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Home My WebLink Aboutccpacket20151026 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, October 26, 2015 Administration & Public Works (A&PW) Committee meets at 6 p.m. Planning & Development (P&D) Committee 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 Wynne (II) Mayor Public Announcements (III) City Manager Public Announcements NorthShore University Health System Donation for the Rethink Your Drink Public Awareness Campaign Community Health Status Assessment Survey Report (IV) Communications: City Clerk (V) Public Comment Members of the public are welcome to speak at City Council meetings. As part of the Council agenda, a period for public comments shall be offered at the commencement of each regular Council meeting. Those wishing to speak should sign their name and the agenda item or non- agenda topic to be addressed on a designated participation sheet. If there are five or fewer speakers, fifteen minutes shall be provided for Public Comment. If there are more than five speakers, a period of forty-five minutes shall be provided for all comment, and no individual shall speak longer than three minutes. The Mayor will allocate time among the speakers to ensure that Public Comment does not exceed forty-five minutes. The business of the City Council shall commence forty-five minutes after the beginning of Public Comment. Aldermen do not respond during Public Comment. Public Comment is intended to foster dialogue in a respectful and civil manner. Public comments are requested to be made with these guidelines in mind. (VI) Special Order of Business: Harley Clarke Mansion (VII) Consent Agenda: Alderman Rainey 1 of 288 City Council Agenda October 26, 2015 Page 2 of 8 (VIII) Report of the Standing Committees Administration & Public Works - Alderman Rainey Planning & Development - Alderman Holmes Human Services - Alderman Grover (IX) Call of the Wards (Aldermen shall be called upon by the Mayor to announce or provide information about any Ward or City matter which an Alderman desires to bring before the Council.) {Council Rule 2.1(10)} (X) Executive Session (XI) Adjournment SPECIAL ORDER OF BUSINESS (SP1) Continuation of Discussion on Next Steps for Harley Clarke Property Staff recommends that the City Council receive and file this report on proposals for the future of the Harley Clarke Mansion and provide direction to staff. For Action CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting of October 12, 2015 (M2) Approval of Minutes of the Regular City Council Meeting of October 19, 2015 For Action ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through October 4,, 2015 $2,694,297.38 (A2) FY2015 City of Evanston Bills – October 27, 2015 $3,430,771.20 For Action (A3.1) Approval of Contract for the Washroom Renovation at Levy Senior Center with Construction Consulting & Disbursement Services (Bid 15-59) Staff recommends City Council authorize the City Manager to execute a contract for the Washrooms Renovation at Levy Senior Center (Bid 15-59) with Construction Consulting & Disbursement Services (5836 Lincoln Ave., Morton Grove, IL), in the amount of $45,530. Funding is provided by the Capital Improvement Program (Account 415.26.415.65515 – 415602). This project was budgeted at $84,000 in FY 2015. For Action 2 of 288 City Council Agenda October 26, 2015 Page 3 of 8 (A3.2) Approval of Funding Request for First Night Evanston Staff recommends that the City Council consider the request for funding in the amount of $5,000 from Emily Guthrie of First Night Evanston. Funding is provided by the Economic Development Fund, Account 225.21.5300.65525. For Action (A4.1) Approval of Change Order No. 1 for 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. 1 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 $39,744.45, increasing the contract amount from $141,720 to $181,464.45. Funding is from the Water Fund (Account 513.71.7330.65515 – 733092). For Action (A4.2) Approval of Change Order No. 1 for Repair and Repainting of North and South Standpipes (Bid 15-03) Staff recommends that City Council authorize the City Manager to execute Change Order No. 1 for the repair and repainting of North and South Standpipes with American Suncraft Company, Inc. (10836 Schiller Road, Medway, OH). This change order will extend the contract duration by 32 days from November 19, 2015 to December 21, 2015. There will be no change to the current contract amount of $3,271,043. For Action (A5) Resolution 96-R-15, Contract Extension with Groot Industries for Solid Waste Collection Staff recommends City Council adoption of Resolution 96-R-15 authorizing the City Manager to execute contract amendments to waste services agreements with Groot Industries (2500 Landmeier Road, Elk Grove Village, IL) and to renew these agreements. The residential solid waste and yard waste collection amendments authorize a contract extension for a (2) two-year period, with the City’s option to renew for three additional one-year terms. The Municipal Solid Waste Franchise amendment is for a (5) five-year period. All agreements include a decrease in monthly cost for the first year. For Action (A6) Resolution 63-R-15, Authorizing the City Manager to Negotiate and Execute a Parking Agreement with Youth & Opportunity United, Inc. for Usage of Parking Lot Located at 1623 Dodge Avenue Staff recommends City Council adoption of Resolution 63-R-15, authorizing the City Manager to negotiate and execute a Parking Agreement with Youth & Opportunity United, Inc. (Y.O.U.) for usage of the parking lot at 1623 Dodge Avenue, while their new facility is under construction. For Action 3 of 288 City Council Agenda October 26, 2015 Page 4 of 8 (A7) Resolution 98-R-15; Approving Release of Certain Closed Session Minutes Staff recommends that City Council adopt Resolution 98-R-15 releasing the closed session meeting minutes listed on Exhibit A and finding that a need still exists for confidentiality as to the minutes on Exhibit B. The City is furthering its efforts to provide access to information and openness in government through the appropriate release of closed session minutes of the City Council. For Action (A8) Ordinance 42-O-15, Gender Neutral Restroom Signage Staff recommends City Council adoption of Ordinance 42-O-15 that would require all applicable public restroom facilities be designated by signage that the facilities are for men, women or are gender neutral. The proposed ordinance also amends the 2012 International Building Code to include definitions for multi occupancy, single occupancy and gender neutral restrooms. For Introduction (A9) Ordinance 140-O-15: Grove Street Parking Prohibited The Transportation/Parking Committee and staff recommend that the City Council adopt Ordinance 140-O-15, amending Section 10-11-8, Schedule XIII (A), which prohibits parking at all times to include Grove Street, south side, Wesley Avenue to Ashland Avenue. Suspension of the Rules is requested for Introduction and Action on October 26, 2016. For Introduction and Action (A10) Ordinance 141-O-15: Grove Street Residents Only Parking The Transportation/Parking Committee and staff recommend that the City Council adopt Ordinance 141-O-15, creating Subsection 10-11-18, Schedule XVIII (M1): Parking prohibited between the hours of 8:00 A.M. and 6:00 P.M. Monday through Saturday, except national holidays upon the following designated streets or portions thereof Grove Street, both sides, Asbury Avenue west to the first alley, by all vehicles not bearing a valid permit for the district. Suspension of the Rules is requested for Introduction and Action on October 26, 2016. For Introduction and Action (A11) Ordinance 125-O-15, Authorizing the City to Borrow Funds from the Illinois Environmental Protection Agency Water Pollution Control Loan Program Staff recommends City Council adoption of Ordinance 125-O-15 authorizing the City to borrow up to $1,100,000 from the Illinois Environmental Protection Agency (IEPA) Water Pollution Control Loan Program for the construction of the Large Diameter Sewer Rehabilitation on the Mulford Street right-of-way extension west of Dodge Avenue, and authorizing the City Manager to execute the loan agreement with the IEPA. Debt service will be paid from the Sewer Fund. This ordinance was introduced at the October 12, 2015 City Council meeting. For Action 4 of 288 City Council Agenda October 26, 2015 Page 5 of 8 (A12) Ordinance 127-O-15, Decreasing the Number of Class D Liquor Licenses for Italian Kitchen, Ltd. d/b/a Dave’s Italian Kitchen, 1635 Chicago Avenue Staff recommends City Council adoption of Ordinance 127-O-15, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to decrease the number of authorized Class D liquor licenses from fifty-one (51) to fifty (50). Italian Kitchen, Ltd., d/b/a Dave’s Italian Kitchen (“Company”), 1635 Chicago Avenue, is not renewing its liquor license. This ordinance was introduced at the October 12, 2015 City Council meeting. For Action (A13) Ordinance 128-O-15, Decreasing the Number of Class D Liquor Licenses for DMK Ventures – Noyes Street, LLC d/b/a DMK Burger & Fish, 815 Noyes Street Staff recommends City Council adoption of Ordinance 128-O-15, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to decrease the number of authorized Class D liquor licenses from fifty (50) to forty-nine (49). DMK Ventures – Noyes Street, LLC, d/b/a DMK Burger & Fish (“Company”), 815 Noyes Street, is not renewing its liquor license. This ordinance was introduced at the October 12, 2015 City Council meeting. For Action PLANNING & DEVELOPMENT COMMITTEE (P1) Ordinance 132-O-15, Granting a Special Use for an Educational Institution, Beacon Academy, at 1560 Sherman Avenue The Zoning Board of Appeals and City staff recommend adoption of Ordinance 132-O-15 granting a special use permit for an Educational Institution - Private, Beacon Academy, in the D3 Downtown Core Development District. The applicant has complied with all zoning requirements, and meets all of the standards for a special use for this district. Suspension of the Rules is requested for Introduction and Action on October 26, 2016. For Introduction and Action (P2) Ordinance 135-O-15 Granting Major Zoning Relief for Parking at 309-323 Howard Street The Zoning Board of Appeals and City staff recommend approval of Ordinance 135-O-15 granting major zoning relief for zero parking spaces where twelve parking spaces are required for the conversion of second floor office space into nine dwelling units at 309-323 Howard Street. The applicant has complied with all other zoning requirements, and meets the standards for variations. For Introduction 5 of 288 City Council Agenda October 26, 2015 Page 6 of 8 (P3) Ordinance 133-O-15, Granting a Special Use for a Type 2 Restaurant, Harold’s Chicken & Fish, at 337 Howard Street The Zoning Board of Appeals and City staff recommend adoption of Ordinance 133-O-15 granting a special use permit for Type 2 Restaurant, Harold’s Chicken & Fish, in the B3 Business District. The applicant has complied with all zoning requirements, and meets all of the standards for a special use for this district. For Introduction (P4) Ordinance 134-O-15 Granting Major Zoning Relief for One Open Parking Space at 839 Hartrey Avenue The Zoning Board of Appeals and City staff recommend denial of Ordinance 134- O-15 granting major zoning relief for one open parking space in the front yard with street access where alley access is present. 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 compliant alley access and parking spaces. For Introduction (P5) Ordinance 60-O-15, Amendments to the Inclusionary Housing Ordinance Staff recommends City Council adoption of Ordinance 60-O-15, Amendments to the Inclusionary Housing Ordinance (IHO). The Ordinance covers all new developments with five or more units within Transit Oriented Development (TOD) areas and ten or more units outside of TOD areas. It applies to for sale and rental developments, and condo conversions, and requires a minimum 10% of affordable units on site, or a fee in lieu of $100,000 per unit if the development is within a TOD area or $75,000 per unit if outside of a TOD area. If the affordable units are provided on site, the developer would be entitled to density bonuses and reduction in parking requirements. At the June 8, 2015 Planning and Development Committee meeting, the Committee directed staff to organize a community meeting to gather feedback from all stakeholders. A community meeting was held on June 29, 2015 for this purpose For Introduction (P6) Ordinance 120-O-15, Zoning Ordinance Text Amendment for Payday Loan Establishments The Plan Commission and staff recommend City Council adoption of Ordinance 120-O-15, a Zoning Ordinance Text Amendment to clarify the existing distance requirement between Payday Loan and Consumer Loan Establishments. The proposed amendment will make it easier for potential businesses to learn about the distance requirement at the same time they find out in which district the use is allowed, which currently is only the C2 Commercial District. This ordinance was introduced at the October 12, 2015 City Council meeting. For Action 6 of 288 City Council Agenda October 26, 2015 Page 7 of 8 (P7) Ordinance 121-O-15 Zoning Ordinance Text Amendment Regarding Height Requirements for Planned Developments in the D3-Downtown Core Development District The Plan Commission and staff recommend City Council adoption of Ordinance 121-O-15, a Zoning Ordinance Text Amendment to specify that, for planned developments in the D3 District, the height of up to four (4) stories (or 40 feet, whichever is less) of parking levels may be excluded from the calculation of building height to match the current regulations in other downtown zoning districts. This ordinance was introduced at the October 12, 2015 City Council meeting. For Action ECONOMIC DEVELOPMENT COMMITTEE (O1) Resolution 100-R-15, Evanston Small Business Workforce Development Program Funding Staff and the Economic Development Committee recommend City Council adopt Resolution 100-R-15 authorizing the City Manager to administer the Small Business Workforce Development Program. This will authorize creation of the Evanston Small Business Workforce Development Program and provide funding totaling $24,000 for the remainder of 2015. The program would launch on November 2, 2015. Funding is provided by The Economic Development Fund’s Business Retention/Expansion Fund (Account 225.21.5300.62662). . For Action APPOINTMENTS (APP1)For Appointment To: 911-Emergency Telephone System Board Daniel Lipson Environment Board Jerri Garl Environment Board Scott Osborne Preservation Commission Robert Bady 7 of 288 City Council Agenda October 26, 2015 Page 8 of 8 MEETINGS SCHEDULED THROUGH NOVEMBER 2015 Upcoming Aldermanic Committee Meetings Wed, Oct 28 6 pm Transportation/Parking Committee Wed, Oct 28 7:30 pm Economic Development Committee Mon, Nov 2 6 pm Rules Committee Mon, Nov 2 7:30 pm Human Services Committee Mon, Nov 9 6 pm A&PW, P&D, City Council meetings Mon, Nov 16 7 pm City Council meeting (if needed for budget) Tues, Nov 17 7 pm Housing & Community Dev Act Committee Wed, Nov 18 6 pm Transportation/Parking Committee Wed, Nov 18 6:30 pm M/W/EBE Advisory Committee Wed, Nov 18 7:30 pm Economic Development Committee Fri, Nov 20 7 am Housing & Homelessness Commission Mon, Nov 23 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. 8 of 288 For City Council meeting of October 26, 2015 Item SP1 Discussion of Next Steps for Harley-Clarke Property For Discussion To: Honorable Mayor and Members of the City Council From: Wally Bobkiewicz, City Manager Subject: Continuation of Discussion on Next Steps for Harley Clarke Mansion Date: October 21, 2015 Recommended Action: Staff recommends that the City Council receive and file this report on proposals for the future of the Harley Clarke Mansion and provide direction to staff. Summary: At the October 12, 2015 City Council meeting, discussion continued on proposed uses for the Harley Clarke property. After discussion of potential future uses of the property, the item was held by the City Council until the October 26, 2015 meeting. Since that meeting, I have worked with both Alderman Wilson and Alderman Grover on their efforts to prepare proposals for potential future use of the property for City Council discussion. Proposals from each Alderman are attached to this memorandum. Since the October 12, 2015 meeting, staff from the Community Development, Parks, Recreation, and Community Services, and Administrative Services Departments and Public Works Agency and I have all visited the property and toured the interior of both the mansion and the coach houses. Staff from these respective departments will be present at the October 26, 2015 City Council meeting to answer questions on the condition of building components and work contemplated in order to occupy the space. Additionally, as was requested at the October 12, 2015 meeting, staff from the Parks, Recreation, and Community Services Department has reviewed its current program offerings and has studied the potential opportunity to relocate existing Parks, Recreation, and Community Services programs to the Harley Clarke property. Information on these programs is attached. The first floor of the Mansion could be used today for programs without significant improvements. Costs associated with additional use of the Mansion would depend on how much of building is occupied, what is the schedule of operation and uses. Memorandum 9 of 288 Background: At the June 8, 2015 City Council meeting, the Harley Clark Citizens’ Committee presented its findings from a multi-month exploration and discussion on the future of the Harley Clarke mansion. At that meeting, the City Council held further discussion of the property until September 21, 2015. At the September 21, 2015 City Council meeting the City Council discussed potential next steps for the City-owned Harley-Clarke property. The item was held on that night and no action on the next steps was taken. The discussion was continued to the next regular City Council meeting on October 12, 2015. Attachments: 1. Alderman Wilson’s Future Use Proposal 2. Alderman Grover’s Future Use Proposal 3. Memorandum on Parks, Recreation and Community Services Programs. 10 of 288 Harley-Clarke Proposal, Ald. Don Wilson A. The Harley Clarke Mansion and Coach House (“property’) will be owned and operated by the City of Evanston. The process for identifying other uses/operators/owners of the property has ended. B. The City Council will allocate in the FY 2016 CIP $500,000 for immediate improvements at the property in 2016. The City Manager is authorized to expend up to $250,000 of these funds for critical repairs to the property. The City Manager must return to the City Council for authority to spend the additional $250,000. C. The City Manager is authorized to refurbish the two apartments in the Coach House to be rented out as affordable housing units. The Affordable Housing Fund shall be used for the refurbishment. Once the renovations are completed, the units will be made available for rental to income qualified employees of Evanston government agencies. First priority will be given to emergency workers. D. The City Manager is directed to use the property in 2016 for City-sponsored summer recreation activities only. This will include programs currently using the “Fog Houses” and similar activities. No additional staff will be allocated in FY 2016 for these uses. E. The Parks and Recreation Board and Lighthouse Landing Complex Committee, working with the City Manager and appropriate staff, are directed to develop a plan for the future operation of the property beginning in 2017. This plan will include identifying community groups and non-profit organizations that may wish to use the property. The City will also identify additional program uses and associated costs for the property. The plan shall also review and include recommendations to ensure better access to the property through transit/bikes/shuttles, etc. The Parks and Recreation Board and Lighthouse Landing Committee will return to the City Council with recommendations no later than July 1, 2016. F. Upon City Council approval of property operational plan and available budget allocations, the property would be regularly open to the public beginning in 2017. G. The City will establish a Harley Clarke Mansion account within the Evanston Parks Foundation to receive donations to support the improvements of the property. 11 of 288 Harley-Clarke Proposal, Ald. Grover A. The City of Evanston retains ownership of the Harley Clarke Mansion and Coach House (the “property”). B. Allowed Activities/Uses: 1. Events: Similar to events at the City’s other recreational facilities, compatible with existing uses, subject to City regulations and appropriate permits. 2. Recreational programming: to be determined. 3. Café/concessions/gift shop. Note: The 2008 Evanston Lakefront Master Plan, approved when the Evanston Art Center occupied and operated in the mansion, does not preclude this type of activity at the site, envisioned at the time in the coach house. C. Funding: Public/Private (nonprofit) Partnership 1. The City/General Fund is not the sole source of funds for property renovation and operations and shares the risk/rewards of the significant, long-term investment in the building with community nonprofit partner(s). a. The City Manager will develop an application for interested nonprofit partners for lease or operational management of the building, due on June 30, 2016 and must include: i. The qualifications and experience of the organization(s) proposing to use the property. ii. Description of proposed uses of the property. Only activities conducted by nonprofit organizations will be allowed. iii. Description of potential impacts of uses on property and surrounding neighbors. iv. Description of how parking for proposed uses would be handled either through five dedicated spaces adjacent to property or off- site. v. Documentation of bank balances equal to or in excess of $250,000 of applicant partner organization exclusively available for capital improvements to the property. b. The City Council will review applications received and make a determination if any applicant partner meets the established criteria. If so, the City Manager would be directed to enter lease/operations negotiations. c. The City Council will budget, but not allocate, $250,000 in FY 2016 CIP for mansion improvements to match funds of applicant partner organization. 12 of 288 2. No City funds will be expended on renovations to the building without: a. City Council approval of an initial 3-year plan for use of the building, including policies, description of uses, and budget for programming and events; b. City Council approval of an initial 3-year plan and budget for capital improvements to the property; and c. Bank balances equal to or in excess of $250,000 of applicant partner organization, which funds are exclusively available for capital improvements to the property. D. If the applicant partner organization fails to raise the minimum funds for the City’s matching investment in the property, the City Council may consider deconstruction of the mansion. E. Renovation of the two apartments in the Coach House for affordable housing rentals may be considered, depending upon uses for the mansion. F. All plans for renovation and use of the property will also consider the planned- 2018 renovation of the existing beach facility. 13 of 288 To: Wally Bobkiewicz, City Manager From: Bob Dorneker, Interim Director, Parks, Recreation and Community Services Christina Ferraro, Assistant Director, Community Services Subject: Proposed 2016 summer recreation programming for Harley Clarke Date: October 26, 2015 Parks, Recreation and Community Services staff developed the following list of existing recreational activities that could be relocated to the Harley Clarke site for the summer of 2016. Program Name Description Program Dates 2015 site location EcoExplorer Camp EcoExplorer offers a unique opportunity to children 10-11 years old who are interested in nature and outdoor recreation. These two 4- week sessions include field trips, beach days, theme days and an overnight experience. June 6-July 29 Fog Houses Summer Summit Camp Campers aged 5-11 will get the chance to learn citizen science skills that are needed to make observations, collect data and report findings. August 1-19 Fog Houses Dune Ecology field trip Learn about the natural history of the formation of the Lake Michigan Dunes. 