) Number of Dwelling Units: A Site Development Allowance is hereby granted for two hundred sixty (260) residential dwelling units, whereas subsection 6-10-3- 4(B) of the Zoning Ordinance allows for a maximum of one hundred twenty-one (121) residential dwelling units in the C1a District. (B) Height: A Site Development Allowance is hereby granted for a building height of one hundred twenty-six (126) feet, whereas subsection 6-10-3-9 of the Zoning Ordinance allows for a maximum building height of sixty-seven (67) feet in the C1a District. (C) Floor Area Ratio (“FAR”): A Site Development Allowance is hereby granted for an FAR of 5.16, whereas subsection 6-10-3-7 of the Zoning Ordinance requires a maximum FAR of 4 in the C1a District. (D) Number of Parking Spaces: A Site Development Allowance is hereby granted for a total of one hundred ninety-nine (199) parking spaces, of which one hundred forty-five (145) shall be on-site parking spaces and fifty-four (54) shall be off-site located at the Maple Avenue Garage, whereas subsection 6-16-3-4 of the Zoning Ordinance requires a minimum of three hundred eighty-nine (389) parking spaces for the proposed Planned Development in the C1a District. 329 of 413 16-O-16 ~6~ (E) Rear Yard Setback for Open Parking Along the North Property Line: A Site Development Allowance is hereby granted for a rear (north) yard setback of two (2) feet, whereas subsection 6-10-2-8(D) of the Zoning Ordinance requires a rear yard setback of ten (10) feet when abutting a residential district. (F) Side Yard Setback for Open Parking Along the East Property Line: A Site Development Allowance is hereby granted for a side yard setback of zero (0) feet, whereas subsection 6-10-2-8(C) of the Zoning Ordinance requires a side yard setback of ten (10) feet when abutting a residential district. (G) Landscape Buffer Along the North Property Line: A Site Development Allowance is hereby granted for a landscape buffer along the north property line two (2) feet wide, whereas subsection 6-10-1-6 of the Zoning Ordinance requires a landscape buffer ten (10) feet wide when abutting a residential district. (H) Size of Parking Stalls: A Site Development Allowance is hereby granted for reduced dimensions for parking spaces of no less than eight (8) feet by sixteen (16) feet, whereas subsection 6-16-12-4 of the Zoning Ordinance requires the size of parking stalls to be eight and a half (8.5) wide by eighteen (18) feet long. SECTION 4: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council imposes the following conditions on the Special Use Approval granted hereby, which may be amended by future ordinance(s), and violation of any of which shall constitute grounds for penalties or revocation of said Special Use Permit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: (A) Compliance with Applicable Requirements: The Applicant shall develop and operate the Planned Development authorized by the terms of this ordinance in substantial compliance with the following: the terms of this ordinance; the Site and Landscape Plans in Exhibit D and E, attached hereto and incorporated herein by reference; all applicable City Code requirements; the Applicant’s testimony and representations to the Design and Project Review Committee, the Plan Commission, the P&D Committee, and the City Council; and the approved documents on file in this case. (B) Change in Use: Any change in use of the property, except change in occupancy of the commercial space by one or more uses permitted in the C1a Commercial Mixed-Use District, must be approved as an amendment to the Planned Development 330 of 413 16-O-16 ~7~ (C) Construction Management Plan: The Applicant shall sign and agree to a Construction Management Plan (CMP) with the City of Evanston prior to issuance of the Building Permit. The CMP shall include but is not limited to the following: construction staging plan, on-street and on-site construction parking restrictions, hours of operation, a plan including cross sections showing pedestrian access around the site with the use of curb ramps, signage and/or striping, if necessary, foundation survey of surrounding structures including weekly reporting of seismographs for the duration of construction, submittal of environmental testing report prior to construction, visibility diagram for all construction site access points, proposed schedule for street opening for utility connections with cross section details, and project updates via monthly newsletter and project website. (D) Building Resident Parking Permits: Building residents shall not be eligible for residential on-street parking permits. (E) Landscaping on Emerson Street: Applicant must install and maintain the landscaping materials in the southwest portion of the Subject Property to screen the view of the closest parking space from Emerson Street, as depicted in Exhibit C. (F) Lighting on Emerson Street: The Applicant shall install pedestrian lighting along Emerson Street adjacent to the building. (G) Traffic Study: The Applicant shall submit a traffic study within one year after issuance of the final Certificate of Occupancy for the building, analyzing the turning movements at the western access drive, including analysis of any traffic incidents adjacent to the Subject Property. Upon review of the Applicant’s submitted traffic study, the City reserves the right to restrict movement in or out of the proposed western access drive. (H) Environmental Clean-Up of Any Contaminations: The Applicant shall remove and remedy any contaminations located on the Subject Property in accordance with the Illinois Environmental Protection Agency. (I) Illinois Environmental Protection Agency Approval: The Applicant shall submit an approval letter from the Illinois Environmental Protection Agency prior to the issuance of the Final Certificate of Occupancy. Said letter must explicitly state that any and all environmental contamination on the Subject Property has been remedied and/or removed. (J) Delivery Hours for the On-Site Commercial Use: Delivery hours for the on- site commercial use is prohibited between the hours of 7:00 a.m. to 9:00 a.m. and between the hours between 4:00 p.m. and 6:00 p.m. on any given Monday through Friday. (K) CTA Access Agreement: The Applicant shall provide an executed copy of the access agreement between the CTA and the Applicant for the use of the CTA 331 of 413 16-O-16 ~8~ property adjacent to the railroad tracks prior to the issuance of the building permit. (L) Tax-Exempt Covenant: From and after construction of the Planned Development, and continuing for so long as the Planned Development exists, the Applicant and any successors, owners, and operators shall not file or cause to be filed, any petition, complaint and/or application with Cook County or the State of Illinois that would exempt any portion of the Subject Property from any obligation in whole or in part, to pay real estate taxes. The Applicant and any successors, owners, and operators have an affirmative obligation to pay real estate taxes on the Subject Property, as defined herein. The obligation to pay taxes is based on the then-current assessment rate applicable to mixed-use commercial and residential facilities located in Cook County. In the event a change in current law has the effect of exempting the Applicant and any successors, owners, and operators from the payment of real estate taxes on the basis of a not-for-profit or charitable facility status, the Applicant and any successors, owners, and operators shall make annual payments in lieu of real estate taxes only to the City, School District 65, and Evanston Township High School District 202 in an amount equal to the real estate taxes that the Applicant and any successors, owners, and operators would pay only to such taxing districts if the Applicant and any successors, owners, and operators were not then so treated as an exempt not-for-profit or charitable facility. The obligation of the Applicant and any successors, owners, and operators to pay real estate taxes on the Subject Property shall commence upon completion of the Subject Property Improvements. It is expressly acknowledged that nothing herein shall be construed to preclude the Applicant and any successors, owners, and operators, and/or individuals residing on the Subject Property, as applicable, from seeking and/or filing a value assessment complaint, or a senior citizen exemption, a homeowner’s exemption and/or any such other partial exemption that is available to individual unit occupants under the laws of Illinois. The Applicant shall record a covenant against the Subject Property, which shall be in a form acceptable to and enforceable by the City, reflecting the terms and provisions of this Section. Said covenant shall provide that prior written approval of two-thirds (2/3s) of the Aldermen elected to the City Council is required for release of any and all provisions thereof. (M) Affordable Housing Contribution: The Applicant shall pay a one-time contribution of five hundred thousand dollars ($500,000) to the City’s Affordable Housing Fund. The contribution will be made in two (2) equal installments. The first installment shall be made within ten (10) business days of the issuance of the Final Certificate of Occupancy (FCO) and the second installment shall be made within one (1) year of the FCO issuance date. (N) Divvy Sponsorship: The Applicant shall pay a one-time Divvy sponsorship contribution in the amount of fifty six thousand dollars ($56,000) prior to issuance of the full Building Permit 332 of 413 16-O-16 ~9~ (O) Parking Lease: The Applicant must agree and sign a long-term parking lease agreement with the City of Evanston to lease fifty-four (54) parking spaces based on the standard current monthly parking fee from the Maple Avenue Parking garage located at 1800 Maple Avenue. The lease agreement will mandate that the Applicant pay any increases in the rental rate structure through the term of the lease agreement. The long-term lease agreement shall initially be set for a minimum period of twenty five (25) years. Following the expiration of the twenty five (25) year anniversary of the parking lease agreement, the agreement can be modified every five years thereafter but not before. Any amendments to the number of parking spaces leased from the City of Evanston or any other amendments to the lease agreement, including term extensions, shall be approved by the City Council as an amendment to the parking lease agreement. The Applicant must hold a valid long-term parking lease agreement with the City of Evanston for the lifetime of the project unless this condition is amended by the City Council of the City of Evanston as an amendment to the Planned Development. (P) Alley Resurfacing: The Applicant shall resurface the alley to the east adjacent to the Subject Property. (Q) On-Site Car Share Spaces: Two on-site car share spaces must be available through an arrangement with a common third party commercial car-share company. (R) On-Site Electric Charging Stations: Four on-site electric charging stations must be installed. (S) City of Evanston Employment: The Applicant agrees to employ at least ten (10) Evanston residents, with a goal of fifteen (15) Evanston residents, during construction. (T) LEED Silver Certification: The Applicant agrees to comply with the City of Evanston Green Building Ordinance and obtain a LEED Silver Certification Rating or higher for the Planned Development on the Subject Property. (U) Streetscape Improvements: The Applicant shall construct the streetscape improvements inclusive of new street trees along Emerson Street per proposed development plans and landscape plans in Exhibit B and Exhibit C. (V) Street Crosswalk Improvements: The Applicant shall install the following crosswalks: (1) the south side of the intersection of Emerson Street and Benson Avenue; (2) all sides of the intersection of Elgin Road and Benson Avenue; (3) all sides of the intersection of Sherman Avenue and Emerson Street; (4) all sides of the intersection of Maple Avenue and Emerson Street; and (5) the north side 333 of 413 16-O-16 ~10~ of the intersection of Emerson Street and public alley located immediately adjacent to and east of the subject property. (W) Landscape Design: The Applicant shall install and maintain all landscaping materials as depicted in Exhibit E. (X) Construction Schedule: Pursuant to Subsection 6-11-1-10(A)4 of the Zoning Ordinance, the Applicant shall obtain a building permit within twelve (12) months of the passing of this Ordinance. Additionally, the Applicant must complete the construction of this Planned Development within twenty-four (24) months from the date the Applicant receives its building permit. (Y) Recordation: Pursuant to Subsection 6-3-6-10 of the Zoning Ordinance, the Applicant shall, at its cost, record a certified copy of this ordinance, including all exhibits attached hereto, with the Cook County Recorder of Deeds, and provide proof of such recordation to the City, before the City may issue any permits pursuant to the Planned Development authorized by the terms of this ordinance. SECTION 5: When necessary to effectuate the terms, conditions, a nd purposes of this ordinance, “Applicant” shall be read as “Applicant’s tenants, agents, assigns, and successors in interest.” SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 7: Except as otherwise provided for in this ordinance, all applicable regulations of the Zoning Ordinance and the entire City Code shall apply to the Subject Property and remain in full force and effect with respect to the use and development of the same. To the extent that the terms and provisions of any of said documents conflict with the terms herein, this ordinance shall govern and control. SECTION 8: All ordinances or parts of ordinances that are in conflict with the terms of this ordinance are hereby repealed. SECTION 9: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect 334 of 413 16-O-16 ~11~ without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 10: The findings and recitals herein are hereby declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2016 Adopted:___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 335 of 413 16-O-16 ~12~ EXHIBIT A Legal Description Parcel 1: LOT 11 IN PAUL PRATT'S ADDITION TO EVANSTON, SAID ADDITION BEING A SUBDIVISION OF THE SOUTHWEST 8 1/2 ACRES OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. Parcel 2: LOT 10 (EXCEPT THE WEST 40.0 FEET THEREOF) IN PAUL PRATT'S ADDITION TO EVANSTON, BEING A SUBDIVISION OF THE SOUTHWEST 8 1/2 ACRES OF THE SOUTH 1/2 OF THE NORTHEAST ¼ OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. Parcel 3: THE SOUTH 25.30 FEET OF LOT 14 IN HUSE AND POWER'S ADDITION TO EVANSTON IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. Parcel 4A: THAT PART OF THE NORTH 24.70 FEET OF LOT 14 IN HUSE AND POWER'S ADDITION TO EVANSTON IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTH 24.70 FEET OF LOT 14 OF HUSE AND POWER'S ADDITION; THENCE WEST PARALLEL WITH THE NORTH LINE OF SAID LOT 14, 30.09 FEET TO THE EAST LINE OF LOT 12 IN PAUL PRATT'S ADDITION; THENCE SOUTH 0.77 FEET TO THE SOUTHEAST CORNER OF SAID LOT 12 IN PAUL PRATT'S ADDITION; THENCE WEST ON THE SOUTH LINE OF LOTS 12 AND 13 OF PAUL PRATT'S ADDITION TO A POINT 15.0 FEET EAST OF THE SOUTHWEST CORNER OF LOT 13; THENCE NORTHWESTERLY 19.12 FEET TO A POINT 13.34 FEET EAST OF THE WEST LINE OF SAID LOT 13 AND 19.05 FEET NORTH OF THE SOUTH LINE OF SAID LOT 13; THENCE EASTERLY IN A STRAIGHT LINE TO A POINT ON THE EAST LINE