5 sessions Fog Houses Overnight Camp outs Family camping close to home spend the night under the stars on Lighthouse Beach. We’ll have a campfire, stories, songs, s’mores and breakfast in the morning. May - September Lighthouse Property Beach fitness - rain site Fitness class for adults. June-August Clark Street Beach Memorandum 14 of 288 Page 2 of 2 Coordination and managing of the above activities and building would be handled by existing recreation staff and thus, have no change to the proposed 2016 budgeted revenues and expenses of the department. Treasure Hunt Pirate themed scavenger hunt through the dunes. Join us for stories and s’mores by the fire after you solve all the clues. July 16 Lighthouse Property Architecture camp Explore the built environment, create dream spaces, and get to know the personalities that created the places where we live, work and play. July 11-15 District 65 school site Outdoor Summer Movie Series One of the 2016 summer movies would be held at the site. August Various Park Sites Young Artist Program Camp YAP is an advanced version of arts camp for ages 11 to age 16 who have any level of experience in the arts. June 6-July 29 District 65 school site 15 of 288 DRAFTED MINUTES CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, October 12, 2015 Roll Call: Alderman Fiske Alderman Tendam Alderman Braithwaite Alderman Grover Alderman Wynne Alderman Rainey Alderman Wilson Alderman Miller Alderman Holmes Presiding: Mayor Elizabeth B. Tisdahl Mayor Public Announcements and Proclamations National Community Planning Month Open House Chicago: Presentation by Design Evanston was done by its President Jack. He announced the third printing of his book on the 150 years of Evanston’s History is in publication again. He announced on next weekend, October 17th and 18th Saturday and Sunday, there will be 14 open sites for people to view for free many of the facilities that are decorated with Tiffany Glass. Mayor Tisdahl read a portion of a letter from Michael Ferret the Illinois State Treasurer. He stated they are unable to pay Contractual fees back, and are forced to liquidate all Investments. City Manager Public Announcements Government Finance Officers Association FY2015 Distinguished Budget Award was presented by Mr. Stanford to the Financial Planning Staff of Evanston for the 21st year. Update on Street Cleaning and Sweeping for 2016 was presented by Communications: City Clerk Clerk Greene had no communications. Public Comment These persons spoke on Harley Clarke 16 of 288 City Council Agenda October 12, 2015 Page 2 of 9 Herb Harms Sigrid Pilgrim Anna Roosevelt Tom Hodgeman Mike Vasilko Ben Lumpkin Shelia Sullivan Mary Rosinski Barbara Janes Junad Rizki Carlis Sutton Dan Coyne Madeline Gelis Barry Coppock Jeanne Lindwall David Leitschuh Jack Sebasto Patricia Donnelly This resident spoke on Fleetwood-Jourdaine Patricia Giles Items not approved on Consent Agenda: (A7) Ordinance 123-O-15 Amending the City Code to Establish a 3-Way Stop Control at the Intersection of Dewey Avenue and Seward Street Staff recommends adoption of Ordinance 123-O-15 by which the City Council would amend Section 10-11-5(C), Schedule V(C) of the City Code to establish a 3-Way Stop Control at the intersection of Dewey Avenue and Seward Street. For Introduction (P2) Ordinance 121-O-15 Zoning Ordinance Text Amendment Regarding Height Requirements for Planned Developments in the D3-Downtown Core Development District The Plan Commission and staff recommend City Council adoption of Ordinance 121-O-15, a Zoning Ordinance Text Amendment to specify that, for planned developments in the D3 District, the height of up to four (4) stories (or 40 feet, whichever is less) of parking levels may be excluded from the calculation of building height to match the current regulations in other downtown zoning districts. For Introduction (P3) Ordinance 131-O-15, Granting an Extension to a Special Use for a Single Family Detached Dwelling at 1513 Greenleaf Street City staff recommends adoption of Ordinance 131-O-15 to extend the time to begin renovation for a single family detached dwelling originally approved in November 2014. Ordinance 131-O-15 grants approval to obtain a building permit and begin construction by June 24, 2016. For Introduction SPECIAL ORDER OF BUSINESS (SP1) Continuation of Discussion on Next Steps for Harley-Clarke Property At the September 21, 2015 City Council meeting the City Council discussed potential next steps for the City-owned Harley-Clarke property. No action on next steps was taken and no open houses were scheduled at that meeting. The 17 of 288 City Council Agenda October 12, 2015 Page 3 of 9 discussion was continued to the next regular City Council meeting on October 12, 2015. The following documents have been added. 1. Memorandum from Mayor Elizabeth Tisdahl 2. Resolution 99-R-15 proposed by Alderman Miller For Action This item was held in committee until October 26, 2015 at the next Council Meeting. CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting of September 21, 2015 For Action ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through September 6, 2015 $2,742,732.65 City of Evanston Payroll through September 20, 2015 $2,791,906.95 (A2) FY2015 City of Evanston Bills – September 29, 2015 $2,743,442.73 FY2015 City of Evanston Bills – October 13, 2015 $8,706,796.56 Credit Card Activity – Period Ending August 31, 2015 $ 175,657.66 For Action (A3.1) Approval of Contract Award to Chicago Office Technology Group for the Copier Purchase and Maintenance Service (RFP 15-02) Staff recommends City Council authorize the City Manager to execute a contract for the Copier Purchase and Maintenance Service with the Chicago Office Technology Group (3 Territorial Court, Bolingbrook, IL) in the amount of $143,732 to purchase replacement printers and copiers throughout the City. Funding is provided through IT Division account 100.19.1932.65555, Personal Computer Equipment with a 2015 budget of $284,200.00. For Action (A3.2) Approval of Contract Extension with Cannon Cochran Management Services Inc. for Third Party Administration of General Liability and Worker’s Compensation Claims Staff recommends City Council authorize the City Manager to execute a one-year extension for the purchase of claims administration services from Cannon Cochran Management Services Inc. (CCMSI) for automobile liability, general liability, and worker’s compensation claims at a cost of $93,500 for the contract year January 1, 2016 through December 31, 2016. Funding is provided by the FY 2016 Insurance Fund Account (605.99.7800.62266) with a FY2016 proposed budget allocation of $110,000. For Action (A3.3) Approval of Purchase of Trees and Planting Services for Fall Planting from 18 of 288 City Council Agenda October 12, 2015 Page 4 of 9 Suburban Tree Consortium Staff recommends city Council approval of the purchase of 120 trees and planting services for 55 trees from Suburban Tree Consortium (STC) in the amount of $32,410.58. Funding is provided by: $28,000 from Forestry Operations (Account 100.26.2655.65005), and $5675 from Replant Express Program and $2340 from I Heart Evanston Trees (Account 100.26.2655.53737). For Action (A3.4) Approval of an Agreement with Continental Energy Solutions for City Facility Energy Efficiency Upgrades (RFP 15-50) Staff recommends City Council authorize the City Manager to execute an agreement for the City Facility Energy Efficiency Upgrades with Continental Energy Solutions (815 Commerce Drive, Oak Brook, IL) in the amount of $53,786. Funding will be provided from the Capital Improvement Program (CIP) General Obligation Bonds (Account 415.26.415.65515 – 415198). This project was budgeted at $50,000. Additional funding is available in the CIP from a reduction in the FY 2015 cost of the solar panel installation project. For Action (A4.1) Approval of Change Order No. 1 for the 2013 Parking Meter and Pay Station Contract with Duncan Solutions (RFP12-147) Staff recommends that City Council authorize the City Manager to execute Change Order No. 1 to the contract for the 2013 Parking Meter Project with Duncan Solutions, Inc., (633 W. Wisconsin Avenue, Suite 1600, Milwaukee, WI). This change order will expand the scope of the contract to include the purchase of 153 additional meters in order to complete the project. The cost of this change order is not to exceed $75,880. Adding this change order to the original bid of $1,094,260 will result in a total cost of $1,170,140. Funding is provided by the Parking Fund Capital Improvement Account (505.19.7005.65515-701515). For Action (A4.2) Approval of 2015 50/50 Sidewalk Replacement Project Change Order No. 1 (Bid 15-25) Staff recommends that City Council authorize the City Manager to execute Change Order No. 1 to the contract for the 2015 50/50 Sidewalk Replacement Project with Schroeder & Schroeder Inc. (7306 Central Park Avenue, Skokie, IL) for sidewalk replacement at Central Street & Stewart Avenue in the amount of $33,200. Funding is provided by the Parking Fund (Account 505.19.7005.65515 – 700514). For Action (A4.3) Approval of Change Order No. 1 for the Civic Center Sustainable Parking Lot Reconstruction (Bid 14-60) Staff recommends that City Council authorize the City Manager to execute Change Order No. 1 to the agreement for the Civic Center Sustainable Parking Lot Reconstruction project with A. Lamp Concrete Contractors Inc. (1900 Wright Blvd., Schaumburg, IL) in the amount of $293,784, increasing the overall contract cost from $1,400,000 to $1,693,784. Funding is provided by the Parking Fund in 19 of 288 City Council Agenda October 12, 2015 Page 5 of 9 the amount of $264,034 and a private developer contribution in the amount of $29,750. For Action (A4.4) Approval of Change Order No. 1 for Civic Center Chimney Repair Project Staff recommends City Council authorize the City Manager to execute a change order for the Lorraine H. Morton Civic Center (LHMCC) Boiler Building Tuckpointing & Porch Repairs project with Midwest Pressure Washing & Restoration, Inc. (115 S Rensselaer Street, Griffith, IN) in the amount of $75,590 to rebuild the top 15 feet of the chimney that is used to exhaust the heating system for the Civic Center. Funding is provided by the Capital Improvement Plan: $56,139.71 from the remaining balance of the Civic Center Boiler Building Renovations Project Account (415.26.4150.65515/415177) and $19,450.29 from the Facilities Contingency Account (415.26.4150.65515/415179). For Action (A5) Approval of the January 1, 2015 Police and Firefighter Pension Actuarial Report The Police Pension Board, Firefighter Pension Board and Treasurer recommend that City Council review and approve the January 1, 2015 Actuarial Valuation for usage in the 2015 Tax Levy (receivable in 2016) for Police and Firefighter Pension funding purposes. For Action (A6) Resolution 75-R-15, Authorizing an Intergovernmental Agreement with the Metropolitan Water Reclamation District for Participation in the Rain Barrel Program Staff recommends City Council adoption of Resolution 75-R-15 authorizing the City Manager to execute an Intergovernmental Agreement (IGA) with the Metropolitan Water Reclamation District (MWRD) for participation in the Rain Barrels Program. The MWRD does not charge for participation in the program or for the order and delivery of rain barrels. The Office of Sustainability will oversee the implementation of this agreement and the program it establishes. For Action (A8) Ordinance 125-O-15, Authorizing the City to Borrow Funds from the Illinois Environmental Protection Agency Water Pollution Control Loan Program Staff recommends City Council adoption of Ordinance 125-O-15 authorizing the City to borrow up to $1,100,000 from the Illinois Environmental Protection Agency (IEPA) Water Pollution Control Loan Program for the construction of the Large Diameter Sewer Rehabilitation on the Mulford Street right-of-way extension west of Dodge Avenue, and authorizing the City Manager to execute the loan agreement with the IEPA. Debt service will be paid from the Sewer Fund. For Introduction 20 of 288 City Council Agenda October 12, 2015 Page 6 of 9 (A9) Ordinance 127-O-15, Decreasing the Number of Class D Liquor Licenses for Italian Kitchen, Ltd. d/b/a Dave’s Italian Kitchen, 1635 Chicago Avenue Staff recommends City Council adoption of Ordinance 127-O-15, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to decrease the number of authorized Class D liquor licenses from fifty-one (51) to fifty (50). Italian Kitchen, Ltd., d/b/a Dave’s Italian Kitchen (“Company”), 1635 Chicago Avenue, is not renewing its liquor license. For Introduction (A10) Ordinance 128-O-15, Decreasing the Number of Class D Liquor Licenses for DMK Ventures – Noyes Street, LLC d/b/a DMK Burger & Fish, 815 Noyes Street Staff recommends City Council adoption of Ordinance 128-O-15, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to decrease the number of authorized Class D liquor licenses from fifty (50) to forty-nine (49). DMK Ventures – Noyes Street, LLC, d/b/a DMK Burger & Fish (“Company”), 815 Noyes Street, is not renewing its liquor license. For Introduction (A11) Ordinance 124-O-15 Authorizing 2015 A and B General Obligation Bond Issue Staff recommends adoption of Ordinance 124-O-15 providing for the issuance of the FY 2015 A and B bond issues as follows: 2015 A General Obligation Bond not-to-exceed $14,000,000; and 2015 B General Obligation Refunding Bond not- to-exceed $11,475,000. The ordinance will be completed and signed after the bond sale date, which is tentatively scheduled for October 21, 2015. This ordinance was introduced at the September 21, 2015 City Council meeting. For Action PLANNING & DEVELOPMENT COMMITTEE (P1) Ordinance 120-O-15, Zoning Ordinance Text Amendment for Payday Loan Establishments The Plan Commission and staff recommend City Council adoption of Ordinance 120-O-15, a Zoning Ordinance Text Amendment to clarify the existing distance requirement between Payday Loan and Consumer Loan Establishments. The proposed amendment will make it easier for potential businesses to learn about the distance requirement at the same time they find out in which district the use is allowed, which currently is only the C2 Commercial District. For Introduction HUMAN SERVICES COMMITTEE 21 of 288 City Council Agenda October 12, 2015 Page 7 of 9 (H1) Resolution 59-R-15, Authorizing the Amendment to the Animal Welfare Policy to Establish Operational Guidelines at the Evanston Animal Shelter and Adoption Center The Human Services Committee and staff recommend City Council adoption of Resolution 59-R-15 establishing operational guidelines for the Evanston Animal Shelter. For Action (H2) Resolution 97-R-15, Authorizing the City Manager to Negotiate and Execute a Grant Agreement with the Evanston Animal Shelter Association to Fund Operations at the Evanston Animal Shelter The Human Services Committee and staff recommend City Council adoption of Resolution 97-R-15 authorizing the City Manager to negotiate and execute an agreement with the Evanston Animal Shelter Association to fund operations of the Evanston Animal Shelter. Total cost of this agreement would be $65,000 per year and agreement will run concurrent with existing shelter operating agreement until May 31, 2017. For Action (H3) Resolution 90-R-15 Accepting Grant Awards In Order to Help Fund a Congregate Senior Meal Program at the Levy Senior Center and Fleetwood Jourdain Community Center Human Services Committee and staff recommend City Council adoption of Resolution 90-R-15 authorizing the City Manager to sign notification of grant awards to fund and operate a congregate senior meal program at the Levy Senior Center and Fleetwood-Jourdain Community Center. This is a reimbursement program in which the total amount of reimbursement the City will receive is solely dependent upon the number of lunches served and varies depending on the levels of participation. Overall budgeted expenses for the 2015/16 program are projected at $87,059. The City expects to provide a local cash match of $18,450 of the $87,059. For Action (H4) Resolution 92-R-15 Authorizing the City Manager to Execute a Contract with Hoffman House Catering for Senior Meal Food Programs Staff and the Human Services Committee recommend City Council adoption of Resolution 92-R-15 authorizing the City Manager to execute a contract with Hoffman House Catering to provide a senior meal congregate program at the Levy Senior Center and Fleetwood-Jourdain Community Center for a period of October 1, 2015 through September 30, 2016 in the not–to-exceed amount of $4.44 per lunch meal. Total meal program contract value is projected at $37,478. This is a reimbursement meal program in which the total amount of reimbursement the City will receive and expenses is solely dependent upon the number of lunches served and varies depending on the levels of participation. Funding for this program is budgeted in the Fleetwood-Jourdain and Levy Center meal program expenditure accounts. For Action Alderman Rainey motioned for approval with a second from Alderman Grover. The vote 22 of 288 City Council Agenda October 12, 2015 Page 8 of 9 was 9-0 and the Consent Agenda was approved. Items for discussion: (A7) Ordinance 123-O-15 Amending the City Code to Establish a 3-Way Stop Control at the Intersection of Dewey Avenue and Seward Street Staff recommends adoption of Ordinance 123-O-15 by which the City Council would amend Section 10-11-5(C), Schedule V(C) of the City Code to establish a 3-Way Stop Control at the intersection of Dewey Avenue and Seward Street. For Introduction The rules were suspended and Alderman Rainey motioned for approval, 2nd by Alderman Grover. The vote was 9-0. (P2) Ordinance 121-O-15 Zoning Ordinance Text Amendment Regarding Height Requirements for Planned Developments in the D3-Downtown Core Development District The Plan Commission and staff recommend City Council adoption of Ordinance 121-O-15, a Zoning Ordinance Text Amendment to specify that, for planned developments in the D3 District, the height of up to four (4) stories (or 40 feet, whichever is less) of parking levels may be excluded from the calculation of building height to match the current regulations in other downtown zoning districts. For Introduction Alderman Holmes motioned for approval with a second from Alderman Rainey. The vote was 8-1. (Alderman Fiske voted nay). (P3) Ordinance 131-O-15, Granting an Extension to a Special Use for a Single Family Detached Dwelling at 1513 Greenleaf Street City staff recommends adoption of Ordinance 131-O-15 to extend the time to begin renovation for a single family detached dwelling originally approved in November 2014. Ordinance 131-O-15 grants approval to obtain a building permit and begin construction by June 24, 2016. For Introduction Alderman Holmes motioned for approval with a second from Alderman Rainey. The vote was 9-0. Call of the Wards: Ward 1, Alderman Fiske passed her condolences to Gregory Herrin. Ward 2, Alderman Braithwaite had no report. Ward 3, Alderman Wynne had no report. Ward 4, Alderman Wilson had no report. Ward 5, Alderman Holmes announced her regular 5th ward meeting concerning the Budget. Ward 6, Alderman Tendam announced his 6th ward meeting on October 22nd 7 PM at Three Crowns Park in the multipurpose room. Ward 7, Alderman Grover had no report. Ward 8, Alderman Rainey stated she had a lease she also presented a check for $1000.00 from the owners of the Shell Gas Station on Oakton to go to the Police and 23 of 288 City Council Agenda October 12, 2015 Page 9 of 9 Fire Foundation from the Laconte family. Ward 9, Alderman Miller had no report. Alderman Wilson motioned to convene into Executive Session to discuss Public Safety, Litigation and Minutes and it was 2nd. With a voice vote the meeting ended at 9:22 PM. Submitted by, Rodney Greene, MMC City Clerk 24 of 288 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, October 19, 2015 7:00 p.m. City Council Roll Call: Alderman Braithwaite Alderman Grover Alderman Wynne Alderman Rainey Alderman Wilson Alderman Miller Alderman Holmes Alderman Fiske Alderman Tendam Presiding: Mayor Elizabeth B. Tisdahl who called the Regular Meeting of the City Council to order at 7:07 PM Mayor Public Announcements Mayor Tisdahl read a proclamation honoring deceased former Mayor Joan Barr-Smith, then had a Dedication of the Joan Barr-Smith Aldermanic Library. After Mr. Smith spoke of his late wife and Mayor there was a ribbon cutting ceremony and reception with photo ops. City Manager Public Announcements Fire Chief Klaiber announced the Promotion of Brian Scott, Deputy Fire Chief. He also gave a background update of Scott Brian’s accomplishments. Brian Scott was then sworn in by City Clerk Greene. ComEd Smart Meter Roll Out was presented by ComEd’s representative, Mr. O’toyle He also passed around a meter for the Council members to touch and examine.The installations will not add to any extra cost to the citizens of Evanston. Communications: City Clerk The Clerk made announcements concerning the upcoming election for the President, as well as the election for the 2017 Municipal Elections. Citizen Comment These persons spoke concerning Penny Park Daniel Stein stated the Recreation Board approves the recommendation. Loren Borski asked the Council to vote yes for the recommendation of the Recreation 25 of 288 City Council Agenda October 19, 2015 Page 2 of 3 10/24/2013 6:42 PM Board. Cynthia Rivera asked the Council to unanimously accept the recommendation to keep it as a symbol for Evanston. Tom Sheridan also added his support to keeping Penny Park alive. George Rieger lived on the block for 35 years and asked the adoption of the Recommendation. Mary Rosinski spoke of the financial stability of the Parks and Recreation Programs. These persons spoke concerning the Performing Arts Jason Balla, owner of the Stained Glass Restaurant and how the facility will need a place to eat. Judy Kemp came with excitement for the Performing Arts Center coming to Evanston. These persons spoke concerning Harley Clarke Barbara Janes stated No Parks Sale agrees with Alderman Wilson’s suggestion an hopes the Council will too. Leila Raab resident of the 7th ward stated parks are a way to sooth the soul, and people are very passionate about parks. Junad Rizki spoke on numerous issues concern comments of a few Aldermen, Mayor and the City Manager. SPECIAL ORDERS OF BUSINESS (SP1) Downtown Performing Arts Center Update It is recommended that the City Council receive and file this report. For Action: Receive and File Report The vote to receive and file the report was approved with a 9-0 yes. (SP2) Penny Park Recommendations from the Park and Recreation Board The Park and Recreation Board and City staff recommend that City Council provide direction and approve the following recommendations. 1) Terminate the contract with Leathers and Associates Inc. with payment for work completed. 2) Issue a Request for Proposal for the renovation/rehabilitation of Penny Park, which should include options for both a Community Build and a traditional Contractor Build with wood. 3) If necessary, facilitate any public design process through the Park and Recreation Board with public involvement. For Action Alderman Braithwaite motioned for approval and seconded by Alderman Wynne. With a 9-0 vote the motion was approved. (SP3) Wholesale Water Sales Update Staff will provide an update to City Council about wholesale water sales to neighboring communities. For Discussion Mr. Dave Stoneback gave an update of the water wholesale to the surrounding communities, which included: Niles, Skokie, Park Ridge. 