OF LOT 14 IN HUSE AND POWER'S ADDITION, WHICH POINT IS 19.04 FEET NORTH OF THE SOUTH LINE OF THE NORTH 24.70 FEET OF LOT 14 OF SAID HUSE AND POWER'S ADDITION' THENCE SOUTH ON THE EAST LINE OF SAID LOT 14 OF HUSE AND POWER'S ADDITION, 19.04 FEET TO THE PLACE OF BEGINNING. Parcel 4B: 336 of 413 16-O-16 ~13~ THAT PART OF LOTS 12 AND 13 IN PAUL PRATT'S ADDITION TO EVANSTON, A SUBDIVISION OF THE SOUTHWEST 8 1/2 ACRES OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTH 24.70 FEET OF LOT 14 OF HUSE AND POWER'S ADDITION; THENCE WEST PARALLEL WITH THE NORTH LINE OF SAID LOT 14, 30.9 FEET TO THE EAST LINE OF LOT 12 IN PAUL PRATT'S ADDITION; THENCE SOUTH 0.77 FEET TO THE SOUTHEAST CORNER OF SAID LOT 12 IN PAUL PRATT'S ADDITION; THENCE WEST ON THE SOUTH LINE OF LOTS 12 AND 13 OF PAUL PRATT'S ADDITION TO A POINT 15.0 FEET EAST OF THE SOUTHWEST CORNER OF LOT 13; THENCE NORTHWESTERLY 19.12 FEET TO A POINT 13.34 FEET EAST OF THE WEST LINE OF SAID LOT 13 AND 19.05 FEET NORTH OF THE SOUTH LINE OF SAID LOT 13; THENCE EASTERLY IN A STRAIGHT LINE TO A POINT ON THE EAST LINE OF LOT 14 OF HUSE AND POWER'S ADDITION WHICH POINT IS 19.04 FEET NORTH OF THE SOUTH LINE OF THE NORTH 24.70 FEET OF LOT 14 OF SAID HUSE AND POWER'S ADDITION; THENCE SOUTH ON THE EAST LINE OF SAID LOT 14 OF HUSE AND POWER'S ADDITION, 19.04 FEET TO THE PLACE OF BEGINNING. Parcel 5: LOT 13 IN HUSE AND POWER'S ADDITION TO EVANSTON, A SUBDIVISION OF LOT 7 OF ASSESSOR'S DIVISION OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PINs: 11-18-109-062-0000 11-18-109-064-0000 11-18-109-053-0000 11-18-109-052-0000 11-18-109-020-0000 11-18-109-019-0000 11-18-109-018-0000 11-18-109-043-0000 COMMONLY KNOWN AS: 815 - 821 Emerson Street, Evanston, IL 60201 337 of 413 16-O-16 ~14~ EXHIBIT B Addresses and PINs of Properties Removed from the C1 Commercial and R5 General Residential Districts and Placed Within the C1a Commercial Mixed-Use District Commonly Known As: 815 - 821 Emerson Street PINs: 11-18-109-062-0000 11-18-109-064-0000 11-18-109-053-0000 11-18-109-052-0000 11-18-109-020-0000 11-18-109-019-0000 11-18-109-018-0000 11-18-109-043-0000 338 of 413 16-O-16 ~15~ EXHIBIT C Map of Properties Removed from the C1 Commercial and R5 General Residential Districts and Placed Within the C1a Commercial Mixed-Use District 339 of 413 8178218158238241862 1864 R5 C1 C1a R6 R6 RP D4 Elg i n R d Emerson St Benson AveProposed Zoning Change815-823 Emerson - C1 & R5 to C1a Tax Parcel Structure Footprint Curbline 0 25 50 Feet ´ This map is provided "as is" without warranties of any kind.See www.cityofevanston.org/mapdisclaimers.html for more information.EmersonSt815-823_C1R5toC1a.mxd1/27/2016340 of 413 16-O-16 ~16~ EXHIBIT D Development Plans 341 of 413 © 2016 bKL Architecture LLC831 EMERSON ST EVANSTON, IL 2016.01.05 Project No: 15012 CITY OF EVANSTON PLANNED DEVELOPMENT ZONING MAP - SPECIAL USE APPLICATION Site Plan Aerial1 0 10 20 40 80 G100 EMERSON ST.ALLEYSHERMAN AVE.CAT PURPLE LINEBENSON AVE.E L G I N R D .MAPLE AVE.831 EMERSON PROPERTY SIZE 42,331.40 SF 342 of 413 020104050708101106A4BDEFG03D5E1C9C4AE2D4B12.1CALLEY33 RESIDENTIALPARKING SPACES9 RETAIL PARKINGSPACESSPEED RAMP DOWNLINE OF BUILDING ABOVELOADING0101 028' - 0" SETBACK180' - 11 5/8"133' - 2 1/2"58' - 0 1/4"03 04 05 060708 09 10 11 12 13 14 15 16 17 18 1921222426272829302302040506030708CAR SHAREPARKING SPACESLINE OF ROOF ABOVE10' - 0" SETBACK82' - 11 7/8"18' - 0"18' - 0"18' - 0"27' - 8"27' - 8"27' - 8"18' - 0"18' - 0"18' - 0"30' - 0"60' - 0"30' - 0"30' - 0"17' - 9 1/8"PURPLE LINE31EMERSON STREET195' - 0 1/8"BENSON AVE.253332096' - 0"6' - 0"REQUIRED BUILDINGSETBACKPROPOSEDPARKING SETBACKAT GRADE(REQUIRED: 10'-0")PROPOSEDBUILDING SETBACK(REQUIRED: NA)REQUIREDPARKING SETBACKAT GRADETWO WAY GARAGE ACCESSTWO WAYGARAGE ACCESSLOADING DOCKENTRY5' - 0"8' - 0"EXIT PATHWAYFROM FIRE STAIRMAIN ENTRANCETRANSFORMERSPADSEXIT PATHWAYFROM FIRE STAIRUNCOVEREDPARKINGCTA EASEMENTPUBLIC ALLEYLINE OF BUILDINGABOVE4 BIKE RACKS(8 TOTAL)4 BIKE RACKS(8 TOTAL)NEW BRICK PAVER BAND, REFLANDSCAPE AND CIVIL DWGS.OUTDOOR LOUNGE SPACE WITH18" HIGH SEATING WALL, REF.LANDSCAPE DWGS.NOTE:SEE CIVIL & LANDSCAPE DRAWINGSFOR ADDITIONAL SITE INFORMATION(2-WAY PRIMARY STREET)ELEVATION+20.20ELEVATION+19.95ELEVATION+20.20ELEVATION+19.44ELEVATION+19.20ELEVATION+20.55ELEVATION+20.55PROVIDE DRAINAGEIN PLANTERSPROVIDE DRAINAGEIN PLANTERSSITE PLAN GENERAL NOTES:1. +0'-0" = 19.85 (CITY OF EVANSTONDATUM)2. VERIFY ALL EXISTING CONDITIONS.3. IF NEW WORK REQUIRES THEREMOVAL OF EXISTING ELEMENTS,REPLACE ALL TO ORIGINAL STATE,REPORT ANY DISCREPANCIES TOARCHITECT.4. ALL TREES TO BE TRANSPLANTEDFOR DURATION OF CONSTRUCTION ANDTO BE PLANTED ACCORDING TOLANDSCAPE PLAN AT PROJECTCOMPLETION.5. SITE, CURBS AND WALKSDEMOLISHED FOR CONSTRUCTION TOBE REPAIRED/REPLACED IN KIND.SHEET TITLE© 2016 bKL ARCHITECTURE LLC. ALL DRAWINGS AND WRITTEN MATERIAL APPEARING HEREIN CONSTITUTE THE ORIGINAL AND UNPUBLISHED WORK OF bKL ARCHITECTURE LLC AND THE SAME MAY NOT BE DUPLICATED, USED, OR DISCLOSED WITHOUT THE WRITTEN CONSENT OF bKL ARCHITECTURE LLC.PROJECT NUMBERSEAL225 N Columbus Drive Suite 100Chicago, IL 60601T 1.312.881.5999F 1.312.469.8130www.bklarch.comb K L A R C H I T E C T U R E L L CGENERAL NOTES:BACDEFGH123456789101/25/2016 4:24:13 PMEVANSTON, ILLINOISA-100831 EMERSON STFocus Development Group /CA Ventures15012LANDSCAPE ARCHITECTWOLFF, INC.CIVIL ENGINEERSPACECO, INC.SITE PLANSTRUCTURAL ENGINEERTGRWA 3/32" = 1'-0"A2SITE PLANBUILDING SETBACKPARKING SETBACKPROPERTY LINEPROPERTY SIZE: 42,311.40 SFISSUESREV # DATE DESCRIPTION2016.01.25 ISSUED FOR SCHEMATIC DESIGN343 of 413 020104050708101106A4BDEFG03D5E1C9C4AE2D4B12.1CLINE OF BUILDING ABOVE18' - 0"36' - 0"27' - 8"27' - 8"27' - 8"18' - 0"18' - 0"18' - 0"9' - 2 1/2"30' - 0"60' - 0"30' - 0"30' - 0"17' - 9 1/8"SPEED RAMP UP(15% SLOPE)TYP8' - 6"37892 SFPARKING040506070809101112131415161718192021232425262728 293031323334 353637383940 41424344454647484950515253545556575859606162636465 666768697071 727374757677 78798384858687888990 9192 93949596979899100 101MIN20' - 0"22D2A-204___________________________________A2A-204___________________________________A2A-205___________________________________E2A-205___________________________________725 SFMECHANICAL030201828180WATER RETENTION VAULT BELOWREF. BUILDING SECTIONS AND CIVIL DWGS.8" CMU WALLFOUNDATION WALLREF. STRUCT. DWGS.8" CMU WALL13' - 4 1/8"16' - 0"23' - 6"PROVIDE HEAVY BROOMFINISH & TRAFFIC COATINGON ENTIRE RAMPSLOPESLOPESLOPESLOPESLOPESLOPESLOPESLOPE188' - 9" PARTIAL HEIGHT WALLSFDPROVIDE FIREEXTINGUISHERSAS REQUIREDBY NFPAFDFDFDFDFDFDFDFDFDTYP.18' - 0"24' - 0"24' - 0 5/8"26' - 6"PARKING ELEV.-9' - 5"ALL COLUMNSTO BE ENCASEDWITH CONCRETETO 4' - 0" ABOVESLAB. SPRAY-ONFIREPROOFINGABOVE 4' - 0"E2E3E1STAIR #1STAIR #411"12' - 3 3/4"5' - 5 1/2"WATER RETENTION VAULT,REFERENCE CIVIL ANDSTRUCTURAL DRWAINGS1' - 6"A-320A3SimA-321A5SimA10A-320___________________________________A6G-104___________________________________WATER RETENTION TANKFLOOR PLAN GENERAL NOTES:1. +0'-0" = 19.85 (CITY OF EVANSTONDATUM)2. REFERENCE SHEETS A-111 TO A-114FOR ENLARGED PLANS .3. REFERENCE SHEETS A-517 FORDOOR TYPES AND DETAILS.4. REFERENCE SHEETS A-511 & A-512FOR TYPICAL UNIT FINISHES.5. REFERENCE SHEET A-516 FORTYPICAL WALL ASSEMBLIES.6. FOR HVAC EQUIPMENT CURBS ATROOF REFERENCE MECHANICALDRAWINGS.7. ALL MAILBOXES TO COMPLY WITHICC/ANSI A117.1-2010 AND FEDERALPOST OFFICE GUIDELINES. TOP OFLOWEST SHELF FOR MAILBOX NOTLESS THAN 28" AFF AND HIGHESTOPERABLE PART NOT GREATER THAN48".8. PROVIDE SOUND ATTENUATIONINSULATION BETWEEN UNITS ANDBETWEEN UNITS AND CORRIDORS.9. RESIDENTIAL CORRIDORS TO BE 1-HR RATED. SHAFTS TO BE 2-HRRATED.10. PROVIDE INTERIOR RECYCLE BINS,QUANTIFIES AND LOCATION TBD.11. PROVIDE SPRAY FIREPROOFINGFOR ALL STEEL COLUMNS & BEAMS.12. PROVIDE SEALED PENETRATIONSTHROUGH WALLS, CEILINGS ANDFLOORS AND VERTICAL CHASESADJACENT TO UNITS.13. PROVIDE HEAVY BROOM FINISH &TRAFFIC COATING FOR LOWER LEVELGARAGE SPEED RAMP.1/4" X 6" TALL STEEL PIPE GUARD ATALL VERTICAL PIPE LOCATIONS INGARAGESHEET TITLE© 2016 bKL ARCHITECTURE LLC. ALL DRAWINGS AND WRITTEN MATERIAL APPEARING HEREIN CONSTITUTE THE ORIGINAL AND UNPUBLISHED WORK OF bKL ARCHITECTURE LLC AND THE SAME MAY NOT BE DUPLICATED, USED, OR DISCLOSED WITHOUT THE WRITTEN CONSENT OF bKL ARCHITECTURE LLC.PROJECT NUMBERSEAL225 N Columbus Drive Suite 100Chicago, IL 60601T 1.312.881.5999F 1.312.469.8130www.bklarch.comb K L A R C H I T E C T U R E L L CGENERAL NOTES:BACDEFGH123456789101/25/2016 3:55:41 PMEVANSTON, ILLINOISA-101831 EMERSON STFocus Development Group /CA Ventures15012LANDSCAPE ARCHITECTWOLFF, INC.CIVIL ENGINEERSPACECO, INC.LOWER LEVEL PLANSTRUCTURAL ENGINEERTGRWA 1/8" = 1'-0"A2LOWER LEVEL 01 PLANISSUESREV # DATE DESCRIPTION2016.01.25 ISSUED FOR SCHEMATIC DESIGN344 of 413 A-202A2020104050708101106A4BDEFG03D5E1C9C4AE2D4B12.1CALLEY33 RESIDENTIALPARKING SPACES290 SPACESSPEED RAMP DN(15% SLOPE)LINE OF BUILDING ABOVELOADING0101 028' - 0" SETBACK180' - 11 5/8"133' - 2 1/2"58' - 0 1/4"03 04 05 060708 09 10 11 12 13 14 15 16 17 18 1921222426272829302302040506030708CAR SHARELINE OF ROOF ABOVE10' - 0" SETBACK82' - 11 7/8"TRANSFORMERS PADS18' - 0"18' - 0"18' - 0"27' - 8"27' - 8"27' - 8"18' - 0"18' - 0"18' - 0"30' - 0"60' - 0"30' - 0"30' - 0"17' - 9 1/8"31EMERSON ST.3300 SFRETAIL195' - 0 1/8"714 SFCORE1232 SFMECH16314 SFGROUND LEVEL PARKING25307 SFSWITCH GEAR RM380 SFTRASH33373 SFMAIL RM222 SFBLDG STR32092163 SFBIKE STORAGEA-201A2D2A-204___________________________________A2A-204___________________________________A2A-205___________________________________E2A-205___________________________________6' - 0"264 MAILBOXES35 SFJC159 SFENG.150 SFCONF149 SFOFFICE144 SFWORK RM124 SFOFFICE1255 SFLOBBY/LOUNGEVEST819 SFLEASINGGENIUS BARBASE CABINETSCOFFEE BAR207 SFFIRE COMMAND CENTER478 SFPACKAGE RM119 SFTAN119 SFTAN162 SFSAUNA412 SFYOGA1476 SFFITNESSBIKE REPAIR AREA143 SFW134 SFMCLOGENERATORGAS METERBENCH9 RETAIL PARKING SPACESVESTSLOPESLOPESLOPESLOPESLOPESLOPESLOPESLOPEFDHEAVY BROOM FINISH& TRAFFIC COATING ON ENTIRE RAMPINSULATED OVERHEADROLLING DOORFDFDFDFDFDSTAIR #1STAIR #2STAIR #38" CMU ABOVEGROUND FLOORE-0318' - 0" TYP.TYP8' - 6"RETAIL CORR.E1E2E3STAIR #4PLANTING MATERIAL OR PAVING OVERDRAINAGE MAT OVER FLUID APPLIEDWATERPROOFING. DRAINAGE MAT TOEXTEND UNDER PLANTER WALLS TOALLOW FOR LATERAL DRAINAGE.HEATED PLENUM BELOW SECONDFLOOR SLAB WITH SUSPENDED,LAY IN CEILING WITH R-30NSULATION.HEATED PLENUM BELOWSECOND FLOOR SLAB WITHSUSPENDED, LAY IN CEILINGWITH R-30 NSULATION.BROOM FINISH CONCRETE, 3" THICK AT DRAINS, 5" THICK ATHIGH POINTS OVER DRAINAGE MAT OVER FLUID APPLIEDWATERPROOFING OVER PRECASET CONCRETESTRUCTURAL FLOOR SYSTEM.36' - 4 5/8"19' - 5 1/8"MINIMUM20' - 0"OVERHEAD ROLLING DOORSORNAMENTAL FENCEORNAMENTAL FENCECLOSETSCREEN WALLA-111A1OVERHEAD ROLLING DOORS174 SFWATER METER RM173 SFBOILER RMA-320D3SimA-321A3SimA-321C5SimA10A-320___________________________________129 SFBLDG STRTYP5' - 0"TYP11' - 0"A6G-104___________________________________FLOOR PLAN GENERAL NOTES:1. +0'-0" = 19.85 (CITY OF EVANSTONDATUM)2. REFERENCE SHEETS A-111 TO A-114FOR ENLARGED PLANS .3. REFERENCE SHEETS A-517 FORDOOR TYPES AND DETAILS.4. REFERENCE SHEETS A-511 & A-512FOR TYPICAL UNIT FINISHES.5. REFERENCE SHEET A-516 FORTYPICAL WALL ASSEMBLIES.6. FOR HVAC EQUIPMENT CURBS ATROOF REFERENCE MECHANICALDRAWINGS.7. ALL MAILBOXES TO COMPLY WITHICC/ANSI A117.1-2010 AND FEDERALPOST OFFICE GUIDELINES. TOP OFLOWEST SHELF FOR MAILBOX NOTLESS THAN 28" AFF AND HIGHESTOPERABLE PART NOT GREATER THAN48".8. PROVIDE SOUND ATTENUATIONINSULATION BETWEEN UNITS ANDBETWEEN UNITS AND CORRIDORS.9. RESIDENTIAL CORRIDORS TO BE 1-HR RATED. SHAFTS TO BE 2-HRRATED.10. PROVIDE INTERIOR RECYCLE BINS,QUANTIFIES AND LOCATION TBD.11. PROVIDE SPRAY FIREPROOFINGFOR ALL STEEL COLUMNS & BEAMS.12. PROVIDE SEALED PENETRATIONSTHROUGH WALLS, CEILINGS ANDFLOORS AND VERTICAL CHASESADJACENT TO UNITS.13. PROVIDE HEAVY BROOM FINISH &TRAFFIC COATING FOR LOWER LEVELGARAGE SPEED RAMP.SHEET TITLE© 2016 bKL ARCHITECTURE LLC. ALL DRAWINGS AND WRITTEN MATERIAL APPEARING HEREIN CONSTITUTE THE ORIGINAL AND UNPUBLISHED WORK OF bKL ARCHITECTURE LLC AND THE SAME MAY NOT BE DUPLICATED, USED, OR DISCLOSED WITHOUT THE WRITTEN CONSENT OF bKL ARCHITECTURE LLC.PROJECT NUMBERSEAL225 N Columbus Drive Suite 100Chicago, IL 60601T 1.312.881.5999F 1.312.469.8130www.bklarch.comb K L A R C H I T E C T U R E L L CGENERAL NOTES:BACDEFGH123456789101/25/2016 4:24:46 PMEVANSTON, ILLINOISA-102831 EMERSON STFocus Development Group /CA Ventures15012LANDSCAPE ARCHITECTWOLFF, INC.CIVIL ENGINEERSPACECO, INC.GROUND LEVEL PLANSTRUCTURAL ENGINEERTGRWA 1/8" = 1'-0"A2GROUND LEVEL PLANISSUESREV # DATE DESCRIPTION2016.01.25 ISSUED FOR SCHEMATIC DESIGN345 of 413 A-202A2020104050708101106A4BDEFG03D5E1C9C4AE2D4B12.1CGREEN ROOF4,271 SF2' - 0"18' - 0" 18' - 0" 18' - 0" 27' - 8" 27' - 8" 27' - 8" 18' - 0" 18' - 0" 18' - 0"2' - 0"30' - 0"60' - 0"30' - 0"47' - 9 1/8"1880 SFSOCIAL LOUNGE1242 SF3 BR515 SF1BR803 SF2BR753 SF2BR795 SF2BR580 SF1BR1113 SF3BR1143 SF3BR1142 SF3BR385 SFSTUDIO796 SF2 BD2437 SFOUTDOOR AMENITIY DECK867 SF2BR1546 SFSTUDY LOUNGE537 SF1BR872 SF2BR375 SFSTUDIOD2A-204___________________________________A2A-204___________________________________A2A-205___________________________________E2A-205___________________________________9' - 2 1/2"2' - 0"9' - 2 1/2"39' - 7 1/2"20' - 4 1/2"7' - 6"18' - 0"4' - 6"8' - 0 1/4"5' - 5 3/4"16' - 6"3' - 9 1/4"26' - 2 3/4"17' - 9 1/8"521 SF1BR(ACCESSIBLE FOR MAINTENANCE ONLY)1113 SF3BR580 SF1BR375 SFSTUDIO537 SF1BRLATERAL BRACING IN WALLPROVIDE SPRAY FIREPROOFING (TYP).REF. STRUCT. DWGS.LATERAL BRACING IN WALLREF. STRUCT. DWGS.LATERAL BRACING IN WALLREF. STRUCT. DWGS.47 SFJC167 SFTRASHCLOSET153 SFW158 SFMBANQUET SEATINGPRINTERPLANTING MATERIAL OR PAVING OVER DRAINAGEMAT OVER FLUID APPLIED WATERPROOFING.DRAINAGE MAT TO EXTEND UNDER PLANTERWALLS TO ALLOW FOR LATERAL DRAINGE.PARAPETMODIFIED BITUMEN ROOFING SYSTEMWITH 1/8" PER FOOT TAPERED INSULATION42" TALL ALUMINUM RAILING3"3 -1/2"6"WALL BELOWE1E2E3STAIR #1STAIR # 2STAIR #3RDRD32 SFJCRDRDRDA-112A4A-321C3SimA-320F3SimA-321E3SimA10A-320___________________________________41 SFIT CLO.38 SFMDF CLO.2' - 0"2' - 0"2' - 0"A6G-104___________________________________FLOOR PLAN GENERAL NOTES:1. +0'-0" = 19.85 (CITY OF EVANSTONDATUM)2. REFERENCE SHEETS A-111 TO A-114FOR ENLARGED PLANS .3. REFERENCE SHEETS A-517 FORDOOR TYPES AND DETAILS.4. REFERENCE SHEETS A-511 & A-512FOR TYPICAL UNIT FINISHES.5. REFERENCE SHEET A-516 FORTYPICAL WALL ASSEMBLIES.6. FOR HVAC EQUIPMENT CURBS ATROOF REFERENCE MECHANICALDRAWINGS.7. ALL MAILBOXES TO COMPLY WITHICC/ANSI A117.1-2010 AND FEDERALPOST OFFICE GUIDELINES. TOP OFLOWEST SHELF FOR MAILBOX NOTLESS THAN 28" AFF AND HIGHESTOPERABLE PART NOT GREATER THAN48".8. PROVIDE SOUND ATTENUATIONINSULATION BETWEEN UNITS ANDBETWEEN UNITS AND CORRIDORS.9. RESIDENTIAL CORRIDORS TO BE 1-HR RATED. SHAFTS TO BE 2-HRRATED.10. PROVIDE INTERIOR RECYCLE BINS,QUANTIFIES AND LOCATION TBD.11. PROVIDE SPRAY FIREPROOFINGFOR ALL STEEL COLUMNS & BEAMS.12. PROVIDE SEALED PENETRATIONSTHROUGH WALLS, CEILINGS ANDFLOORS AND VERTICAL CHASESADJACENT TO UNITS.13. PROVIDE HEAVY BROOM FINISH &TRAFFIC COATING FOR LOWER LEVELGARAGE SPEED RAMP.SHEET TITLE© 2016 bKL ARCHITECTURE LLC. ALL DRAWINGS AND WRITTEN MATERIAL APPEARING HEREIN CONSTITUTE THE ORIGINAL AND UNPUBLISHED WORK OF bKL ARCHITECTURE LLC AND THE SAME MAY NOT BE DUPLICATED, USED, OR DISCLOSED WITHOUT THE WRITTEN CONSENT OF bKL ARCHITECTURE LLC.PROJECT NUMBERSEAL225 N Columbus Drive Suite 100Chicago, IL 60601T 1.312.881.5999F 1.312.469.8130www.bklarch.comb K L A R C H I T E C T U R E L L CGENERAL NOTES:BACDEFGH123456789101/25/2016 4:25:30 PMEVANSTON, ILLINOISA-103831 EMERSON STFocus Development Group /CA Ventures15012LANDSCAPE ARCHITECTWOLFF, INC.CIVIL ENGINEERSPACECO, INC.LEVEL 02 PLANSTRUCTURAL ENGINEERTGRWA 1/8" = 1'-0"A2100_AREA PLAN_L02ISSUESREV # DATE DESCRIPTION2016.01.25 ISSUED FOR SCHEMATIC DESIGN346 of 413 020104050708101106A4BDEFG03D5E1C9C4AE2D4B12.1C10' - 0" SETBACKAMENITIES DECK BELOWGREEN ROOF BELOW2' - 0" 18' - 0"18' - 0"18' - 0"27' - 8"27' - 8"27' - 8"18' - 0"18' - 0"18' - 0"2' - 0"2' - 0"9' - 2 1/2"30' - 0"60' - 0"30' - 0"30' - 0"17' - 9 1/8"1232 SF3BR556 SF1BR760 SF2BR2996 SF2BR796 SF2BR359 SFSTUDIO367 SFSTUDIO367 SFSTUDIO367 SFSTUDIO367 SFSTUDIO367 SFSTUDIO868 SF2BR537 SF1BR376 SFSTUDIO871 SF2BR580 SF1BR749 SF2BR860 SF2BR520 SF1BR1142 SF3BR1112 SF3BR1142 SF3BRD2A-204___________________________________A2A-204___________________________________A2A-205___________________________________E2A-205___________________________________375 SFSTUDIO796 SF2BR1113 SF3BR537 SF1BR520 SF1BR580 SF1BRA-113D6A-112D4RETURN AIR ABOVESEE ENLARGED TYP. UNIT PLANSHEET A-410 FOR WALL TYPE ANDDOOR TYPE INFORMATIONSEE ENLARGED TYP. UNIT PLANSHEET A-410 FOR WALL TYPE ANDDOOR TYPE INFORMATIONSEE ENLARGED TYP. UNIT PLANSHEET A-410 FOR WALL TYPE ANDDOOR TYPE INFORMATIONA-113A2LATERAL BRACING IN WALLPROVIDE 2" SPRAY FIREPROOFING (TYP).REF. STRUCT. DWGS.LATERAL BRACING IN WALLREF. STRUCT. DWGS.LATERAL BRACING IN WALLREF. STRUCT. DWGS.LATERAL BRACING IN WALLREF. STRUCT. DWGS.LATERAL BRACING IN WALLREF. STRUCT. DWGS.STAIR #2STAIR #3STAIR #18' - 0"7' - 10"E1E2E3A-321D3SimA-320A5SimA-321G3Sim41 SFIT CLO.38 SFMDF CLO.47 SFJC167 SFTRASH2' - 0"2' - 0"2' - 0"5' - 0"A6G-104___________________________________FLOOR PLAN GENERAL NOTES:1. +0'-0" = 19.85 (CITY OF EVANSTONDATUM)2. REFERENCE SHEETS A-111 TO A-114FOR ENLARGED PLANS .3. REFERENCE SHEETS A-517 FORDOOR TYPES AND DETAILS.4. REFERENCE SHEETS A-511 & A-512FOR TYPICAL UNIT FINISHES.5. REFERENCE SHEET A-516 FORTYPICAL WALL ASSEMBLIES.6. FOR HVAC EQUIPMENT CURBS ATROOF REFERENCE MECHANICALDRAWINGS.7. ALL MAILBOXES TO COMPLY WITHICC/ANSI A117.1-2010 AND FEDERALPOST OFFICE GUIDELINES. TOP OFLOWEST SHELF FOR MAILBOX NOTLESS THAN 28" AFF AND HIGHESTOPERABLE PART NOT GREATER THAN48".8. PROVIDE SOUND ATTENUATIONINSULATION BETWEEN UNITS ANDBETWEEN UNITS AND CORRIDORS.9. RESIDENTIAL CORRIDORS TO BE 1-HR RATED. SHAFTS TO BE 2-HRRATED.10. PROVIDE INTERIOR RECYCLE BINS,QUANTIFIES AND LOCATION TBD.11. PROVIDE SPRAY FIREPROOFINGFOR ALL STEEL COLUMNS & BEAMS.12. PROVIDE SEALED PENETRATIONSTHROUGH WALLS, CEILINGS ANDFLOORS AND VERTICAL CHASESADJACENT TO UNITS.13. PROVIDE HEAVY BROOM FINISH &TRAFFIC COATING FOR LOWER LEVELGARAGE SPEED RAMP.SHEET TITLE© 2016 bKL ARCHITECTURE LLC. ALL DRAWINGS AND WRITTEN MATERIAL APPEARING HEREIN CONSTITUTE THE ORIGINAL AND UNPUBLISHED WORK OF bKL ARCHITECTURE LLC AND THE SAME MAY NOT BE DUPLICATED, USED, OR DISCLOSED WITHOUT THE WRITTEN CONSENT OF bKL ARCHITECTURE LLC.PROJECT NUMBERSEAL225 N Columbus Drive Suite 100Chicago, IL 60601T 1.312.881.5999F 1.312.469.8130www.bklarch.comb K L A R C H I T E C T U R E L L CGENERAL NOTES:BACDEFGH123456789101/25/2016 3:35:03 PMEVANSTON, ILLINOISA-104831 EMERSON STFocus Development Group /CA Ventures15012LANDSCAPE ARCHITECTWOLFF, INC.CIVIL ENGINEERSPACECO, INC.LEVEL 03-09 TYP PLANSTRUCTURAL ENGINEERTGRWA 1/8" = 1'-0"A2LEVEL 03-09 PLANISSUESREV # DATE DESCRIPTION2016.01.25 ISSUED FOR SCHEMATIC DESIGN347 of 413 A-202A2020104050708101106A4BDEFG03D5E1C9C4AE2D4B12.1C10' - 0" SETBACKALLEY2' - 0" 18' - 0"18' - 0"18' - 0"27' - 8"27' - 8"27' - 8"18' - 0"18' - 0"18' - 0" 2' - 0"2' - 0"9' - 2 1/2"30' - 0"60' - 0"30' - 0"30' - 0"17' - 9 1/8"1231 SF3BR558 SF1BR759 SF2BR753 SF2BR796 SF2BR1142 SF3BR1112 SF3BR580 SF1BR868 SF2BR537 SF1BR1247 SF3BR367 SFSTUDIO367 SFSTUDIO359 SFSTUDIOD2A-204___________________________________A2A-204___________________________________A2A-205___________________________________E2A-205___________________________________375 SFSTUDIO520 SF1BR1246 SF3BRLEVEL 9 ROOFSEE ENLARGED TYP. UNIT PLANSHEET A-410 FOR WALL TYPE ANDDOOR TYPE INFORMATIONLATERAL BRACING IN WALLREF. STRUCT. DWGS.LATERAL BRACING IN WALLREF. STRUCT. DWGS.LATERAL BRACING IN WALLREF. STRUCT. DWGS.LATERAL BRACING IN WALLPROVIDE 2" SPRAYFIREPROOFING (TYP).REF. STRUCT. DWGS.STAIR #1STAIR #2MODIFIED BITUMEN ROOFING SYSTEMWITH TAPERED (1/8" PER 1 FOOT)POLYISOCYANURATE INSULATION.AVERAGE R VALUE = 30RDRDRDRDROOF HATCH OPENINGW/ SHIP'S LADDERE1E2E341 SFIT CLO.A-114A2A-321D3SimA-320A5SimA10A-320___________________________________38 SFMDF CLO.47 SFJC167 SFTRASH2' - 0"5' - 0"A6G-104___________________________________FLOOR PLAN GENERAL NOTES:1. +0'-0" = 19.85 (CITY OF EVANSTONDATUM)2. REFERENCE SHEETS A-111 TO A-114FOR ENLARGED PLANS .3. REFERENCE SHEETS A-517 FORDOOR TYPES AND DETAILS.4. REFERENCE SHEETS A-511 & A-512FOR TYPICAL UNIT FINISHES.5. REFERENCE SHEET A-516 FORTYPICAL WALL ASSEMBLIES.6. FOR HVAC EQUIPMENT CURBS ATROOF REFERENCE MECHANICALDRAWINGS.7. ALL MAILBOXES TO COMPLY WITHICC/ANSI A117.1-2010 AND FEDERALPOST OFFICE GUIDELINES. TOP OFLOWEST SHELF FOR MAILBOX NOTLESS THAN 28" AFF AND HIGHESTOPERABLE PART NOT GREATER THAN48".8. PROVIDE SOUND ATTENUATIONINSULATION BETWEEN UNITS ANDBETWEEN UNITS AND CORRIDORS.9. RESIDENTIAL CORRIDORS TO BE 1-HR RATED. SHAFTS TO BE 2-HRRATED.10. PROVIDE INTERIOR RECYCLE BINS,QUANTIFIES AND LOCATION TBD.11. PROVIDE SPRAY FIREPROOFINGFOR ALL STEEL COLUMNS & BEAMS.12. PROVIDE SEALED PENETRATIONSTHROUGH WALLS, CEILINGS ANDFLOORS AND VERTICAL CHASESADJACENT TO UNITS.13. PROVIDE HEAVY BROOM FINISH &TRAFFIC COATING FOR LOWER LEVELGARAGE SPEED RAMP.SHEET TITLE© 2016 bKL ARCHITECTURE LLC. ALL DRAWINGS AND WRITTEN MATERIAL APPEARING HEREIN CONSTITUTE THE ORIGINAL AND UNPUBLISHED WORK OF bKL ARCHITECTURE LLC AND THE SAME MAY NOT BE DUPLICATED, USED, OR DISCLOSED WITHOUT THE WRITTEN CONSENT OF bKL ARCHITECTURE LLC.PROJECT NUMBERSEAL225 N Columbus Drive Suite 100Chicago, IL 60601T 1.312.881.5999F 1.312.469.8130www.bklarch.comb K L A R C H I T E C T U R E L L CGENERAL NOTES:BACDEFGH123456789101/25/2016 3:35:19 PMEVANSTON, ILLINOISA-105831 EMERSON STFocus Development Group /CA Ventures15012LANDSCAPE ARCHITECTWOLFF, INC.CIVIL ENGINEERSPACECO, INC.LEVEL 10-11 PLANSTRUCTURAL ENGINEERTGRWA 1/8" = 1'-0"A2LEVEL 10 - 11 PLANISSUESREV # DATE DESCRIPTION2016.01.25 ISSUED FOR SCHEMATIC DESIGN348 of 413 A-202A2020104050708101106A4BDEFG03D5E1C9C4AE2D4B12.1C10' - 0" SETBACKALLEY2' - 0" 18' - 0"18' - 0"18' - 0"27' - 8"27' - 8"27' - 8"18' - 0"18' - 0"18' - 0"9' - 2 1/2"30' - 0"60' - 0"30' - 0"30' - 0"17' - 9 1/8"1231 SF3BR558 SF1BR759 SF2BR753 SF2BR796 SF2BR1142 SF3BR1112 SF3BR580 SF1BRD2A-204___________________________________A2A-204___________________________________A2A-205___________________________________520 SF1BRLEVEL 9 ROOFLEVEL 11 ROOF784 SF2BRSEE ENLARGED TYP. UNIT PLANSHEET A-410 FOR WALL TYPE ANDDOOR TYPE INFORMATIONLATERAL BRACING IN WALLREF. STRUCT. DWGS.LATERAL BRACING IN WALLREF. STRUCT. DWGS.LATERAL BRACING IN WALLREF. STRUCT. DWGS.STAIR #2STAIR #1MODIFIED BITUMEN ROOFING SYSTEMWITH TAPERED (1/8" PER 1 FOOT)POLYISOCYANURATE INSULATION.AVERAGE R VALUE = 30RDRDRDRDE2E1E3A-114E2A-321D3SimA-321D3SimA10A-320___________________________________49 SFJC213 SFTRASH2' - 0"5' - 0"2' - 0"A6G-104___________________________________FLOOR PLAN GENERAL NOTES:1. +0'-0" = 19.85 (CITY OF EVANSTONDATUM)2. REFERENCE SHEETS A-111 TO A-114FOR ENLARGED PLANS .3. REFERENCE SHEETS A-517 FORDOOR TYPES AND DETAILS.4. REFERENCE SHEETS A-511 & A-512FOR TYPICAL UNIT FINISHES.5. REFERENCE SHEET A-516 FORTYPICAL WALL ASSEMBLIES.6. FOR HVAC EQUIPMENT CURBS ATROOF REFERENCE MECHANICALDRAWINGS.7. ALL MAILBOXES TO COMPLY WITHICC/ANSI A117.1-2010 AND FEDERALPOST OFFICE GUIDELINES. TOP OFLOWEST SHELF FOR MAILBOX NOTLESS THAN 28" AFF AND HIGHESTOPERABLE PART NOT GREATER THAN48".8. PROVIDE SOUND ATTENUATIONINSULATION BETWEEN UNITS ANDBETWEEN UNITS AND CORRIDORS.9. RESIDENTIAL CORRIDORS TO BE 1-HR RATED. SHAFTS TO BE 2-HRRATED.10. PROVIDE INTERIOR RECYCLE BINS,QUANTIFIES AND LOCATION TBD.11. PROVIDE SPRAY FIREPROOFINGFOR ALL STEEL COLUMNS & BEAMS.12. PROVIDE SEALED PENETRATIONSTHROUGH WALLS, CEILINGS ANDFLOORS AND VERTICAL CHASESADJACENT TO UNITS.13. PROVIDE HEAVY BROOM FINISH &TRAFFIC COATING FOR LOWER LEVELGARAGE SPEED RAMP.SHEET TITLE© 2016 bKL ARCHITECTURE LLC. ALL DRAWINGS AND WRITTEN MATERIAL APPEARING HEREIN CONSTITUTE THE ORIGINAL AND UNPUBLISHED WORK OF bKL ARCHITECTURE LLC AND THE SAME MAY NOT BE DUPLICATED, USED, OR DISCLOSED WITHOUT THE WRITTEN CONSENT OF bKL ARCHITECTURE LLC.PROJECT NUMBERSEAL225 N Columbus Drive Suite 100Chicago, IL 60601T 1.312.881.5999F 1.312.469.8130www.bklarch.comb K L A R C H I T E C T U R E L L CGENERAL NOTES:BACDEFGH123456789101/25/2016 3:35:38 PMEVANSTON, ILLINOISA-106831 EMERSON STFocus Development Group /CA Ventures15012LANDSCAPE ARCHITECTWOLFF, INC.CIVIL ENGINEERSPACECO, INC.LEVEL 12 PLANSTRUCTURAL ENGINEERTGRWA 1/8" = 1'-0"A2LEVEL 12 PLANISSUESREV # DATE DESCRIPTION2016.01.25 ISSUED FOR SCHEMATIC DESIGN349 of 413 020104050708101106A4BDEFG03D5E1C9C4AE2D4B12.1CCOOLINGTOWERMAUSCREENED ENCLOSURE13'-6" TALLOPEN TOEXTERIORELEVATOR OVER-RUN 10-0" TALL10' TALL STAIR ENCLOSURE15' TALL12' - 9 5/8"4' - 11 7/8"SCREENED ENCLOSURE9'-0" TALLMAU11' - 6"12' - 8 7/8"GREEN ROOF BELOW @ LEVEL 02LEVEL 11 ROOFLEVEL 09 ROOFLEVEL 12 ROOFAMENITY DECK AT LEVEL 022' - 0" 18' - 0"11' - 0 5/8" 6' - 11 3/8"18' - 0"27' - 8"27' - 8"27' - 8"18' - 0"18' - 0"18' - 0"2' - 0"9' - 2 1/2"30' - 0"9' - 7 1/2"20' - 4 1/2"7' - 6"18' - 0"4' - 6"8' - 0 1/4"5' - 5 3/4"16' - 6"1' - 6"2' - 3 1/4"26' - 2 3/4"17' - 9 1/8"RDRDRDRDRDMODIFIED BITUMEN ROOFING SYSTEMWITH TAPERED (1/8" PER 1 FOOT)POLYISOCYANURATE INSULATION.AVERAGE R VALUE = 30STAIR #5SEE 2/A-107 FORROOF PLAN2' - 0"5' - 0"E03D5E1E2D42.1A2A-204___________________________________A7A-320___________________________________RDA10A-320___________________________________A6G-104___________________________________SHEET TITLE© 2016 bKL ARCHITECTURE LLC. ALL DRAWINGS AND WRITTEN MATERIAL APPEARING HEREIN CONSTITUTE THE ORIGINAL AND UNPUBLISHED WORK OF bKL ARCHITECTURE LLC AND THE SAME MAY NOT BE DUPLICATED, USED, OR DISCLOSED WITHOUT THE WRITTEN CONSENT OF bKL ARCHITECTURE LLC.PROJECT NUMBERSEAL225 N Columbus Drive Suite 100Chicago, IL 60601T 1.312.881.5999F 1.312.469.8130www.bklarch.comb K L A R C H I T E C T U R E L L CGENERAL NOTES:BACDEFGH123456789101/25/2016 4:26:05 PMEVANSTON, ILLINOISA-107831 EMERSON STFocus Development Group /CA Ventures15012LANDSCAPE ARCHITECTWOLFF, INC.CIVIL ENGINEERSPACECO, INC.ROOF PLANSTRUCTURAL ENGINEERTGRWA 1/8" = 1'-0"A2ROOF PLAN 1/8" = 1'-0"C10ROOF PLANISSUESREV # DATE DESCRIPTION2016.01.25 ISSUED FOR SCHEMATIC DESIGN350 of 413 GROUND LEVEL0' - 0"LEVEL 216' - 0"LEVEL 327' - 0"LEVEL 436' - 9"LEVEL 546' - 6"LEVEL 656' - 3"LEVEL 766' - 0"LEVEL 875' - 9"LEVEL 985' - 6"LEVEL 1095' - 3"LEVEL 11105' - 0"LEVEL 12114' - 9"ROOF126' - 0"T/ MECH. PENTHOUSE139' - 6"020104050708101106032.1T/ MECH PENTHOUSE123' - 9"A-401E9A-401E2A-401B913' - 6"2' - 3"9' - 0"9' - 9"9' - 9"9' - 9"9' - 9"9' - 9"9' - 9"9' - 9"9' - 9"9' - 9"11' - 0"16' - 0"139' - 6"18' - 0" 11' - 0 5/8"6' - 11 3/8"18' - 0" 27' - 8" 27' - 8" 27' - 8" 18' - 0" 18' - 0" 18' - 0"PC-2GL-1GL-1MP-1PC-2GL-1MP-1PC-3GL-1?FL-3GL-1GL-2A-401B2MECHANICAL UNIT SCREEN ENCLOSURESEE DETAIL 2/A-420DOUBLE DOORS FROM SOCIALLOUNGE TO AMENITY DECKMECH. UNIT SCREEN ENCLOSURESEE DETAIL 2/A-420MAU BEHINDPRECAST PARAPETTYPICAL HEIGHT = 4'-2"PRECAST PARAPETTYPICAL HEIGHT = 4'-2"PRECAST CONCRETE COLUMNENCLOSURES AT GROUND LEVELCOLOR OF COLUMN ENCLOSURE TO MATCH PRECAST COLOR ABOVEVISION GLASS AT SOCIALAND STUDENT LOUNGESPANDREL GLASS AT200 LEVEL SLAB EDGEGL-1VISION GLASS AT FITNESSGLASS GUARDRAIL AT 200 LEVELAMENITY DECK SEE DTL 1/A4-20DOUBLE DOORS & CANOPY AT ENTRYVISION GLASS AT RETAILGL-1LARGER WINDOWINOPERABLESMALLER WINDOWOPERABLEOPERABLE WINDOWGROUND LEVEL0' - 0"LEVEL 216' - 0"LEVEL 327' - 0"LEVEL 436' - 9"LEVEL 546' - 6"LEVEL 656' - 3"LEVEL 766' - 0"LEVEL 875' - 9"LEVEL 985' - 6"LEVEL 1095' - 3"LEVEL 11105' - 0"LEVEL 12114' - 9"ROOF126' - 0"T/ MECH. PENTHOUSE139' - 6"A4BDEFGD5E1C9C4AE2D4B1CT/ MECH PENTHOUSE123' - 9"13' - 6"2' - 3"9' - 0"9' - 9"9' - 9"9' - 9"9' - 9"9' - 9"9' - 9"9' - 9"9' - 9"9' - 9"11' - 0"16' - 0"139' - 6"PC-1GL-1GL-1GL-1PC-1MP-1GL-1FL-19' - 2 1/2"30' - 0"9' - 7 1/2" 20' - 4 1/2" 7' - 6" 18' - 0" 4' - 6" 8' - 0 1/4"5' - 5 3/4"16' - 6"1' - 6" 2' - 3 1/4"26' - 2 3/4"17' - 9 1/8"0.AMECHANICAL UNIT SCREEN ENCLOSURESEE DETAIL 2/A-420PC-2RETAIL PARKINGPRECAST CONCRETE COLUMNENCLOSURES AT GROUND LEVELCOLOR OF COLUMN ENCLOSURE TO MATCH PRECAST COLOR ABOVEPROVIDE UNDERFLOOR CAVITYHEATING SYSTEM AT LOCATIONS WHERELEVEL 2 IS NOT ABOVE AN ENCLOSED SPACEPRECAST PARAPETTYPICAL HEIGHT = 4'-2"SMALLER WINDOW OPERABLELARGER WINDOW INOPERABLELOADING DOCK1" REVEAL IN PRECAST PANELTO ALIGN WITH ADJACENT FORMLINER1" REVEAL JOINT INPRECAST PANEL TOALIGN WITH ADJACENTFORMLINERPROVIDE UNDERFLOOR CAVITYHEATING SYSTEM AT LOCATIONS WHERELEVEL 2 IS NOT ABOVE AN ENCLOSED SPACEPRECAST PARAPETTYPICAL HEIGHT = 4'-2"121' - 10 1/2"41' - 3"17' - 9 1/8"7"6' - 8 1/2"EXIT FROM EGRESS STAIRPARKING GARAGE ENTRANCEPAINTED CMUORNAMENTAL FENCEELEVATIONS & SECTIONS GENERALNOTES:1. +0'-0" = 19.85 (CITY OF EVANSTONDATUM)2. ALL EXPOSED ARCHITECTURALCONCRETE TO BE SEALED ANDCLEANED.3. ROOF ASSEMBLIES ABOVEOCCUPIED SPACES MUST MEET MIN R-30 RATING4. OPAQUE PORTIONS OF EXTERIORENVELOPE MUST MEET MIN R-20RATING5. EXPOSED ALUMINUM TO BE KYNARCOATED.6. PROVIDE WEATHER-STRIPPING ATALL EXTERIOR DOOR AND WINDOWLOCATIONS.SHEET TITLE© 2016 bKL ARCHITECTURE LLC. ALL DRAWINGS AND WRITTEN MATERIAL APPEARING HEREIN CONSTITUTE THE ORIGINAL AND UNPUBLISHED WORK OF bKL ARCHITECTURE LLC AND THE SAME MAY NOT BE DUPLICATED, USED, OR DISCLOSED WITHOUT THE WRITTEN CONSENT OF bKL ARCHITECTURE LLC.PROJECT NUMBERSEAL225 N Columbus Drive Suite 100Chicago, IL 60601T 1.312.881.5999F 1.312.469.8130www.bklarch.comb K L A R C H I T E C T U R E L L CGENERAL NOTES:BACDEFGH123456789101/25/2016 3:38:27 PMEVANSTON, ILLINOISA-201831 EMERSON STFocus Development Group /CA Ventures15012LANDSCAPE ARCHITECTWOLFF, INC.CIVIL ENGINEERSPACECO, INC.SOUTH AND WESTBUILDING ELEVATIONSTRUCTURAL ENGINEERTGRWA 3/32" = 1'-0"A2SOUTH ELEVATION 3/32" = 1'-0"D2WEST ELEVATIONKEYNOTE LEGENDKey Name CommentsFL-1 Precast Form Liner, -Dark GreyFL-2 Precast Form Liner, -Medium GreyFL-3 Precast Forma Liner, -Light GreyGL-1 Vision Glass, IGU,TintedGL-2 Spandrel Glass, LowIron w/ Opaque CeramicFrit on #2 Surface orLow Iron LaminatedGlass w/ ColoredInterlayerMP-1 Metal Panel, (Duranar,Cinnagold DustEquivilant)PC-1 Precast Concrete, DarkGreyPC-2 Precast Concrete,Medium GreyPC-3 Precast Concrete, LightGreyISSUESREV # DATE DESCRIPTION2016.01.25 ISSUED FOR SCHEMATIC DESIGN351 of 413 GROUND LEVEL0' - 0"LEVEL 216' - 0"LEVEL 327' - 0"LEVEL 436' - 9"LEVEL 546' - 6"LEVEL 656' - 3"LEVEL 766' - 0"LEVEL 875' - 9"LEVEL 985' - 6"LEVEL 1095' - 3"LEVEL 11105' - 0"LEVEL 12114' - 9"ROOF126' - 0"T/ MECH. PENTHOUSE139' - 6"020104050708101106032.1T/ MECH PENTHOUSE123' - 9"18' - 0"11' - 0 5/8"6' - 11 3/8"18' - 0"27' - 8"27' - 8"27' - 8"18' - 0"18' - 0"18' - 0"GL-1GL-1PC-3FL-3GL-1PC-2FL-2PC-1MP-1GL-1FL-116' - 0" 11' - 0" 9' - 9" 9' - 9" 9' - 9" 9' - 9" 9' - 9"9' - 9" 9' - 9" 9' - 9" 9' - 9" 9' - 0" 2' - 3" 13' - 6"139' - 6"MECH. UNIT SCREENENCLOSURE SEE DETAIL 2/A-420MAU BEHINDPRECAST PARAPETPRECAST CONCRETE COLUMNENCLOSURES AT GROUNDLEVEL COLOR OF COLUMNENCLOSURE TO MATCH PRECAST COLOR ABOVELARGER WINDOWOPERABLESMALLER WINDOWINOPERABLETYP4' - 2"CMU BLOCK WALLSPEED RAMPPARKINGPARKINGPROVIDE UNDERFLOOR CAVITYHEATING SYSTEM AT