26 of 288 City Council Agenda October 19, 2015 Page 3 of 3 10/24/2013 6:42 PM (SP4) Fountain Square Renovation Project Staff recommends City Council approve a proposed scope of work for the Fountain Square Renovation Project and authorize staff to proceed with the project through preparation and release of an RFP for consulting design services. For Action Mr. Stoneback, Director of Public Works Agency gave a report with a slide presentation for the Fountain Square Renovation Project. Alderman Grover motioned for approval with a 2nd from Alderman Rainey, and the vote was 9-0 to approve. (SP5) FY2016 Proposed Budget Presentation Staff will provide a presentation regarding the FY2016 Proposed Budget. No formal action will be taken regarding the FY2016 Budget. Budget documents are available here: http://www.cityofevanston.org/city-budget/ For Discussion Mr. Lyons, Assistant City Manager, Chief Financial Manager gave an update of the Proposed Budget for 2016. (SP6) Approval of Appointment For appointment to: M/W/EBE Development Committee Jessica Oldani For Action Alderman Braithwaite motioned for approval of the appointment of Jessica Oldani to the M/W/EBE Development Committee, with a 2nd from Alderman Wynne there was a Voice Vote to approve. Call of the Wards: Ward 2, Alderman Braithwaite had no report Ward 3, Alderman Wynne had no report Ward 4, Alderman Wilson had no report Ward 5, Alderman Holmes had no report Ward 6, Alderman Tendam announced his ward meeting at Three Crowns Park this Thursday. Ward 7, Alderman Grover had no report Ward 8, Alderman Rainey thanked North Light for interest in the Arts Center. She also announced an outside roll call Wednesday at 5 PM at Howard and Custer. She commented on people making statements unsupported. Ward 9, Alderman Miller had no report Ward 1, Alderman Fiske had no report A motion to adjourn was made by multiple Aldermen as well as a second. A Voice Vote was made in approval of an adjournment, and the meeting ended at 9:27 PM. Submitted by, City Clerk, Rodney Greene, MMC 27 of 288 Page 1; Rev. 10/23/2015 11:31:24 AM ADMINISTRATION & PUBLIC WORKS COMMITTEE Monday, October 26, 2015 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 RAINEY, CHAIR II. APPROVAL OF MINUTES OF REGULAR MEETING OF OCTOBER 12, 2015 III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through October 4,, 2015 $2,694,297.38 (A2) FY2015 City of Evanston Bills – October 27, 2015 $3,430,771.20 For Action (A3.1) Approval of Contract for the Washroom Renovation at Levy Senior Center with Construction Consulting & Disbursement Services (Bid 15-59) Staff recommends City Council authorize the City Manager to execute a contract for the Washrooms Renovation at Levy Senior Center (Bid 15-59) with Construction Consulting & Disbursement Services (5836 Lincoln Ave., Morton Grove, IL), in the amount of $45,530. Funding is provided by the Capital Improvement Program (Account 415.26.415.65515 – 415602). This project was budgeted at $84,000 in FY 2015. For Action (A3.2) Approval of Funding Request for First Night Evanston Staff recommends that the City Council consider the request for funding in the amount of $5,000 from Emily Guthrie of First Night Evanston. Funding is provided by the Economic Development Fund, Account 225.21.5300.65525. For Action 28 of 288 Page 2; Rev. 10/23/2015 11:31:24 AM (A4.1) Approval of Change Order No. 1 for 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. 1 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 $39,744.45, increasing the contract amount from $141,720 to $181,464.45. Funding is from the Water Fund (Account 513.71.7330.65515 – 733092). For Action (A4.2) Approval of Change Order No. 1 for Repair and Repainting of North and South Standpipes (Bid 15-03) Staff recommends that City Council authorize the City Manager to execute Change Order No. 1 for the repair and repainting of North and South Standpipes with American Suncraft Company, Inc. (10836 Schiller Road, Medway, OH). This change order will extend the contract duration by 32 days from November 19, 2015 to December 21, 2015. There will be no change to the current contract amount of $3,271,043. For Action (A5) Resolution 96-R-15, Contract Extension with Groot Industries for Solid Waste Collection Staff recommends City Council adoption of Resolution 96-R-15 authorizing the City Manager to execute contract amendments to waste services agreements with Groot Industries (2500 Landmeier Road, Elk Grove Village, IL) and to renew these agreements. The residential solid waste and yard waste collection amendments authorize a contract extension for a (2) two-year period, with the City’s option to renew for three additional one-year terms. The Municipal Solid Waste Franchise amendment is for a (5) five-year period. All agreements include a decrease in monthly cost for the first year. For Action (A6) Resolution 63-R-15, Authorizing the City Manager to Negotiate and Execute a Parking Agreement with Youth & Opportunity United, Inc. for Usage of Parking Lot Located at 1623 Dodge Avenue Staff recommends City Council adoption of Resolution 63-R-15, authorizing the City Manager to negotiate and execute a Parking Agreement with Youth & Opportunity United, Inc. (Y.O.U.) for usage of the parking lot at 1623 Dodge Avenue, while their new facility is under construction. For Action (A7) Resolution 98-R-15; Approving Release of Certain Closed Session Minutes Staff recommends that City Council adopt Resolution 98-R-15 releasing the closed session meeting minutes listed on Exhibit A and finding that a need still exists for confidentiality as to the minutes on Exhibit B. The City is furthering its efforts to provide access to information and openness in government through the appropriate release of closed session minutes of the City Council. For Action 29 of 288 Page 3; Rev. 10/23/2015 11:31:24 AM (A8) Ordinance 42-O-15, Gender Neutral Restroom Signage Staff recommends City Council adoption of Ordinance 42-O-15 that would require all applicable public restroom facilities be designated by signage that the facilities are for men, women or are gender neutral. The proposed ordinance also amends the 2012 International Building Code to include definitions for multi occupancy, single occupancy and gender neutral restrooms. For Introduction (A9) Ordinance 140-O-15: Grove Street Parking Prohibited The Transportation/Parking Committee and staff recommend that the City Council adopt Ordinance 140-O-15, amending Section 10-11-8, Schedule XIII (A), which prohibits parking at all times to include Grove Street, south side, Wesley Avenue to Ashland Avenue. Suspension of the Rules is requested for Introduction and Action on October 26, 2016. For Introduction and Action (A10) Ordinance 141-O-15: Grove Street Residents Only Parking The Transportation/Parking Committee and staff recommend that the City Council adopt Ordinance 141-O-15, creating Subsection 10-11-18, Schedule XVIII (M1): Parking prohibited between the hours of 8:00 A.M. and 6:00 P.M. Monday through Saturday, except national holidays upon the following designated streets or portions thereof Grove Street, both sides, Asbury Avenue west to the first alley, by all vehicles not bearing a valid permit for the district. Suspension of the Rules is requested for Introduction and Action on October 26, 2016. For Introduction and Action IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT 30 of 288 Page 1; Rev. 10/23/2015 10:25:11 AM Administration and Public Works Committee Meeting Minutes of October 12, 2015 James C. Lytle Council Chambers – 6:00 p.m. Lorraine H. Morton Civic Center MEMBERS PRESENT: A. Rainey, J. Grover, D. Holmes, P. Braithwaite, B. Miller STAFF PRESENT: M. Lyons, W. Bobkiewicz, B. Dorneker, G. Farrar, E. Storlie, L. Biggs, R. Voss, S. Nagar, R. Dahal, T. Turner, C. Hurley, O. Murillo, S. Flax, R. Gustafson, P. D’Agostino, S. Ciolek, D. Meimers, C. Hanawalt STAFF ABSENT: J. Leonard, J. Calderon, S. Levine, E. Thomas-Smith, G. Gerdes, Y. Capriccioso, P. Zalmezak, J. Lasik PRESIDING OFFICIAL: Ald. Rainey I. DECLARATION OF A QUORUM: ALDERMAN RAINEY, CHAIR A quorum being present, Ald. Rainey called the meeting to order at 6:08 p.m. II. APPROVAL OF MINUTES OF REGULAR MEETING OF SEPTEMBER 15, 2015 Ald. Holmes moved to accept the Minutes of September 15, 2015 A&PW meeting as submitted, seconded by Ald. Grover. The Minutes of the September 15, 2015 A&PW meeting were approved unanimously 5-0. III. APPROVAL OF MINUTES OF REGULAR MEETING OF SEPTEMBER 21, 2015 Ald. Holmes moved to accept the Minutes of September 21, 2015 A&PW meeting as submitted, seconded by Ald. Grover. The Minutes of the September 21, 2015 A&PW meeting were approved unanimously 5-0. IV. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through September 6, 2015 $2,742,732.65 City of Evanston Payroll through September 20, 2015 $2,791,906.95 For Action Ald. Miller moved to recommend approval of the City of Evanston payrolls through September 6, 2015 and September 20, 2015, seconded by Ald. Holmes. The Committee voted unanimously 5-0 to approve the payrolls. DRAFT - NOT APPROVED 31 of 288 Page 2; Rev. 10/23/2015 10:25:11 AM (A2) FY2015 City of Evanston Bills – September 29, 2015 $2,743,442.73 FY2015 City of Evanston Bills – October 13, 2015 $8,706,796.56 Credit Card Activity – Period Ending August 31, 2015 $ 175,657.66 For Action Ald. Miller moved to recommend the City of Evanston bills through September 29, 2015 and October 13, 2015, seconded by Ald. Braithwaite. Ald. Holmes moved to recommend approval of the City of Evanston credit card activity for the period ending August 31, 2015, seconded by Ald. Braithwaite. The Committee voted unanimously 5-0 to approve the bills and credit card activity. (A3.1) Approval of Contract Award to Chicago Office Technology Group for the Copier Purchase and Maintenance Service (RFP 15-02) Staff recommends City Council authorize the City Manager to execute a contract for the Copier Purchase and Maintenance Service with the Chicago Office Technology Group (3 Territorial Court, Bolingbrook, IL) in the amount of $143,732 to purchase replacement printers and copiers throughout the City. Funding is provided through IT Division account 100.19.1932.65555, Personal Computer Equipment with a 2015 budget of $284,200.00. For Action Ald. Miller moved to recommend City Council authorize the City Manager to execute a contract for the Copier Purchase and Maintenance Service with the Chicago Office Technology Group in the amount of $143,732 to purchase replacement printers and copiers throughout the City, seconded by Ald. Grover. The Committee voted unanimously 5-0 to approve the contract. (A3.2) Approval of Contract Extension with Cannon Cochran Management Services Inc. for Third Party Administration of General Liability and Worker’s Compensation Claims Staff recommends City Council authorize the City Manager to execute a one-year extension for the purchase of claims administration services from Cannon Cochran Management Services Inc. (CCMSI) for automobile liability, general liability, and worker’s compensation claims at a cost of $93,500 for the contract year January 1, 2016 through December 31, 2016. Funding is provided by the FY 2016 Insurance Fund Account (605.99.7800.62266) with a FY2016 proposed budget allocation of $110,000. For Action Ald. Grover moved to recommend City Council authorize the City Manager to execute a one-year extension for the purchase of claims administration services from Cannon Cochran Management Services Inc. (CCMSI) for automobile liability, general liability, and worker’s compensation claims at a cost of $93,500 for the contract year January 1, 2016 through December 31, 2016, seconded by Ald. Holmes. 32 of 288 Page 3; Rev. 10/23/2015 10:25:11 AM The Committee voted 5-0 to approve the contract extension. (A3.3) Approval of Purchase of Trees and Planting Services for Fall Planting from Suburban Tree Consortium Staff recommends City Council approval of the purchase of 120 trees and planting services for 55 trees from Suburban Tree Consortium (STC) in the amount of $32,410.58. Funding is provided by: $28,000 from Forestry Operations (Account 100.26.2655.65005), and $5,675 from Replant Express Program and $2,340 from I Heart Evanston Trees (Account 100.26.2655.53737). For Action Ald. Holmes moved to recommend City Council approval of the purchase of 120 trees and planting services for 55 trees from Suburban Tree Consortium (STC) in the amount of $32,410.58, seconded by Ald. Grover. The Committee voted unanimously 5-0 to approve the purchase. (A3.4) Approval of an Agreement with Continental Energy Solutions for City Facility Energy Efficiency Upgrades (RFP 15-50) Staff recommends City Council authorize the City Manager to execute an agreement for the City Facility Energy Efficiency Upgrades with Continental Energy Solutions (815 Commerce Drive, Oak Brook, IL) in the amount of $53,786. Funding will be provided from the Capital Improvement Program (CIP) General Obligation Bonds (Account 415.26.415.65515 – 415198). This project was budgeted at $50,000. Additional funding is available in the CIP from a reduction in the FY 2015 cost of the solar panel installation project. For Action Ald. Rainey moved to recommend City Council authorize the City Manager to execute an agreement for the City Facility Energy Efficiency Upgrades with Continental Energy Solutions in the amount of $53,786, seconded by Ald. Braithwaite. At Ald. Braithwaite’s inquiry, Bureau Chief Lara Biggs explained that Connexion did submit a response and participated in the walkthrough. However, they omitted some required documentation and did not follow the format for the proposal. She added that in an effort to make this a regular program, the City will reach out to them again for future projects. After discussion, the Committee voted unanimously 5-0 to approve the agreement. (A4.1) Approval of Change Order No. 1 for the 2013 Parking Meter and Pay Station Contract with Duncan Solutions (RFP12-147) Staff recommends that City Council authorize the City Manager to execute Change Order No. 1 to the contract for the 2013 Parking Meter Project with Duncan Solutions, Inc., (633 W. Wisconsin Avenue, Suite 1600, Milwaukee, WI). This change order will expand the scope of the contract to include the purchase of 153 additional meters in order to complete the project. The cost of this change order is not to exceed $75,880. Adding this change order to the original bid of 33 of 288 Page 4; Rev. 10/23/2015 10:25:11 AM $1,094,260 will result in a total cost of $1,170,140. Funding is provided by the Parking Fund Capital Improvement Account (505.19.7005.65515-701515). For Action Ald. Braithwaite moved to recommend City Council authorize the City Manager to execute Change Order No. 1 to the contract for the 2013 Parking Meter Project with Duncan Solutions, Inc., to expand the scope of the contract to include the purchase of 153 additional meters in order to complete the project in the not-to-exceed amount of $75,880 resulting in a total cost of $1,170,140, seconded by Ald. Rainey. The Committee voted unanimously 5-0 to approve the change order. (A4.2) Approval of 2015 50/50 Sidewalk Replacement Project Change Order No. 1 (Bid 15-25) Staff recommends that City Council authorize the City Manager to execute Change Order No. 1 to the contract for the 2015 50/50 Sidewalk Replacement Project with Schroeder & Schroeder Inc. (7306 Central Park Avenue, Skokie, IL) for sidewalk replacement at Central Street & Stewart Avenue in the amount of $33,200. Funding is provided by the Parking Fund (Account 505.19.7005.65515 – 700514). For Action Ald. Miller moved to recommend City Council authorize the City Manager to execute Change Order No. 1 to the contract for the 2015 50/50 Sidewalk Replacement Project with Schroeder & Schroeder Inc. for sidewalk replacement at Central Street & Stewart Avenue in the amount of $33,200, seconded by Ald. Grover. City Engineer Sat Nagar explained that the sidewalks immediately began to deteriorate due to poor workmanship by the contractor and therefore payment was withheld. Corporation Counsel Grant Farrar added that the he has exchanged correspondence with the attorneys for the contractor and subcontractor and the City has taken the legal position that it will not pay. After discussion, the Committee voted unanimously 5-0 to approve the change order. (A4.3) Approval of Change Order No. 1 for the Civic Center Sustainable Parking Lot Reconstruction (Bid 14-60) Staff recommends that City Council authorize the City Manager to execute Change Order No. 1 to the agreement for the Civic Center Sustainable Parking Lot Reconstruction project with A. Lamp Concrete Contractors Inc. (1900 Wright Blvd., Schaumburg, IL) in the amount of $293,784, increasing the overall contract cost from $1,400,000 to $1,693,784. Funding is provided by the Parking Fund in the amount of $264,034 and a private developer contribution in the amount of $29,750. For Action Ald. Grover moved to recommend City Council authorize the City Manager to execute Change Order No. 1 to the agreement for the Civic Center 34 of 288 Page 5; Rev. 10/23/2015 10:25:11 AM Sustainable Parking Lot Reconstruction project with A. Lamp Concrete Contractors Inc. in the amount of $293,784, increasing the overall contract cost from $1,400,000 to $1,693,784, seconded by Ald. Braithwaite. The Committee voted unanimously 5-0 to approve the change order. (A4.4) Approval of Change Order No. 1 for Civic Center Chimney Repair Project Staff recommends City Council authorize the City Manager to execute a change order for the Lorraine H. Morton Civic Center (LHMCC) Boiler Building Tuckpointing & Porch Repairs project with Midwest Pressure Washing & Restoration, Inc. (115 S Rensselaer Street, Griffith, IN) in the amount of $75,590 to rebuild the top 15 feet of the chimney that is used to exhaust the heating system for the Civic Center. Funding is provided by the Capital Improvement Plan: $56,139.71 from the remaining balance of the Civic Center Boiler Building Renovations Project Account (415.26.4150.65515/415177) and $19,450.29 from the Facilities Contingency Account (415.26.4150.65515/415179). For Action Ald. Holmes moved to recommend City Council authorize the City Manager to execute a change order for the Lorraine H. Morton Civic Center (LHMCC) Boiler Building Tuckpointing & Porch Repairs project with Midwest Pressure Washing & Restoration, Inc. in the amount of $75,590 to rebuild the top 15 feet of the chimney that is used to exhaust the heating system for the Civic Center, seconded by Ald. Braithwaite. The Committee voted unanimously 5-0 to approve the change order. (A5) Approval of the January 1, 2015 Police and Firefighter Pension Actuarial Report The Police Pension Board, Firefighter Pension Board and Treasurer recommend that City Council review and approve the January 1, 2015 Actuarial Valuation for usage in the 2015 Tax Levy (receivable in 2016) for Police and Firefighter Pension funding purposes. For Action Ald. Rainey moved to recommend that City Council review and approve the January 1, 2015 Actuarial Valuation for usage in the 2015 Tax Levy (receivable in 2016) for Police and Firefighter Pension funding purposes, seconded by Ald. Braithwaite. Actuary Jason Franken of Foster and Foster provided a handout that detailed suggested changes between 2015 and 2016. He explained the impact of an in- service disability incidence rate of 15% versus the 70% rate used by the Illinois Department of Insurance. At Ald. Grover’s inquiry, Assistant City Manager Lyons noted that regarding City Council opted not to reduce the Fire Pension’s Actuarial Recommended Contribution (ARC) between 2014 and 2015. 35 of 288 Page 6; Rev. 10/23/2015 10:25:11 AM Mr. Franken recommended a tax levy of $9,380,940 for Police Pension ($675,733 more than last year) and $7,350,865 for Fire Pension ($1,009,290 more than last year). He explained that the previous mortality assumptions were understated by two years for males and five years for females. Although most of the public safety employees are male, 80 percent of them are married and their spouses receive survivor pension benefits. Assistant City Manager Lyons added that the goal is to show a gain in reducing the accumulated liability each year. Ald. Rainey noted that almost $17 million of the tax levy is for public safety pensions. It is becoming harder for residents to pay their taxes. She also added that the pension funds administrative costs are high. She would like to see those costs reduced. The Committee voted unanimously 5-0 to approve the actuarial reports. (A6) Resolution 75-R-15 , Authorizing an Intergovernmental Agreement with the Metropolitan Water Reclamation District for Participation in the Rain Barrel Program Staff recommends City Council adoption of Resolution 75-R-15 authorizing the City Manager to execute an Intergovernmental Agreement (IGA) with the Metropolitan Water Reclamation District (MWRD) for participation in the Rain Barrels Program. The MWRD does not charge for participation in the program or for the order and delivery of rain barrels. The Office of Sustainability will oversee the implementation of this agreement and the program it establishes. For Action Ald. Braithwaite moved to recommend adoption of Resolution 75-R-15 authorizing the City Manager to execute an Intergovernmental Agreement (IGA) with the Metropolitan Water Reclamation District (MWRD) for participation in the Rain Barrels Program, seconded by Ald. Grover. The Committee voted unanimously 5-0 to adopt the resolution. (A7) Ordinance 123-O-15 Amending the City Code to Establish a 3-Way Stop Control at the Intersection of Dewey Avenue and Seward Street Staff recommends adoption of Ordinance 123-O-15 by which the City Council would amend Section 10-11-5(C), Schedule V(C) of the City Code to establish a 3-Way Stop Control at the intersection of Dewey Avenue and Seward Street. For Introduction Ald. Miller moved to suspend the rules and recommend adoption of Ordinance 123-O-15 by which the City Council would amend Section 10-11- 5(C), Schedule V(C) of the City Code to establish a 3-Way Stop Control at the intersection of Dewey Avenue and Seward Street, seconded by Ald. Braithwaite. The Committee voted unanimously 5-0 to suspend the rules and adopt the 36 of 288 Page 7; Rev. 10/23/2015 10:25:11 AM ordinance. (A8) Ordinance 125-O-15, Authorizing the City to Borrow Funds from the Illinois Environmental Protection Agency Water Pollution Control Loan Program Staff recommends City Council adoption of Ordinance 125-O-15 authorizing the City to borrow up to $1,100,000 from the Illinois Environmental Protection Agency (IEPA) Water Pollution Control Loan Program for the construction of the Large Diameter Sewer Rehabilitation on the Mulford Street right-of-way extension west of Dodge Avenue, and authorizing the City Manager to execute the loan agreement with the IEPA. Debt service will be paid from the Sewer Fund. For Introduction Ald. Grover moved to recommend City Council adoption of Ordinance 125-O- 15 authorizing the City to borrow up to $1,100,000 from the Illinois Environmental Protection Agency (IEPA) Water Pollution Control Loan Program for the construction of the Large Diameter Sewer Rehabilitation on the Mulford Street right-of-way extension west of Dodge Avenue, and authorizing the City Manager to execute the loan agreement with the IEPA, seconded by Ald. Miller. The Committee voted unanimously 5-0 to adopt the ordinance. (A9) Ordinance 127-O-15, Decreasing the Number of Class D Liquor Licenses for Italian Kitchen, Ltd. d/b/a Dave’s Italian Kitchen, 1635 Chicago Avenue Staff recommends City Council adoption of Ordinance 127-O-15, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to decrease the number of authorized Class D liquor licenses from fifty-one (51) to fifty (50). Italian Kitchen, Ltd., d/b/a Dave’s Italian Kitchen (“Company”), 1635 Chicago Avenue, is not renewing its liquor license. For Introduction Ald. Holmes moved to recommend City Council adoption of Ordinance 127- O-15, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to decrease the number of authorized Class D liquor licenses from fifty-one (51) to fifty (50), seconded by Ald. Grover. The Committee voted unanimously 5-0 to adopt the ordinance. (A10) Ordinance 128-O-15, Decreasing the Number of Class D Liquor Licenses for DMK Ventures – Noyes Street, LLC d/b/a DMK Burger & Fish, 815 Noyes Street Staff recommends City Council adoption of Ordinance 128-O-15, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to decrease the number of authorized Class D liquor licenses from fifty (50) to forty-nine (49). DMK Ventures – Noyes Street, LLC, d/b/a DMK Burger & Fish (“Company”), 815 Noyes Street, is not renewing its liquor license. For Introduction Ald. Rainey moved to recommend City Council adoption of Ordinance 128- O-15, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), as 37 of 288 Page 8; Rev. 10/23/2015 10:25:11 AM amended, to decrease the number of authorized Class D liquor licenses from fifty (50) to forty-nine (49), seconded by Ald. Grover. The Committee voted unanimously 5-0 to adopt the ordinance. V. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT Ald. Braithwaite moved to adjourn at 6:50pm. 38 of 288 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: October 21, 2015 Recommended Action: Staff recommends approval of the City of Evanston Payroll and Bills List. Continuing in 2015, 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 – September 21, 2015 through October 04, 2015 $2,694,297.38 (Payroll includes employer portion of IMRF, FICA, and Medicare) Bills List – October 27, 2015 $3,430,771.20 General Fund Amount – Bills list $ 788,966.54 General Fund Amount – Supplemental list $ 4,115.37 General Fund Total: $ 793,081.91 TOTAL AMOUNT OF BILLS LIST & PAYROLL $ 6,125,068.58 *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. Credit Card Activity – Period End November 30, 2012 $ 111,700.60 Attachments: Bills List For City Council meeting of October 26, 2015 Item A1/A2 Business of the City by Motion: City Payroll and Bills For Action Memorandum 39 of 288 CITY OF EVANSTON BILLS LIST PERIOD ENDING 10.27.2015 100 GENERAL FUND 100 GENERAL SUPPORT 21680 RTA TRANSIT BENEFIT FARE PROGRAM *RTA TRANSIT BENEFIT PROGRAM 1,808.00 22725 VERIZON WIRELESS COMMUNICATION CHARGES 10,788.06 22730 BANK OF AMERICA *PURCHASING CARD-#4355-SEPT 2015 160,148.69 22760 EVANSTON ART CENTER *RENTAL DEPOSIT REFUND 3,638.58 100 GENERAL SUPPORT Total 176,383.33 1400 CITY CLERK 62360 MUNICIPAL CLERKS OF ILLINOIS *MEMBERSHIP DUES 85.00 65095 MSF GRAPHICS, INC.ENVELOPES FOR STOREROOM 794.00 1400 CITY CLERK Total 879.00 1505 CITY MANAGER 62295 STORLIE, ERIKA REIMBURSEMENT: ICMA CONFERENCE 1,104.56 62295 OSCAR MURILLO REIMBURSEMENT: ICMA CONFERENCE 770.62 62295 WALTER BOBKIEWICZ *REIMBURSEMENT: ICMA CONFERENCE 786.40 62295 WALTER BOBKIEWICZ REIMBURSEMENT: MEETING OF THE PTI OF PHOENIX 220.10 62295 CHICAGO LATIN FITNESS YOGA SESSIONS 256.00 62360 STAR COMMUNITIES ANNUAL MEMBERSHIP FEE 1,500.00 62360 LOCAL GOV NEWS MEMBERSHIP RENEWAL 780.00 1505 CITY MANAGER Total 5,417.68 1580 COMMUNITY ARTS 66040 ALLEGRA PRINT & IMAGING PRINT MATERIALS FOR ONE STATE ARTS CONFERENCE 628.94 66040 EVANSTON SYMPHONY ORCHESTRA HONORARIUM FOR ONE STATE TOGETHER ART CONF 50.00 66040 RUIZ, ALFONSO NIEVES HONORARIUM FOR ONE STATE TOGETHER ART CONF 40.00 66040 LIGHT OPERA WORKS HONORARIUM FOR ONE STATE TOGETHER ART CONF 200.00 66040 NORTH SHORE CHORAL HONORARIUM FOR ONE STATE TOGETHER ART CONF 50.00 66040 OPEN STUDIO PROJECT HONORARIUM FOR ONE STATE TOGETHER ART CONF 50.00 66040 PIVEN THEATRE WORKSHOP HONORARIUM FOR ONE STATE TOGETHER ART CONF 200.00 66040 KAISER-AMARAL, SARAH HONORARIUM FOR ONE STATE TOGETHER ART CONF 40.00 66040 ACTORS GYMNASIUM, INC HONORARIUM FOR ONE STATE TOGETHER ART CONF 100.00 66040 MIXON, DONOVAN HONORARIUM FOR ONE STATE TOGETHER ART CONF 500.00 66040 SHOREFRONT N.F.P.HONORARIUM FOR ONE STATE TOGETHER ART CONF 50.00 66040 JOYCE ELIAS HONORARIUM FOR ONE STATE TOGETHER ART CONF 40.00 66040 MELANIE DEAL HONORARIUM FOR ONE STATE TOGETHER ART CONF 40.00 66040 EVANSTON CHILDREN'S CHOIR HONORARIUM FOR ONE STATE TOGETHER ART CONF 100.00 66040 FORTUNE FISH FILMS HONORARIUM FOR ONE STATE TOGETHER ART CONF 40.00 66040 AMY GERTLER HONORARIUM FOR ONE STATE TOGETHER ART CONF 40.00 66040 JILL KING-WYNN HONORARIUM FOR ONE STATE TOGETHER ART CONF 40.00 66040 KRISTEN AMY NEVELL HONORARIUM FOR ONE STATE TOGETHER ART CONF 40.00 66040 MARGARITA SHIMELFARB HONORARIUM FOR ONE STATE TOGETHER ART CONF 40.00 66040 DIDIER NOLET HONORARIUM FOR ONE STATE TOGETHER ART CONF 40.00 66040 CHARLES N. TAYLOR HONORARIUM FOR ONE STATE TOGETHER ART CONF 50.00 66040 MODAL MUSIC, INC.HONORARIUM FOR ONE STATE TOGETHER ART CONF 150.00 66040 ALICE GEORGE HONORARIUM FOR ONE STATE TOGETHER ART CONF 40.00 66040 INDIRA JOHNSON HONORARIUM FOR ONE STATE TOGETHER ART CONF 50.00 66040 EVANSTON DANCE ENSEMBLE HONORARIUM FOR ONE STATE TOGETHER ART CONF 100.00 66040 MUSE OF FIRE THEATRE COMPANY HONORARIUM FOR ONE STATE TOGETHER ART CONF 300.00 66040 ENID SMITH HONORARIUM FOR ONE STATE TOGETHER ART CONF 75.00 66040 CHRIS HEISINGER HONORARIUM FOR ONE STATE TOGETHER ART CONF 40.00 66040 KRISTIN LEMS HONORARIUM FOR ONE STATE TOGETHER ART CONF 75.00 66040 COMMUNITY OF CONTEMPORARY HONORARIUM FOR ONE STATE TOGETHER ART CONF 200.00 1580 COMMUNITY ARTS Total 3,408.94 1705 LEGAL ADMINISTRATION 62295 MICHELLE L. MASONCUP REIMBURSEMENT: SPEAKER AT APA CONFERENCE 173.30 62295 MICHELLE L. MASONCUP REIMBURSEMENT: IMLA CONFERENCE 181.03 62360 HENRY J FORD JR REIMBURSEMENT: BAR ASSOCIATION DUES 170.00 1705 LEGAL ADMINISTRATION Total 524.33 1910 FINANCE DIVISION - REVENUE 62431 DUNBAR ARMORED ARMORED CAR SERVICES 3,065.85 62449 DUNCAN PARKING TECHNOLOGIES, INC.CONTRACT RENEWAL FOR PROCESSING AND PARKING CITATIONS 31,369.88 65095 DUNBAR ARMORED ARMORED CAR SERVICES - DEPOSIT BAGS 109.73 1910 FINANCE DIVISION - REVENUE Total 34,545.46 1920 FINANCE DIVISION - ACCOUNTING 62280 FEDERAL EXPRESS CORP.SHIPPING CHARGES 165.36 65095 OFFICE DEPOT OFFICE SUPPLIES 208.14 1920 FINANCE DIVISION - ACCOUNTING Total 373.50 1925 FINANCE DIVISION - PURCHASING 65095 OFFICE DEPOT OFFICE SUPPLIES 53.13 1925 FINANCE DIVISION - PURCHASING Total 53.13 1929 HUMAN RESOURCE DIVISION 62160 ILLINOIS STATE POLICE BACKGROUND CHECKS-EMPLOYMENT TESTING 500.00 62160 TRANS UNION CORP BACKGROUND CHECKS-POLICE 133.50 62160 THEODORE POLYGRAPH SERVICE, INC.EMPLOYMENT TESTING-POLICE 150.00 140 of 288 CITY OF EVANSTON BILLS LIST PERIOD ENDING 10.27.2015 62270 QUEST DIAGNOSTICS TESTING-POLICE 273.50 62270 NORTHSHORE UNIVERSITY HEALTH SYSTEM NORTH SHORE UNIVERSITY HEALTH SYSTEMS-PHYSICALS AND TESTING 8,355.00 62310 THROUGH THE FORREST EMPLOYEE TRAINING WORKSHOP 1,000.00 65095 OFFICE DEPOT OFFICE SUPPLIES 111.97 65125 SAM'S CLUB DIRECT SUPPLIES: WELLNESS PROGRAM 1,137.00 1929 HUMAN RESOURCE DIVISION Total 11,660.97 1932 INFORMATION TECHNOLOGY DIVI. 62380 US BANK EQUIPMENT FINANCE COPIER CHARGES 1,805.66 62380 CHICAGO OFFICE TECHNOLOGY GROUP COPIER CHARGES 3,756.99 62509 JUNAR, INC OPEN DATA PLATFORM - 2 YEAR RENEWAL 10,650.00 64540 VERIZON WIRELESS COMMUNICATION CHARGES 1,824.48 65095 OFFICE DEPOT OFFICE SUPPLIES 1,091.20 65555 AT&T DATA COMM WIRELESS ACCESS POINTS SHERMAN GARAGE VIDEO 2,538.10 65615 COMCAST CABLE COMMUNICATION CHARGES 3,859.13 1932 INFORMATION TECHNOLOGY DIVI. Total 25,525.56 1940 MISC. EXPENDITURES / BENEFITS 62706 KAP SUM PROPERTIES *SALES TAX -MAIN STREET PLAZA 355,668.22 1940 MISC. EXPENDITURES / BENEFITS Total 355,668.22 1941 PARKING ENFORCEMENT & TICKETS 52505 KRAFT, ERIC PARKING TICKET REFUND 250.00 52505 LAZAR, SHARON TICKET REFUND 35.00 52505 GREG & JENNY RICHARDS PARKING TICKET OVERPAYMENT 35.00 62451 NORTH SHORE TOWING INVOICE FOR IMMOBILIZATION PROGRAM 8/1-8/31 3,230.00 64005 COMED UTILITIES 252.01 1941 PARKING ENFORCEMENT & TICKETS Total 3,802.01 2101 COMMUNITY DEVELOPMENT ADMIN 62360 SUMAR, MALEKA REIMBURSEMENT: PMI RENEWAL 164.00 2101 COMMUNITY DEVELOPMENT ADMIN Total 164.00 2126 BUILDING INSPECTION SERVICES 62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTION 350.00 65095 OFFICE DEPOT OFFICE SUPPLIES 59.79 2126 BUILDING INSPECTION SERVICES Total 409.79 2128 EMERGENCY SOLUTIONS GRANT 67110 CONNECTIONS FOR THE HOMELESS 2014 ESG GRANT 9,721.60 2128 EMERGENCY SOLUTIONS GRANT Total 9,721.60 2205 POLICE ADMINISTRATION 62272 WILD CROW COMMUNICATION, INC DEPLOYMENT MEETINGS 75.00 62370 NATIONAL AWARD SERVICES RETIREMENT AWARDS 576.00 62490 CDW GOVERNMENT INC.MEMBERSHIP-ADOBE 495.00 64005 COMED UTILITIES 207.96 2205 POLICE ADMINISTRATION Total 1,353.96 2210 PATROL OPERATIONS 62490 EVANSTON FUNERAL & CREMATION BODY REMOVAL 1,262.00 65020 FIRSTSPEAR BULLET PROOF VEST 1,058.97 2210 PATROL OPERATIONS Total 2,320.97 2240 POLICE RECORDS 65095 OFFICE DEPOT OFFICE SUPPLIES-CHARGER 6.83 65095 OFFICE DEPOT OFFICE SUPPLIES-FRAME 22.30 65095 OFFICE DEPOT OFFICE SUPPLIES-PAPER PADS/TAPE/PEN 49.07 2240 POLICE RECORDS Total 78.20 2250 SERVICE DESK 62425 COLLEY ELEVATOR CO.ELEVATOR INSPECTION 181.00 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 927.00 2250 SERVICE DESK Total 1,108.00 2251 311 CENTER 64505 VERIZON WIRELESS COMMUNICATION CHARGES 38.01 2251 311 CENTER Total 38.01 2260 OFFICE OF ADMINISTRATION 62210 MSF GRAPHICS, INC.DEATH INVESTIGATION FORMS 268.50 62210 SILK SCREEN EXPRESS, INC.DETECTIVE FOLDERS 477.00 62295 COLLEGE OF DUPAGE ET TRAINING 1,260.00 62295 EVANSTON ATHLETIC CLUB HEALTH CLUB DUES-AUG 2015 361.15 62295 EVANSTON ATHLETIC CLUB HEALTH CLUB DUES-JULY 2015 350.30 62295 EVANSTON ATHLETIC CLUB HEALTH CLUB DUES-JUNE 2015 387.50 62295 RUST, BRIAN MEALS-LEAD HOMICIDE 75.00 62295 MORGAN, SUSAN EVIDENCE DROP OFF-CRIME LAB 28.75 62295 RUSSELL, DANIEL TRAINING-MANAGING & CONTROLLING MAJOR CASES 231.00 62295 JASON GARNER TRAINING-WORKING & CONTROLLING MAJOR CASES 190.00 64565 COMCAST CABLE UTILITIES 48.42 2260 OFFICE OF ADMINISTRATION Total 3,677.62 241 of 288 CITY OF EVANSTON BILLS LIST PERIOD ENDING 10.27.2015 2270 TRAFFIC BUREAU 65125 GLENN RICE REFUND: STORAGE 24 DAYS 960.00 2270 TRAFFIC BUREAU Total 960.00 2280 ANIMAL CONTROL 62225 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICES 52.76 62509 EVANSTON ANIMAL SHELTER ASSOCIATION *GRANT FUNDS 10,769.23 64015 NICOR UTILITIES 259.16 2280 ANIMAL CONTROL Total 11,081.15 2305 FIRE MGT & SUPPORT 62518 KC FITNESS SERVICE EQUIPMENT REPAIR 149.21 64540 VERIZON WIRELESS COMMUNICATION CHARGES 152.04 65020 AIR ONE EQUIPMENT FIRE HUNTER BOOT 316.00 65020 TODAY'S UNIFORMS INC.UNIFORMS 6,264.32 2305 FIRE MGT & SUPPORT Total 6,881.57 2315 FIRE SUPPRESSION 62295 VILLAGE OF ROMEOVILLE FIRE ACADEMY FIRE FIGHTER TRAINING 900.00 62509 PRAXAIR DISTIBUTION INC MEDICAL OXYGEN 473.73 62521 PHYSIO-CONTROL, INC.MEDICAL SUPPLIES 767.75 62522 AIR ONE EQUIPMENT METER CALIBRATION 35.00 65040 SAM'S CLUB DIRECT *SUPPLIES: JANITORIAL 249.06 65105 EMERGENCY MEDICAL PRODUCT EMS SUPPLIES 13.60 65125 EMERGENCY MEDICAL PRODUCT MEDICAL SUPPLIES 141.39 65625 EMERGENCY MEDICAL PRODUCT MEDICAL SUPPLIES 1,714.22 2315 FIRE SUPPRESSION Total 4,294.75 2435 FOOD AND ENVIRONMENTAL HEALTH 62210 ALLEGRA PRINT & IMAGING PRINTED ENVELOPES 265.00 62477 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 66.38 62477 VERIZON WIRELESS COMMUNICATION CHARGES 205.80 64540 VERIZON WIRELESS COMMUNICATION CHARGES 119.66 65095 OFFICE DEPOT OFFICE SUPPLIES 65.55 2435 FOOD AND ENVIRONMENTAL HEALTH Total 722.39 2440 VITAL RECORDS 62490 IL DEPT OF PUBLIC HEALTH DEATH CERTIFICATES 876.00 65095 MSF GRAPHICS, INC.BIRTH CERTIFICATES 988.00 65095 OFFICE DEPOT OFFICE SUPPLIES 53.98 2440 VITAL RECORDS Total 1,917.98 2455 COMMUNITY HEALTH 65025 SAM'S CLUB DIRECT *SUPPLIES: PARKS PROGRAM 122.93 65025 SAM'S CLUB DIRECT *SUPPLIES: STAFF APPRECIATION 46.80 2455 COMMUNITY HEALTH Total 169.73 2605 DIRECTOR OF PUBLIC WORKS 64540 VERIZON WIRELESS COMMUNICATION CHARGES 38.01 2605 DIRECTOR OF PUBLIC WORKS Total 38.01 2610 MUNICIPAL SERVICE CENTER 62225 SMITHEREEN PEST MANAGEMENT SERVICES RODENT CONTROL 93.00 62440 RAYNOR DOOR COMPANY OVERHEAD DOOR MAINTENANCE SERVICE CENTER 512.58 62518 FOX VALLEY FIRE & SAFETY FIRE ALARM ANNUAL FEE 1,266.00 62518 FOX VALLEY FIRE & SAFETY FIRE ALARM SERVICE 574.00 62518 RIXON CUSTOM EQUIPMENT OVERHEAD DOOR MAINTENANCE SERVICE CENTER 745.00 2610 MUNICIPAL SERVICE CENTER Total 3,190.58 2625 ENGINEERING 62210 FEDERAL EXPRESS CORP.SHIPPING CHARGES 207.34 62295 OCCUPATIONAL TRAINING & SUPPLY QUALITATIVE FIT TESTING 50.00 65090 OCCUPATIONAL TRAINING & SUPPLY QUALITATIVE FIT TESTING 57.85 2625 ENGINEERING Total 315.19 2630 TRAFFIC ENGINEERING 52130 ELLIOTT, TIM OVERPAYMENT 15.00 2630 TRAFFIC ENGINEERING Total 15.00 2640 TRAF. SIG. & ST. LIGHT. MAINT 64006 COMED UTILITIES 23,932.09 64007 COMED UTILITIES 13,127.29 64008 COMED UTILITIES 116.87 65070 BROWN TRAFFIC PRODUCTS TRAFFIC SIGNAL POST CAPS 1,050.00 2640 TRAF. SIG. & ST. LIGHT. MAINT Total 38,226.25 2650 PARKS AND FORESTRY ADMIN 65095 OFFICE DEPOT OFFICE SUPPLIES 53.04 2650 PARKS AND FORESTRY ADMIN Total 53.04 342 of 288 CITY OF EVANSTON BILLS LIST PERIOD ENDING 10.27.2015 2655 PARKS & FORESTRY MAINT. & OPER. 62195 CLESEN WHOLESALE CHURCH AND DODGE PLANTS 49.50 62195 CLESEN WHOLESALE CIVIC CENTER PLANTS 194.05 62195 LANDSCAPE CONCEPTS MANAGEMENT, INC.2015 GREEN BAY ROAD LANDSCAPE MAINTENANCE (BID #15-10)3,143.00 62195 LANDSCAPE CONCEPTS MANAGEMENT, INC.CALLAN AVE. STREETSCAPE LANDSCAPE MAINTENANCE 311.25 62199 NATIONAL AWARD SERVICES ENGRAVED PLATE 30.00 62199 NUTOYS LEISURE PRODUCTS SWING HARDWARE 195.00 62199 KOMPAN, INC.PLAYGROUND EQUIPMENT 1,673.57 62385 NELS J. JOHNSON TREE EXPERTS, INC.1026 FOREST REMOVED DISEASED ELM TREE 1,190.00 62385 NELS J. JOHNSON TREE EXPERTS, INC.ELM TREE REMOVAL 3,370.00 62385 SUNRISE TREE SERVICE INC ELM TREE REMOVAL 1,080.00 62385 JACKIE VERRILLI DAMAGED BRANCH REMOVAL 290.00 65015 RUSSO POWER EQUIPMENT PRUNER, FOLDING SAW, GLYSTAR PLUS 529.99 65070 LURVEY LANDSCAPE SUPPLY LAKEFRONT GRAVEL 130.00 65085 RUSSO POWER EQUIPMENT POLE SAW, ROPE, CHAIN OIL 632.95 65085 RUSSO POWER EQUIPMENT PRUNER, FOLDING SAW, GLYSTAR PLUS 91.97 65090 CINTAS CORPORATION #2 FIRST AID- SERVICE CENTER 87.98 2655 PARKS & FORESTRY MAINT. & OPER. Total 12,999.26 2665 STREETS AND SANITATION ADMINIS 64540 VERIZON WIRELESS COMMUNICATION CHARGES 380.10 65025 COMPASS COM SOFTWARE MONTHLY FEE 179.40 65095 OFFICE DEPOT OFFICE SUPPLIES 386.09 2665 STREETS AND SANITATION ADMINIS Total 945.59 2670 STREET AND ALLEY MAINTENANCE 62415 KLF TRUCKING 2015 DEBRIS HAULING 1,050.00 65055 ARROW ROAD CONSTRUCTION ASPHALT 3,020.68 65115 TRAFFIC CONTROL & PROTECTION, INC.TRAFFIC CONTROL- BIG FORK EVENT 1,225.00 65115 TRAFFIC CONTROL & PROTECTION, INC.TRAFFIC CONTROL- BIKE THE RIDGE 750.00 2670 STREET AND ALLEY MAINTENANCE Total 6,045.68 2677 FACILITIES 62225 ANDERSON PEST CONTROL PEST CONTROL 862.20 62225 LIONHEART ENGINEERING P.C.LEVY GENERATOR REPAIR 612.00 65040 WAREHOUSE DIRECT INC.JANITORIAL SERVICES-SERVICE CENTER 70.77 65040 WAREHOUSE DIRECT INC.JANITORIAL SERVICES CREDIT -318.30 65040 WAREHOUSE DIRECT INC.JANITORIAL SUPPLIES-CIVIC CENTER 2,101.42 65040 WAREHOUSE DIRECT INC.JANITORIAL SUPPLIES-SERVICE CENTER 795.68 2677 FACILITIES Total 4,123.77 3005 REC. MGMT. & GENERAL SUPPORT 65125 SAM'S CLUB DIRECT *SUPPLIES: PARKS PROGRAM 161.30 3005 REC. MGMT. & GENERAL SUPPORT Total 161.30 3020 REC GENERAL SUPPORT 62490 BENNISONS BAKERIES FARMERS MARKET 34.00 62490 DULCE CARAMEL CO.FARMERS MARKET 51.00 62490 THE CHEESE PEOPLE FARMERS MARKET 76.00 62490 KATIC BREADS WHOLESALE, LLC FARMERS MARKET 74.00 62490 MARIGOLD HILL ORGANICS, LLC FARMERS MARKET 143.00 62490 JON FIRST FARMERS MARKET 528.00 62490 TERESA'S FRUIT AND HERBS FARMERS MARKET 84.00 62490 LAKE BREEZE ORGANICS FARMERS MARKET 88.00 62490 LYON'S FARM FARMERS MARKET 45.00 62490 HENRY'S FARM FARMERS MARKET 251.00 62490 HEARTLAND MEATS FARMERS MARKET 55.00 62490 K & K FARM'S FARMERS MARKET 181.00 62490 KINNIKINNICK FARM FARMERS MARKET 229.00 62490 ED GAST FARMERS MARKET 217.00 62490 J.W. MORLOCK AND GIRLS FARMERS MARKET 96.00 62490 GENEVA LAKES PRODUCE FARMERS MARKET 207.00 62490 OLD TOWN OIL FARMERS MARKET 99.00 62490 M AND D FARMS FARMERS MARKET 75.00 62490 NOFFKE FAMILY FARM FARMERS MARKET 48.00 62490 NICHOLS FARM & ORCHARD FARMERS MARKET 368.00 62490 ZELDENRUST FARM FARMERS MARKET 270.00 62490 SEEDLING FARMERS MARKET 40.00 62490 K.V. STOVER AND SON FARMERS MARKET 251.00 62490 SMITS FARMS FARMERS MARKET 78.00 62490 GREAT HARVEST BREAD CO.FARMERS MARKET 49.00 62490 GREEN ACRES FARMERS MARKET 142.00 62490 SWEETY PIES BAKERY CAKERY CAFE, LLC FARMERS MARKET 48.00 62490 RIVER VALLEY RANCH FARMERS MARKET 99.00 62513 SAM'S CLUB DIRECT *SUPPLIES: COMMUNITY PICNIC 130.60 65110 SAM'S CLUB DIRECT *SUPPLIES: FARMERS MARKET 62.02 65125 VERIZON WIRELESS COMMUNICATION CHARGES 456.12 3020 REC GENERAL SUPPORT Total 4,574.74 3025 PARK UTILITIES 64005 COMED UTILITIES 2,004.44 64015 NICOR UTILITIES 189.67 3025 PARK UTILITIES Total 2,194.11 443 of 288 CITY OF EVANSTON BILLS LIST PERIOD ENDING 10.27.2015 3030 CROWN COMMUNITY CENTER 62505 GARY KANTOR MAGIC CLASS TEACHER 224.00 65025 SAM'S CLUB DIRECT *SUPPLIES: PRESCHOOL SUPPLIES 89.39 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 733.34 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 62.64 65110 SAM'S CLUB DIRECT *SUPPLIES: LUNCH 80.26 65110 SAM'S CLUB DIRECT *SUPPLIES: PRESCHOOL SUPPLIES 217.40 3030 CROWN COMMUNITY CENTER Total 1,407.03 3035 CHANDLER COMMUNITY CENTER 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 31.20 65040 SUPERIOR INDUSTRIAL SUPPLY CUSTODIAL SUPPLIES 113.07 3035 CHANDLER COMMUNITY CENTER Total 144.27 3040 FLEETWOOD JOURDAIN COM CT 62225 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 74.33 62225 STA-KLEEN INC.KITCHEN FILTER REPLACEMENT 41.00 62225 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 755.69 62225 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 78.15 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 41.00 62511 KEVIN SPARKMON SECURITY FOR PRIVATE RENTAL 270.00 65110 COMCAST CABLE CABLE SERVICE 105.03 65110 CINTAS CORPORATION #769 WEEKLY MAT SERVICE 148.96 3040 FLEETWOOD JOURDAIN COM CT Total 1,514.16 3045 FLEETWOOD/JOURDAIN THEATER 62505 EVANSTON PHOTOGRAPHIC STUDIOS MAYA'S LAST POEM VIDEO 150.00 62505 EVANSTON PHOTOGRAPHIC STUDIOS VAGINA MONOLOGUES VIDEO 150.00 62505 EVANSTON PHOTOGRAPHIC STUDIOS VIDEO COVERAGE 150.00 62505 HAMILTON, DAVID LAWRENCE TATER TOT THEATRE PRODUCTION 100.00 62505 HAMILTION, DAWN-MARIE CO-COORDINATE VOICE OF OPERA 300.00 62505 EVA MCCANN THEATRE PRODUCTION 300.00 62511 AGUIRRE, NICHOLIA TATOR TOT PRODUCTION MEETING 585.00 65110 SAM'S CLUB DIRECT *SUPPLIES: FJT GALA 33.04 3045 FLEETWOOD/JOURDAIN THEATER Total 1,768.04 3050 RECREATION OUTREACH PROGRAM 62509 MORAGNE, STACEY *OUTREACH WORK EFFORTS 386.10 3050 RECREATION OUTREACH PROGRAM Total 386.10 3055 LEVY CENTER SENIOR SERVICES 56045 ILLINOIS DEPT OF REVENUE *SALES TAX SEPTEMBER 2015 41.00 61062 KEVIN SPARKMON SECURITY FOR PRIVATE RENTAL 120.00 62210 ALLEGRA PRINT & IMAGING ENVELOPES 582.00 62245 FOLDING PARTITION SERVICES FOLDING PARTITION REPAIR 313.00 62295 THOMPSON, AUDREY REIMBURSEMENT: OMBUDSMAN RETREAT 258.72 62505 RICHMOND, PHYLLIS 4 WEEK ALEXANDER TECHNIQUE CLASS 110.00 62511 COMCAST CABLE CABLE CHARGES 146.11 62695 303 TAXI TAXI COUPON REIMBURSEMENT 9,240.00 62695 AMERICAN CHARGE SERVICE TAXI COUPON REIMBURSEMENT 270.00 65025 SAM'S CLUB DIRECT *SUPPLIES: AFTER SCHOOL PROGRAM 220.61 65025 CATHOLIC CHARITIES OF CHICAGO CONGREGATE MEAL PROGRAM-SEPTEMBER 2,892.50 65040 SAM'S CLUB DIRECT *SUPPLIES: AFTER SCHOOL PROGRAM 84.82 65095 VERIZON WIRELESS COMMUNICATION CHARGES 38.01 65110 SAM'S CLUB DIRECT *SUPPLIES: AFTER SCHOOL PROGRAM 66.14 65110 OLYMPIA SALES CARDS FOR GIFT SHOP 175.98 3055 LEVY CENTER SENIOR SERVICES Total 14,558.89 3065 BOAT RAMP-CHURCH ST 65050 GLOBAL INFRASTRUCTURE, LLC DIVER ASSISTED DREDGING WORK 14,156.28 3065 BOAT RAMP-CHURCH ST Total 14,156.28 3080 BEACHES 64015 NICOR UTILITIES 33.00 65040 SUPERIOR INDUSTRIAL SUPPLY CLEANING SUPPLIES 163.20 3080 BEACHES Total 196.20 3095 CROWN ICE RINK 62245 JORSON & CARLSON BLADES CLEANED & SHARPENED 35.49 62245 YOUR HOME PROJECTS VINYL STRIP & WAXING -CHILD CARE SIDE 1,268.00 62375 JEAN'S GREENS, INC.MONTHLY PLANT SERVICE 100.00 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 79.00 62508 LEVI, SHANNON ADULT BROOMBALL LEAGUE SCOREKEEPER 45.00 62508 LEVI, SHANNON ADULT BROOMBALL LEAGUE SCOREKEEPER 15.00 62508 CHAVANNES, SEBASTIEN ADULT BROOMBALL LEAGUE REFEREE 90.00 62508 SHAWN PFEIFFER ADULT BROOMBALL LEAGUE REFEREE 210.00 62508 MATTHEW LEVI ADULT BROOMBALL LEAGUE REFEREE 105.00 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 347.69 65110 NEVCO SCOREBOARD COMPANY SCOREBOARD REPAIR 108.21 3095 CROWN ICE RINK Total 2,403.39 3130 SPECIAL RECREATION 62490 MCGAW YMCA POOL RENTAL 2,400.00 3130 SPECIAL RECREATION Total 2,400.00 544 of 288 CITY OF EVANSTON BILLS LIST PERIOD ENDING 10.27.2015 3215 YOUTH ENGAGEMENT DIVISION 62205 GENERATION COPY INC PRINTING SERVICE 258.00 62490 SALVATION ARMY MSYEP EMPLOYER REIMBURSEMENT 6,000.00 62490 KRAVE, LLC MSYEP EMPLOYER REIMBURSEMENT 6,000.00 3215 YOUTH ENGAGEMENT DIVISION Total 12,258.00 3225 GIBBS-MORRISON CULTURAL CENTER 62225 COMED UTILITIES 315.84 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 110.00 3225 GIBBS-MORRISON CULTURAL CENTER Total 425.84 3605 ECOLOGY CENTER 62490 KEVIN SPARKMON SECURITY FOR PRIVATE RENTAL 120.00 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 64.97 62518 ALARM DETECTION SYSTEMS, INC.ANNUAL ALARM CHARGES 444.72 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 87.64 3605 ECOLOGY CENTER Total 717.33 3710 NOYES CULTURAL ARTS CENTER 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 39.14 3710 NOYES CULTURAL ARTS CENTER Total 39.14 3720 CULTURAL ARTS PROGRAMS 62506 NORTHWESTERN UNIVERSITY WORK STUDY STUDENT 567.50 3720 CULTURAL ARTS PROGRAMS Total 567.50 100 GENERAL FUND Total 788,966.54 200 MOTOR FUEL TAX FUND 5100 MOTOR FUEL TAX - ADMINISTRATION 65515 J.A. JOHNSON PAVING CO 2015 CIP III - STREET RESURFACING PROJECT BID #15-44 200,000.00 5100 MOTOR FUEL TAX - ADMINISTRATION Total 200,000.00 200 MOTOR FUEL TAX FUND Total 200,000.00 205 EMERGENCY TELEPHONE (E911) FUND 5150 EMERGENCY TELEPHONE SYSTM 62509 CHICAGO COMMUNICATIONS, LLC.ZETRON IP FSA SERVICE AGREEMENT 660.00 62509 IRON MOUNTAIN OSDP OFF-SITE DATA PROTECTION MONTHLY EXPENSES 401.16 62509 WORD SYSTEMS INC RENEW STANDARD SUPPORT AGREEMENT 2,927.29 64505 AT & T COMMUNICATION CHARGES 573.06 64540 VERIZON WIRELESS COMMUNICATION CHARGES 4,323.89 65085 CHICAGO COMMUNICATIONS, LLC.COMMUNICATION DEVICE 345.00 65085 CHICAGO COMMUNICATIONS, LLC.COMMUNICATION DEVICE 655.00 65085 CHICAGO COMMUNICATIONS, LLC.RADIO PARTS 380.00 65085 MOTOROLA SOLUTIONS, INC.CABLES AND ANTENNAS 1,495.01 5150 EMERGENCY TELEPHONE SYSTM Total 11,760.41 205 EMERGENCY TELEPHONE (E911) FUND Total 11,760.41 215 CDBG FUND 5220 CDBG ADMINISTRATION 65095 OFFICE DEPOT OFFICE SUPPLIES -12.16 5220 CDBG ADMINISTRATION Total -12.16 215 CDBG FUND Total -12.16 220 CDBG LOAN 5285 MULTI FAM REHAB PROGRAM 65535 VALUE REMODELING INC REPAIR WORK:1823-1831 BRUMMEL AVE 21,845.00 5285 MULTI FAM REHAB PROGRAM Total 21,845.00 220 CDBG LOAN FUND Total 21,845.00 645 of 288 CITY OF EVANSTON BILLS LIST PERIOD ENDING 10.27.2015 240 HOME FUND 5430 HOME FUND 65535 CONNECTIONS FOR THE HOMELESS 2015 TBRA PROGRAM -SEPT 16,539.69 5430 HOME FUND Total 16,539.69 240 HOME FUND Total 16,539.69 320 DEBT SERVICE FUND 5711 2010 A BONDS 62350 CHAPMAN & CUTLER ARBITRAGE REBATE 2,500.00 5711 2010 A BONDS Total 2,500.00 320 DEBT SERVICE FUND Total 2,500.00 415 CAPITAL IMPROVEMENTS FUND 4150 CAPITAL PROJECTS 415454 65515 CDS OFFICE TECHNOLOGIES PANASONIC EPD FIRE LAPTOPS 114,271.00 416455 62145 TERRA ENGINEERING, LTD LADD ARBORETUM - PHASE 3 ENGINEERING 3,148.21 415924 62145 INFRASTRUCTURE ENGINEERING, INC ENGINEERING SERVICES-CENTRAL ST PROJECT 6,517.09 416434 62145 INFRASTRUCTURE ENGINEERING, INC ENGINEERING SERVICES-CENTRAL ST PROJECT 5,014.51 415192 62185 COMMUNITY COUNSELLING SERVICE CROWN CENTER FEASIBILITY/PLANNING STUDY 25,000.00 415424 65502 CLAUSS BROTHERS, INC.BID #15-38, CLARK STREET BEACH BIRD SANCTUARY 20,350.80 65515 CENTRAL RUG & CARPET CO.WOOD FLOORING AT GIBBS-MORRISON CENTER 9,875.00 65515 STANLEY CONSULTANTS INC.SHERIDAN RD SIGNAL MODERNIZATION 21,123.44 415855 65515 J.A. JOHNSON PAVING CO 2015 CIP III - STREET RESURFACING PROJECT BID #15-44 172,283.12 415424 65515 KETTELKAMP & KETTELKAMP LANDSCAPE ARCTH.CONSULTING SERVICES- CLARK ST BEACH BIRD HABITAT PROJECT 1,330.00 415183 65515 A LAMP CONCRETE CONTRACTORS, INC.CENTRAL ST STREETSCAPE PROJECT BID #15-43 111,745.82 415455 65515 A LAMP CONCRETE CONTRACTORS, INC.CENTRAL ST STREETSCAPE PROJECT BID #15-43 193,105.70 4150 CAPITAL PROJECTS Total 683,764.69 415 CAPITAL IMPROVEMENTS FUND Total 683,764.69 420 SPECIAL ASSESSMENT FUND 6000 SPECIAL ASSESSMENT 415860 65515 TRIGGI CONSTRUCTION, INC.2015 SPECIAL ASSESSMENT PAVING - VARIOUS ALLEYS BID #15-52 100,620.00 6000 SPECIAL ASSESSMENT Total 100,620.00 420 SPECIAL ASSESSMENT FUND Total 100,620.00 505 PARKING SYSTEM FUND 7005 PARKING SYSTEM MGT 53510 COOK COUNTY COLLECTOR *PARKING TAXES 110.00 62431 DUNBAR ARMORED ARMORED CAR SERVICES 10,981.60 415447 65515 STANLEY CONSULTANTS INC.1621 OAK AVE PARKING LOT REHAB 15,120.00 68205 VERIZON WIRELESS COMMUNICATION CHARGES 76.21 7005 PARKING SYSTEM MGT Total 26,287.81 7015 PARKING LOTS & METERS 64005 COMED UTILITIES 258.47 65070 DUNCAN PARKING TECHNOLOGIES, INC.MONTHLY AUTOTRAX FEE - BACK OFFICE (OCTOBER 2015)12,586.00 65070 PASSPORT PARKING, INC`MONTHLY MOBILE PAY FEE SEPT 2015 3,785.95 65070 TOTAL PARKING SOLUTIONS, INC.RECEIPT PAPER FOR PARKING TERMINALS 960.00 65504 WISS, JANNEY, ELSTNER ASSOCIATES INC.MAIN LIBRARY PARKING GARAGE ARCHITECTURAL SERVICES 3,875.00 7015 PARKING LOTS & METERS Total 21,465.42 7025 CHURCH STREET GARAGE 53500 COOK COUNTY COLLECTOR *PARKING TAXES 2,291.00 62509 SIMPLEX TIME RECORDER ANNUAL FIRE ALARM MONITORING SERVICE FEE 450.00 62509 SIMPLEX TIME RECORDER ANNUAL SERVICE AGREEMENT 1,195.00 7025 CHURCH STREET GARAGE Total 3,936.00 7036 SHERMAN GARAGE 53500 COOK COUNTY COLLECTOR *PARKING TAXES 2,318.00 65050 RESIDENCES OF SHERMAN PLAZA MANAGEMENT OFFICE EMERGENCY FIRE PUMP REPAIR 129.44 65050 HUB PARKING TECHNOLOGY USA, INC.THERMAL PAPER 135.00 7036 SHERMAN GARAGE Total 2,582.44 7037 MAPLE GARAGE 53500 COOK COUNTY COLLECTOR *PARKING TAXES 1,559.00 53510 COOK COUNTY COLLECTOR *PARKING TAXES 459.00 64015 NICOR UTILITIES 84.86 7037 MAPLE GARAGE Total 2,102.86 505 PARKING SYSTEM FUND Total 56,374.53 746 of 288 CITY OF EVANSTON BILLS LIST PERIOD ENDING 10.27.2015 510 WATER FUND 7100 WATER GENERAL SUPPORT 22700 FURMAN, PATTI OVERPAYMENT OF WATER ACCT 5543730-00 94.47 22700 BLAKE & KAREN HORWITZ OVERPAYMENT OF WATER ACCT 3340490-04 30.00 22700 KOLPAS, ELAINE OVERPAYMENT OF WATER ACCT 1163750-01 227.80 22700 SAM MCKINLEY C/O TIFFANY MCKINLEY OVERPAYMENT OF WATER ACCT 2230870-00 243.85 22700 A TRIESCHMANN OVERPAYMENT OF WATER ACCT 2292590-00 73.47 22700 CHIARO, MARY OVERPAYMENT OF WATER ACCT 4460780-02 110.16 22700 TIPE, PAULETTE OVERPAYMENT OF WATER ACCT 4491300-01 50.00 22700 LAI, LJUN OVERPAYMENT OF WATER ACCT 5540460-06 69.72 22700 ANN BRANNING OVERPAYMENT OF WATER ACCT 6661070-00 90.08 22700 CANDACE KUCZMARSKI OVERPAYMENT OF WATER ACCT 2260110-14 136.82 22700 DEJONGH, CARMEN OVERPAYMENT OF WATER ACCT 3331300-09 51.55 56140 ILLINOIS DEPT OF REVENUE *SALES TAX SEPTEMBER 2015 2,877.00 62210 ALLEGRA PRINT & IMAGING BUSINESS CARDS FOR DIRECTOR 39.00 62245 CDM SMITH, INC.SCADA SUPPORT SERVICES (14-02)3,223.32 62315 FEDERAL EXPRESS CORP.SHIPPING CHARGES 31.16 64505 BYTRONICS, INC., BASIN TECH CENTRE MONTHLY SUPPORT FOR DIGTRACK TICKETS 180.80 65070 CDM SMITH, INC.SCADA SUPPORT SERVICES (14-02)20,102.94 65095 OFFICE DEPOT OFFICE SUPPLIES 148.96 7100 WATER GENERAL SUPPORT Total 27,781.10 7105 PUMPING 62230 VIBRALIGN INC.FIXTURLASER - LASER ALIGNMENT TOOL 9,445.00 64015 NICOR UTILITIES 28.79 64540 VERIZON WIRELESS COMMUNICATION CHARGES 76.02 65070 VIBRALIGN INC.FIXTURLASER - LASER ALIGNMENT TOOL 9,412.27 65085 FALCON ELECTRIC, INC.PUMP STATION ON-LINE UPS 9,434.60 7105 PUMPING Total 28,396.68 7110 FILTRATION 64540 VERIZON WIRELESS COMMUNICATION CHARGES 76.02 65015 JCI JONES CHEMICALS, INC.LIQUID CHLORINE (BID 14-62)2,544.00 65015 KEY CHEMICAL, INC.HYDROFLUOROSILICIC ACID (BID 14-62)9,892.47 65030 CARUS PHOSPHATES, INC.ORTHOPOLYPHOSPHATE (BID 14-62)17,473.88 7110 FILTRATION Total 29,986.37 7115 DISTRIBUTION 62415 KLF TRUCKING 2015 DEBRIS HAULING 9,350.00 64540 VERIZON WIRELESS COMMUNICATION CHARGES 38.01 65055 MID AMERICAN WATER OF WAUCONDA INC.2015 DISTRIBUTION SYSTEM MATERIALS (#14-06)8,015.69 65090 OCCUPATIONAL TRAINING & SUPPLY RESPIRATOR FIT TESTS & SUPPLIES 647.10 7115 DISTRIBUTION Total 18,050.80 7120 WATER METER MAINTENANCE 62245 WATER SERVICES COMPANY EST 18 TO 25 LRG METER TESTING, REPAIR/PARTS 825.76 7120 WATER METER MAINTENANCE Total 825.76 7125 OTHER OPERATIONS 62340 INNOVYZE, INC.INFOWATER ANNUAL LICENSE FEE 6,250.00 65080 HD SUPPLY WATERWORKS, LTD.VALVE BOXES AND B-BOXES 2,825.00 7125 OTHER OPERATIONS Total 9,075.00 510 WATER FUND Total 114,115.71 513 WATER DEPR IMPRV & EXTENSION FUND 7330 WATER FUND DEP, IMP, EXT 733074 62145 CAROLLO ENGINEERS, INC WATER PLANT INTAKE IMPR ENGR SVS (12-113)10,274.15 733092 62145 TANK INDUSTRY CONSULTANTS ENGINEERING SERVICES-STANDPIPE PAINTING (RFP 13-61)13,052.61 65515 NORTHWESTERN UNIVERSITY LINCOLN STREET RESURFACING PROJECT 651,500.00 7330 WATER FUND DEP, IMP, EXT Total 674,826.76 513 WATER DEPR IMPRV & EXTENSION FUND Total 674,826.76 515 SEWER FUND 7400 SEWER MAINTENANCE 64540 VERIZON WIRELESS COMMUNICATION CHARGES 38.01 7400 SEWER MAINTENANCE Total 38.01 515 SEWER FUND Total 38.01 520 SOLID WASTE FUND 7685 REFUSE COLLECT & DISPOSAL 56155 ILLINOIS DEPT OF REVENUE *SALES TAX SEPTEMBER 2015 52.00 62390 LAKESHORE WASTE SERVICES, LLC FY2015 CONDOMINIUM REFUSE COLLECTION 34,000.00 62415 GROOT RECYCLING & WASTE SERVICES FY2015 RESIDENTIAL REFUSE COLLECTION 140,905.00 65625 VERIZON WIRELESS COMMUNICATION CHARGES 38.01 7685 REFUSE COLLECT & DISPOSAL Total 174,995.01 847 of 288 CITY OF EVANSTON BILLS LIST PERIOD ENDING 10.27.2015 7690 RESIDENTIAL RECYCLING COL 62415 COLLECTIVE RESOURCE INC.COLLECTION OF PLASTIC BAG AND FILM PACKAGING 88.00 64005 COMED UTILITIES 2,058.89 7690 RESIDENTIAL RECYCLING COL Total 2,146.89 7695 YARD WASTE COLLECTION 62415 GROOT RECYCLING & WASTE SERVICES RESIDENTIAL YARD WASTE FY2015 76,630.00 7695 YARD WASTE COLLECTION Total 76,630.00 520 SOLID WASTE FUND Total 253,771.90 600 FLEET SERVICES FUND 7705 GENERAL SUPPORT 62360 MUNICIPAL FLEET MGRS ASSC C/O JACK GRAY REGISTRATION FEE 100.00 64540 VERIZON WIRELESS COMMUNICATION CHARGES 38.01 7705 GENERAL SUPPORT Total 138.01 7710 MAJOR MAINTENANCE 62315 UNITED PARCEL SERVICE SHIPPING CHARGES 24.03 62355 CINTAS #22 WEEKLY UNIFORM SERVICE 321.42 62355 CINTAS CORPORATION #769 WEEKLY MAT SERVICE 408.02 65035 CITY WELDING SALES & SERVICE INC.WELDING GASES 125.28 65035 MANSFIELD OIL COMPANY 7000 GAL BIO DIESEL (B20)14,084.14 65035 MANSFIELD OIL COMPANY 7000 GAL DIESEL 16,099.20 65035 MANSFIELD OIL COMPANY 7995 GALS UNLEADED 17,087.01 65045 CUMMINS N POWER, LLC.INSITE LITE REGISTRATION 550.00 65060 1ST AYD CORPORATION HEAVY DUTY ULTRA WIPE WIPERS 382.77 65060 1ST AYD CORPORATION SHOP CHEMICALS 733.73 65060 BUCK BROTHERS, INC.#604 TIRE ROD ASSY 227.15 65060 CUMBERLAND SERVICENTER AIR FILTER 398.88 65060 CUMMINS N POWER, LLC.RETURN: AIR COMPRESSOR -220.00 65060 DOUGLAS TRUCK PARTS 3 FILTERS 117.99 65060 GROVER WELDING COMPANY #575 WELD REPAIRS 123.80 65060 GROVER WELDING COMPANY #613 HYDRAULIC TANK 696.90 65060 HAVEY COMMUNICATIONS INC.#82 & 83 CONSOLE PLATES 1,116.00 65060 HAVEY COMMUNICATIONS INC.BLANK FILLER PLATES FOR CONSOLES 114.00 65060 HAVEY COMMUNICATIONS INC.CONSOLE BLANK W/MAP LIGHT 99.85 65060 HAVEY COMMUNICATIONS INC.LIGHTING MOD. REPAIRS 371.00 65060 HAVEY COMMUNICATIONS INC.UPLIFT # 28 7,411.10 65060 HAVEY COMMUNICATIONS INC.UPLIFT# 56 7,309.10 65060 INTERSTATE BATTERY OF NORTHERN CHICAGO 4 NEW BATTERIES 352.64 65060 INTERSTATE BATTERY OF NORTHERN CHICAGO 7 BATTERIES 579.32 65060 LAKE/COOK C.V. JOINTS INC #502 2 DRIVE SHAFTS 400.00 65060 LAKE/COOK C.V. JOINTS INC #613 D/S REPAIRS 793.00 65060 LEACH ENTERPRISES, INC.#719 2 BRAKE CHAMBERS 420.18 65060 LEACH ENTERPRISES, INC.DESICCANT CARTRIDGE KIT 262.06 65060 LEACH ENTERPRISES, INC.EXHAUST TAIL SPOUT 94.40 65060 LEACH ENTERPRISES, INC.WASHER SOLVENT 109.00 65060 MONROE TRUCK EQUIPMENT #614 ANTI ICE NOZZLE KIT 158.68 65060 MONROE TRUCK EQUIPMENT 2 HYDRAULIC MOTOR 777.66 65060 MONROE TRUCK EQUIPMENT SNOW WHEEL TIRE 1,003.45 65060 NORTH SHORE TOWING #314 TOW TO RUSH 217.50 65060 NORTH SHORE TOWING #613 TOW TO BILLS AUTO 525.00 65060 NORTH SHORE TOWING #668 TOW TO FLEET GARAGE 225.00 65060 NORTH SHORE TOWING #68 TIRE CHANGE 75.00 65060 NORTH SHORE TOWING TOW #104 TO GMF 100.00 65060 REGIONAL TRUCK EQUIPMENT COMPANY, INC.#170 TAIL GATE SWITCH 72.50 65060 RUNNION EQUIPMENT CO.#914 HYDRAULIC PIPE 341.44 65060 STANDARD EQUIPMENT COMPANY #661 HOSE ASSY 553.42 65060 STANDARD EQUIPMENT COMPANY #956 BALL VALVE 126.61 65060 STANDARD EQUIPMENT COMPANY 3 PIN LINK NU 410.60 65060 STANDARD EQUIPMENT COMPANY PIN LINK NU 358.25 65060 TEMCO MACHINERY INC GASKET EXHAUST 53.68 65060 VERMEER MIDWEST # TIGHTENER BELT 1,201.77 65060 VERMEER MIDWEST #560 SHEAVE/ HUB 268.77 65060 VERMEER MIDWEST #567 AIR FILTER 183.90 65060 VERMEER MIDWEST #567 C-HOOK 247.23 65060 VERMEER MIDWEST BELTS 437.39 65060 VERMEER MIDWEST RETURN: BUSHI NO BIN -62.95 65060 WARREN'S SHELL SERVICE #2005 A/C REPAIRS 127.00 65060 WHOLESALE DIRECT INC FLASH TUBE 34.11 65060 WHOLESALE DIRECT INC PLOW LIGHT PSGR SIDE 1,709.71 65060 WHOLESALE DIRECT INC REPL. FLASH TUBE 31.41 65060 WHOLESALE DIRECT INC ULTRA MOUNT STAND 154.85 65060 WEST SIDE EXCHANGE #550 SNAP RINGS 39.36 65060 WEST SIDE EXCHANGE #609 OUT RIGGER PAIR 426.33 65060 WEST SIDE EXCHANGE STABILIZES PADS 1,039.21 65060 GEIB INDUSTRIES, INC.HYDRAULIC HOSE 497.12 65060 GLOBAL EMERGENCY PRODUCTS, INC.#323 LOCK ASSY FOR SWIVEL 147.64 65060 GLOBAL EMERGENCY PRODUCTS, INC.3 MARKER LIGHTS 54.35 65060 GLOBAL EMERGENCY PRODUCTS, INC.ELECTRICAL REPAIRS 678.20 65060 GLOBAL EMERGENCY PRODUCTS, INC.HANDLE PADDLE EXT 75.26 65060 GLOBAL EMERGENCY PRODUCTS, INC.PROXIMITY SWITCH 291.90 948 of 288 CITY OF EVANSTON BILLS LIST PERIOD ENDING 10.27.2015 65060 GLOBAL EMERGENCY PRODUCTS, INC.REGULATOR ELECTRIC 413.48 65060 GLOBAL EMERGENCY PRODUCTS, INC.STEERING RESERVOIR 38.10 65060 FOSTER COACH SALES, INC.4 FILTERS 686.21 65060 FOSTER COACH SALES, INC.4 SIREN SPEAKERS 696.78 65060 SPEX HAND WASH 14 CAR WASHES 153.00 65060 SPEX HAND WASH 15 CAR WASHES 408.00 65060 SPEX HAND WASH CAR WASHES 375.00 65060 ULINE ULINE SHOP TOWEL BOX 192.74 65060 GOLF MILL FORD #108 BRACKET ENGINE MOUNT 51.89 65060 GOLF MILL FORD #261 REAR VIEW MIRROR FAB 14.00 65060 GOLF MILL FORD #261 SPARK PLUGS 140.64 65060 GOLF MILL FORD #29 BRAKE JOB 550.54 65060 GOLF MILL FORD #50 MIRRORS ASSY 238.12 65060 GOLF MILL FORD #502 BALL JOINTS 249.82 65060 GOLF MILL FORD #502 FRONT END REPAIRS 623.50 65060 GOLF MILL FORD #502 PADS/ROTORS 457.18 65060 GOLF MILL FORD #502 RUNNING BOARD 1,277.29 65060 GOLF MILL FORD #551 BUSHINGS 118.14 65060 GOLF MILL FORD #56 COOLER LINES 124.27 65060 GOLF MILL FORD #69 D/S MIRROR ASSY 228.61 65060 GOLF MILL FORD AIR BAG LIGHTS 70.74 65060 GOLF MILL FORD FUEL ISSUES 1,305.27 65060 GOLF MILL FORD P/S MIRROR #69 238.12 65060 SUBURBAN ACCENTS, INC.CITY LOGOS 513.45 65060 ORLANDO AUTO TOP WINDSHIELD REPLACEMENT 325.00 65060 CHICAGO PARTS & SOUND, LLC ACCUMULATOR ASY 302.05 65060 CHICAGO PARTS & SOUND, LLC BLEND DOOR MOTOR 161.24 65060 CHICAGO PARTS & SOUND, LLC MOTOR AND FAN ASY 346.93 65060 CHICAGO PARTS & SOUND, LLC MOTOR ASY- WIPER 155.85 65060 CHICAGO PARTS & SOUND, LLC RETURN: CORES -300.00 65060 CHICAGO PARTS & SOUND, LLC RETURN: SEAL -130.32 65060 CHICAGO PARTS & SOUND, LLC WIPER BLADES 215.76 65060 ADVANCED PROCLEAN INC.POWER WASHING 781.65 65060 CATCHING FLUIDPOWER INC.HYDRAULIC FILTERS 120.98 65060 APC STORES, INC., DBA BUMPER TO BUMPER #261 REAR SHOCKS 160.80 65060 APC STORES, INC., DBA BUMPER TO BUMPER #617 FILTERS 86.92 65060 APC STORES, INC., DBA BUMPER TO BUMPER 50 FEET HYDRAULIC HOSE 504.97 65060 APC STORES, INC., DBA BUMPER TO BUMPER AIR FILTER 405.80 65060 APC STORES, INC., DBA BUMPER TO BUMPER AIR FILTERS 80.09 65060 APC STORES, INC., DBA BUMPER TO BUMPER BACK UP LAMP 274.90 65060 APC STORES, INC., DBA BUMPER TO BUMPER CABIN AIR FILTER 16.61 65060 APC STORES, INC., DBA BUMPER TO BUMPER COOLANT FILTER 8.00 65060 APC STORES, INC., DBA BUMPER TO BUMPER FILTERS 51.22 65060 APC STORES, INC., DBA BUMPER TO BUMPER FUEL FILTER 49.26 65060 APC STORES, INC., DBA BUMPER TO BUMPER HEATER HOSE 78.65 65060 APC STORES, INC., DBA BUMPER TO BUMPER HYDRAULIC FITTINGS 62.90 65060 APC STORES, INC., DBA BUMPER TO BUMPER HYDRAULIC OIL FILTER 12.10 65060 APC STORES, INC., DBA BUMPER TO BUMPER OIL 5W20 38.28 65060 APC STORES, INC., DBA BUMPER TO BUMPER OIL FILTER 256.01 65060 APC STORES, INC., DBA BUMPER TO BUMPER STOP TAIL TURN 32.58 65060 THE CHEVROLET EXCHANGE NEW 2015 KEY FAB 59.21 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #314 CAB FILTER SCREEN 40.87 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #451 EGR BACK PRESSURE 77.11 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #613 INVERSION VALVE 212.71 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #613 OIL PAN 939.88 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #624 COOLANT REPAIRS 79.68 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC 2 FUEL CAPS 132.04 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC DBL CHECK VALVE 27.72 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC GASKET OIL PAN 49.98 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC TAIL PIPES 549.19 65060 MILLER HYDRAULIC SERVICE, INC.#609 HYDRAULIC CYLINDER 1,086.68 65060 MILLER HYDRAULIC SERVICE, INC.REBUILD CANLIFT ACTUATOR 828.50 65060 MILLER HYDRAULIC SERVICE, INC.REBUILD HYDRAULIC CYLINDER 502.36 65065 WENTWORTH TIRE SERVICE #609 5 NEW TIRES 1,708.30 65065 WENTWORTH TIRE SERVICE 2 NEW TIRES 696.82 65065 WENTWORTH TIRE SERVICE RECAP TIRES 303.00 65065 WENTWORTH TIRE SERVICE TIRE REPAIR 359.00 65065 WENTWORTH TIRE SERVICE TIRE SERVICE 229.00 7710 MAJOR MAINTENANCE Total 104,318.49 600 FLEET SERVICES FUND Total 104,456.50 601 EQUIPMENT REPLACEMENT FUND 7780 VEHICLE REPLACEMENTS 62375 UNITED RENTALS ROLLER RENTAL 2,567.30 65550 ATLAS BOBCAT, INC.BOBCAT TOOLCAT #632 69,479.00 65550 MIDWEST TRANSIT EQUIPMENT INC REPLACEMENT OF (1) 22 PASSENGER BUS 57,701.00 7780 VEHICLE REPLACEMENTS Total 129,747.30 601 EQUIPMENT REPLACEMENT FUND Total 129,747.30 1049 of 288 CITY OF EVANSTON BILLS LIST PERIOD ENDING 10.27.2015 605 INSURANCE FUND 7800 RISK MANAGEMENT 66054 SENIORS CHOICE SENIOR CHOICE INSURANCE MONTHLY INVOICE 1,646.36 7800 RISK MANAGEMENT Total 1,646.36 605 INSURANCE FUND Total 1,646.36 700 FIRE PENSION FUND 8000 FIREFIGHTERS' PENSION 61755 MESIROW FINANCIAL *FIDUCIARY LIABILITY INSURANCE 11,241.00 61755 BURKE, BURNS & PINELLI, LTD.*LEGAL FEES 3,179.06 8000 FIREFIGHTERS' PENSION Total 14,420.06 700 FIRE PENSION FUND Total 14,420.06 Grand Total 3,175,381.30 1150 of 288 CITY OF EVANSTON BILLS LIST PERIOD ENDING 10.27.2015 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT SUPPLEMENTAL BILLS LIST ATTACHMENT GENERAL 100.21705 VARIOUS RECTRAC REFUNDS 4,115.37 INSURANCE VARIOUS VARIOUS CASUALTY LOSS 20,307.22 VARIOUS VARIOUS WORKERS COMP 14,970.19 VARIOUS VARIOUS WORKERS COMP 3,141.80 VARIOUS VARIOUS CASUALTY LOSS 1,912.00 40,331.21 SEWER 7575.68305 IEPA LOAN DISBURSEMENT SEWER FUND 200,838.94 200,838.94 VARIOUS VARIOUS TWIN EAGLE NATURAL GAS-SEPTEMBER, 2015 10,104.38 10,104.38 255,389.90 Grand Total 3,430,771.20 PREPARED BY DATE APPROVED BY DATE 1251 of 288 For City Council meeting of October 26, 2015 Item A3.1 Business of the City by Motion: Washroom Renovation at Levy Senior Center For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Erika Storlie, Interim Administrative Services Director/Deputy City Mgr Lara Biggs, Bureau Chief – Capital Planning / City Engineer Sean Ciolek, Facilities Manager Anil Khatkhate, Project Manager Subject: Contract for Washrooms Renovation at Levy Senior Center (Bid 15-59) Date: October 19, 2015 Recommended Action: Staff recommends City Council authorize the City Manager to execute a contract for the Washrooms Renovation at Levy Senior Center (Bid No. 15-59) with Construction Consulting & Disbursement Services (5836 Lincoln Ave., Morton Grove, Illinois 60053), in the amount of $45,530.00. Funding Source: Funding will be provided from the Capital Improvement Program (CIP) General Obligation Bonds (Account 415.26.415.65515 – 415602). This project was budget at $84,000 in FY 2015. Background Information: The existing washrooms at the Levy Senior Center are deteriorated and are in need of renovation. The scope of this project includes the replacement of toilet partitions, countertops and lavatories, as well as general painting.Bid documents for the required improvements were prepared in-house by Facilities Maintenance staff. Analysis: This bid was advertised on Demandstar and in the Pioneer Press. Bids for the project were received on October 6, 2015. Five bids were received: Memorandum 52 of 288 Consultant Address ATP Enterprise Group, Inc. 400 Central Ave., Suite 250, Northfield, IL. 60093 Boller Construction Co., Inc. 3045 Washington Street, Waukegan, IL. 60085 Builders Lands, Inc. 2035 S. Arlington Heights Rd., Suite 101A, Arlington Heights, IL. 60005 Construction Consulting & Disbursement Services 5836 Lincoln Ave., Suite 200, Morton Grove, IL. 60053 d’Escoto Builders 420 N. Wabash , Suite 350, Chicago, IL. 60611 The bid pricing received was as follows: Contractor Total Bid Price Construction Consulting & Disbursement Services (CCDS) $ 45,530.00 Boller Construction Co., Inc. $ 49,000.00 Builders Lands, Inc. $ 49,190.21 ATP Enterprise Group, Inc. $ 55,000.00 d’Escoto Builders $129,117.00 Staff recommends that the contract be awarded to CCDS for a total amount of $45,530.00. A breakdown of funding for this project is as follows: Account Summary Project Funding: Levy Center Restroom Improvements $84,000.00 Encumbrances / expenditures to date - $ 586.70 Recommended bid award - $45,530.00 Balance Remaining $37,883.30 Staff recommends that the contract be awarded to CCDS for a total amount of $45,530.00. This project is scheduled to be completed by December 31, 2015. CCDS 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. Attachments: Memo on M/W/EBE Compliance, dated 10/26/2015 53 of 288 Bid 15-59, Construction Consulting & Disbursement Services (CCDS), M/W/EBE Memo, 10.26.2015 To: David Stoneback, Chief of Public Works Agency Lara Biggs, Capital Planning and Engineering Bureau Manager Sean Ciolek, Facilities Manager Anil Khatkhate, Project Manager From: Tammi Turner, Purchasing Manager Subject: Washrooms Renovation at Levy Senior Center, Bid 15-59 Date: October 26, 2015 The goal of the Minority, Women, and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City has established a 25% M/W/EBE subcontracting participation goal for general contractors. With regard to the Washrooms Renovation at Levy Senior Center, Bid 15-59 in the base bid amount of $45,530.00, the primary contractor Construction Consulting & Disbursement Services (CCDS), has subcontracted the following: Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Uptown Decorating Corp 6712 N. Clark Street Chicago, IL 60626 Drywall $3,500.00 8% X Flader Plumbing Co 3004 Central Street Evanston, IL 60201 Plumbing $7,517.00 17% X Total M/W/EBE $11,017.00 25% Construction Consulting & Disbursement Services (CCDS) will receive credit for 25% M/W/EBE participation. CC: Martin Lyons, Assistant City Manager/CFO Memorandum 54 of 288 For City Council meeting of October 26, 2015 A3.2 Business of the City by Motion: Financial Support for Festivals & Special Events For Action To: Honorable Mayor and Members of the City Council From: Wally Bobkiewicz, City Manager and Jennifer Lasik, Cultural Arts Coordinator Subject: Funding Request for First Night Evanston Date: October 26, 2015 Recommended action: Staff recommends that the City Council consider the request for funding in the amount of $5,000.00 by Emily Guthrie of First Night Evanston. Funding source: Economic Development Fund, Account 225.21.5300.65525. Background: Ms. Emily Guthrie met with City Manager Wally Bobkiewicz in September, seeking funding for First Night Evanston in the amount of $5000.00. The City provided a grant of $5,000 last year, and $10,000 in 2013. In addition to the above funding, last year the City provided at no charge the following services to First Night: • Public Works assistance with electricity and street closures • Evanston Police Department “Problem Solving Team” presence • Evanston Fire Department Presence • Removal of non-stickered cars from blocked streets (through our contracted towing company) • Planning assistance from Parks and Recreation personnel • Permit fee waivers The City anticipates providing similar assistance to First Night for their 2015 event. Discussion: The funding support from the City past two years assisted First Night with a successful fundraising campaign and a well-received event. First Night is anticipating a delayed or cut state grant funding due to the budget impasse. Memorandum 55 of 288 Page 2 of 2 Over 150 volunteers staff the venues. First Night gives out admission buttons to each volunteer. Additionally buttons are provided to several service agencies such as PEER Services, Center for Independent Futures, Housing Options, Youth Job Center. Additional information provided by First Night: Narrative Since First Night returned in 2013, comments from patrons have been overwhelmingly positive. People are particularly enthusiastic about the first-rate talent and the shrunken size of the event, down from 45 locations in the millennium celebration to 5 locations and 7 rooms in 2015. The food trucks are also very popular. For 2016, we will have 6 locations and 10 rooms. Over 350 volunteers will staff the various locations from 1-4 pm for children’s programming and from 6-12 pm for adults. We will provide 50+ buttons to various social service agencies in Evanston. First Night Evanston provides an affordable New Year’s Eve cultural event of visual and performing arts. Demographics about attendees For 12/31/14, we made a particular effort to attract teens. A poetry slam was held at First Congregational Church and 14 teens read poems. A local improv group of teens, Underage Sugar Addicts, performed at Immanuel Lutheran. Following that was a Battle of the Teen Bands that attracted 5 bands. We sold 300 teen buttons for 2014, up from 10 in 2013. We intend to continue efforts to attract teens. Based on information from the online ticket sales through Eventbrite and comments on our Facebook page , we think a good percentage of our audience are Evanston residents. We used Survey Monkey in January 2015 asking for comments and based on the approving comments that we received from that and where information was provided, the results are the same. We collect email addresses at various City events (Lakefront Festival, Ethnic Arts Festival, Farmers Market non-profit day) and these reflect a predominantly local audience. We do know that we have had attendants from Wisconsin, Minnesota, Iowa, Missouri, Indiana, Michigan and Ohio. In 2000, audience members were asked for zip codes and we had 72 zip codes given. Attachments: -Profit and Loss Statement from 2014 -Projected budget for 2015 56 of 288 Feb '14 - Jan 15 Income Button Sales Retail 12,031.22 Online 39,086.50 Credit Cards 2,438.12 Library 4,035.00 Total Button Sales 57,590.84 Contributions Government/Grants 5,000.00 Individuals 1,976.36 Corporate Donations 3,610.00 Nonprofit Contributions 1,250.00 Board Contributions Board Cash Contributions 2,205.00 Total Board Contributions 2,205.00 Total Contributions 14,041.36 Fundraising Evanstonopoly - Game Sales 360.00 Total Fundraising 360.00 Other Income In Kind Performance 1,500.00 In Kind Accounting 2,500.00 In Kind Room Rental 3,500.00 In Kind Volunteer 13,000.00 In Kind Marketing/Media 15,000.00 In Kind Corporate Donations 4,000.00 In-Kind Design/Graphics 5,000.00 Total Other Income 44,500.00 Total Income 116,492.20 Expense Chamber of Commerce Mash Up 600.00 Credit Card Fees 140.00 Bank Service Charges 0.00 Registration Fees 200.00 Other Expense In Kind Performance 1,500.00 In Kind Accounting 2,500.00 In Kind Room Rental 3,500.00 In Kind Design/Graphics 5,000.00 In Kind Corporate Donations 4,000.00 In Kind Marketing/Media 15,000.00 In kind Volunteer 13,000.00 Total Other Expense 44,500.00 Consulting Fees Talent Consulting 27,000.00 Twitter consulting 1,600.00 Total Consulting Fees 28,600.00 Taxes and Licenses 30.00 Administrative Insurance 1,915.00 Administrative Supplies 88.81 Total Administrative 2,003.81 Advertising Website 170.47 Marketing/Advertising 7,250.42 Total Advertising 7,420.89 First Night Expenses 8:10 AM First Night Evanston 10/21/15 Profit & Loss Accrual Basis February 2014 through January 2015 Page 157 of 288 Feb '14 - Jan 15 Wristbands 328.14 Stage Manager 250.00 Security 75.00 Programs 2,158.52 Supplies 44.65 Photography 1,400.00 Sound Tech 4,409.84 Signage for Events 43.56 Button Manufacture 1,638.75 Total First Night Expenses 10,348.46 Performance Fees Performer Meals 205.54 Performer Airfare & Transport 2,329.20 Teen Programming Contest Fees 500.00 Teen Programming - Other 725.00 Total Teen Programming 1,225.00 Performer Hotel Rooms 720.05 Street Entertainment 850.00 Adult/General Entertainment 16,415.00 Headliner Acts 29,150.00 Family Programming 2,480.00 Total Performance Fees 53,374.79 Total Expense 147,217.95 Net Income -30,725.75 8:10 AM First Night Evanston 10/21/15 Profit & Loss Accrual Basis February 2014 through January 2015 Page 258 of 288 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 A B C D E F G H I J K Proposed Budget for First Night Evanston Feb 1, 2015 - Jan 30, 2016 Expense 2015 2014 2013 Talent 40,000 52,500 32,000 Administrative(exec dir/development dir)40,000 45,000 40,000 Advertising/Web 10,000 5,750 4,700 Buttons/publicity design/insurance 10,000 10,300 11,400 Loans 22,000 122,000 113,550 88,100 Income 2015 2014 2013 Button sales (3600@$25/ea)90,000 53000 38000 Grants 10,000 Individual contributions 10,000 3000 3000 Fundraiser/Crowd funding 30,000 3900 City grant 5,000 5000 10000 Program booklet advertising 7,500 5000 152,500 66,000 54,900 59 of 288 For City Council meeting of October 26, 2015 Item A4.1 Business of the City by Motion: Standpipe Engineering Change Order 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, Project Manager Subject: North and South Standpipe Rehabilitation Engineering Support Services (RFP 13-61) – Change Order No. 1 Date: October 14, 2015 Recommended Action: Staff recommends that City Council authorize the City Manager to execute Change Order No. 1 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 $39,744.45, increasing the contract amount from $141,720 to $181,464.45. Funding Source: Funding is from the Water Fund (Account 513.71.7330.65515 – 733092). Funding in the amount of $3,500,000 was budgeted for FY 2015. Funding in the amount of $3,412,720 has been committed to the engineering and construction contracts for this project so far, leaving $87,280 of the FY 2015 budget allocation available to fund this change order. 