LOCATIONS WHERELEVEL 2 IS NOT ABOVE AN ENCLOSED SPACEPAINTED CMU2' - 0" GUARD RAIL AT GREEN ROOFPC-2MP-1GL-1ORNAMENTAL FENCEGROUND LEVEL0' - 0"LEVEL 216' - 0"LEVEL 327' - 0"LEVEL 436' - 9"LEVEL 546' - 6"LEVEL 656' - 3"LEVEL 766' - 0"LEVEL 875' - 9"LEVEL 985' - 6"LEVEL 1095' - 3"LEVEL 11105' - 0"LEVEL 12114' - 9"ROOF126' - 0"T/ MECH. PENTHOUSE139' - 6"A4BDEFGD5E1C9C4AE2D4B1CT/ MECH PENTHOUSE123' - 9"17' - 9 1/8"26' - 2 3/4"2' - 3 1/4" 1' - 6"16' - 6" 5' - 5 3/4" 8' - 0 1/4" 4' - 6" 18' - 0" 7' - 6" 20' - 4 1/2"9' - 7 1/2"30' - 0"9' - 2 1/2"13' - 6"2' - 3"9' - 0"9' - 9"9' - 9"9' - 9"9' - 9"9' - 9"9' - 9"9' - 9"9' - 9"9' - 9"11' - 0"16' - 0"139' - 6"GL-2FL-2GL-1GL-1MP-1PC-1PC-2MP-1GL-1FL-10.AMECH. UNIT SCREEN ENCLOSURESEE DETAIL 2/A-4209' - 4"54' - 0 3/8"4' - 10"16' - 1"GL-1GL-1MP-1FL-3GLASS GUARDRAIL ATSOUTH AMENITY DECKPRECAST PARAPETTYP4' - 2"PC-1PRECAST CONC. COL.ENCLOSURES AT GROUNDLEVEL COLOR OF COLUMNENCLOSURE TO MATCHPRECAST COLOR ABOVEVISION GLASS AT SOCIALAND STUDENT LOUNGESPANDREL GLASS AT200 LEVEL SLAB EDGELARGER WINDOW OPERABLESMALLER WINDOWINOPERABLEPARKING ENTRANCEPROVIDE UNDERFLOOR CAVITYHEATING SYSTEM AT LOCATIONS WHERELEVEL 2 IS NOT ABOVE AN ENCLOSED SPACEORNAMENTAL FENCESCREEN WALLELEVATIONS & SECTIONS GENERALNOTES:1. +0'-0" = 19.85 (CITY OF EVANSTONDATUM)2. ALL EXPOSED ARCHITECTURALCONCRETE TO BE SEALED ANDCLEANED.3. ROOF ASSEMBLIES ABOVEOCCUPIED SPACES MUST MEET MIN R-30 RATING4. OPAQUE PORTIONS OF EXTERIORENVELOPE MUST MEET MIN R-20RATING5. EXPOSED ALUMINUM TO BE KYNARCOATED.6. PROVIDE WEATHER-STRIPPING ATALL EXTERIOR DOOR AND WINDOWLOCATIONS.SHEET TITLE© 2016 bKL ARCHITECTURE LLC. ALL DRAWINGS AND WRITTEN MATERIAL APPEARING HEREIN CONSTITUTE THE ORIGINAL AND UNPUBLISHED WORK OF bKL ARCHITECTURE LLC AND THE SAME MAY NOT BE DUPLICATED, USED, OR DISCLOSED WITHOUT THE WRITTEN CONSENT OF bKL ARCHITECTURE LLC.PROJECT NUMBERSEAL225 N Columbus Drive Suite 100Chicago, IL 60601T 1.312.881.5999F 1.312.469.8130www.bklarch.comb K L A R C H I T E C T U R E L L CGENERAL NOTES:BACDEFGH123456789101/25/2016 3:39:34 PMEVANSTON, ILLINOISA-202831 EMERSON STFocus Development Group /CA Ventures15012LANDSCAPE ARCHITECTWOLFF, INC.CIVIL ENGINEERSPACECO, INC.NORTH AND EASTBUILDING ELEVATIONSTRUCTURAL ENGINEERTGRWA 3/32" = 1'-0"A2NORTH ELEVATION 3/32" = 1'-0"D2EAST ELEVATIONKEYNOTE LEGENDKey Name CommentsFL-1 Precast Form Liner, -Dark GreyFL-2 Precast Form Liner, -Medium GreyFL-3 Precast Forma Liner, -Light GreyGL-1 Vision Glass, IGU,TintedGL-2 Spandrel Glass, LowIron w/ Opaque CeramicFrit on #2 Surface orLow Iron LaminatedGlass w/ ColoredInterlayerMP-1 Metal Panel, (Duranar,Cinnagold DustEquivilant)PC-1 Precast Concrete, DarkGreyPC-2 Precast Concrete,Medium GreyPC-3 Precast Concrete, LightGreyISSUESREV # DATE DESCRIPTION2016.01.25 ISSUED FOR SCHEMATIC DESIGN352 of 413 © 2016 bKL Architecture LLC831 EMERSON ST EVANSTON, IL 2016.01.05 Project No: 15012 CITY OF EVANSTON PLANNED DEVELOPMENT ZONING MAP - SPECIAL USE APPLICATION A112 Materials GROUND LEVEL0' - 0" LEVEL 216' - 0" LEVEL 327' - 0" LEVEL 436' - 9" LEVEL 546' - 6" LEVEL 656' - 3" LEVEL 766' - 0" LEVEL 875' - 9" LEVEL 985' - 6" LEVEL 1095' - 3" LEVEL 11105' - 0" LEVEL 12114' - 9" ROOF126' - 0" MECH. PENTHOUSE139' - 6" CTA EASEMENT ALLEYMAIN ENTRY EMERSON ST. AMENITY DECK 3 4 5 621 1 2 3 Architectural precast set in formliner Light Grey Architectural precast set in formliner Medium Grey Architectural precast set in formliner Dark Grey 4 Precast Formliner Glazed window wall / Spandrel Glass Aluminum window frame 5 6 Architectural metal panel Cinnagold 353 of 413 © 2016 bKL Architecture LLC831 EMERSON ST EVANSTON, IL 2016.01.05 Project No: 15012 CITY OF EVANSTON PLANNED DEVELOPMENT ZONING MAP - SPECIAL USE APPLICATION Materials A113 GROUND LEVEL0' - 0" LEVEL 216' - 0" LEVEL 327' - 0" LEVEL 436' - 9" LEVEL 546' - 6" LEVEL 656' - 3" LEVEL 766' - 0" LEVEL 875' - 9" LEVEL 985' - 6" LEVEL 1095' - 3" LEVEL 11105' - 0" LEVEL 12114' - 9" ROOF126' - 0" MECH. PENTHOUSE139' - 6" CTA EASEMENT ALLEYMAIN ENTRY EMERSON ST. AMENITY DECK 354 of 413 © 2016 bKL Architecture LLC831 EMERSON ST EVANSTON, IL 2016.01.05 Project No: 15012 CITY OF EVANSTON PLANNED DEVELOPMENT ZONING MAP - SPECIAL USE APPLICATION A114 Shadow Study NTS*NOTE: CONTEXT HEIGHTS ARE APPROXIMATE, BASED ON GOOGLE EARTH Summer Solstice - 6/21 9am9am9am 12pm12pm12pm 5pm5pm5pm Winter Solstice - 12/22 Spring Equinox - 3/20 & Fall Equinox - 9/23 355 of 413 © 2016 bKL Architecture LLC831 EMERSON ST EVANSTON, IL 2016.01.05 Project No: 15012 CITY OF EVANSTON PLANNED DEVELOPMENT ZONING MAP - SPECIAL USE APPLICATION A115 Level 2 Railing Details Section2Axon1 2" DOW CORNING BLDG INSUL BLANKET GLASS + 16'-0" MINERAL FIBER SAFING + 19'-6" SPANDREL LEVEL 5 DRYWALL FINISH 1/2" MIN THICKDRAINAGE MAT -3"1/8" SLOPE FLUID APPLIED WATERPROOFINGMEMBRANE CONTINUOUS VAPOR BARRIER + 13'-11" MINERAL FIBER INSULATION ALIGN4"8" MIN.3 1/2"MIN. 4" 8"2' - 0" GRAVEL 2"X2'X2' PAVERS ONADJUSTABLE PEDESTALSALONG EDGE PLANTER CURB STRUCTURAL SLAB TOPPING 1/2" MIN THICKDRAINAGE MAT RIGID INSULATION 5"GLASS + 13'-0" PAINTED ALUM. BACK PANEL MINERAL FIBER INSULATION SOIL 1' - 0"3' - 6"356 of 413 © 2016 bKL Architecture LLC831 EMERSON ST EVANSTON, IL 2016.01.05 Project No: 15012 CITY OF EVANSTON PLANNED DEVELOPMENT ZONING MAP - SPECIAL USE APPLICATION Typical Penthouse / Parapet Section5 A116 Penthouse Details East / West Elevation1Level 12 Roof Penthouse East / West Elevation3Level 11 Roof Penthouse North / South Elevation4Level 11 Roof Penthouse North / South Elevation2Level 12 Roof Penthouse LEVEL 12114' - 9"4' - 10"4' - 2"MECHANICAL PENTHOUSE123' - 9" LEVEL 12114' - 9"4' - 2" 4' - 10" MECHANICAL PENTHOUSE123' - 9" ROOF126' - 0" MECH. PENTHOUSE139' - 6"9' - 4"4' - 2"ROOF126' - 0" MECH. PENTHOUSE139' - 6"9' - 4"4' - 2"T/O ROOF DECK+ 126' - 0" T/O METAL SCREEN+ 139' - 6" EXTERIOR WALL CONSTRUCTION:- 1 1/2" HORIZONTAL CORRUGATED METAL PANELS- 5/8" VERTICAL HAT CHANNELS- 2" HORIZONTAL Z-FURRING CHANNELS 4" X 12" STEEL TUBES 4" X 4" STEELANGLES @ 2' - 0" O.C.1' - 0"DRYWALL CEILING8"H.P.8"2" ROOFING MEMBRANE 13'-6"1'-4"2'-0"1' - 0" TAPERING INSULATION3'-6"1"PRECAST PANEL 4'-2"357 of 413 OF JOB NO. FILENAME: DATE: SHEET INDEX SHEET DESCRIPTION # SHEET I.D. SHEET LOCATION MAP N N.T.S. N N.T.S. KEY MAP REMARKS DATE REVISIONS SHEET ## BENCHMARK ELEVATION: DESCRIPTION: BENCHMARK INFORMATION SEE SHEET TS1 FOR CALL J.U.L.I.E. 1-800-892-0123 WITH THE FOLLOWING: COUNTY CITY, TOWNSHIP SEC. & SEC. NO. 48 HOURS BEFORE YOU DIG. EXCLUDING SAT., SUN. & HOLIDAYS NOTE: AND SHALL BE INCLUDED IN THE PRECONSTRUCTION MEETINGS THREE (3) DAYS PRIOR TO STARTING CONSTRUCTION SPACECO, INC. IS TO BE NOTIFIED AT LEAST DEVELOPER ARCHITECT for C1 1 Phone: (847) 696-4060 Fax: (847) 696-40659575 W. Higgins Road, Suite 700, Rosemont, Illinois 60018 DATE THE SIGNATURE , SEAL, AND EXPIRATION DATE OF SEAL OF THE ENGINEER THESE PLANS OR ANY PART THEREOF SHALL BE CONSIDERED VOID WITHOUT JAMES C. KAPUSTIAK, P.E. ENGINEER EXPIRATION DATE: 04/30/2017 PROFESSIONAL DESIGN FIRM NO.: 184-001157 EXPIRATION DATE: 11/30/2015 ILLINOIS REGISTRATION NO.: 062-054942 LOCATION PROJECT 4 8679 10/16/15 8679P-TITLE.DGN PROJECT NO:8679 831 EMERSON STREET EVANSTON, ILLINOIS 831 EMERSON STREETPRELIMINARY SITE IMPROVEMENT PLANS 1 2 3 4 C1 TITLE SHEET EXISTING CONDITIONS PRELIMINARY GEOMETRIC PLAN PRELIMINARY GRADING AND UTILITY PLAN P-GRUT P-GM E1 EMERSON STREET 224-255-6431 NORTHFIELD, IL 60093 SUITE 202 191 WAUKEGAN ROAD CA / FOCUS EVANSTON JV, LLC 312-881-5999 CHICAGO, IL 60601 SUITE 100 225 N. COLUMBUS DRIVE bKL ARCHITECTURE LLC COOK EVANSTON, EVANSTON SEC. 18, T41N, R14E ORIGINAL PLAN DATE: OCTOBER 16, 2015 PUBLIC ALLEYN:\Projects\8679\PRELIM\8679P-TITLE.dgn Default User=jminsky 358 of 413 OH OH 0 20 SCALE 1" = 20’ 40 N LAST DATE OF FIELD WORK: SEPTEMBER 24, 2015. PLAN FLOW DIRECTION IS SHOWN. INDICATE OTHERWISE, IN WHICH CASE THE EXISTING ON FIELD INVERT ELEVATIONS UNLESS EXISTING PLANS PIPE FLOW DIRECTIONS, IF SHOWN, ARE BASED LOCATION, FIELD EXCAVATE. NOT BE COMPLETELY ACCURATE. FOR MORE ACCURATE LOCATIONS ARE APPROXIMATE AND SUSPECTED AND MAY COMPANY FIELD STAKES AND, THEREFORE, THEIR EVIDENCE FOUND ON THE SURFACE AND/OR FROM UTILITY UNDERGROUND UTILITIES ARE SHOWN BY USING PHYSICAL NOTE: LEGEND 680 STORM SEWER SANITARY SEWER WATER MAIN SANITARY MANHOLE STORM MANHOLE CATCH BASIN INLET FIRE HYDRANT VALVE AND VAULT FLARED END SECTION STREET LIGHT UTILITY POLE GAS MAIN FENCE MAILBOX SIGN CONTOUR SPRINKLER HEAD CABLE TV UPRIGHT TELEPHONE UPRIGHT GAS VALVE HAND HOLE BUSH TRAFFIC SIGNAL UNDERGROUND ELECTRIC LINE UNDERGROUND TELEPHONE LINE OVERHEAD WIRE(S) ON UTILITY POLES 999.99 TREE WITH SIZE 12" FIR TREE WITH SIZE12" ELECTRIC MANHOLE TELEPHONE MANHOLE TRAFFIC SIGNAL BOX GUARDRAIL WATER VALVE UNDERGROUND CATV LINE RAILROAD SOIL BORING ASPHALT CONCRETE BOLLARD ELECTRIC UPRIGHT WELL FIBER OPTIC LINE COMBINED SEWER UNIDENTIFIED MANHOLE SPOT ELEVATION PK / MAG NAIL RIGHT-OF-WAY MONUMENT DISC IRON / STEEL ROD IRON PIPE CUT CROSS RAILROAD SPIKE GRAVEL W W G G T T E E CATV FO FO E T T E C W G U WETLAND LIMITS EDGE OF WATER B AUXILIARY VALVE B BOX ELEVATION = 21.38 EMERSON STREET AT EAST SIDE OF SITE. RAILROAD SPIKE IN FIRST UTILITY POLE NORTH OF SITE BENCHMARK #2 ELEVATION = 20.44 EAST OF BENSON AVE EXTENDED. "BURY" BOLT ON FIRE HYDRANT NORTH OF EMERSON AND SITE BENCHMARK #1 ELEVATION = 18.122 CITY OF EVANSTON GIS BENCHMARK #39 SOURCE BENCHMARK: FOR REFERENCE PURPOSES ONLY. ASSOCIATED SURVEY, INC. DATED MAY 19, 2015 AND IS BOUNDARY PER ALTA/ASCM SURVEY BY PROFESSIONALS EXISTING CONDITIONSE1 2 8679P-ET.DGN EMERSON STREET BALCONY SECOND FLOOR OVERHANG OVERHANG (TYP OF 7) COLUMN 6’ CHAIN LINK FENCE 8’ METAL FENCE GATE POST ELEC HAND HOLE GUY WIRE"SPEED BUMP AHEAD" "NO PARKING" "NO PARKING""NO PARKING" "NO PARKING" "NO TRUCKS" "STOP" "NO PARKING" POST POST 5 WIRES5 WIRESE/W MAST=6’ UP E/W MAST=6’ UP E/W MAST=6’ UP E/W MAST=8’ UP W/LP6 WIRES6 WIRES1 WIRE6 WIRES4 WIRES N/S MAST=8’ E/W MAST=6’ UP 2 WIRESN/S MAST=6’ UP W/3 TRANSFORMERS ELEC METER ELEC METER ELEC BOX GAS PIPE FF=20.57 FF=20.29 FF=20.07 FF=20.47FF=20.46 FF=20.38 MUD FILLED TO TOP R=20.12 E T/RISER=17.10,10"DIP W I=16.90,6"DIP S I=18.30,6"DIP R=20.10 SE T/RISER=15.85,6"DIP S I=16.05,4"DIP B/STRUCTURE=14.2+/- T/WATER=15.15 R=19.65 N I=15.79,8"PVC S I=15.84,8"DIP R=18.84 N,NE,S I=15.00,6"DIP R=19.30 SW I=15.68,4"CLAY IN 6"RCP N I=15.78,6"DIP R=18.68 NE,SW I=14.08,6"DIP NE I=13.98,6"DIP R=19.98 T/WATER=17.06 W T/RISER=17.66,6"DIP R=19.26 W I=18.70,4"CLAY 1’DIA DRAIN=19.50 W I=18.15,4"CLAY 1’DIA DRAIN=19.50W I=18.22,4"CLAY 1’DIA DRAIN=19.62 T/WATER=15.54 W T/RISER=16.44,6"DIP E I=15.54,6"DIP N I=16.84,6"DIP R=19.74 B/STRUCTURE=17.34 T/WATER=17.89 SE T/PIPE=18.29,4"DIP W/PLUG R=20.24 E I=2.05,48"RCP W I=2.0+/-,48"RCP W I=8.8+/-,48"RCP NE I=12.65,12"DIP R=19.55 B/STRUCTURE=13.1+/- T/WATER=15.53 W T/RISER=16.43,12"DIP R=19.08 SW,NE I=11.94,12"UNKNOWN MATERIAL SE I=12.44,8"PVC R=19.64, DEBRIS FILLED ONLY NUT VISIBLE T/NUT=16.17 R=19.27 N I=15.25,10"DIP R=18.05 W,E I=5.06,72"RCP R=18.52W,E I=1.12,48"RCP N I=11.82,10"PVC R=18.22 S I=13.37,10"PVC N I=13.40,10"PVC R=18.55 T/PIPE=14.07 R=19.77 W,E I=5.61,72"RCP NW PIPE=PLUGGED SW I=11.21,12"SET BACK R=19.61 B/STRUCTURE=11.5+/- T/WATER=14.25 S T/RISER=SET BACK,8"/10"DIP R=18.05 R=18.59 30" WM 30" WM GROUND "I" BEAM ON ADDITION FRAME ELEC METER ELEC BOX BOXES 3 TELE TELE BOX BOXES 6 TELE GATE POST CONC PAD TRANS ON SITE BENCHMARK #2 SITE BENCHMARK #1"ARROWS" "SENIOR CROSSING/NO PARKING" "STOP HERE FOR PED" "NO PARKING" "NO PARKING" PARKING" CROSSING/NO "SENIOR "NO PARKING..." N,S PIPE RUNS THROUGH STRUCTURE N,S T/PIPE=15.59,10"UNDER WATER W I=15.69,8"DIP R=18.59 1 WIRE CONC WALL GUY WIRE BRICK BUILDING TWO STORY VILLAGE ATLASWM PER FL=17.94 FL=17.94 FL=17.98 17.99 18.03 18.05 FL=18.07 18.13 TC=18.14 FL=18.15 TC=18.16 18.21 TC=18.22 FL=18.23 TC=18.28 18.31 TC=18.35 18.36TC=18.37 TC=18.39 TC=18.42 TC=18.43 TC=18.45 TC=18.49TC=18.51 C TC=18.52 18.54 TC=18.55 TC=18.56 18.58 18.59 FL=18.62 18.62 EP=18.66 TC=18.66 18.66 18.66 18.67 18.67 TC=18.67 18.70 TC=18.71 18.74 FL=18.75 TC=18.76 18.7718.80 FL=18.82 TC=18.83 18.83 18.9 TC=18.87 TC=18.87 18.87 18.89 18.89 TC=18.90 18 . 92 18.92 FL=18.94 18.95 18.96 18.98 EP=18.98 19 19 191919 19 19 19.01 19.01 TC=19.02 TC=19.02 19.03 19.05 19.06 19.06 TC=19.06 TC=19.0619.07TC=19.08 19.0819.09 EP=19.10 19.10 FL=19.10 19.11 19.11 19.11 FL=19.13 19.13 19.13 FL=19.13 19.15 TC=19.15 19.15 TC=19.16 19.17 19.18 B TC=19.18 TC=19.18 TC=19.18 19.19 TC=19.20 19.21 FL=19.22 TC=19.22 19.22 EP=19.24 19.24 19.24 TC=19.24 EP=19.25 FL=19.25 19.26 19.26 19.26 FL=19.26 TC=19.27 EP=19.27 EP=19.27 EP=19.27 19.28 19.28 EP=19.28 TC=19.29 TC=19.29 19.3 EP=19.29 19.30 TC=19.30 19.31 TC=19.31 TC=19.31 EP=19.31 EP=19.31 19.31 19.32 EP=19.32 19.34 TC=19.34 G 19.34 19.35 EP=19.35 19.36 19.36 19.37 EP=19.37 19.38 19.38 19.38 TC=19.38 EP=19.39 EP=19.39 EP=19.40 EP=19.40 19.40 TC=19.40 19.41 TC=19.41 19.41 19.42 TC=19.43 TC=19.43 EP=19.43 EP=19.44 19.44 EP=19.44 TC=19.45 EP=19.45 19.45 19.46 19.46 TC=19.46 19.47 TC=19.47 TC=19.47 TC=19.47 19.48 19.5 EP=19.48 TC=19.49 19.49 19.49 19.5 19.50 19.52 19.54 B EP=19.56 19.56 19.56 19.57 19.6 TC=19.57 19.58 19.59 FL=19.59 19.59 19.6 19.61 C 19.61 19.61 19.61 19.61 19.62 19.62 TC=19.62 TC=19.63 TC=19.63 TC=19.64 C TC=19.64 19.64 TC=19.64 19.64 19.65 19.7 TC=19.66 19.66 19.66 TC=19.67 TC=19.67 19.68 19.68 TC=19.68 19.7 TC=19.69 19.69 TC=19.69 19.69 19.69 TC=19.70 TC=19.70 19.7 19.71 TC=19.72 TC=19.72 19.73 19.73 TC=19.73 19.73 19.74 19.7 TC=19.74 TC=19.75 TC=19.75 TC=19.76 EP=19.76 TC=19.76 TC=19.77 19.77 TC=19.77 TC=19.78 B 19.79 EP=19.80 B 19.80 19.80 TC=19.81 19.8 19.81 19.82 19.82 19.8 TC=19.83 19.84 TC=19.84 19.84 19.84 19.84 19.85 TC=19.85 TC=19.86 TC=19.86 19.87 TC=19.87 19.87 19.87 19.87 19.88 TC=19.88 19.88 19.88 19.89 TC=19.89 TC=19.89 19.89 19.89 19.89 EP=19.89 19.89 19.9 TC=19.91 TC=19.91 19.92 TC=19.93 19.93 19.93 19.94 TC=19.94 19.94 19.94 19.94 19.94 19.9 TC=19.95 19.95 19.96 19.97@SILL TC=19.97 TC=19.97 TC=19.98 19.98 19.99 19.99 TC=20.00 20.00 20 20 20202020 2 0 20 2020.00 TC=20.01 TC=20.01 TC=20.02 20.02TC=20.03 TC=20.03 20.04@SILL B 20.06 20.07 20.07 20.08 20.08 20.08 TC=20.10 20.1120.11 TC=20.11 TC=20.13 20.13 20.13 20.14 20.14 20.15 20.16 20.2 TC=20.18 20.18 20.18 20.18 20.18 20.19 EP=20.19 20.19 20.20 20.21 20.23 20.23 20.23 20.2420.2420.26 20.26 20.27 20.27 20.28 TC=20.29 20.29 20.29 20.29 20.30 20.31 20.31 20.32 20.32 20.36 20.4 20.38 20.38 20.42 20.42 20.42 20.42 20.42 20.44 20.45 20.45 20.45 EP=20.47 20.47 EP=20.48 20.49 TC=20.49 20.49EP=20.49 20.51 20.53TC=20.54 20.56 20.57 TC=20.58 20.62 20.63 20.6420.67 20.69 20.73 20.78 OF REMARKSDATENO.JOB NO. FILENAME: DATE: SHEET NO.DATEREMARKSPhone: (847) 696-4060 Fax: (847) 696-4065Rosemont, Illinois 600189575 W. Higgins Road, Suite 700,831 EMERSON STREETEVANSTON, ILLINOIS8679 10/16/2015 4 N:\Projects\8679\PRELIM\8679P-ET.DGN Default User=jminsky 359 of 413 6’ CHAIN LINK FENCE 8’ METAL FENCE GATE POST ELEC HAND HOLE GUY WIRE"SPEED BUMP AHEAD" "NO PARKING" "NO PARKING""NO PARKING" "NO PARKING" "STOP" "NO PARKING" POST 5 WIRES5 WIRESE/W MAST=6’ UP E/W MAST=6’ UP E/W MAST=6’ UP E/W MAST=8’ UP W/LP6 WIRES6 WIRES1 WIRE6 WIRES4 WIRES N/S MAST=8’ E/W MAST=6’ UPN/S MAST=6’ UP W/3 TRANSFORMERS CONC PAD TRANS ON "ARROWS" "SENIOR CROSSING/NO PARKING" "STOP HERE FOR PED" PARKING" CROSSING/NO "SENIOR CONC WALL GUY WIRE C B G B C C OF REMARKSDATENO.JOB NO. FILENAME: DATE: SHEET NO.DATEREMARKSPhone: (847) 696-4060 Fax: (847) 696-4065Rosemont, Illinois 600189575 W. Higgins Road, Suite 700,831 EMERSON STREETEVANSTON, ILLINOIS8679 10/16/2015 4 0 20 SCALE 1" = 20’ 40 N 3 8679P-GM.DGN EMERSON STREET PRELIMINARY GEOMETRIC PLANP-GM LEGEND LOWER LEVEL BUILDING LIMITS LEVEL 02 - 12 BUILDING LIMITS LEVEL 01 BUILDING LIMITS P.C.C. PAVEMENT OVER UNDERGROUND PARKING LEVEL P.C.C. CONCRETE SIDEWALK 10.85’ 15’ 11 STORIES TOWER 2 PARKING LEVEL LIMITS OF UNDERGROUND PARKING LEVEL LIMITS OF UNDERGROUND PARKING LEVEL LIMITS OF UNDERGROUND PARKING LEVEL LIMITS OF UNDERGROUND 16’4.5’ 15.5’R10. 5’R9.5’ R 3’R 10.5’ R R3’23.86’PUBLIC ALLEY101/07/15PER ARCHITECT10.11’8.61’ 8.06’10.72’20.91’15.03’ 15.4’46.26’42.50’61.78’87.08’58’79’58’ 15’180’ 9 STORIES TOWER 3 12 STORIES TOWER 1 ROOF DECK 5.33’8 ’R3’ R 5.33’N:\Projects\8679\PRELIM\8679P-GM.DGN Default User=jckapustiak 360 of 413 BALCONY 6’ CHAIN LINK FENCE 8’ METAL FENCE GATE POST ELEC HAND HOLE GUY WIRE"SPEED BUMP AHEAD" "NO PARKING" "NO PARKING""NO PARKING" "NO PARKING" "STOP" "NO PARKING" POST 5 WIRES5 WIRESE/W MAST=6’ UP E/W MAST=6’ UP E/W MAST=6’ UP E/W MAST=8’ UP W/LP6 WIRES6 WIRES1 WIRE6 WIRES4 WIRES N/S MAST=8’ E/W MAST=6’ UPN/S MAST=6’ UP W/3 TRANSFORMERS N I=15.79,8"PVC S I=15.84,8"DIP R=18.84 E I=2.05,48"RCP W I=2.0+/-,48"RCP W I=8.8+/-,48"RCP NE I=12.65,12"DIP R=19.55 B/STRUCTURE=13.1+/- T/WATER=15.53 W T/RISER=16.43,12"DIP R=19.08 SW,NE I=11.94,12"UNKNOWN MATERIAL SE I=12.44,8"PVC R=19.64, DEBRIS FILLED ONLY NUT VISIBLE T/NUT=16.17 R=19.27 N I=15.25,10"DIP R=18.05 W,E I=5.06,72"RCP R=18.52W,E I=1.12,48"RCP N I=11.82,10"PVC R=18.22 S I=13.37,10"PVC N I=13.40,10"PVC R=18.55 T/PIPE=14.07 R=19.77 W,E I=5.61,72"RCP NW PIPE=PLUGGED SW I=11.21,12"SET BACK R=19.61 B/STRUCTURE=11.5+/- T/WATER=14.25 S T/RISER=SET BACK,8"/10"DIP R=18.05 R=18.59 30" WM 30" WM CONC PAD TRANS ON SITE BENCHMARK #2 SITE BENCHMARK #1"ARROWS" "SENIOR CROSSING/NO PARKING" "STOP HERE FOR PED" PARKING" CROSSING/NO "SENIOR N,S PIPE RUNS THROUGH STRUCTURE N,S T/PIPE=15.59,10"UNDER WATER W I=15.69,8"DIP R=18.59 CONC WALL GUY WIRE FL=17.94 FL=17.94 FL=17.98 17.99 18.03 18.05 FL=18.07 18.13 TC=18.14 FL=18.15 TC=18.16 18.21 TC=18.22 FL=18.23 TC=18.28 18.31 TC=18.35 18.36TC=18.37 TC=18.39 TC=18.42 TC=18.43 TC=18.45 TC=18.49TC=18.51 C TC=18.52 18.54 TC=18.55 TC=18.56 18.58 18.59 FL=18.62 18.62 EP=18.66 TC=18.66 18.66 18.67 18.67 TC=18.67 18.70 TC=18.71 18.74 FL=18.75 TC=18.76 18.7718.80 FL=18.82 TC=18.83 18.83 18.9 TC=18.87 TC=18.87 18.87 18.89 18.89 TC=18.90 18 . 92 18.92 FL=18.94 18.95 18.96 18.98 19 191919 19 19.01 19.01 TC=19.02 TC=19.02 19.06 19.06 TC=19.06 TC=19.0619.07TC=19.08 19.0819.09 EP=19.10 FL=19.10 19.11 19.11 19.11 FL=19.13 19.13 19.13 FL=19.13 19.15 TC=19.15 19.15 TC=19.16 19.17 19.18 B TC=19.18 TC=19.18 TC=19.18 19.19 TC=19.20 19.21 FL=19.22 TC=19.22 19.22 EP=19.24 19.24 19.24 TC=19.24 EP=19.25 FL=19.25 19.26 19.26 19.26 FL=19.26 TC=19.27 EP=19.27 19.28 19.28 TC=19.29 TC=19.29 19.3 EP=19.29 19.30 TC=19.30 19.31 EP=19.31 EP=19.31 EP=19.32 19.34 TC=19.34 G 19.34 EP=19.35 19.36 19.36 EP=19.37 19.38 TC=19.38 EP=19.39 EP=19.40 19.40 TC=19.40 19.41 TC=19.41 19.41 19.42 TC=19.43 TC=19.43 EP=19.43 EP=19.44 19.44 EP=19.44 TC=19.45 EP=19.45 19.46 19.46 TC=19.46 19.47 TC=19.47 TC=19.47 TC=19.47 19.48 19.5 TC=19.49 19.49 19.5 19.54 B EP=19.56 19.56 19.56 FL=19.59 19.59 19.6 C 19.61 19.61 19.61 19.62 19.62 TC=19.62 TC=19.63 TC=19.63 TC=19.64 C TC=19.64 19.64 19.64 19.65 19.7 TC=19.66 19.66 19.66 TC=19.67 TC=19.67 TC=19.68 19.7 TC=19.69 19.69 TC=19.70 19.71 TC=19.72 TC=19.72 19.73 TC=19.73 19.73 19.74 TC=19.74 TC=19.75 TC=19.75 TC=19.76 TC=19.77 19.77 TC=19.77 19.80 19.8 19.82 TC=19.83 19.84 TC=19.85 TC=19.86 TC=19.86 19.87 19.87 19.87 TC=19.88 19.89 TC=19.89 TC=19.89 19.89 19.89 EP=19.89 TC=19.91 19.92 19.93 19.93 19.94 TC=19.94 19.9 TC=19.95 TC=19.97 TC=19.97 19.98 19.99 TC=20.00 20 202 0 20 20.00 TC=20.01 TC=20.01 TC=20.02 TC=20.03 TC=20.03 20.0720.08 20.1120.11 20.14 TC=20.18 20.18 20.18 20.18 20.19 20.23 20.2420.26 20.28 TC=20.29 20.29 20.31 20.4 20.42 20.42 20.44 20.45 20.45 20.45 EP=20.47 EP=20.48 TC=20.49 EP=20.49 TC=20.54 20.57 TC=20.58 20.67 20.69 20.78 0 20 SCALE 1" = 20’ 40 N 4 EMERSON STREET PRELIMINARY GRADING AND UTILITY PLANP-GRUT 8679P-GRUT.DGN LEGEND GF= TF= UNDERGROUND LEVEL LIMITS COMBINED SEWER PUBLIC ALLEYPARKING LEVEL LIMITS OF UNDERGROUND PARKING LEVEL LIMITS OF UNDERGROUND PARKING LEVEL LIMITS OF UNDERGROUND PARKING LEVEL LIMITS OF UNDERGROUND BUILDING 14-STORY 19.50 1 9 .85 FF=19.85 19.85 19.00 R=19.5 R=19.5 R=19.5 R=19.5 R=19.5 R=19.5 R=19.5 (UNDERGROUND) STORMWATER DETENTION VAULT TOP OF FOUNDATION GRADE AT FOUNDATION 100-YR OVERLAND FLOW ROUTE PRESSURE CONNECTION FIRE HYDRANT VALVE VAULT FLARED END SECTION ROOF SCUPPER STORM MANHOLE SANITARY CLEANOUT SANITARY MANHOLE WATERMAIN STORM SEWER SANITARY SEWER 20.00 20.00 20.00 20.00 20.00 20.00 19.65 19.65 19.65 19.65 20.00 19.80 19.80 19.80 DOWN RAMP20.00 20.00 19.3319.70 18.90 SERVICE STORM SEWER SERVICE SANITARY SEWER SERVICE WATER LOWER LEVEL VAULT UNDER DETENTION 21 20.5 20.5 21 21 20.5 20.520.5 21.5 21.5 22.5 19.65 20.20 19.50 19.30 19.55 18.9022.5 19.70 19.80 OF REMARKSDATENO.JOB NO. FILENAME: DATE: SHEET NO.DATEREMARKSPhone: (847) 696-4060 Fax: (847) 696-4065Rosemont, Illinois 600189575 W. Higgins Road, Suite 700,831 EMERSON STREETEVANSTON, ILLINOIS8679 10/16/2015 4 N:\Projects\8679\PRELIM\8679P-GRUT.DGN Default User=jminsky 361 of 413 OH OH 0 20 SCALE 1" = 20’ 40 N LAST DATE OF FIELD WORK: SEPTEMBER 24, 2015. PLAN FLOW DIRECTION IS SHOWN. INDICATE OTHERWISE, IN WHICH CASE THE EXISTING ON FIELD INVERT ELEVATIONS UNLESS EXISTING PLANS PIPE FLOW DIRECTIONS, IF SHOWN, ARE BASED LOCATION, FIELD EXCAVATE. NOT BE COMPLETELY ACCURATE. FOR MORE ACCURATE LOCATIONS ARE APPROXIMATE AND SUSPECTED AND MAY COMPANY FIELD STAKES AND, THEREFORE, THEIR EVIDENCE FOUND ON THE SURFACE AND/OR FROM UTILITY UNDERGROUND UTILITIES ARE SHOWN BY USING PHYSICAL NOTE: LEGEND 680 STORM SEWER SANITARY SEWER WATER MAIN SANITARY MANHOLE STORM MANHOLE CATCH BASIN INLET FIRE HYDRANT VALVE AND VAULT FLARED END SECTION STREET LIGHT UTILITY POLE GAS MAIN FENCE MAILBOX SIGN CONTOUR SPRINKLER HEAD CABLE TV UPRIGHT TELEPHONE UPRIGHT GAS VALVE HAND HOLE BUSH TRAFFIC SIGNAL UNDERGROUND ELECTRIC LINE UNDERGROUND TELEPHONE LINE OVERHEAD WIRE(S) ON UTILITY POLES 999.99 TREE WITH SIZE 12" FIR TREE WITH SIZE12" ELECTRIC MANHOLE TELEPHONE MANHOLE TRAFFIC SIGNAL BOX GUARDRAIL WATER VALVE UNDERGROUND CATV LINE RAILROAD SOIL BORING ASPHALT CONCRETE BOLLARD ELECTRIC UPRIGHT WELL FIBER OPTIC LINE COMBINED SEWER UNIDENTIFIED MANHOLE SPOT ELEVATION PK / MAG NAIL RIGHT-OF-WAY MONUMENT DISC IRON / STEEL ROD IRON PIPE CUT CROSS RAILROAD SPIKE GRAVEL W W G G T T E E CATV FO FO E T T E C W G U WETLAND LIMITS EDGE OF WATER B AUXILIARY VALVE B BOX ELEVATION = 21.38 EMERSON STREET AT EAST SIDE OF SITE. RAILROAD SPIKE IN FIRST UTILITY POLE NORTH OF SITE BENCHMARK #2 ELEVATION = 20.44 EAST OF BENSON AVE EXTENDED. "BURY" BOLT ON FIRE HYDRANT NORTH OF EMERSON AND SITE BENCHMARK #1 ELEVATION = 18.122 CITY OF EVANSTON GIS BENCHMARK #39 SOURCE BENCHMARK: FOR REFERENCE PURPOSES ONLY. ASSOCIATED SURVEY, INC. DATED MAY 19, 2015 AND IS BOUNDARY PER ALTA/ASCM SURVEY BY PROFESSIONALS EXISTING CONDITIONSC3 EMERSON STREET 3 8679ET.DGN BALCONY SECOND FLOOR OVERHANG OVERHANG (TYP OF 7) COLUMN 6’ CHAIN LINK FENCE 8’ METAL FENCE GATE POST ELEC HAND HOLE GUY WIRE"SPEED BUMP AHEAD" "NO PARKING" "NO PARKING""NO PARKING" "NO PARKING" "NO TRUCKS" "STOP" "NO PARKING" POST POST 5 WIRES5 WIRESE/W MAST=6’ UP E/W MAST=6’ UP E/W MAST=6’ UP E/W MAST=8’ UP W/LP6 WIRES6 WIRES1 WIRE6 WIRES4 WIRES N/S MAST=8’ E/W MAST=6’ UP 2 WIRESN/S MAST=6’ UP W/3 TRANSFORMERS ELEC METER ELEC METER ELEC BOX GAS PIPE FF=20.57 FF=20.29 FF=20.07 FF=20.47FF=20.46 FF=20.38 MUD FILLED TO TOP R=20.12 E T/RISER=17.10,10"DIP W I=16.90,6"DIP S I=18.30,6"DIP R=20.10 SE T/RISER=15.85,6"DIP S I=16.05,4"DIP B/STRUCTURE=14.2+/- T/WATER=15.15 R=19.65 N I=15.79,8"PVC S I=15.84,8"DIP R=18.84 N,NE,S I=15.00,6"DIP R=19.30 SW I=15.68,4"CLAY IN 6"RCP N I=15.78,6"DIP R=18.68 NE,SW I=14.08,6"DIP NE I=13.98,6"DIP R=19.98 T/WATER=17.06 W T/RISER=17.66,6"DIP R=19.26 W I=18.70,4"CLAY 1’DIA DRAIN=19.50 W I=18.15,4"CLAY 1’DIA DRAIN=19.50W I=18.22,4"CLAY 1’DIA DRAIN=19.62 T/WATER=15.54 W T/RISER=16.44,6"DIP E I=15.54,6"DIP N I=16.84,6"DIP R=19.74 B/STRUCTURE=17.34 T/WATER=17.89 SE T/PIPE=18.29,4"DIP W/PLUG R=20.24 E I=2.05,48"RCP W I=2.0+/-,48"RCP W I=8.8+/-,48"RCP NE I=12.65,12"DIP R=19.55 B/STRUCTURE=13.1+/- T/WATER=15.53 W T/RISER=16.43,12"DIP R=19.08 SW,NE I=11.94,12"UNKNOWN MATERIAL SE I=12.44,8"PVC R=19.64, DEBRIS FILLED ONLY NUT VISIBLE T/NUT=16.17 R=19.27 N I=15.25,10"DIP R=18.05 W,E I=5.06,72"RCP R=18.52W,E I=1.12,48"RCP N I=11.82,10"PVC R=18.22 S I=13.37,10"PVC N I=13.40,10"PVC R=18.55 T/PIPE=14.07 R=19.77 W,E I=5.61,72"RCP NW PIPE=PLUGGED SW I=11.21,12"SET BACK R=19.61 B/STRUCTURE=11.5+/- T/WATER=14.25 S T/RISER=SET BACK,8"/10"DIP R=18.05 R=18.59 30" WM 30" WM GROUND "I" BEAM ON ADDITION FRAME ELEC METER ELEC BOX BOXES 3 TELE TELE BOX BOXES 6 TELE GATE POST CONC PAD TRANS ON SITE BENCHMARK #2 SITE BENCHMARK #1"ARROWS" "SENIOR CROSSING/NO PARKING" "STOP HERE FOR PED" "NO PARKING" "NO PARKING" PARKING" CROSSING/NO "SENIOR "NO PARKING..." N,S PIPE RUNS THROUGH STRUCTURE N,S T/PIPE=15.59,10"UNDER WATER W I=15.69,8"DIP R=18.59 1 WIRE CONC WALL GUY WIRE BRICK BUILDING TWO STORY VILLAGE ATLASWM PER FL=17.94 FL=17.94 FL=17.98 17.99 18.03 18.05 FL=18.07 18.13 TC=18.14 FL=18.15 TC=18.16 18.21 TC=18.22 FL=18.23 TC=18.28 18.31 TC=18.35 18.36TC=18.37 TC=18.39 TC=18.42 TC=18.43 TC=18.45 TC=18.49TC=18.51 C TC=18.52 18.54 TC=18.55 TC=18.56 18.58 18.59 FL=18.62 18.62 EP=18.66 TC=18.66 18.66 18.66 18.67 18.67 TC=18.67 18.70 TC=18.71 18.74 FL=18.75 TC=18.76 18.7718.80 FL=18.82 TC=18.83 18.83 18.9 TC=18.87 TC=18.87 18.87 18.89 18.89 TC=18.90 18 . 92 18.92 FL=18.94 18.95 18.96 18.98 EP=18.98 19 19 191919 19 19 19.01 19.01 TC=19.02 TC=19.02 19.03 19.05 19.06 19.06 TC=19.06 TC=19.0619.07TC=19.08 19.0819.09 EP=19.10 19.10 FL=19.10 19.11 19.11 19.11 FL=19.13 19.13 19.13 FL=19.13 19.15 TC=19.15 19.15 TC=19.16 19.17 19.18 B TC=19.18 TC=19.18 TC=19.18 19.19 TC=19.20 19.21 FL=19.22 TC=19.22 19.22 EP=19.24 19.24 19.24 TC=19.24 EP=19.25 FL=19.25 19.26 19.26 19.26 FL=19.26 TC=19.27 EP=19.27 EP=19.27 EP=19.27 19.28 19.28 EP=19.28 TC=19.29 TC=19.29 19.3 EP=19.29 19.30 TC=19.30 19.31 TC=19.31 TC=19.31 EP=19.31 EP=19.31 19.31 19.32 EP=19.32 19.34 TC=19.34 G 19.34 19.35 EP=19.35 19.36 19.36 19.37 EP=19.37 19.38 19.38 19.38 TC=19.38 EP=19.39 EP=19.39 EP=19.40 EP=19.40 19.40 TC=19.40 19.41 TC=19.41 19.41 19.42 TC=19.43 TC=19.43 EP=19.43 EP=19.44 19.44 EP=19.44 TC=19.45 EP=19.45 19.45 19.46 19.46 TC=19.46 19.47 TC=19.47 TC=19.47 TC=19.47 19.48 19.5 EP=19.48 TC=19.49 19.49 19.49 19.5 19.50 19.52 19.54 B EP=19.56 19.56 19.56 19.57 19.6 TC=19.57 19.58 19.59 FL=19.59 19.59 19.6 19.61 C 19.61 19.61 19.61 19.61 19.62 19.62 TC=19.62 TC=19.63 TC=19.63 TC=19.64 C TC=19.64 19.64 TC=19.64 19.64 19.65 19.7 TC=19.66 19.66 19.66 TC=19.67 TC=19.67 19.68 19.68 TC=19.68 19.7 TC=19.69 19.69 TC=19.69 19.69 19.69 TC=19.70 TC=19.70 19.7 19.71 TC=19.72 TC=19.72 19.73 19.73 TC=19.73 19.73 19.74 19.7 TC=19.74 TC=19.75 TC=19.75 TC=19.76 EP=19.76 TC=19.76 TC=19.77 19.77 TC=19.77 TC=19.78 B 19.79 EP=19.80 B 19.80 19.80 TC=19.81 19.8 19.81 19.82 19.82 19.8 TC=19.83 19.84 TC=19.84 19.84 19.84 19.84 19.85 TC=19.85 TC=19.86 TC=19.86 19.87 TC=19.87 19.87 19.87 19.87 19.88 TC=19.88 19.88 19.88 19.89 TC=19.89 TC=19.89 19.89 19.89 19.89 EP=19.89 19.89 19.9 TC=19.91 TC=19.91 19.92 TC=19.93 19.93 19.93 19.94 TC=19.94 19.94 19.94 19.94 19.94 19.9 TC=19.95 19.95 19.96 19.97@SILL TC=19.97 TC=19.97 TC=19.98 19.98 19.99 19.99 TC=20.00 20.00 20 20 20202020 2 0 20 2020.00 TC=20.01 TC=20.01 TC=20.02 20.02TC=20.03 TC=20.03 20.04@SILL B 20.06 20.07 20.07 20.08 20.08 20.08 TC=20.10 20.1120.11 TC=20.11 TC=20.13 20.13 20.13 20.14 20.14 20.15 20.16 20.2 TC=20.18 20.18 20.18 20.18 20.18 20.19 EP=20.19 20.19 20.20 20.21 20.23 20.23 20.23 20.2420.2420.26 20.26 20.27 20.27 20.28 TC=20.29 20.29 20.29 20.29 20.30 20.31 20.31 20.32 20.32 20.36 20.4 20.38 20.38 20.42 20.42 20.42 20.42 20.42 20.44 20.45 20.45 20.45 EP=20.47 20.47 EP=20.48 20.49 TC=20.49 20.49EP=20.49 20.51 20.53TC=20.54 20.56 20.57 TC=20.58 20.62 20.63 20.6420.67 20.69 20.73 20.78 OF REMARKSDATENO.JOB NO. FILENAME: DATE: SHEET NO.DATEREMARKSPhone: (847) 696-4060 Fax: (847) 696-4065Rosemont, Illinois 600189575 W. Higgins Road, Suite 700,8679 831 EMERSON STREETEVANSTON, ILLINOIS01/25/2016 14 N:\Projects\8679\ENG\8679ET.DGN Default User=jckapustiak 362 of 413 6’ CHAIN LINK FENCE 8’ METAL FENCE GATE POST ELEC HAND HOLE GUY WIRE"SPEED BUMP AHEAD" "NO PARKING" "NO PARKING""NO PARKING" "NO PARKING" "STOP" "NO PARKING" POST 5 WIRES5 WIRESE/W MAST=6’ UP E/W MAST=6’ UP E/W MAST=6’ UP E/W MAST=8’ UP W/LP6 WIRES6 WIRES1 WIRE6 WIRES4 WIRES N/S MAST=8’ E/W MAST=6’ UPN/S MAST=6’ UP W/3 TRANSFORMERS CONC PAD TRANS ON "ARROWS" "SENIOR CROSSING/NO PARKING" "STOP HERE FOR PED" PARKING" CROSSING/NO "SENIOR CONC WALL GUY WIRE C B G B C C OF REMARKSDATENO.JOB NO. FILENAME: DATE: SHEET NO.DATEREMARKSPhone: (847) 696-4060 Fax: (847) 696-4065Rosemont, Illinois 600189575 W. Higgins Road, Suite 700,8679 831 EMERSON STREETEVANSTON, ILLINOIS01/25/2016 14 0 20 SCALE 1" = 20’ 40 N 5 EMERSON STREET LEGEND LOWER LEVEL BUILDING LIMITS LEVEL 02 - 12 BUILDING LIMITS LEVEL 01 BUILDING LIMITS P.C.C. PAVEMENT OVER UNDERGROUND PARKING LEVEL P.C.C. CONCRETE SIDEWALK 11 STORIES TOWER 2 PARKING LEVEL LIMITS OF UNDERGROUND PARKING LEVEL LIMITS OF UNDERGROUND PARKING LEVEL LIMITS OF UNDERGROUND PARKING LEVEL LIMITS OF UNDERGROUND 16’PUBLIC ALLEY9 STORIES TOWER 3 12 STORIES TOWER 1 ROOF DECK GEOMETRIC PLANC5 8679GM.DGN10.72’15.01’24’58’ 58’79’8.59’10.11’43.63’20.97’109.84’16.92’10.35’4.98’180.02’15’8.23’ 15.37’47.76’8.06’ 210.12’ (21 STANDARD, 1 ACCESSIBLE) 89.33’ (2 STANDARD, 4 ACCESSIBLE)44.25’ (5 STANDARD)86.72’ (7 STANDARD, 1 ACCESSIBLE)8’R (SEE DESIGN BY OTHERS) PROPOSED STREETSCAPE 16.92’15.02’5.14’4.33’2’STANDARD PITCH B-6.12 CURB AND GUTTER DEPRESSED CURB AND GUTTER REVERSE PITCH B-6.12 CURB AND GUTTER ACCESSIBLE RAMP WITH DETECTABLE WARNINGS NOTES: 6. SEE ARCHITECTURAL DRAWINGS FOR DESIGN AND DETAILS OF THE BUILDING. ACCESSIBILITY CODE. 5. ALL ACCESSIBLE PARKING SPACE SIGNAGE SHALL CONFORM TO ILLINOIS 4. ALL PAVEMENT MARKINGS SHALL BE PAINT. 3. SEE SHEET C2 FOR PAVEMENT SECTION DETAILS. 2. ALL EMERSON ST. CURBS AND GUTTERS ARE STANDARD PITCH UNLESS OTHERWISE NOTED. 1. ALL DIMENSIONS ARE TO THE BACK OF CURB UNLESS OTHERWISE NOTED.3’R 8’R10’R 19.02’ 16.5’ (SEE SHEET C14 FOR DETAILS) TO REMAIN. EXISTING LIGHT POLE TO REMAIN. EXISTING FIRE HYDRANT TRANSFORMERS COMED PROPOSED N:\Projects\8679\ENG\8679GM.DGN Default User=jckapustiak 363 of 413 BALCONY 6’ CHAIN LINK FENCE 8’ METAL FENCE GATE POST ELEC HAND HOLE GUY WIRE"SPEED BUMP AHEAD" "NO PARKING" "NO PARKING""NO PARKING" "NO PARKING" "STOP" "NO PARKING" POST 5 WIRES5 WIRESE/W MAST=6’ UP E/W MAST=6’ UP E/W MAST=6’ UP E/W MAST=8’ UP W/LP6 WIRES6 WIRES1 WIRE6 WIRES4 WIRES N/S MAST=8’ E/W MAST=6’ UPN/S MAST=6’ UP W/3 TRANSFORMERS N I=15.79,8"PVC S I=15.84,8"DIP R=18.84 E I=2.05,48"RCP W I=2.0+/-,48"RCP W I=8.8+/-,48"RCP NE I=12.65,12"DIP R=19.55 B/STRUCTURE=13.1+/- T/WATER=15.53 W T/RISER=16.43,12"DIP R=19.08 SW,NE I=11.94,12"UNKNOWN MATERIAL SE I=12.44,8"PVC R=19.64, DEBRIS FILLED ONLY NUT VISIBLE T/NUT=16.17 R=19.27 N I=15.25,10"DIP R=18.05 W,E I=5.06,72"RCP R=18.52W,E I=1.12,48"RCP N I=11.82,10"PVC R=18.22 S I=13.37,10"PVC N I=13.40,10"PVC R=18.55 T/PIPE=14.07 R=19.77 W,E I=5.61,72"RCP NW PIPE=PLUGGED SW I=11.21,12"SET BACK R=19.61 B/STRUCTURE=11.5+/- T/WATER=14.25 S T/RISER=SET BACK,8"/10"DIP R=18.05 R=18.59 30" WM 30" WM CONC PAD TRANS ON SITE BENCHMARK #2 SITE BENCHMARK #1"ARROWS" "SENIOR CROSSING/NO PARKING" "STOP HERE FOR PED" PARKING" CROSSING/NO "SENIOR N,S PIPE RUNS THROUGH STRUCTURE N,S T/PIPE=15.59,10"UNDER WATER W I=15.69,8"DIP R=18.59 CONC WALL GUY WIRE FL=17.94 FL=17.94 FL=17.98 17.99 18.03 18.05 FL=18.07 18.13 TC=18.14 FL=18.15 TC=18.16 18.21 TC=18.22 FL=18.23 TC=18.28 18.31 TC=18.35 18.36TC=18.37 TC=18.39 TC=18.42 TC=18.43 TC=18.45 TC=18.49TC=18.51 C TC=18.52 18.54 TC=18.55 TC=18.56 18.58 18.59 FL=18.62 18.62 EP=18.66 TC=18.66 18.66 18.67 18.67 TC=18.67 18.70 TC=18.71 18.74 FL=18.75 TC=18.76 18.7718.80 FL=18.82 TC=18.83 18.83 18.9 TC=18.87 TC=18.87 18.87 18.89 18.89 TC=18.90 18 . 