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 60 of 288 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 are ongoing at this time. Analysis: The standpipe 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 mid- July 2015, precipitation fell on 32 of 67 working days. High winds also accompanied 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 and modified construction approaches to alleviate noise complaints, construction at the North Standpipe took 20 weeks. TIC is requesting a change order to compensate them for the additional 8 weeks of work at the North Standpipe. Weather has been relatively dry and temperate since initiation of work at the South Standpipe in early September, and forecasts for the remainder of October anticipate similar conditions. Therefore, construction inspection at the South Standpipe is currently expected to take no longer than the 12 weeks budgeted in TIC’s proposal. Staff recommends increasing the contract amount by $39,744.45 as requested by TIC, as a conservative estimate of the cost needed to complete the project. Legislative History: The City Council approved contract award to Tank Industry Consultants on November 25, 2013. Attachments: Proposed Change Order No. 1 61 of 288 62 of 288 For City Council meeting of October 26, 2015 Item A4.2 Business of the City by Motion: Standpipe Repair & Painting Change Order 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, Project Manager Subject: Approval of Change Order No. 1 for Repair & Repainting of North and South Standpipes (Bid 15-03) Date: October 14, 2015 Recommended Action: Staff recommends that City Council authorize the City Manager to execute Change Order No. 1 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 extend the contract duration by 32 days from November 19, 2015 to December 21, 2015. There will be no change to the current contract amount of $3,271,043. Funding Source: Funding is from the Water Fund (Account 513.71.7330.65515 – 733092). Funding in the amount of $3,500,000 was budgeted for FY 2015. 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. 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 to facilitate operational improvements, and repainting. Work at the North Standpipe began in April 2015 and Memorandum 63 of 288 concluded in early September 2015. The contractor then moved to the South Standpipe, where work is ongoing. 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 mid-July 2015, precipitation fell on 32 of 67 working days. High winds also accompanied several of the rain events. Due to these unusually wet weather conditions, the contractor’s progress on the North Standpipe was significantly slowed. Subsequent work at the South Standpipe has proceeded much more rapidly due to favorable weather conditions. However, the contractor is not confident about being able to make up all of the missed days from May – July even if the favorable weather continues. As such, the contractor will be unable to complete the work by the original completion date of November 19, 2015. Staff recommends a 32-day time extension to account for the number of working days in which precipitation occurred. The contractor has confirmed that this time extension will not result in any cost increases to the City. Legislative History: The City Council approved contract award to American Suncraft Company, Inc. on February 23, 2015. Attachments: Proposed Change Order No. 1 64 of 288 65 of 288 For City Council Meeting of October 26, 2015 Item A5 Resolution 96-R-15: Solid Waste Contract Amendments with Groot Industries For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/Chief Financial Officer Dave Stoneback, Public Works Agency Director Catherine Hurley, Sustainability Manager Subject: Resolution 96-R-15, Authorizing Contract Amendments with Groot Industries for Solid Waste Collection Date: October 21, 2015 Recommended Action: Staff recommends City Council adoption of Resolution 96-R-15 authorizing the City Manager to execute contract amendments to waste services agreements with Groot Industries (2500 Landmeier Road, Elk Grove Village, IL) and to renew these agreements as follows: 1. Contract Amendment No. 1 for solid waste services for single family residences six (6) units or less, which includes a 5% decrease in monthly cost for the first year, a savings of $84,543; 2. Contract Amendment No. 2 for yard waste collection and disposal, which includes a 5% decrease in monthly cost for the first year, a savings of $34,692; 3. Contract Amendment No. 1 for solid waste services for Municipal Solid Waste Franchise – commercial, business, institutional and multi-family residential buildings, which includes a 12% decrease in solid waste collection rates for the first year. 4. All amendments include a reduction in annual cost adjustment from a fixed 4% increase down to a increase range of 1.5 to 3.5%, based on the consumer price index. 5. Contract amendments have been negotiated as a bundle to maximize savings to Evanston while providing the flexibility to explore collaborative opportunities with the Village of Skokie for residential solid waste services. Staff was directed at the September 21st meeting of the Administration and Public Works Committee to follow-up on concerns related to Groot Industries levels of service and contract rates. Staff has worked to address these concerns by completing the following: Memorandum 66 of 288 Analyzed 311 service request data for residential solid waste and yard waste services, which shows that Groot Industries is providing a good level of service on a city wide basis. A summary of the analysis is provided in Attachment A. Facilitated a meeting on Wednesday, October 14th with Alderman Holmes, Alderman Braithwaite, Groot Industry Representatives, and City staff to review service request data and developed an action plan for on-going communication and close management of the contract with Groot Industries. Groot representatives agreed to work with City staff on the use of mapping technology and 311 data to improve services and further limit service issues, especially in the case of repeat issues at the same location. Reviewed information on pricing for temporary roll-off containers and negotiated an additional 10% saving in the Municipal Solid Waste Franchise for customers who use more than 10 containers per project site. Negotiated an additional 2% decrease in fees for the Municipal Solid Waste Franchise, adjusting the decrease from 10% to 12% starting the first year of the agreement. Attachments Attachment A: Memo Regarding of Analysis of Service for Residential Solid Waste and Yard Waste Collection with Maps Attachment 1: Memo Regarding Residential Solid Waste Collection Agreement Attachment 2: Memo Regarding Yard Waste Collection Agreement Attachment 3: Memo Regarding Municipal Solid Waste Franchise Agreement Resolution 96-R-15 with Exhibits: Residential Solid Waste Agreement, Yard Waste Agreement, and Franchise Agreement 67 of 288 ATTACHMENT A To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/Chief Financial Officer Dave Stoneback, Public Works Agency Director Catherine Hurley, Sustainability Manager Subject: Analysis of Groot Industries Service for Residential Solid Waste and Yard Waste Collection Date: October 9, 2015 Summary: Staff has reviewed and analyzed data from Evanston 311 regarding the service provided by Groot Industries for residential solid waste and yard waste collection. Groot provides weekly solid waste collection service for residential properties with six units or less, which represents approximately 13,400 households in Evanston. Groot also provides yard waste collection services for the same households on a seasonal basis (March –November). Table 1 provides a summary of the 311 Service Requests for missed solid waste and yard waste pickup. Table 1 –2014 Residential Solid Waste and Yard Waste Service Requests Residential Solid Waste Collection Number of Pickup’s Percent Accuracy Yearly Scheduled Collection 699,504 311 Service Requests - Missed Pickup 917 99.9% Residential Yard Waste Collection Number of Pickup’s Percent Accuracy Yearly Scheduled Collection 484,272 311 Service Requests - Missed Pickup 398 99.9% Residential solid waste and yard waste service requests have also been mapped to show the distribution and frequency of missed pick-up requests across Evanston. Figures 1 and 2 represent the density of service requests for missed pick-up related to Memorandum 68 of 288 2 solid waste and yard waste. Figures 3 and 4 show the number of service requests at the block level for missed solid waste and yard waste pick-ups. The 311 Service Request data shows that Groot Industries is providing a good level of service for residential solid waste and yard waste collections on a city wide basis. The information presented in Figures 1 through 4 shows some blocks with an increased number of reported service requests. Staff has reviewed this information with representatives from Groot Industries and Groot will further investigate any blocks with more than 4 service requests since January 1, 2014. Groot also commits to monitor these areas over the next year. To address on-going management of the solid waste contracts and service issues, staff will take the following steps over the two-year contract renewal period: • Appoint the Environmental Services Bureau Chief to oversee the Solid Waste Contracts • Establish quarterly meetings with City Staff and Groot Industries to review levels of service and address issues • Refine 311 Service Request types to differentiate between missed pick-up and residents who set out their containers late • Collaborate with Groot Industries to provide follow-up communication to blocks that are experiencing a higher frequency of missed pick-up service request • Begin work on an RFP for residential solid waste and yard waste collection services for advertising in the spring of 2017 Staff recommends extending the residential solid waste contract with Groot Industries as outlined in Resolution 96-R-15. This extension will result in savings to the Solid Waste Fund and give staff additional time to consider collaborative opportunities with Skokie and options for bidding the services in 2017. Attachments Figure 1: 2014 Missed Trash Pickup Call Density Figure 2: 2014 Missed Yard Waste Pickup Call Density Figure 3: 2014 Missed Trash Pickup Calls by Block Figure 4: 2014 Missed Yard Waste Pickup Calls by Block 69 of 288 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 170035002600170018009001900900210023002100400380037008 5 4 2 1 9 3 6 7 Missed Pickup Call Density Low Medium High Ward Boundary Main Road Local Street Railroad Water City Boundary 0 0.5 10.25 Mile 1:31,680 1 inch = 0.5 mile 2014 Missed Trash Pickup Call Density 9/30/2015 This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information. MissedTrashCalls2014HeatMap.mxd ´ 70 of 288 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 170035002600170018009001900900210023002100400380037008 5 4 2 1 9 3 6 7 Missed Pickup Call Density Low Medium High Ward Boundary Main Road Local Street Railroad Water City Boundary 0 0.5 10.25 Mile 1:31,680 1 inch = 0.5 mile 2014 Missed Yard Waste Pickup Call Density 9/30/2015 This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information. MissedYardWasteCalls2014HeatMap.mxd ´ 71 of 288 McCORMICK BLVDSH E R IDAN RD PARK PL ASHLAND AVEDODGE AVEHURD AVEGIRARD AVELEE STOAK AVE SHERIDAN PL RIDGE CTG R E E N B A Y R D THAYER ST PRATT CTGRANT JENKS ST HAVEN ST PAYNE ST LEON PL P O P L A R A V E GREY AVEHARRISON ST PR A I R I E A V E REBA PL COLFAX ST LEMAR AVEMARCY AVEDAVIS 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 NORTH SHORE CHANNELNORTH SHORE CHANNELLAKEMICHIGAN700400 500300600 800200 900 1002600 1700 310012001900 1000 130014002200 2300 11001800280015003600 20002400 2700 34002100 250029001600300032003300 300600 2800 1900 1000 2700 400 2500 1400 800 1700 1600 700220024001400 200500 140020023002000 700 8002600 1200 22001500 16001200100 150013001002900190010005002100 220024001100 1100 2001300 28001000120026001500 2300 1800 2000700 300 900600400240025002000 13001800 300 800 6001100100 500 25002700 1600 170035002600170018009001900900210023002100400380037008 5 42 1 9 3 6 7 1 1 5 2 8 1 2 1 2 1 1 21 1 1 4 2 1 1 3 1 1 5 1 11 1 1 1 1 1 1 5 3 2 6 1 5 5 1 4 1 2 6 2 3 1 1 4 2 4 1 2 1 5 4 1 1 5 3 1 4 2 1 1 1 1 2 1 7 1 2 4 1 3 6 5 1 2 1 3 4 2 2 1 3 1 3 1 3 5 4 12 2 2 5 3 4 2 2 8 1 2 1 1 1 1 16 4 3 6 3 3 1 2 4 5 12 1 4 5 1 1 4 1 1 11 3 6 1 2 1 1 10 1 1 3 3 1 103 16 1 3 3 1 1 1 1 1 2 1 2 3 2 5 1 3 1 2 1 1 2 1 1 2 1 3 1 1 1 4 2 1 1 4 3 2 1 2 4 1 2 2 5 2 1 1 1 2 2 1 1 2 4 1 3 1 1 1 1 3 1 1 7 1 1 1 1 2 3 5 1 5 1 2 1 4 1 4 1 2 1 3 3 7 2 1 4 2 4 1 1 2 3 1 2 1 2 3 1 1 1 3 2 3 5 4 1 3 3 3 1 2 5 2 1 9 2 3 11 2 2 5 2 6 1 1 1 3 11 1 5 10 1 2 1 2 2 2 2 2 3 2 1 1 1 2 4 2 3 4 1 1 1 1 4 2 1 4 6 1 1 1 3 1 6 4 2 2 2 1 1 1 1 3 1 2 1 3 3 1 1 1 3 7 2 3 1 1 1 1 1 2 1 2 4 1 5 2 2 1 1 2 2 1 1 4 3 1 1 3 1 1 2 1 1 2 5 2 3 5 6 2 2 1 1 2 3 1 7 2 Missed Pickup Calls By Block 1 - 2 3 - 4 5 - 6 7 - 9 10 - 16 Ward Boundary Main Road Local Street Railroad Water City Boundary 0 0.5 10.25 Mile 1:31,680 1 inch = 0.5 mile 2014 Missed Trash Pickup Calls by Block 9/30/2015 This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information. MissedTrashCalls2014ByBlockMap.mxd ´ 72 of 288 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 170035002600170018009001900900210023002100400380037008 5 42 1 9 3 6 7 1 1 2 4 1 1 2 1 1 1 1 1 1 1 1 1 2 2 1 1 1 1 1 3 1 1 1 1 1 1 1 4 1 1 1 2 1 1 2 1 1 1 2 1 3 5 2 12 3 1 1 1 21 2 3 1 1 1 1 1 1 1 3 1 4 2 2 1 3 1 2 2 2 3 2 1 3 1 2 1 1 1 1 1 2 3 5 21 1 11 2 1 1 1 1 1 2 2 2 1 2 1 2 1 1 2 3 2 4 2 1 1 2 1 1 1 1 1 2 6 2 1 2 3 1 1 1 2 2 1 1 1 1 1 1 7 1 2 1 3 4 1 3 1 1 1 1 1 1 1 1 1 1 1 1 3 3 1 3 1 4 2 1 1 2 2 1 4 4 1 1 2 1 1 1 1 3 1 2 2 1 1 2 1 4 1 3 3 1 2 1 1 2 3 1 1 1 2 1 1 1 12 2 1 2 4 2 3 1 2 3 1 2 1 1 1 1 1 1 1 1 1 3 2 1 1 2 2 1 4 1 1 2 2 Missed Pickup Calls By Block 1 2 3 4 - 5 6 - 7 Ward Boundary Main Road Local Street Railroad Water City Boundary 0 0.5 10.25 Mile 1:31,680 1 inch = 0.5 mile 2014 Missed Yard Waste Pickup Calls by Block 9/30/2015 This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information. MissedYardWasteCalls2014ByBlockMap.mxd ´ 73 of 288 ATTACHMENT 1 To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/Chief Financial Officer Dave Stoneback, Public Works Agency Director Catherine Hurley, Sustainability Manager Subject: Contract Extension for Residential Solid Waste Collection Date: October 21, 2015 Recommended Action: Staff recommends City Council adopt Resolution 96-R-15 authorizing the City Manager to execute a contract extension for a (2) two-year period, with the City’s option to renew for three additional one-year terms thereafter with Groot Industries (2500 Landmeier Road, Elk Grove Village, IL 60007) for residential solid waste collection at a rate discounted by 5% from the 2015 monthly invoice. The current monthly rate is $140,905; the new monthly rate will be $133,860 for the first year of the renewal (November 1, 2015 – October 31, 2016). This represents an annual savings of $84,543. Funding Source: Funding will be provided by the Solid Waste Fund (250.26.7685.62415). Summary: The current residential solid waste contract with Groot Industries will expire on October 31, 2015. Groot provides weekly solid waste collection service for residential properties with six units or less, which represents approximately 13,400 households in Evanston. During 2015 the City met with the Village of Skokie to discuss a joint contract for solid waste services, however these discussions did not reach completion and staff recommends continuing this review during the proposed 2 year contract extension with Groot. Groot has agreed to an extension rate based on providing a 5% discount from the current monthly invoice for solid waste service, which is $140,905. Starting November 1, 2015, the new monthly invoice amount would be $133,860 for the first year of the extension (November 1, 2015 – October 31, 2015). There would be no change to current service under the contract extension. The effective unit cost paid to Groot Industries for each City issued refuse cart is shown in Table 1. Memorandum 74 of 288 2 Table 1 – Unit Cost for Residential Solid Waste Collection Price per month Residential unit with 65 gallon cart $7.15/cart Residential unit with 95 gallon cart $9.30/cart Additional wheeled refuse cart of any size $7.95/cart Starting the second year of the extension, the fees would be adjusted annually based on the Consumer Price Index (CPI), with a minimum increase of 1.5% and a maximum increase of 3.5%. The City is not obligated to continue the contract with Groot Industries beyond the first two years of the contract. Staff will review the potential for bidding this service in 2017 and continued opportunities to collaborate with Skokie for solid waste services. Groot’s services do not include the tipping fee paid to the Solid Waste Association of Northern Cook County (SWANCC) for transferring the residential solid waste at the SWANCC facility in Glenview. A recent contract negotiation between SWANCC and their operator has resulted in a 15% reduction in tipping fees which started in August 2015. Based on this reduction, the City also projects an annual savings of approximately $120,000 from the reduction in tipping fee for residential solid waste. Table 2 outlines the estimated savings to the Solid Waste Fund for residential solid waste services. Table 2 –Estimated Savings for Residential Solid Waste Collection Services Monthly Savings Annual Savings Solid Waste Collection Services (Groot) First year extension (November 1, 2015- October 31, 2016) $7,045.25 $84,543.00 Reduction in Transfer Fee at Glenview Transfer Station (SWANCC) $10,000.00 $120,000.00 Total Estimated Savings $17,045.25 $204,543.00 Staff recommends extending the residential solid waste contract with Groot Industries as outlined in Resolution 96-R-15. This extension will result in savings to the Solid Waste Fund and give staff additional time to consider collaborative opportunities with Skokie and options for bidding the services in 2017. 75 of 288 ATTACHMENT 2 To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/Chief Financial Officer Dave Stoneback, Public Works Agency Director Catherine Hurley, Sustainability Manager Subject: Contract Extension for Yard Waste Collection Date: October 21, 2015 Recommended Action: Staff recommends City Council adopt Resolution 96-R-15 authorizing the City Manager to execute a contract extension for a (2) two-year period, with the City’s option to renew for three additional one-year terms thereafter with Groot Industries (2500 Landmeier Road, Elk Grove Village, IL 60007) for yard waste collection and disposal services at a rate discounted by 5% from the 2015 monthly invoice for the first year of the renewal (November 1, 2015 – October 31, 2016). Funding Source: Funding will be provided by the Solid Waste Fund (520.26.7695.62415). Summary: The current yard waste contract with Groot Industries will expire on October 31, 2015. Groot provides weekly yard waste collection service from April thru December for a total of (9) nine months of service for residential properties with six units or less. Groot has agreed to an extension rate based on providing a 5% discount from the current monthly invoice for yard waste service, which is $76,630. Starting November 1, 2015, the new monthly invoice amount would be $72,775.32 for the first year of the extension (November 1, 2015 – October 31, 2015). There would be no change to current service under the contract extension. The effective unit cost paid to Groot Industries is $5.41 for each of the 13,452 households served in the program. Starting the second year of the extension, the unit cost per household would be adjusted annually based on the Consumer Price Index (CPI), with a minimum increase of 1.5% and a maximum increase of 3.5%. The City is not obligated to continue the contract with Groot Industries beyond the first two years of the contract. Staff will review the potential for bidding this service in 2017. Memorandum 76 of 288 2 Staff projects a total of $34,692.12 in annual savings to the Solid Waste Fund from the contract extension with Groot Industries for yard waste. Staff recommends extending the yard waste contract with Groot Industries as outlined in Resolution 96-R-15. This extension will result in savings to the Solid Waste Fund and give staff additional time to consider future program modifications and options for bidding the services in 2017. 77 of 288 ATTACHMENT 3 To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/Chief Financial Officer Dave Stoneback, Public Works Agency Director Catherine Hurley, Sustainability Manager Subject: Contract Extension for Services for the Municipal Solid Waste Franchise - Commercial, Business, Institutional and Multi-Family Residential Buildings Date: October 21, 2015 Recommended Action: Staff recommends City Council adopt Resolution 96-R-15 authorizing the City Manager to execute a contract extension for a (5) five-year period with Groot Industries (2500 Landmeier Road, Elk Grove Village, IL 60007) for the Municipal Solid Waste Franchise at a rate discounted by 12% from the 2015 franchise matrix rates for the first year of the renewal (November 1, 2015 – October 31, 2016). Funding Source: N/A Summary: The current Municipal Solid Waste Franchise Agreement with Groot Industries is set to expire on October 31, 2015. Groot provides collection service for commercial, business and institutional refuse and recycling and temporary construction and demolition roll-off containers. Groot also provides private service for all types of non-hazardous solid waste not otherwise covered by the Franchise Agreement. Groot is responsible for collecting solid waste and recycling material and directly billing each customer. Groot has agreed to provide a 12% discount from the current solid waste collection rates effective November 1, 2014 thru October 31, 2015 for the first year of the contract extension (November 1, 2015 – October 31, 2015). The revised rates showing the 12% discount are provided in Exhibit A of Resolution 96-R-15. Starting the second year of the extension, the franchise rates would be adjusted annually based on the Consumer Price Index (CPI), with a minimum increase of 1.5% and a maximum increase of 3.5%. Groot has also agreed to provide a 10% reduction in fees for temporary roll-off dumpsters for customers who have more than 10 containers per job/address. Memorandum 78 of 288 2 Staff recommends extending the Municipal Solid Waste Franchise contract with Groot Industries as outlined in Resolution 96-R-15. This extension will result in savings across all service types and directly benefit Evanston business and institutions. 