92 18.92 FL=18.94 18.95 18.96 18.98 19 191919 19 19.01 19.01 TC=19.02 TC=19.02 19.06 19.06 TC=19.06 TC=19.0619.07TC=19.08 19.0819.09 EP=19.10 FL=19.10 19.11 19.11 19.11 FL=19.13 19.13 19.13 FL=19.13 19.15 TC=19.15 19.15 TC=19.16 19.17 19.18 B TC=19.18 TC=19.18 TC=19.18 19.19 TC=19.20 19.21 FL=19.22 TC=19.22 19.22 EP=19.24 19.24 19.24 TC=19.24 EP=19.25 FL=19.25 19.26 19.26 19.26 FL=19.26 TC=19.27 EP=19.27 19.28 19.28 TC=19.29 TC=19.29 19.3 EP=19.29 19.30 TC=19.30 19.31 EP=19.31 EP=19.31 EP=19.32 19.34 TC=19.34 G 19.34 EP=19.35 19.36 19.36 EP=19.37 19.38 TC=19.38 EP=19.39 EP=19.40 19.40 TC=19.40 19.41 TC=19.41 19.41 19.42 TC=19.43 TC=19.43 EP=19.43 EP=19.44 19.44 EP=19.44 TC=19.45 EP=19.45 19.46 19.46 TC=19.46 19.47 TC=19.47 TC=19.47 TC=19.47 19.48 19.5 TC=19.49 19.49 19.5 19.54 B EP=19.56 19.56 19.56 FL=19.59 19.59 19.6 C 19.61 19.61 19.61 19.62 19.62 TC=19.62 TC=19.63 TC=19.63 TC=19.64 C TC=19.64 19.64 19.64 19.65 19.7 TC=19.66 19.66 19.66 TC=19.67 TC=19.67 TC=19.68 19.7 TC=19.69 19.69 TC=19.70 19.71 TC=19.72 TC=19.72 19.73 TC=19.73 19.73 19.74 TC=19.74 TC=19.75 TC=19.75 TC=19.76 TC=19.77 19.77 TC=19.77 19.80 19.8 19.82 TC=19.83 19.84 TC=19.85 TC=19.86 TC=19.86 19.87 19.87 19.87 TC=19.88 19.89 TC=19.89 TC=19.89 19.89 19.89 EP=19.89 TC=19.91 19.92 19.93 19.93 19.94 TC=19.94 19.9 TC=19.95 TC=19.97 TC=19.97 19.98 19.99 TC=20.00 20 202 0 20 20.00 TC=20.01 TC=20.01 TC=20.02 TC=20.03 TC=20.03 20.0720.08 20.1120.11 20.14 TC=20.18 20.18 20.18 20.18 20.19 20.23 20.2420.26 20.28 TC=20.29 20.29 20.31 20.4 20.42 20.42 20.44 20.45 20.45 20.45 EP=20.47 EP=20.48 TC=20.49 EP=20.49 TC=20.54 20.57 TC=20.58 20.67 20.69 20.78 0 20 SCALE 1" = 20’ 40 N 7 EMERSON STREET PUBLIC ALLEYPARKING LEVEL LIMITS OF UNDERGROUND PARKING LEVEL LIMITS OF UNDERGROUND PARKING LEVEL LIMITS OF UNDERGROUND PARKING LEVEL LIMITS OF UNDERGROUND BUILDING 12-STORY FF=19.85 DOWN RAMPSERVICE STORM SEWER SERVICE SANITARY SEWER SERVICE WATER LOWER LEVEL VAULT UNDER DETENTION UTILITY PLAN8679UT.DGN C7 20’-16" DIP @ 2.70% N.T.S. SANITARY SERVICE PROFILE CONNECTION DETAIL SEE SHEET C9 FOR I=15.31 BACKFLOW PREVENTER 8" DIP WITH TIDEFLEX I=15.55 @ 1.33% 12’-10" DIP COMBINED SEWER EXISTING 48" I=8.50 I=5.75 I=13.46 B/WM=16.45+/- EXISTING 6" WATERMAIN 7’-16" DIP I=14.00 I=15.67 R=23.30 S-1 T/SAN=14.87+/- LEGEND UNDERGROUND LEVEL LIMITS COMBINED SEWER TRENCH BACKFILL AND REPLACEMENT FULL DEPTH PAVEMENT REMOVAL FOR DETAILS) (SEE BUILDING STRUCTURAL DRAWINGS STORMWATER DETENTION VAULT SIAM CONNECTION PRESSURE CONNECTION FIRE HYDRANT STORM MANHOLE SANITARY MANHOLE IRRIGATION LINE WATER SERVICE STORM SEWER SANITARY SEWER TYPE OF STRUCTURETYPE OF STRUCTURE STRUCTURE NUMBER RIM ELEVATION OF STRUCTURE DIAMETER SIZE TYPE OF STRUCTURE (MANHOLE) AND DIRECTION INVERT ELEVATION TYPE OF FRAME AND LID I=740.50,NW R=748.50 A4D,1C MH-10 SYMBOLS M = 1C = FH = PC = S = PRESSURE CONNECTION FIRE HYDRANT NEENAH R-1772-B FRAME WITH TYPE B CLOSED LID STORM MANHOLE SANITARY MANHOLE NOTES: DISCHARGE TO THE SANITARY SEWERS. 5. PARKING GARAGE FLOOR DRAINS OF MUST BE CONNECTED TO TRIPLE BASIN BEFORE STREETSCAPE AS NECESSARY. 4. ADJUST ALL UTILITY MANHOLES AND BOXES RIMS IN R.O.W.’S, SIDEWALKS AND COMPANIES, SEE GRADING PLANS FOR STRUCTURE RIM ADJUSTMENTS. PROPOSED IMPROVEMENTS SHALL BE RELOCATED BY THE RESPECTIVE UTILITY 3. ALL OVERHEAD AND BURIED UTILITY LINES AND FACILITIES IN CONFLICT WITH OF TWO (2) FEET LONG NON-SHRINK CONRETE/MORTAR PLUGS. 2. ALL ABANDONED SERVICES SHALL BE PLUGGED AT BOTH ENDS WITH A MINIMUM CUT AND CAPPED AT THE MAIN OR STRUCTURE BY CONTRACTOR. 1. ALL EXISTING WATER, STORM, AND SANITARY SERVICES ARE TO BE ABANDONED, OF REMARKSDATENO.JOB NO. FILENAME: DATE: SHEET NO.DATEREMARKSPhone: (847) 696-4060 Fax: (847) 696-4065Rosemont, Illinois 600189575 W. Higgins Road, Suite 700,8679 831 EMERSON STREETEVANSTON, ILLINOIS01/25/2016 14 N:\Projects\8679\ENG\8679UT.DGN Default User=jckapustiak 364 of 413 16-O-16 ~17~ EXHIBIT E Landscape Plans 365 of 413 E-0354'-0 1/2"25'-2 1/2"26'-4"26'-1"26'-1"24'-3 1/2"17'-8"218'-6"13'-5 1/2"4'-6"15'-0"5'-8"5'-8"245'-4"2'-0"2 UCMGRAISED CURB PLANTER WITH SHRUBS,PERENNIALS, AND ORNAMENTALGRASSES, TYP.NEW CONCRETESIDEWALK, TYP.2' W BRICK BANDING, TYP.4 BIKE RACKS, TYP. (8 BIKES)CAR SHARE PARKING SPACES (2)ENTRANCE11"EMERSON STREETTWO-WAY TRAFFIC12"12"12" 24" 36"18"12"18"3'-10"230'-0"7'-6"4'-0"DRIVEWAYu u PARKWAY 10'-6"15'-0"OFFSET15'-0"OFFSET2'-8"2L2011 L201 PROPERTY LINE2 GBAG IN 5' X 10' TREEGRATE, TYP.BUILDING ENTRYWAY.4 BIKE RACKS, TYP. (8 BIKES)3 UCMG5' X 10' TREE GRATE, TYP.INSPECTION PIPE AT EVERYPLANTER DRAIN, TYP.18" HT SEAT WALL WITH BENCHOUTDOOR LOUNGE SPACE4 BPW, 12' HT6"W X 6"H RAISED CURB PLANTER WITH SHRUBS,PERENNIALS, AND ORNAMENTAL GRASSES, TYP.SEE PLAN FOR SOIL DEPTHSOIL MOUND AT 3:1 SLOPE TO 36"FOR ORNAMENTAL TREESTRANSFORMERS SET IN 3" DEPTHDECORATIVE STONE BALLAST WITHFILTER FABRICGENERATORMETAL SCREEN WALL TO MATCHHEIGHT OF GENERATORTRANSFORMERS SET IN GRAVEL MULCH6"W X 12"H RAISED CURB PLANTING AREA42" HT METAL ORNAMENTAL FENCE, TYP.24'-0"20'-9"8'-0 1/2"12'-10"5'-0"12'-4"10'-11 1/2"48'-9 1/2"9'-7 1/2"39'-5"4'-8"7'-0" 11'-8"191'-9"SHEET TITLEPROJECT NUMBERSEAL225 N Columbus Drive Suite 100Chicago, IL 60601T 1.312.881.5999F 1.312.469.8130www.bklarch.comb K L A R C H I T E C T U R E L L CGENERAL NOTES:BACDEFGH12345678910ISSUESREV # DATE DESCRIPTION1 1/25/2016ISSUE FOR SD3 0 7 N O R T H M I C H I G A N A V E N U ES U I T E 6 0 1C H I C A G O , I L L I N O I S 6 0 6 0 13 1 2 . 6 6 3 . 5 4 9 4 T3 1 2 . 6 6 3 . 5 4 9 7 FW O L F F L A N D S C A P E . C O MP L A N N I N GL A N D S C A P E A R C H I T E C T U R EU R B A N D E S I G NW O L F F L A N D S C A P E A R C H I T E C T U R ELEVEL 1 LANDSCAPE PLAN1SCALE: 1/8" = 1'-0"N O R T H0 4' 8'2'1'16'LEVEL 1LANDSCAPE PLANL101366 of 413 4'-0"2'-0"12'-0"10'-0"10'-0"22'-0"10'-0"10'-0"2'-6"6"83'-0"6"2'-0"2'-9"8'-0"10'-9"8'-0"8'-0"4'-0"3 CVWK12" DEPTH HIGH PERFORMANCECONCRETE PLANTER, TYP.SHRUBS, PERENNIALS ANDORNAMENTAL GRASSES18" HT IPE WOODBENCH, TYP.12" DEPTHPLANTER, TYP.LOUNGE AREA WITHLINEAR FIRE PITOUTDOOR GRILLS (2)4'-0"4'-0"29'-3"4'-0"4'-0"14'-0"6'-0"6" MIN. DEPTH BUILT-UP ORMODULAR TRAY GREEN ROOFWITH SHADE-TOLERANTPERENNIALS2' W MAINTENANCE PATH; 24" X24" X 2" PRECAST CONCRETEPAVER36" DEPTH HIGH PERFORMANCECONCRETE PLANTER, TYP.SHRUBS, PERENNIALS ANDORNAMENTAL GRASSESGRAVEL BALLAST, 3" DEPTHDINING AREA AND LOUNGE SEATING2885 SFINSPECTION PIPE AT EVERYPLANTER DRAIN, TYP.PROPERTY LINE24" X 24" X 2"PRECASTCONCRETEPAVERSHEET TITLEPROJECT NUMBERSEAL225 N Columbus Drive Suite 100Chicago, IL 60601T 1.312.881.5999F 1.312.469.8130www.bklarch.comb K L A R C H I T E C T U R E L L CGENERAL NOTES:BACDEFGH12345678910ISSUESREV # DATE DESCRIPTION1 1/25/2016ISSUE FOR SD3 0 7 N O R T H M I C H I G A N A V E N U ES U I T E 6 0 1C H I C A G O , I L L I N O I S 6 0 6 0 13 1 2 . 6 6 3 . 5 4 9 4 T3 1 2 . 6 6 3 . 5 4 9 7 FW O L F F L A N D S C A P E . C O MP L A N N I N GL A N D S C A P E A R C H I T E C T U R EU R B A N D E S I G NW O L F F L A N D S C A P E A R C H I T E C T U R ELEVEL 2 LANDSCAPE PLAN1SCALE: 1/8" = 1'-0"N O R T H0 4' 8'2'1'16'LEVEL 2LANDSCAPE PLANL102367 of 413 8"5'-1"8"1'-6"4'-8"45'-8"2'-0"1'-6"TREE GRATE WITH BRICK BORDERSHADE TREE, TYP.CONCRETE SIDEWALKGEOFOAMLIGHTWEIGHT SOILPLANTING1" VERSICELL DRAINAGE LAYER10'-12' HT ORNAMENTAL TREE, TYP.6" HT RAISED PLANTER WALL314'-6"27'-1"5'-0"63'-6"15'-0"34'-6"2'-0"31313131311" VERSICELL DRAINAGE LAYER, TYP.LIGHTWEIGHT SOIL3'-0" 1'-6"10'-12' ORNAMENTAL TREE, TYP.6" HT RAISED PLANTER WALL2' MAINTENANCE ACCESSPLANTINGSHEET TITLEPROJECT NUMBERSEAL225 N Columbus Drive Suite 100Chicago, IL 60601T 1.312.881.5999F 1.312.469.8130www.bklarch.comb K L A R C H I T E C T U R E L L CGENERAL NOTES:BACDEFGH12345678910ISSUESREV # DATE DESCRIPTION1 1/25/2016ISSUE FOR SD3 0 7 N O R T H M I C H I G A N A V E N U ES U I T E 6 0 1C H I C A G O , I L L I N O I S 6 0 6 0 13 1 2 . 6 6 3 . 5 4 9 4 T3 1 2 . 6 6 3 . 5 4 9 7 FW O L F F L A N D S C A P E . C O MP L A N N I N GL A N D S C A P E A R C H I T E C T U R EU R B A N D E S I G NW O L F F L A N D S C A P E A R C H I T E C T U R ENORTH - SOUTH LEVEL 1 SECTION1SCALE: 1/4" = 1'-0"N O R T H02'4'8'1'EAST - WEST LEVEL 1 SECTION2SCALE: 1/4" = 1'-0"N O R T H0 2' 4'8'1'SECTIONSL201368 of 413 6"DEPTH OFROOT BALLEXCAVATE TREE PIT TO BE 3 TIMES WIDERTHAN ROOT BALL DIAMETERROOTBALLMULTI-STEM SPECIMEN TREE (DO NOTPRUNE, STAKE, OR WRAP TREES UNLESSDIRECTED TO DO SO BY THE LANDSCAPEARCHITECT)3" DEPTH MULCH LAYER, AFTER SETTLEMENT,IN A 6' DIAMETER RING. DO NOT PLACEMULCH IN CONTACT WITH TREE TRUNKCROWN OF ROOT BALL FLUSH WITH FINISHGRADE LEAVING TRUNK FLARE VISIBLE ATTHE TOP OF ROOT BALLREMOVE ALL TWINE, ROPE, WIRE, BURLAP, ANDPLASTIC WRAP FROM TOP HALF OF ROOT BALL(IF PLANT IS SHIPPED WITH A WIRE BASKETAROUND THE ROOT BALL, CUT WIRE IN FOURPLACES AND FOLD DOWN 8" INTO PLANTINGHOLE)PLANTING MIXTURE BACKFILLTAMP PLANTING MIXTURE AROUND BASEAND UNDER ROOT BALL TO STABILIZE TREETREE WATERING BAG (SEE SPECIFICATIONS)INSTALL SAME DAY TREE IS PLANTED, BAG TOREMAIN ON TREE AND KEPT FULLTHROUGHOUT THE GROWING SEASONDURING FULL WARRANTY PERIODROOT BALL ON UNEXCAVATED OR TAMPEDSOILROUGHEN EDGES OF PLANTING PITUNEXCAVATED OR EXISTING SOILROOTBALLEXCAVATE SHRUB BED TO BE 3 TIMESWIDER THAN ROOT BALL DIAMETERDEPTH OF ROOTBALL6"SHRUB (DO NOT PRUNE, STAKE, ORWRAP SHRUBS UNLESS DIRECTED TO DOSO BY LANDSCAPE ARCHITECT)REMOVE ALL TWINE, ROPE, WIRE, BURLAPAND PLASTIC WRAP FROM TOP HALF OFROOT BALL (IF PLANT IS SHIPPED WITH AWIRE BASKET AROUND THE ROOT BALL,CUT WIRE IN FOUR PLACES AND FOLDDOWN 8" INTO PLANTING HOLE)CROWN OF ROOT BALL FLUSH WITHFINISH GRADE LEAVING TRUNK FLAREVISIBLE AT THE TOP OF THE ROOT BALL3" DEPTH MULCH LAYER, AFTER SETTLEMENT,TO EDGE OF PLANTING BED. DO NOTPLACE MULCH IN CONTACT WITH SHRUBPLANTING MIXTURE BACKFILLFINISH GRADEUNEXCAVATED OR EXISTING SOILROUGHEN EDGES OF PLANTING PITTAMP PLANTING MIXTURE AROUND BASEAND UNDER ROOT BALL TO STABILIZE SHRUBCAST IRON TREE GRATE, TYPICALEXTENT OF SOIL EXCAVATION ANDPLANTING MIX BACKFILLTAMPED PLANTING MIX AROUND BASEOF ROOT BALLUNEXCAVATED / UNDISTURBED SUBGRADE5'-0"SHADE TREE WITH STRONG CENTRALLEADER (DO NOT PRUNE, STAKE, ORWRAP TREES UNLESS DIRECTED TO DOSO BY THE LANDSCAPE ARCHITECT)TREE WATERING BAG (SEE SPECIFICATIONS)INSTALL SAME DAY TREE IS PLANTED, BAGTO REMAIN ON TREE AND KEPT FULLTHROUGHOUT THE GROWING SEASONDURING FULL WARRANTY PERIOD6" DEPTH OF ROOT BALL CURBBRICKFINISH GRADEORNAMENTAL GRASS / PERENNIALS /GROUNDCOVERRAISE FINISH GRADE OF PLANTINGBED 4" FOR ADEQUATE DRAINAGEPLANTING MIXTURE. SEE SOIL DEPTHCHARTUNEXCAVATED OR EXISTING SOIL1" DEPTH MULCH LAYER, AFTERSETTLEMENT, TO TOP DRESSPLANTING BED. DO NOT PLACEMULCH IN CONTACT WITH PLANTMATERIAL STEMSPRE-GROWN TRAY 12"WIDTH x 24" LENGTH, TYP.6" HT. ALUMINUM EDGERESTRAINTTOP OF STRUCTURAL SLAB, SEE ARCH.DRAINAGE LAYER, VERSICELL OR APPROVED EQUALFILTER FABRICMOISTURE RETENTION MAT4"-6"PROTECTION SHEET AND PVC MEMBRANEVARIESSEE PLANT LIST FOR PROPERSPACING OF PLANT MATERIALVARIES SEE PLANT LIST FOR PROPER SPACING OF PLANT MATERIAL METAL EDGE RESTRAINTPRECAST PAVERON PEDESTAL SYSTEMDRAINAGE LAYER (ENKADRAIN,VERCICELL OR SIMILAR)SEMPERGREEN SEDUM -MIX MAT 3/4"LIGHTWEIGHT PLANTING MEDIAPM 35 OR SIMILAR, 4" DEPTHSTRUCTURAL SLABFILTER FABRICMOISTURE RETENTION MATPROTECTION SHEET ANDPVC MEMBRANESHEET TITLEPROJECT NUMBERSEAL225 N Columbus Drive Suite 100Chicago, IL 60601T 1.312.881.5999F 1.312.469.8130www.bklarch.comb K L A R C H I T E C T U R E L L CGENERAL NOTES:BACDEFGH12345678910ISSUESREV # DATE DESCRIPTION1 1/25/2016ISSUE FOR SD3 0 7 N O R T H M I C H I G A N A V E N U ES U I T E 6 0 1C H I C A G O , I L L I N O I S 6 0 6 0 13 1 2 . 6 6 3 . 5 4 9 4 T3 1 2 . 6 6 3 . 5 4 9 7 FW O L F F L A N D S C A P E . C O MP L A N N I N GL A N D S C A P E A R C H I T E C T U R EU R B A N D E S I G NW O L F F L A N D S C A P E A R C H I T E C T U R ETREESPERENNIALS / GRASSES / GROUNDCOVER CODE BOTANICAL NAMECOMMON NAMECALHT SPRDROOTREMARKSPLANT LISTNOTE: QUANTITIES ON THE PLANT LIST ARE PROVIDED FOR INFORMATION ONLY. PLANT QUANTITIES UNDER THE CONTRACT ARE INDICATEDON THE PLANS. IN THE EVENT OF ANY DISCREPANCIES, THE CONTRACT SHALL BE BASED ON THE QUANTITIES SHOWN ON THE PLANS.SHRUBS QTYBPWCVWKBETULA POPULIFOLIA 'WHITESPIRE'WHITESPIRE BIRCH4 -B&BMULTI-STEM, 4-5 STEMS MINIMUM, SPRING DIG ONLYCRATAEGUS VIRIDIS 'WINTER KING'WINTER KING GREEN HAWTHORN3 3"B&BSINGLE STRAIGHT TRUNK, SPECIMEN QUALITY, SPRING DIG ONLY12' -- -WINTERGREEN LITTLELEAF KOREAN BOXWOODBUXUS MICROPHYLLA VAR. KOREAN 'WINTERGREEN'BMKW18"#3 3'-0" ON CENTER---MISSION ARBORVITAETHUJA OCCIDENTALIS 'TECHNY'TOT5'B&B AS NOTED AT PLANS---LAWNSODPOA PATENSIS 'BELLA'BELLA BLUEGRASSSODCPCAREX PENSYLVANICAPENNSYLVANIA SEDGEEFC EUONYMUS FORTUNEI 'COLORATUS'PURPLELEAF WINTERCREEPERPTPARTHENOCISSUS TRICUSPIDATABOSTON IVY1'-0" ON CENTER1'-0" ON CENTER1'-0" ON CENTER1-0" ON CENTERCTCLEMATIS TERNIFLORASWEET AUTUMN CLEMATISPQPARTHENOCISSUS QUINQUEFOLIAVIRGINIA CREEPERPAPOLYGONUM AUBERTIISILVER LACE VINE1'-0" ON CENTER1'-0" ON CENTER1'-6" ON CENTERSASESLERIA AUTUMNALISAUTUMN MOOR GRASSPVSPANICUM VIRGATUM 'SHENANDOAH'SHENANDOAH SWITCH GRASS1'-6" ON CENTERPAHPENNISETUM ALOPICUROIDES 'HAMELIN'HAMELIN DWARF FOUNTAINGRASSSPOROBOLUS HETEROLEPISPRAIRIE DROPSEEDMSMLMISCANTHUS SINENSIS ' MORNING LIGHT'MORNING LIGHT JAPANESE SILVER GRASS2'-0" ON CENTER2'-0" ON CENTER1'-6" ON CENTERSHCAKF CALAMAGROSTIS ACUTIFLORA 'KARL FOERSTER'KARL FOERSTER FEATHER REED GRASS1'-0" ON CENTERLMOF LAMIUM MACULATUM 'ORCHID FROST'ORCHID FROST SPOTTED DEAD NETTLE0'-10" ON CENTEREPM ECHINACEA PURPUREA 'MAGNUS'MAGNUS PURPLE CONEFLOWER1'-6" ON CENTERNFWLNEPETA FAASSENII 'WALKER'S LOW'WALKER'S LOW CATMINT1'-0" ON CENTERATASCLEPIAS TUBEROSABUTTERFLY WEED#11'-6" ON CENTERHSDHERMEROCALLIS 'STELLA DE ORO'STELLA DE ORO DAYLILY1'-6" ON CENTERLSKLIATRIS SPICATA 'KOBOLD'KOBOLD SPIKE GAYFEATHER1'-6" ON CENTER#1#1#1#1#1#1#1#1#1#1#1#1#1#1#1#1#1JUNIPERUS HORIZONTALIS 'PLUMOSA COMPACTA'YOUNGSTOWN ANDORRA JUNIPER2'-0" ON CENTERJPNJUNIPERUS PROCUMBENS 'NANA'DWARF JAPANESE ROCK GARDEN JUNIPERSBGSPIREA BUMALDA 'GOLDFLAME'GOLDFLAME SPIREASJLPSPIREA JAPONICA 'LITTLE PRINCESS'LITTLE PRINCESS JAPANESE SPIREASJNFSPIREA JAPONICA 'NEON FLASH'NEON FLASH JAPANESE SPIREAWFE WEIGELA FLORIDA 'ELVERA'MIDNIGHT WINE WEIGELA2'-0"JHPC2'-0" ON CENTER2'-0"2'-0" ON CENTER2'-0"2'-0" ON CENTER2'-0"2'-0" ON CENTER2'-0"2'-0" ON CENTER2'-0"------------- -- -- -- -- -- -GBAGGINKGO BILOBA 'AUTUMN GOLD'AUTUMN GOLD GINKGO-B&BSINGLE STRAIGHT TRUNK, SPECIMEN QUALITY2--- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- --SHRUB INSTALLATION DETAIL2SCALE: NOT TO SCALEDECIDUOUS TREE IN TREE GRATE DETAIL1SCALE: 1/2" = 1'-0"01' 2'4'4SCALE: NOT TO SCALE3SCALE: 1/2" = 1'-0"ORNAMENTAL GRASS, PERENNIAL, AND GROUNDCOVER INSTALLATION DETAILDECIDUOUS TREE INSTALLATION DETAIL01' 2'4'UCMGULMUS CARPINIFOLIA 'MORTON GLOSSY'TRIUMPH ELM-B&B5-SINGLE STRAIGHT TRUNK, SPECIMEN QUALITY6PLANT LISTAND DETAILSL3015GREEN ROOF INSTALLATION DETAIL - BUILT-UP SYSTEMGREEN ROOF INSTALLATION DETAIL - GREEN ROOF TRAYSCALE: 1" = 1'-0"SCALE: 1" = 1'-0"3"3"369 of 413 831 Emerson Planned Development Emails and Letters Received since 02/08/16 P&D Meeting 370 of 413 371 of 413 372 of 413 373 of 413 374 of 413 375 of 413 376 of 413 377 of 413 378 of 413 379 of 413 380 of 413 381 of 413 382 of 413 383 of 413 384 of 413 385 of 413 831 Emerson Planned Development Documents submitted by surrounding residents during and after Plan Commission hearing 386 of 413 387 of 413 388 of 413 389 of 413 390 of 413 391 of 413 392 of 413 393 of 413 394 of 413 395 of 413 396 of 413 397 of 413 398 of 413 399 of 413 APPROVED Page 1 of 7 Plan Commission Minutes 12/09/2015 MEETING MINUTES PLAN COMMISSION Wednesday, December 9, 2015 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, James C. Lytle Council Chambers Members Present: Jim Ford (Chair), Colby Lewis, Peter Isaac, Terri Dubin, Carol Goddard, Andrew Pigozzi, Simon Belisle, Members Absent: Patrick Brown, 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 Mario Treto, Assistant City Attorney Others Present: First Ward Alderman Judy Fiske and 8th Ward Alderman Ann Rainey 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: November 11, 2015 Commissioner Lewis made a motion to approve the minutes from November 11, 2015. Commissioner Goddard seconded the motion. A voice vote was taken and the minutes were approved unanimously. 