79 of 288 9/15/2015 96-R-15 A RESOLUTION Authorizing the City Manager to Execute Contract Amendments to Waste Services Agreements with Groot and to Renew said Agreements NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Legislative Statement. The City Council is committed to efficient and cost-effective pick up and removal of solid waste and yard waste in the City. The City Council determined that it is appropriate to enact extensions of all agreements with Groot, with prospective options to renew the residential solid waste agreement, the yard waste agreement, and the franchise agreement as outlined in Group Exhibit 1. The City is renewing these agreements with specific and clearly articulated goals of prompt and courteous service to residents and businesses. Nothing in these agreements shall be held to diminish or impair the City of Evanston’s right to equitably enforce all necessary provisions of these agreements and other applicable state and federal law. Further, nothing shall in any way impair or diminish the immunities conferred upon the City by the Local Governmental and Local Governmental Employees Tort Immunity Act, 745 ILCS 10/ et seq. SECTION 2: That the City Manager is hereby authorized and directed to sign, and the City Clerk is hereby authorized to attest, on behalf of the City of Evanston, the following 3 amendments to the agreements for services to be provided by Groot. These contract amendments are attached hereto as Group Exhibit 1, and incorporated 80 of 288 96-R-15 ~2~ herein by reference. Groot Industries, Inc. hereby accepts the terms of this Resolution 96-R-15 and the contract amendments, as memorialized in Exhibit 2, attached hereto and incorporated herein. SECTION 3: That the City Manager is hereby authorized and directed to negotiate any additional terms and conditions of the contract amendments as may be determined to be in the best interests of the City, and in a form approved by the Corporation Counsel. SECTION 4: That the City may exercise its renewal option(s) relative to the residential solid waste and yard waste agreements, with the cumulative term of each not to exceed a total of 5 years in length. The decision whether to exercise such renewal option(s) shall be within the City’s sole discretion. SECTION 5: This Resolution 96-R-15 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: __________________, 2015 81 of 288 96-R-15 ~3~ GROUP EXHIBIT 1 Extensions and Contract Modifications 82 of 288 1 CONTRACT AMENDMENT NO. 1 TO SOLID WASTE SERVICES AGREEMENT BETWEEN THE CITY OF EVANSTON AND GROOT INDUSTRIES, INC., DATED OCTOBER 22, 2010 SOLID WASTE SERVICES AGREEMENT FOR SINGLE FAMILY RESIDENCES SIX (6) UNITS OR LESS (“Residential Solid Waste Agreement”) EFFECTIVE DATE OF THIS CONTRACT AMENDMENT: November 1, 2015 RECITALS WHEREAS, the City of Evanston (the “City”) and Groot Industries, Inc. (“Groot”) desire to renew and extend the term in the aforementioned Residential Solid Waste Agreement (the “Agreement”), and to also add new sections to the Agreement, through this Contract Amendment No. 1 (the “Amendment”); and WHEREAS, the language in Sections 3.1 and 5.1 of the Agreement are stricken and replaced, and amended in their entirety; and WHEREAS, this Amendment adds new sections to the Agreement as set forth herein; and WHEREAS, all other terms of the Agreement, not revised or amended as provided herein, otherwise remain in full and force effect, NOW, THEREFORE, the parties agree as follows: I. MODIFICATION NO. 1 ARTICLE III TERMS OF SOLID WASTE SERVICES AGREEMENT Section 3.1 Term of Solid Waste Contract The Agreement between the City and the Contractor is renewed for an additional (2) two-year period, with the City’s option to renew for three additional one-year terms thereafter. The term of the first renewal period shall take effect November 1, 2015 and end on October 31, 2017. The City, in its sole discretion, may terminate this Agreement with 90 days prior written notice to the Contractor. Upon any such termination of this Agreement, the Contractor shall continue to perform the contractual services until the end of the renewal period during which period the City shall pay the Contractor its scheduled compensation. 83 of 288 2 If the City decides to exercise its option to renew the Agreement and has written mutual consent of the Contractor, it will send written notice to Groot by close of business August 1, 2017, and the Agreement shall be renewed a first additional (1) one-year period, with such term taking effect November 1, 2017 and ending on October 31, 2018. If the City decides to exercise its option to renew the Agreement and has written mutual consent of the Contractor, it will send written notice to Groot by close of business August 1, 2018, and the Agreement shall be renewed a second additional (1) one-year period, with such term taking effect November 1, 2018 and ending on October 31, 2019. If the City decides to exercise its option to renew the Agreement and has written mutual consent of the Contractor, it will send written notice to Groot by close of business August 1, 2019, and the Agreement shall be renewed a final additional (1) one-year period, with such term taking effect November 1, 2019 and ending on October 31, 2020. II. MODIFICATION NO. 2 ARTICLE V COMPENSATION Section 5.1 Compensation Residential Solid Waste. For providing for, on behalf of the City, the collection and transportation of residential solid waste to SWANCC, the Contractor shall receive as compensation the rates outlined in the table below, based on the number of units of each service category. The Contractor shall provide regular invoices to the City itemizing the number of units serviced, and type of units serviced, along with the unit price. The number of units may be updated, based upon mutual agreement between the City and the Contractor, prior to any of an extension of this Agreement. Service Category Number of Units Unit price per month Once per week collection 65 gallon cart 2,466 $7.15 Once per week collection 95 gallon cart 10,512 $9.30 Once per week collection of an additional wheeled cart 65 gallon or 95 gallon cart 2,781 $7.95 84 of 288 3 The unit price outlined in this Section 5.1 will adjust annually based on the change in the Consumer Price Index (CPI-U) for the Midwest Urban Area, All Items. The charges for the 12 previous months are subject to a minimum 1.5% adjustment and 3.5% maximum adjustment, such adjustment that shall be effective as of November 1st of each subsequent year this Agreement is in effect. III. MODIFICATION NO. 3 The following new sections are added to the Agreement: Section 9.18 – Protection of Property The Contractor shall take all reasonable actions to avoid damage as a result of its operations, to existing sidewalks, curbs, streets, alleys, trees, parkways, pavements, utilities, adjoining property, and the property of the City and others. Contractor shall repair any damage thereto or replace damaged items specifically caused by Contractor’s operations. Contractor shall also leave all property described in the preceding two sentences in a clean and slightly condition, and shall clean property that is made unclean or unsightly by Contractor’s operations under this Agreement. All materials collected by the Contractor shall be so contained, secured or enclosed during collection and transportation so that leaking, spilling or blowing is prevented. The Contractor shall immediately clean up and remediate all litter, blowing debris, spills and releases of any material resulting from Contractor’s operations or activity occurring prior to the delivery of the material to its intended destination. Section 9.19 – Damage to Streets Prohibited Contractor shall use equipment that will not damage or disfigure City streets, a nd its operators/employees shall operate equipment in a manner that will not damage or disfigure City streets, sidewalks, trees, curbs, parkways, pavements, and City property. Contractor shall repair, at its sole expense, all damage to City property that is caused by spills, skidding vehicles, driving on sidewalks or parkways, equipment malfunctioning, or operator/employee negligence. Contractor shall maintain $35,000 in an account specifically designated for the cleaning of the streets or sidewalks by the City, to be used if the City cleans the streets or sidewalks instead of having Contractor do so, or, in the event Contractor does not perform such work to the City’s satisfaction. This account will be maintained on annual basis each calendar year this Agreement remains in effect. 85 of 288 4 Section 9.20 – Emergency Request for Service Upon request by the City, Contractor shall provide the services offered under this Agreement free of charge in emergencies to alleviate threats to public health, safety and welfare, including but not limited to, flooding and fly-dumping. The Contractor’s obligation to provide collection services under this Section shall be limited to forty (40) hours per year. The Contractor’s obligations under this Section do not include locations serviced by any other third party waste collection company. The maximum charge for additional costs associated with services exceeding the 40 hour limit in this Section charged to the City shall not exceed One Hundred Ten Dollars ($110.00) per hour with one (1) collector. Contractor may be requested to respond to the City’s request for these services within a twelve (12) hour period in the event of an emergency. IN WITNESS WHEREOF, the parties hereto have caused this Contract Amendment No. 1 to the Residential Solid Waste Services Agreement to be executed by their duly authorized representatives, effective as of November 1, 2015. Groot Industries, Inc. City of Evanston By: _________________________ By: ______________________ Its: _________________________ Its: City Manager Approved as to Form: ______________________ W. Grant Farrar, Corporation Counsel 86 of 288 1 CONTRACT AMENDMENT NO. 2 TO SOLID WASTE SERVICES AGREEMENT BETWEEN THE CITY OF EVANSTON AND GROOT INDUSTRIES, INC., DATED OCTOBER 22, 2010 YARD WASTE COLLECTION AND DISPOSAL PROGRAM (“Yard Waste Agreement”) EFFECTIVE DATE OF THIS CONTRACT AMENDMENT: November 1, 2015 RECITALS WHEREAS, the City of Evanston (the “City”) and Groot Industries, Inc. (“Groot”) desire to renew and extend the term in the aforementioned Yard Waste Contract (the “Agreement”), and to also add new sections to the Agreement, through this Contract Amendment No. 2 (the “Amendment No. 2”); and WHEREAS, the language in Section 3.1 of the Agreement, and Section 5.1 as previously modified by Contract Amendment No. 1 previously executed by the Parties on April 1, 2011, is stricken and replaced, and amended in their entirety; and WHEREAS, this Amendment No. 2 adds new sections to the Agreement as set forth herein; and WHEREAS, all other terms of the Agreement, including those terms previously agreed to by the parties on April 1, 2011 in Contract Amendment No. 1, not revised or amended as provided herein, otherwise remain in full and force effect, NOW, THEREFORE, the parties agree as follows: I. MODIFICATION NO. 1 ARTICLE III TERMS OF SOLID WASTE SERVICES AGREEMENT Section 3.1 Term of Solid Waste Contract The Agreement between the City and the Contractor is renewed for an additional (2) two-year period, with the City’s option to renew for three additional one-year terms thereafter. The term of the first renewal period shall take effect November 1, 2015 and end on October 31, 2017. The City, in its sole discretion, may terminate this Agreement with 90 days prior written notice to the Contractor. Upon any such termination of this Agreement, the Contractor shall continue to 87 of 288 2 perform the contractual services until the end of the renewal period during which period the City shall pay the Contractor its scheduled compensation. If the City decides to exercise its option to renew the Agreement and has written mutual consent of the Contractor, it will send written notice to Groot by close of business August 1, 2017, and the Agreement shall be renewed a first additional (1) one-year period, with such term taking effect November 1, 2017 and ending on October 31, 2018. If the City decides to exercise its option to renew the Agreement and has written mutual consent of the Contractor, it will send written notice to Groot by close of business August 1, 2018, and the Agreement shall be renewed a second additional (1) one-year period, with such term taking effect November 1, 2018 and ending on October 31, 2019. If the City decides to exercise its option to renew the Agreement and has written mutual consent of the Contractor, it will send written notice to Groot by close of business August 1, 2019, and the Agreement shall be renewed a final additional (1) one-year period, with such term taking effect November 1, 2019 and ending on October 31, 2020. II.MODIFICATION NO. 2 ARTICLE V COMPENSATION Section 5.1 Compensation 1) Yard Waste. For providing for, on behalf of the City, the collection, transportation and disposal of yard waste, the Contractor shall receive as compensation the rates outlined in this Section 5.1. The Contractor shall provide a monthly invoice over a nine (9) month cycle to the City itemizing the number of stops serviced, which is currently at 13,452, along with the unit price. Future increases/decreases to the number of stops serviced must be confirmed and mutually agreed upon by both the City and the Contractor. Yard Waste Collection Services, once per week collection of 95 gallon carts, kraft bags, or bundles, from 13,452 pick-up stops Dates Unit Price per Stop based on 13,452 stops per month Total cost of Service for 9 Month Collection Service Cycle Apr - Dec 2016 $5.41 $654,977.88 88 of 288 3 After December 2016, the unit price outlined in this Section 5.1 will adjust annually based on the change in the Consumer Price Index (CPI-U) for the Midwest Urban Area, All Items. The charges for the 12 previous months are subject to a minimum 1.5% adjustment and 3.5% maximum adjustment, such adjustment that shall be effective as of November 1st of each subsequent year this Agreement is in effect. III. MODIFICATION NO. 3 The following new sections are added to the Agreement: Section 9.19 – Protection of Property The Contractor shall take all reasonable actions to avoid damage as a result of its operations, to existing sidewalks, curbs, streets, alleys, trees, parkways, pavements, utilities, adjoining property, and the property of the City and others. Contractor shall repair any damage thereto or replace damaged items specifically caused by Contractor’s operations. Contractor shall also leave all property described in the preceding two sentences in a clean and slightly condition, and shall clean property that is made unclean or unsightly by Contractor’s operations under this Agreement. All materials collected by the Contractor shall be so contained, secured or enclosed during collection and transportation so that leaking, spilling or blowing is prevented. The Contractor shall immediately clean up and remediate all litter, blowing debris, spills and releases of any material resulting from Contractor’s operations or activity occurring prior to the delivery of the material to its intended destination. Section 9.20 – Damage to Streets Prohibited Contractor shall use equipment that will not damage or disfigure City streets, and its operators/employees shall operate equipment in a manner that will not damage or disfigure City streets, sidewalks, trees, curbs, parkways, pavements, and City property. Contractor shall repair, at its sole expense, all damage to City property that is caused by spills, skidding vehicles, driving on sidewalks or parkways, equipment malfunctioning, or operator/employee negligence. Contractor shall maintain $35,000 in an account specifically designated for the cleaning of the streets or sidewalks by the City, to be used if the City cleans the streets or sidewalks instead of having Contractor do so, or, in the event Contractor does not perform such work to the City’s satisfaction. Th e Contractor shall fully fund and maintain this account on an annual basis each calendar year this Agreement remains in effect. 89 of 288 4 Section 9.21 – Emergency Request for Service Upon request by the City, Contractor shall provide the services offered under this Agreement free of charge in emergencies to alleviate threats to public health, safety and welfare, including but not limited to, flooding and fly-dumping. The Contractor’s obligation to provide collection services under this Section shall be limited to forty (40) hours per year. The Contractor’s obligations under this Section do not include locations serviced by any other third party waste collection company. The maximum charge for additional costs associated with services exceeding the 40 hour limit in this Section charged to the City shall not exceed One Hundred Ten Dollars ($110.00) per hour with one (1) collector. Contractor may be requested to respond to the City’s request for these ser vices within a twelve (12) hour period in the event of an emergency. IN WITNESS WHEREOF, the parties hereto have caused this Contract Amendment No. 2 to the Solid Waste Services Agreement to be executed by their duly authorized representatives, effective as of November 1, 2015. Groot Industries, Inc. City of Evanston By: _________________________ By: ______________________ Its: _________________________ Its: City Manager Approved as to Form: ______________________ W. Grant Farrar, Corporation Counsel 90 of 288 1 CONTRACT AMENDMENT NO. 1 TO SOLID WASTE SERVICES AGREEMENT BETWEEN THE CITY OF EVANSTON AND GROOT INDUSTRIES, INC., DATED OCTOBER 10, 2008 SOLID WASTE SERVICES AGREEMENT FOR COMMERCIAL, BUSINESS, INSTITUTIONAL, MULTI-FAMILY RESIDENTIAL BUILDINGS (“Franchise Agreement”) EFFECTIVE DATE OF THIS CONTRACT AMENDMENT: November 1, 2015 RECITALS WHEREAS, the City of Evanston (the “City”) and Groot Industries, Inc. (“Groot”) desire to renew and extend the term in the aforementioned Commercial Waste Franchise Contract (the “Agreement”), and to also add new sections to the Agreement, through this Contract Amendment No. 1 (the “Amendment”); and WHEREAS, the language in Sections 2.7, 3.1 and 5.1 of the Agreement are stricken and replaced, and amended in their entirety; and WHEREAS, this Amendment adds new sections to the Agreement as set forth herein; and WHEREAS, all other terms of the Agreement, not revised or amended as provided herein, otherwise remain in full and force effect, NOW, THEREFORE, the parties agree as follows: I. MODIFICATION NO. 1 ARTICLE II SCOPE OF SERVICES Section 2.7 Modification of Required Services The Municipality reserves the right to adjust or expand the scope of Commercial Services required under this Solid Waste Services Agreement, upon thirty (30) days prior written notice to the contractor, to accommodate changes in the definition of non-SWANCC waste, changes in the scope of services provided by SWANCC or to advance the City’s interest in emerging or optimizing sustainability program. The Municipality and the Contractor agree to negotiate an equitable adjustment to the Contractor’s compensation under this Solid Waste 91 of 288 2 Services Agreement required as a result of any adjustment or expansion of Municipal Franchised Services. II. MODIFICATION NO. 2 ARTICLE III TERMS OF SOLID WASTE SERVICES AGREEMENT Section 3.1 Term of Solid Waste Contract The Agreement between the City and the Contractor is renewed for an additional (5) five-year period. The term of the renewal period shall take effect November 1, 2015 and end on October 31, 2020. III. MODIFICATION NO. 3 ARTICLE V COMPENSATION Section 5.1 Compensation Non-SWANCC Waste. For providing for, on behalf of the Municipality, the collection, transportation and disposal (or sale) of commercial refuse and recyclables at a facility or facilities mutually agreed upon by the Municipality and the Contractor, and for providing revenue collection services, the contractor shall provide compensation from commercial customers based on the rates outlined in Exhibit 1 to this Agreement. The rates outlined in Exhibit 1 reflect a 12% rate reduction for the period of November 1, 2014 – October 31, 2015. The rates outlined in Exhibit 1 will adjust annually based on the change in the Consumer Price Index (CPI-U) for the Midwest Urban Area, All Items. The rates for the 12 previous months are subject to a minimum 1.5% adjustment and 3.5% maximum adjustment, such adjustment that shall be effective as of November 1 st of each subsequent year this Agreement is in effect. IV. MODIFICATION NO. 4 The following new sections are added to the Agreement: Section 11.15 – Protection of Property The Contractor shall take all reasonable actions to avoid damage as a result of its operations, to existing sidewalks, curbs, streets, alleys, trees, parkways, pavements, utilities, adjoining property, and the property of the City and others. Contractor shall repair any damage thereto or replace damaged items specifically caused by Contractor’s operations. Contractor shall also leave all property 92 of 288 3 described in the preceding two sentences in a clean and slightly condition, and shall clean property that is made unclean or unsightly by Contractor’s operations under this Agreement. All materials collected by the Contractor shall be so contained, secured or enclosed during collection and transportation so that leaking, spilling or blowing is prevented. The Contractor shall immediately clean up and remediate all litter, blowing debris, spills and releases of any material resulting from Contractor’s operations or activity occurring prior to the delivery of the material to its intended destination. Section 11.16 – Damage to Streets Prohibited Contractor shall use equipment that will not damage or disfigure City streets, and its operators/employees shall operate equipment in a manner that will not damage or disfigure City streets, sidewalks, trees, curbs, parkways, pavements, and City property. Contractor shall repair, at its sole expense, all damage to City property that is caused by spills, skidding vehicles, driving on sidewalks or parkways, equipment malfunctioning, or operator/employee negligence. Contractor shall maintain $35,000 in an account specifically designated for the cleaning of the streets or sidewalks by the City, to be used if the City cleans the streets or sidewalks instead of having Contractor do so, or, in the event Contractor does not perform such work to the City’s satisfaction. This account will be maintained on annual basis each calendar year this Agreement remains in effect. Section 11.16 – Emergency Request for Service Upon request by the City, Contractor shall provide the services offered under this Agreement free of charge in emergencies to alleviate threats to public health, safety and welfare, including but not limited to, flooding and fly-dumping. The Contractor’s obligation to provide collection services under this Section shall be limited to forty (40) hours per year. The Contractor’s obligations under this Section do not include locations serviced by any other third party waste collection company. The maximum charge for additional costs associated with services exceeding the 40 hour limit in this Section charged to the City shall not exceed One Hundred Ten Dollars ($110.00) per hour with one (1) collector. Contractor may be requested to respond to the City’s request for these services within a twelve (12) hour period in the event of an emergency. 93 of 288 4 IN WITNESS WHEREOF, the parties hereto have caused this Contract Amendment No. 2 to the Solid Waste Services Agreement to be executed by their duly authorized representatives, effective as of November 1, 2015. Groot Industries, Inc. City of Evanston By: _________________________ By: ______________________ Its: _________________________ Its: City Manager Approved as to Form: ______________________ W. Grant Farrar, Corporation Counsel 94 of 288 EXHIBIT A TO CONTRACT AMENDMENT NO. 1 FRANCHISE AGREEMENT RATES 95 of 288 EXHIBIT A Solid Waste Hauling Disposal Services Groot Industries Rates Effective November 1, 2015 - October 31, 2016 Rates below reflect a 12% reduction from the rates effective Nov 1, 2014 - Oct 31, 2015 Continaer Size 1 x Wk 2x Wk 3x Wk 4x Wk 5x Wk 6x Wk 65 gallon carts $22.29 95 gallon carts $22.29 $38.62 $53.19 1 cubic yard $40.99 $76.55 $107.33 $142.81 1.5 cubic yards $50.25 $88.04 $124.26 $163.61 $201.40 $239.18 2 cubic yards $61.33 $116.49 $167.39 $226.51 $280.84 $337.13 4 cubic yards $101.95 $185.28 $268.59 $351.72 $433.08 $518.46 6 cubic yards $151.95 $276.22 $397.45 $526.80 $642.14 $675.80 8 cubic yards $184.99 $344.85 $498.03 $656.96 $824.39 $856.79 10 cubic yards $219.44 $405.42 $591.51 $777.52 $963.41 $1,019.00 Continaer Size 1 x Wk 2x Wk 3x Wk 4x Wk 5x Wk 95 gallon carts Free $21.43 1 cubic yard $34.81 $69.63 $104.46 1.5 cubic yards $38.07 $76.15 $114.22 $152.28 $190.35 2 cubic yards $44.16 $88.30 $132.45 $176.59 $220.75 4 cubic yards $85.12 $170.23 $255.35 $340.47 $425.59 6 cubic yards $102.79 $205.61 $308.40 $411.22 $514.03 8 cubic yards $121.85 $243.73 $332.34 $487.47 $609.31 10 cubic yards $139.15 $278.31 $417.46 $556.62 $695.75 Size Temporary Permanent Cap (Tons) 10-yard roll-off $346.96 $338.16 2 15-yard roll-off $380.22 $367.02 2.5 20-yard roll-off $407.92 $390.32 3 30-yard roll-off $472.23 $445.83 4 YARDS Per Haul Cap (Tons) 20-yard compaction equiment $390.32 3 25-yard compaction equiment $408.07 3.5 30-yard compaction equiment $445.84 4 Solid Waste Hauling Cost per Month Frequency of Service Roll-off dumpsters that exceed cap will be invoiced at $60.13 per ton. Recycling Cost per Month Roll-off Rates Cost per Haul Permanent Compactors Frequency of Service Temporary roll-off rates will be reduced by 10% for customers who have more than ten containers per job/address. 