3. NEW BUSINESS Chairman Ford explained the general meeting procedure, schedule, agenda 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. A. PLANNED DEVELOPMENT 15PLND-0092 400 of 413 APPROVED Page 2 of 7 Plan Commission Minutes 12/09/2015 Tim Anderson, CA/Focus Evanston JV, LLC, has applied for approval of a Planned Development with a rezoning from C1 Commercial to C1a Commercial Mixed Use and Special Use for a convenience store to construct a 14-story, 287-unit residential building with a 3,330 square foot ground floor commercial space and 145 parking spaces. The applicant seeks site development allowances for: number of dwelling units (287 units proposed where maximum 121 are allowed by Code), building height (145.5 feet proposed where maximum 67 is allowed by Code), floor area ratio (5.4 proposed where maximum 4.0 is allowed by Code), number of parking spaces (145 spaces proposed where 423 are required by Code), 2-foot rear yard setback for open parking along the north property line where minimum 10 feet is required, 0-foot side yard setback for open parking along the east property line where minimum 10 feet is required, and no landscaping buffer along the rear (north) property line where minimum 10-foot landscape buffer is required. In addition, the applicant may seek and the Plan Commission may consider additional Site Development Allowances as may be necessary or desirable for the proposed development. Commissioner Isaac alerted the Commission that he had been in contact with the City’s Corporation Counsel regarding a possible conflict of interest and it was determined that his participation on the Commission for this case would not present any conflict. Mr. Latinovic presented the staff report, followed by a brief presentation by representatives from Focus Development, CA Ventures, BkL Architecture and KLOA developers of the project. The building has a multi-level massing with the highest section on the west end of the property being 14 stories, the middle section being 12 stories and the east section being 9 stories. The developers of the project met with the community a total of three times to discuss the project, answer questions and address concerns regarding the project. Commissioner Pigozzi inquired about the material of the building and how the units would be heated and cooled. Mr. Tom Kerwin of BkL Architecture replied that the goal was to have the building fit in with the largely masonry buildings in the neighborhood. There will be vertical cooling adjacent to the building and no exposed ventilation or louvers on the building. Some rooftop units will be setback and screened from the street but may need sound attenuation. Commissioner Lewis asked how the building could be kept on the tax rolls and not be sold to Northwestern University. It was explained that past projects have been able to record a covenant bound with the title that would keep the property from becoming tax-exempt. The applicant agrees to the same type of covenant for this project. Commissioner Isaac asked for clarification on the height requirement reduction. Mr. Latinovic responded that Design and Project Review Committee’s comments focused on the tallest portion of the building and a one to three story reduction was discussed that would keep the step-down design of the building. Mr. Isaac then asked if the CTA right-of-way would be required for the development and if the plan would be included 401 of 413 APPROVED Page 3 of 7 Plan Commission Minutes 12/09/2015 in approved Council documents. Mr. Latinovic replied that the right-of-way access is needed for the development and the current agreement for the property was submitted as port of the Planned Development application. Plans will be included as an exhibit to the Ordinance if the project is approved. Commissioner Goddard asked about remediation plans for the site. Mr. Justin Pelej and Mr. Kerwin explained that an environmental assessment was included in the application submitted and the consultant can submit a memo regarding the remediation. A brief discussion followed regarding extent of contamination, using parking areas as means of soil excavation and capping for the site. Chairman Ford opened up the hearing for public comment. A resident asked how the building management and unit rents will be set up. Dan Hrankowski and Struan Robertson of CA Ventures explained that there will be on-site management during business hours and on-site staff living on the property and the rents will be from $1000/bed to $1500/bed depending on unit size and location in the building. Rent would include all water, sewer, trash and furniture for the units. Studios would be approximately 350 sq. ft. Ms. Tina Paden, resident, inquired about the affordable housing component, details on the traffic study and improvements to the infrastructure and lighting that could be made. Mr. Pelej stated that the specific benefits and inclusionary housing are still to be finalized. The project will repave the alley and repair any infrastructure post construction as needed. Mr. Luay Aboona of KLOA added that a traffic study was completed and covered intersections near the site. Assumptions were made that majority of residents would not have vehicles and use local transit options similar to current neighborhood residents per Census data. A community resident asked if new bike lanes would be added on Emerson and if pedestrian traffic was included in the traffic study. Mr. Aboona stated that Emerson is a designated bike lane and the Traffic Study took this into consideration. He continued, explaining that the proposed project will be reducing commercial automobile traffic so it is believed there will be less impact on the alley to the east Ms. Diane Petersmark, resident, inquired about pedestrian traffic included in the traffic study. Pedestrians, along with bicycles and vehicles were included as well as recommendations for enhanced crosswalks. Ms. Liz Luby and Andrea Karoff, residents, asked if there was data showing the need for more housing choices for students. Mr. Pelej stated that the market study provided determined that no product like what is proposed is currently available and this provides a better more affordable option in the market. Diane Keely, resident, asked if there were spaces left for lease in the Maple Avenue garage. Commissioner Isaac then asked how the maintenance of the leased parking spaces would be enforced. A brief discussion followed addressing the number of available 402 of 413 APPROVED Page 4 of 7 Plan Commission Minutes 12/09/2015 spaces, how spaces are leased for private developments and how adjustments can be made to the lease if it is shown the required parking is not needed. First Ward Alderman Judy Fiske stated that available parking space numbers include recently approved developments in the downtown area but that a study should be done to anticipate how much parking the downtown performing arts center will need. Blair Layton, resident, stated that she would prefer to see affordable housing in the area and asked for clarification of where outdoor garden or balcony space would be. Rosemary Powers, resident, asked about the width of the west alley and indicated that due to traffic turning onto or off of Emerson a sign may be needed under the viaduct people of the lot entrance location. She then asked for clarification on the bed leasing process. Lease agreements are done by bid process and place responsibility of leases on individual tenants versus all tenants in a unit. A two foot buffer in the rear yard was discussed as not being significant enough between the proposed property and the parking behind the property. Will Laustic, resident, asked how does precedent of using Emerson boundary address future sprawl into the community. Mr. Latinovic explained that the Comprehensive Plan calls for higher density closer to transit stops. Higher density residential zoning districts allow for buildings of a greater height. Commissioner Lewis inquired about the difference between C1 and C1a. Mr. Latinovic answered that C1 does not allow for residential use while the C1a allows for commercial and residential uses. Mr. Don Colley, resident, inquired about the wording of multi-family for the development and how the affordable housing fund can be used. He also voiced concern that so much higher cost rental property is being built and pulling density away from downtown. Sue Lafferty and Patrice Merchant, residents, asked for clarification on permit parking and the legality of prohibiting building residents from purchasing street parking permits. Mr. Treto replied that it is legal to do so and Mr. Pelej clarified that it was agreed during the previous community meetings that residents of the development would be prohibited from obtaining street parking permits. Naomi Fisher, resident, asked if the tower is predicated on competing with E2 and would the new building be risking a detriment to existing housing. Justin Pelej stated the intention was not to build to become competition but sought to differentiate from the E2 building as much as possible. Commissioner Isaac asked if the developers intended to pull students from existing housing stock and if this would create a cumulative effect in the neighborhood. Alderman Fiske stated Northwestern University will be requiring all freshman and sophomore students to live on campus in 2017. She then suggested that the developers speak with Alderman Delores Holmes to reach out to residents in her 403 of 413 APPROVED Page 5 of 7 Plan Commission Minutes 12/09/2015 Ward near the site. The developers replied that they were aware of the Northwestern housing plans and would be in contact with the Alderman. Ms. Paden, resident, asked if there was any plan to apply for a vacation rental and questioned the legality of preventing Northwestern University from purchasing the building once it is completed. Mr. Robertson answered that there is no intention to apply for a vacation rental permit as no need has been determined to do so. Mr. Treto reiterated that a document can be drafted that prohibits the sale of the building to an entity that would be tax free. Ms. Katie Jahnke-Dahle, attorney for the applicant, added that the document could use language stating that the owner must pay taxes but that it could not restrict Northwestern University from purchasing the building. Alderman Fiske asked for staff to check on whether or not the state charter trumps any covenants that may be created. Chairman Ford suggested a 10 minute break at 9:25 p.m. The public hearing reconvened at 9:35 p.m. Ms. Regina Henry, resident, stated that the site being outside of the Emerson Street boundary puts it outside of the downtown area guidelines. She continued, stating that she does not feel the HUD building to the east or graduate student housing building to the west should be points for comparison and the density for the site is too high. Mr. Ford stated that a continuance had been requested in writing during break and that the hearing would go to 10:00 PM and likely be continued at the January 13, 2016 Plan Commission meeting. Jack Stern, resident, suggested that traffic in the east alley be given more attention and stated that the height of the building is out of scale with the surrounding neighborhood. Ms. Petersmark, resident, questioned the use of transit oriented development due to many students walking and biking, not taking nearby transportation. She also suggested relocating the patio. Mr. Cullen, resident, stated that there needs to be a quality public realm suitable for everyone in the community. Pat Brown, resident, reiterated the idea of TOD should not be centered on students but more for professionals or young families. Commissioner Lewis made a motion to continue the item to the January 13, 2015 Plan Commission meeting for additional public comment and Commission deliberation. Commissioner Goddard seconded the motion. Commissioner Pigozzi requested that the developer provide final building height information with renderings showing updated design, guardrail information for the amenity deck and details on the penthouse showing it will be concealed on the 404 of 413 APPROVED Page 6 of 7 Plan Commission Minutes 12/09/2015 rooftop. Commissioner Belisle added the need for more affordable housing contribution information and consideration of other tenants for the first floor commercial space. The motion was approved unanimously, 7-0. Ayes: Commissioners Lewis, Dubin, Goddard, Pigozzi, Isaac, Belisle and Chairman Ford Nays: None 4. OTHER BUSINESS A. 2016 PLAN COMMISSION SCHEDULE Commissioner Belisle made a motion to recommend approval of the 2016 Calendar. Commissioner Lewis seconded the motion. The motion was approved unanimously, 7-0. Ayes: Commissioners Lewis, Dubin, Goddard, Pigozzi, Isaac, Belisle and Chairman Ford B. ELECTION OF CHAIR, VICE-CHAIR, and APPOINTMENTS OF LIAISONS AND ZONING COMMITTEE MEMBERS Commissioner Goddard made a motion to nominate Jim Ford as Chairman of the Plan Commission. Commissioner Lewis seconded the motion. A voice vote was taken and the motion was approved 6-0-1. Chairman Ford abstained. Commissioner Goddard made a motion to nominate Colby Lewis as Vice-Chairman of the Plan Commission. Commissioner Dubin seconded the motion. A voice vote was taken and the motion was approved 6-0-1. Commissioner Lewis abstained. Chairman Ford stated that appointment of liaisons and Zoning Committee members will be voted on at the second January 27, 2016 meeting. 5. PUBLIC COMMENT No public comment was received. 6. ADJOURNMENT There being no further discussion, Commissioner Belisle made a motion to adjourn the meeting. Commissioner Isaac seconded the motion. 405 of 413 APPROVED Page 7 of 7 Plan Commission Minutes 12/09/2015 A voice vote was taken and the motion was approved by voice call 7-0. The meeting was adjourned at 10:00 pm. Respectfully Submitted, Meagan Jones Neighborhood and Land Use Planner Community Development Department 406 of 413 Approved 02/10/2016 Page 1 of 7 Plan Commission Minutes 1/13/2016 MEETING MINUTES PLAN COMMISSION Wednesday, January 13, 2016 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, James C. Lytle Council Chambers Members Present: Jim Ford (Chair), Colby Lewis, Peter Isaac, Terri Dubin, Carol Goddard, Andrew Pigozzi, Simon Belisle, Members Absent: Patrick Brown, 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 Mario Treto, Assistant City Attorney Rodney Green, City Clerk Others Present: First Ward Alderman Judy Fiske Presiding Member: Jim Ford, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM Chairman Ford called the meeting to order at 7:02 P.M. 2. APPROVAL OF MEETING MINUTES: December 9, 2015 Commissioner Lewis made a motion to approve the minutes from December 9, 2015. Commissioner Goddard seconded the motion. A voice vote was taken and the minutes were approved unanimously. 3. OLD BUSINESS Chairman Ford explained the general meeting procedure, schedule, agenda item, time limits on public testimony and opportunities for cross examination of witnesses. Chairman Ford concluded by saying that the Plan Commission forwards a recommendation to the City Council which makes the final determination on any matters discussed by the Plan Commission. A. PLANNED DEVELOPMENT 15PLND-0092 407 of 413 Approved 02/10/2016 Page 2 of 7 Plan Commission Minutes 1/13/2016 Tim Anderson, CA/Focus Evanston JV, LLC, has applied for approval of a Planned Development with a rezoning from C1 Commercial to C1a Commercial Mixed Use and Special Use for a convenience store to construct a 14-story, 287-unit residential building with a 3,330 square foot ground floor commercial space and 145 parking spaces. The applicant seeks site development allowances for: number of dwelling units (287 units proposed where maximum 121 are allowed by Code), building height (145.5 feet proposed where maximum 67 is allowed by Code), floor area ratio (5.4 proposed where maximum 4.0 is allowed by Code), number of parking spaces (145 spaces proposed where 423 are required by Code), 2-foot rear yard setback for open parking along the north property line where minimum 10 feet is required, 0-foot side yard setback for open parking along the east property line where minimum 10 feet is required, and no landscaping buffer along the rear (north) property line where minimum 10-foot landscape buffer is required. In addition, the applicant may seek and the Plan Commission may consider additional Site Development Allowances as may be necessary or desirable for the proposed development. Chairman Ford alerted the Commission and the public that Commissioner Brown had recused himself due to possible business conflicts. He then stated that a continuance had been granted and no additional continuance could be granted unless requested from the Commission. Chairman Ford invited Mr. Justin Pelej, representative for the applicant, to present updates on the proposed planned development. The updates include: a reduction in the building height, resulting in a step-down height of 12-11-9; reduction in the number of units to 267; the addition of 3 parking spaces that encroach slightly into the west easement; addition of a 2 foot landscape strip on the north end of the development site; and an updated building design . He then briefly reviewed some of the public benefits. Mr. Latinovic then summarized the updated site development allowances and stated that staff’s previous recommendation which included the condition of a reduced building height has been adjusted to exclude that condition. Chairman Ford alerted Commissioners that a petition had been filed. Clerk Greene accepted the petition. He then asked if Commissioners had any questions regarding the new information. Commissioner Belisle asked what the affordable housing contribution will mean. Mr. Latinovic responded that the developer’s contribution will go into the affordable housing fund and a separate Commission will review where the funds are to allocated. There being no further questions from the Commission, Chairman Ford invited questions from the public on the new information presented. A community resident asked if the court would uphold a covenant if a nonprofit purchases the property in the future. Mr. Treto answered that the Northwestern University charter affords them a tax exempt status. The covenant would likely uphold 408 of 413 Approved 02/10/2016 Page 3 of 7 Plan Commission Minutes 1/13/2016 but cannot promise in perpetuity. Some language could be incorporated into the covenant and agreement that would provide for a payment in lieu of taxes and that would be recorded with the Cook County Recorder of Deeds. Commissioner Lewis asked if the City would collect taxes on the property on an ongoing basis. Mr. Treto responded that an ongoing payment in lieu of a tax would be collected. Ms. Katie Janke Dahle added that a covenant could be recorded and an annual contribution would be calculated at a later date. She continued stating that the developer is comfortable accepting the precedent. Commissioner Isaac stated that the Mather development undertook the payment in lieu of taxes voluntarily and this instance would be different given that Mather might be a nonprofit organization. A short discussion followed regarding what taxing bodies could be affected. A community resident stated that there were shadows cast onto the Symphony building behind the development site by the building that currently sits there. He wished to send these photos to the Commissioners. He then inquired about the inclusion of sublets in the lease terms and possible use as vacation rentals and asked that the Commission and Council take a closer look at pedestrian and vehicle line of sight. Mr. Pelej responded that any significant changes in use to the property would trigger an amendment to the planned development and would need Council approval. If any vacation rentals are proposed in the future they would also require Council approval. A resident asked if the plan to rent parking spaces provides guaranteed use of the parking lot going forward. Chairman Ford answered that during the last meeting, it was clarified that the parking garages were built with the intention to have some spaces rented out for surrounding development use. Mr. Latinovic added that the parking agreements that would be in place would guarantee leased parking spaces through the life of the agreement. Patricia Coughlin, resident, stated her objections to the density and nature of the proposed development. Liz Luby, resident, stated that she objects to the project due to potential residents and the ability to rent by bed. She stated she had correspondence with Mr. Riel, Executive Director of Residential Services for Northwestern University who explained to her that Northwestern has no involvement in the project and has a 10 year residential plan for its students. She suggested the project be built for seniors. Anastacia Warenberg, resident, expressed concern of unsupervised students, noise complaints, increased foot traffic and possible water run-off in the rear of the building. Bob Brauer, resident, expressed that the Evanston community was once one of home ownership but is changing towards rental use. He indicated that there is less risk for the Commission than there is for home owners adjacent to the proposed development. Expressed concern for granting larger number of variances and the precedent it may cause. 409 of 413 Approved 02/10/2016 Page 4 of 7 Plan Commission Minutes 1/13/2016 Jessica Feldman, resident, expressed concern that environmental cleanup proposed was listed by the developer as a benefit when it is a requirement to complete. Bruce Enenbach, resident, stated that leases by bed makes the development appear more like a rooming house. A short discussion followed clarifying regulations that make a residence a rooming house. Tina Paden, resident, stated that her building suffered damages due to the construction of the E2 buildings and there are too many buildings being placed on Emerson, causing increased traffic. She then inquired how property taxes would be affected by the new development and if there would be payments for new infrastructure. Carliss Sutton, resident, expressed his concerns for gentrification, stating that the developers are not sensitive to the concerns of the citizens and have not provided plans to address infrastructure, traffic and quality of life. Lowell Ostick, resident, stated that renting in the garage is not a benefit for the public and that bike lanes on Emerson Street would be detrimental to traffic. He stated consideration should also be given to scooters, skate boards and other forms of transportation. Michael Gelbort, resident, expressed concerns over the number and type of variations being given. Barbara Bernsen, resident, presented a letter to the Commission and expressed multiple concerns regarding the project including parking and density on the site. Barbara Pearson, resident, expressed a concern for the precedent that would be set if the requested variations are granted. Regina Henry, resident, stated that petitions had been filed with the City Clark and that multiple meetings that have been held, no one expressed support for the project. Liz Luby checked to ensure that the Commission received copies of the correspondence she had with Mr. Riel at Northwestern University and Bill Hubert, a neighbor. Chairman Ford replied that the Commissioners had indeed received copies of the correspondence. Don Schollenberger, resident, suggested that the proposed project would be better suited in Lincoln Park, the Gold Coast or in the South Loop areas of Chicago. H e then inquired as to when the Code was last updated. Mr. Latinovic clarified that while the full Code was revamped in 1993, there are constant text amendments to the Code. Mr. Pelej presented a closing statement expressing that he appreciates how passionate the people of Evanston are and that his team has worked to adjust the planned development to address concerns that have been brought up throughout the process. 410 of 413 Approved 02/10/2016 Page 5 of 7 Plan Commission Minutes 1/13/2016 Chairman Ford closed the public comment portion of the hearing at 8:19. Chairman Ford then stated that there are 3 decisions the Commission could make: to recommend approval of the project as presented, to recommend approval of the project with conditions or to recommend denial of the project. Commission Lewis clarified that the changes being made are as C1 and not C1a He then stated that the development is proposing unusually sized units which are being leased in a different way. Comparables are not a similar comparison due to this. He indicated that leads to questions of what happens to the building should the proposed use not pan out. John Deitrich, representative for the applicant, stated that they looked at other markets and that while smaller than others, in Evanston, the market shows demand for this type of residences. Chairman Ford stated that there is an assumption of 50% student use but much of the language seems to aim more for 100% student use. Mr. Deitrich responded that they cannot discriminate against a specific demographic but he believes the building amenities offered will also appeal to young professionals. Chairman Ford asked if there could be a provision that would allow renting by unit instead of by bed. Mr. Dietrich responded that if there was an individual or couple who wished to lease a whole unit, that is definitely possible. Commissioner Goddard inquired about the age of the developers existing buildings. Mr. Dietrich responded that the first high-rise building was completed in 2008 in Champaign, Illinois. Chairman Ford inquired about what markets with similar demographics were considered for comparison. Mr. Deitrich stated that a development in Madison, Wisconsin is currently under construction and is 15% leased pre-construction. Commissioner Pigozzi stated that the concerns he raised during December’s meeting had been answered. Commissioner Lewis asked how stormwater on the property would be handled. Mr. Pelej stated that a larger strormwater detention system vault will be installed to control drainage. The current site is impervious. Commissioner Lewis inquired if the “brothel” law was applic able. Mr. Latinovic clarified that the regulation in question referred to having no more than 3 unrelated as a family in one unit. That regulation would apply to each unit within the building. Commissioner Isaac stated that after having listened to objections, he drove around and looked at aerials of the site. He suggested that the developers of the site and the neighbors, Sherman Gardens, work together for additional, secured parking and to possibly address other concerns mentioned. Commissioner Lewis stated that density should be considered as it goes over both lots. 411 of 413 Approved 02/10/2016 Page 6 of 7 Plan Commission Minutes 1/13/2016 Commissioner Dubin inquired about G Parking Districts and whether or not parking permit restrictions would be an issue in areas where the restrictions are lifted after a particular time. Mr. Latinovic replied that there would be a restriction that residents are not eligible to purchase parking permits. Generally, parking restrictions on any block can be revisited and revised from time to time on a case by case basis. Commissioner Lewis brought up the concern of Emerson Street acting as the boundary and the proposed development jumping over that boundary. Commissioner Goddard expressed concern that if the property is kept as C1 that no redevelopment would occur. Commissioner Dubin stated that she did not see Emerson Street as a boundary but more as a corridor. She is more concerned with what development occurs north of the corridor. Commissioner Pigozzi expressed that he believed developments should be considered on a case-by-case basis. He continued, indicating that the site is limited in what would be attractive and that allowing variations would not be a leap though it is a big change. He shared that he preferred the original design and does not believe that the Plan Commission is charged with offering suggestions for use. He also acknowledged the work done by the applicant and stated that concerns of neighbors are valid. Commissioner Belisle stated that the design has a slightly blander look and that the rendering of the eastern portion of the building confuses the proposed height in relation to neighboring structures. Commissioner Ford stated that the downtown border is unofficially on Emerson Street, however, with buildings on the north side of the street holding that line is difficult to do and that the border should actually be on the north property lines along Emerson. The Commission then discussed possible public benefits, reviewed the standards for approval of the project and found that they had been met. Commissioner Pigozzi made a motion to recommend approval of the rezoning, special use and planned development for 831 Emerson subject to the 11 conditions set forth in the staff recommendation. Commissioner Goddard seconded the motion. The motion was approved unanimously, 7-0. Ayes: Commissioners Lewis, Dubin, Goddard, Pigozzi, Isaac, Belisle and Chairman Ford Nays: None 4. PUBLIC COMMENT No public comment was received. 412 of 413 Approved 02/10/2016 Page 7 of 7 Plan Commission Minutes 1/13/2016 5. ADJOURNMENT There being no further discussion, Commissioner Dubin made a motion to adjourn the meeting. Commissioner Belisle seconded the motion. A voice vote was taken and the motion was approved by voice call 7-0. The meeting was adjourned at 9:15 pm. Respectfully Submitted, Meagan Jones Neighborhood and Land Use Planner Community Development Department 413 of 413