96 of 288 96-R-15 ~4~ EXHIBIT 2 ACKNOWLEDGMENT AND AGREEMENT TO THE TERMS OF RESOLUTION 96-R-15 AND EXTENSIONS OF THE WASTE SERVICES AGREEMENTS, AS MODIFIED, WITH THE CITY OF EVANSTON Groot Industries, Inc. hereby acknowledges and agrees to the terms of Resolution 96-R-15, and to the extensions of the waste services agreements, as modified, with the City of Evanston. GROOT INDUSTRIES, INC. By: _____________________________________ Frank Hillegonds, Municipal Affairs Manager ATTEST: _______________________________________ Its: Secretary 97 of 288 Page 1 of 1 For City Council meeting of October 26, 2015 Item A6 Resolution 63-R-15: YOU Parking Lot Agreement, 1623 Dodge Avenue For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Bob Dorneker, Interim Director Parks, Recreation & Community Services Christina Ferraro, Assistant Director Community Services Subject: Resolution 63-R-15, Y.O.U. Parking Agreement for Lot Located at 1623 Dodge Avenue Date: October 26, 2015 Recommended Action: Staff recommends adoption of Resolution 63-R-15, authorizing the City Manager to negotiate and execute a Parking Agreement with Youth & Opportunity United, Inc. (YOU) for usage of the parking lot at 1623 Dodge Avenue, while their new facility is under construction. Summary: YOU is the owner of the parking lot with fifty two (52) spaces located at 1623 Dodge Avenue, across the street from the Gibbs Morrison Cultural Center (GMCC) at 1823 Church Street. While the new YOU facility, planned for 1911 Church Street, is under construction (anticipated construction March 1, 2016 through November 30, 2016) at least twenty four (24) spaces are required for construction materials during building construction. ETHS has been allotted twenty (20) spaces in exchange for maintaining the parking lot and the lot of the future site on Church Street. There are eight (8) spaces in the parking lot that will be reserved for the City and the City’s employees, contractors, volunteers or patrons to use. In exchange for the use of the parking lot, the City agrees to provide YOU with privileges to use GMCC once a month during the term of the agreement for YOU meetings or events; The City also agrees to stripe the parking lot once during the time period of the contract. The City may install appropriate signage as “Reserved for Gibbs Morrison Center Users” Once construction is complete, YOU will re-evaluate and meet with City staff to discuss parking needs. Attachments: Agreement Exhibits A & B Memorandum 98 of 288 10/13/2015 63-R-15 A RESOLUTION Authorizing the City Manager to Negotiate and Execute a Parking Agreement with Youth & Opportunity United, Inc. WHEREAS, Youth & Opportunity United, Inc. (“Y.O.U”) is the owner of a parking lot located at 1623 Dodge Avenue, Evanston, Illinois (the “Parking Lot”); and WHEREAS, The City is the owner of that real property commonly known as the Gibbs Morrison Cultural Center at 1823 Church Street, which is located across the street from the Parking Lot; and WHEREAS, Y.O.U is willing to permit the City to utilize parking spaces within the Parking Lot for visitors, employees, and other invitees to the Gibbs Morrison Cultural Center and inconsideration the City will let Y.O.U. host events or meetings in the Gibbs Morrison Cultural Center and will stripe the Parking Lot, NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The City Manager is hereby authorized to execute the Parking Agreement with Youth & Opportunity United, Inc. (Y.O.U.), an Illinois not-for- profit corporation , attached hereto as Exhibit 1, the terms are incorporated herein by reference. SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional conditions of the Parking Agreement as he may determine to be in the best interests of the City and in a form acceptable to the Corporation Counsel. 99 of 288 63-R-15 ~ 2 ~ SECTION 3: That this Resolution 63-R-15 shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Adopted: __________________, 2015 100 of 288 63-R-15 ~ 3 ~ EXHIBIT 1 Parking Agreement 101 of 288 Execution Version PARKING LOT USE AGREEMENT The following Agreement is between Youth & Opportunity United, Inc., a/k/a Youth Organization Umbrella, Inc. (“Y.O.U.”), and the City of Evanston, an Illinois municipal corporation (the “City”). Y.O.U. and the City are sometimes herein referred to collectively as the “Parties” or individually as a “Party.” The Parties agree as follows: I. Use of Parking Lot: A. Description of Parking Lot. Y.O.U. is the owner of that certain parking lot located at 1623 Dodge Avenue, Evanston, Illinois (the “Parking Lot”). The City is the owner of that certain real property commonly known as the Gibbs Morrison Cultural Center at 1823 Church Street (“City Property”), located across the street from the Parking Lot. B. Use of Parking Lot. Y.O.U. agrees to allow the City and the City’s employees, contractors, volunteers or invitees (collectively with the City, the “City Users”) to use all or such portion of the parking spaces located in the Parking Lot specified on Exhibit A commencing and ending on the dates and during the times provided in Exhibit A to this Agreement (“Usage Period”) until the expiration of this Agreement specified in Paragraph III.E below (“Expiration Date”). Up to a maximum of eight (8) spaces (but not the aisles adjoining such spaces) in the area shown on Exhibit B attached to this Agreement may be designated by the City for the sole use by the City Users until the Expiration Date (“City Reserved Spaces”) but only during the Usage Period specified on Exhibit A for such City Reserved Spaces (“Reserved Space Usage Period”), which the City shall have the right to identify by installing appropriate signage as “Reserved for Gibbs Morrison Center Users” or other similarly worded signage. Y.O.U. shall at all times be the sole owner of the Parking Lot and the City shall have no right or interest in the Parking Lot, except for the right to use the Parking Lot as provided in this Agreement. 1. Y.O.U.’s Construction Period Use. Notwithstanding the foregoing, Y.O.U. reserves the right during the time period (“Construction Period”) when its new facility is under construction at 1911 Church Street, Evanston, Illinois (“Y.O.U. New Facility”) to designate approximately 8 spaces (including the adjoining aisle space, as long as adequate ingress and egress to the City Reserved Spaces is preserved) in the area of the Parking Lot depicted on Exhibit B as reserved for use by the contractor and subcontractors working on the construction (“Reserved Construction Spaces”), but Y.O.U. reserves the right to use as many additional parking spaces as may be needed to accommodate the construction of the Y.O.U. New Facility during all or part of the Construction Period, as long as it continues to allow the City to use the City Reserved Spaces. The Construction Period is currently anticipated by Y.O.U. to commence on or around March 1, 2016 and end on or around November 30, 2016, but the dates for the Construction Period are subject to change (including extension) by Y.O.U. in Y.O.U.’s discretion. Such Reserved Construction Spaces shall be clearly marked as such by Y.O.U. or its contractor and shall not be used by any City Users during the hours of 7:00 a.m. to 4:00 p.m. and may also be fenced off in a manner that limits access thereto by any persons other than the contractor and subcontractors during the entire Construction Period. 102 of 288 2 2. Y.O.U.’s Post-Construction Use of the Parking Lot. The City understands and acknowledges that upon completion of Y.O.U.’s New Facility, Y.O.U. reserves the right to use and to allow its employees, directors, patrons, clients and other invitees to the New Facility to use the Parking Lot (other than the eight (8) City Reserved Spaces during the applicable Reserved Spaces Usage Period) on a first-come, first served basis during all of the other time periods when the City is permitted to use the Parking Lot. 3. Other Uses of Parking Lot. In addition to the foregoing provisions of Section I.B.1 and 2 above, the City acknowledges and understands that except for the right of the City to the exclusive use of the City Reserved Spaces during the Reserved Spaces Usage Period, the City’s right to use the Parking Lot as provided herein is not exclusive and that Y.O.U. reserves the right to permit the Parking Lot to be used by the Evanston Township High School District No. 202 (“School District”) for School District purposes, use by Y.O.U. and other businesses located in the area or the general public. and to permit the School District or Y.O.U. to post signage on the Parking Lot related to the use of other portions of the Parking Lot (excluding the City Reserved Spaces during the Reserved Spaces Usage Period), but that the use for City purposes will not include the dates or times of day set forth in Exhibit A for the School District’s exclusive use. 4. Y.O.U. Not Responsible for Unauthorized Use of Parking Lot. The City acknowledges and agrees that Y.O.U. will not be responsible or liable to the City if any non-City Users park in the Parking Lot during the dates and times set forth in Exhibit A (or park in the City Reserved Spaces) regardless of whether such non-City Users are associated with the City or are otherwise permitted or unauthorized, except that Y.O.U. will make reasonable efforts to educate and advise its employees not to park in the City Reserved Spaces during the Reserved Spaces Usage Period. C. Compensation. As compensation for the use of the Parking Lot, the City agrees to provide Y.O.U. with privileges to use the Gibbs Morrison Cultural Center once a month during the Term of this Agreement for Y.O.U. meetings or events,. Y.O.U. and the City will coordinate and schedule the dates in advance for the Y.O.U. utilization of the Gibbs Morrison Cultural Center space. The City also agrees to stripe the Parking Lot once during the time period of the contract at the City’s expense and consideration for the City’s use of parking spaces outlined in this Agreement. D. Maintenance of Parking Lot. Y.O.U. shall be responsible for the cost of repair and/or replacement of any damage to the Parking Lot, unless such damage is caused by the City or the City Users. The City shall not, however, be responsible for ordinary wear and tear to the Parking Lot. E. No Improvements. The City shall not modify, alter, place or make any permanent fixtures or improvements upon the Parking Lot without Y.O.U.’s prior written approval. Y.O.U. acknowledges that the Parking Lot will comply with all City Code provisions and the Illinois Accessibility Code. F. Required Parking Lot Enhancements. In addition to the costs to be incurred and the services to be provided by the School District provided elsewhere in this 103 of 288 3 Section I, the City will provide assistance in the cost of any re-striping required by the City in connection with its approval of the plans for the Y.O.U. New Facility. II. Indemnification and Insurance Provisions: A. Indemnification. The City and Y.O.U. each agree to mutually indemnify, defend, and hold harmless the other Party and their respective board members, employees, and agents from all claims, causes of action, damages, whether to person (including death) or property, costs (including reasonable attorneys’ fees), and losses (collectively “Claims”) to the extent the Claims arise out of the acts or omissions of the indemnifying Party. In addition, and without limited the foregoing, the City and not Y.O.U. shall be responsible and liable to Y.O.U. for any Claims for which the City would be required to indemnify Y.O.U. that are asserted against Y.O.U. by any City User, regardless of whether the use by a City User is during the days and times specified in Exhibit A. The City’s indemnification obligations under this Agreement shall not in any way be limited by the amount of insurance available to the City or lack of any insurance coverage with respect thereto. The respective obligations of the City and Y.O.U. to indemnify, defend, and hold harmless the other Party from Claims to the extent provided in this Section II.A shall apply regardless of the joint and several nature of any liability either might have pursuant to applicable law or any limitations on liability of either of them as an employer pursuant to applicable law, including without limitation, the provisions of Section 2-1117 of the Code of Civil Procedure, 735 ILCS 5/2-1117, and except as stated elsewhere in this Section II, in the event there is a determination of joint or concurrent negligence on the part of the City and Y.O.U., each shall bear that portion of the loss or damages assessed on account of a Claim that its share of the joint or concurrent negligence bears to the total negligence (including that of third parties) which caused the asserted Claim. B. No Waiver of Tort Immunity Defenses. Nothing contained in Section II.A of this Agreement, or in any other provision of this Agreement, is intended to constitute nor shall constitute a waiver of the defenses available to the City under the Illinois Local Governmental and Governmental Employees Tort Immunity Act, with respect to Claims by third parties against the City , but does not in any way affect the City ’s ’s obligation to indemnify Y.O.U. from any Claims by third parties under Section II.A, including Claims by any City Users. C. Evidence of Insurance Coverage. 1. City Insurance. The City represents and warrants to Y.O.U. that the City is self-insured for property and casualty (i.e., liability) and workers’ compensation coverage up to $1.25 Million per occurrence and shall maintain such self-insurance coverage amounts no greater than the foregoing without prior notice to Y.O.U. during the duration of this Agreement. From time to time upon request from Y.O.U., the City shall provide to Y.O.U. a certificate of insurance or other information reasonably requested by Y.O.U. evidencing that the City is self-insured in the aforementioned amount. 104 of 288 4 2. Y.O.U. Insurance. During the term of this Agreement, Y.O.U., at its sole cost and expense, shall carry and maintain comprehensive general liability insurance, with a minimum combined single limit of One Million ($1,000,000) per occurrence with a general aggregate minimum limit of Two Million ($2,000,000.00). In addition, the Y.O.U. shall keep and maintain Workers’ Compensation Insurance providing limits and coverages not less than those required by statute in Illinois. Y.O.U. shall provide the City with certificates of insurance evidencing the existence of the coverage described above, including form and deductibles, during the duration of this Agreement. D. Stated Insurance Coverage Limits Not the Extent of Liability. The insurance provided for by City in Section II.C.1 shall be primary and not excess as respects any Claims for which Y.O.U. is indemnified by the City. If the City from time to time carries insurance coverage of any one or more of the types required under Section II.C.1 with limits higher than what is required in Section II.C.1, the full amount of such insurance coverage shall be available to respond to a covered Claim and the coverage afforded to Y.O.U. shall not in any way be limited by the minimum insurance coverage limits specified in Section II.C.1 and shall be deemed increased to the amounts actually carried by the City. E. Obligations Survive. The respective obligations of Y.O.U. and the City under this Section II shall survive the expiration or earlier termination of this Agreement. III. Miscellaneous Provisions: A. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid, illegal, unenforceable or in conflict with any applicable federal, state or local law, regulation or code, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid, illegal or unenforceable, shall not be affected thereby, but such remaining provisions shall be interpreted, applied and enforced so as to achieve, as near as may be, the purposes and intent of this Agreement to the greatest extent not prohibited by law. B. Authority. The City represents and warrants to Y.O.U. that the execution and delivery of this Agreement has been duly authorized and executed as required under applicable law and that the City has full power and authority to enter into this Agreement and to perform the City’s obligations under this Agreement pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq., including without limitation, Section 10-20 thereof. Y.O.U. represents and warrants to the City that the execution and delivery of this Agreement has been duly authorized and executed and Y.O.U. has full power and authority to execute and deliver this Agreement and to perform Y.O.U.’s obligations under this Agreement. C. Applicable Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Illinois. 3 105 of 288 5 D. No Assignment. The City may not assign any rights or duties under this Agreement without the prior express written consent of Y.O.U., which may be withheld in Y.O.U.’s sole discretion. E. Term; Termination. The Expiration Date of this Agreement shall be upon the expiration of the Construction Period. In addition, either Party may terminate this Agreement prior to the Expiration Date for any reason after providing not less than 90 days prior written notice to the other Party of its intention to terminate the Agreement and specifying the date on which it shall terminate. Upon the Expiration Date or earlier termination of this Agreement, the City shall remove all signage installed by the City and repair any damage to the Parking Lot caused by such removal. F. Notices. All notices required or permitted by this Agreement must be in writing and delivered personally or sent by certified mail, return receipt requested to the respective Party’s mailing address set forth below: If to Y.O.U.: Youth & Opportunity United, Inc. 1027 Sherman Avenue Evanston, Illinois 60201 Attn: Seth Green, Executive Director If to the City : City of Evanston 2100 Ridge Avenue Evanston, IL 60201 Attn: Wally Bobkiewicz, City Manager With a copy to: City of Evanston 2100 Ridge Avenue Evanston, IL 60201 Attn: W. Grant Farrar, Corporation Counsel G. Effective Date. This Agreement shall be deemed dated and become effective on the date the last of the Parties signs as set forth below the signature of their duly authorized representatives (“Effective Date”). H. Counterparts. This Agreement may be executed simultaneously in two or more counterparts each of which shall be deemed an original, but all of which shall constitute one and the same Agreement. Y.O.U. and the City agree that the delivery of an executed copy of this Agreement by email shall be legal and binding and shall have the same full force and effect as if an original executed copy of this Agreement had been delivered. I. Captions. Paragraph and section headings used in this Agreement are for convenience of reference only and shall not affect the construction of any provision of this Agreement. 106 of 288 6 J. Plurals; Genders. Whenever used in this Agreement, the singular number shall include the plural, the plural shall include the singular, and the use of any gender shall be applicable to all genders. [Signatures on Next Page(s)] 107 of 288 7 IN WITNESS WHEREOF, the undersigned Parties have caused this Agreement to be executed by their duly designated officials or officers, intending it to be effective as of the Effective Date. City of Evanston By: ________________________________ Wally Bobkiewicz, City Manager Dated:_______________________________ Youth & Opportunity United, Inc. By: _______________________________ Seth Green, Executive Director Dated:_____________________________ 108 of 288 A-1 EXHIBIT A Dates and Times of City Parking Lot Use Beginning on October 27, 2015 and until the Expiration Date or earlier termination of the Agreement: Eight (8) City Reserved Spaces at all times during the year and at any time of day, except (i) during the “Teacher Institute Days” when the School District shall have the exclusive use of the entire Parking Lot between the hours of 8:00 a.m. and 5:00 p.m. (typically in the months of October and February during the school year), and (ii) during the hours of 8:00 a.m. and 5:00 p.m. during those days when the School District hosts the Boys’ and Girls’ Illinois High School Association State swim meet competitions (typically in even years and on Fridays and Saturdays), Y.O.U. shall provide notice to the City of the schedule in which the Reserved Spaces are not available within a reasonable time period. it being understood and agreed by the City that in both of the instances described in clauses (i) and (ii), the School District shall have the sole right to use the City Reserved Spaces. 109 of 288 EXHIBIT B Diagram of Parking Lot Showing Area for School District Reserved Spaces, City Reserved Spaces and Reserved Construction Spaces [See Attached] 110 of 288 111 of 288 For City Council meeting of October 26, 2015 Item A7 Resolution 98-R-15: Approving release of closed session minutes For Action To: Honorable Elizabeth B. Tisdahl and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Resolution 98-R-15; Approving Release of Certain Closed Session Minutes Date: October 13, 2015 Recommended Action: Staff recommends that City Council adopt Resolution 98-R-15 releasing the closed session meeting minutes listed on Exhibit A and finding that a need still exists for confidentiality as to the minutes on Exhibit B. The City is furthering its efforts to provide access to information and openness in government through the appropriate release of closed session minutes of the City Council. Summary: The Open Meetings Act, 5 ILCS 120/1, et seq., provides for specific exceptions to the general requirement of the Act that all meetings of public bodies be open, all actions of public bodies be taken openly, and all deliberations of public bodies be conducted openly (5 ILCS 120/1). Section 2.06 of the Open Meetings Act requires the City Council to meet and determine whether the need for confidentiality still exists as to closed session minutes. The schedule of closed session minutes on Exhibit A, in whole or in part, no longer necessitates confidential treatment and should be made available for public inspection and review which includes a total of 62 sets of minutes. The schedule of closed session minutes on Exhibit B still requires confidentiality for a variety of reasons provided for within the Open Meetings Act exceptions, 5 ILCS 120/2, including matters of personnel, pending litigation matters, and other applicable exceptions. ------------------------------------------------------------------------------------- Attachments: Resolution 98-R-15 Memorandum 112 of 288 9/29/2015 98-R-15 A RESOLUTION TO RELEASE CITY COUNCIL CLOSED SESSION MINUTES WHEREAS, the City Council has met from time to time in executive session for purposes authorized by the Illinois Open Meetings Act (5 ILCS 120/1 et seq); and WHEREAS, the Open Meetings Act requires a semi-annual review by the public body of all closed session minutes (5 ILCS 120/2.06(c)); and WHEREAS, pursuant to the requirements of the Illinois Open Meetings Act, (5 ILCS 120/2.06(c)), the City Council met to review minutes of all closed session meetings and make a determination and report in open session that (1) the need for confidentiality still exists as to all or part of those minutes; or (2) that the minutes or portions thereof no longer require confidentiality and should be made available for public inspection; and WHEREAS, the City Council has determined that the schedule of minutes of closed session meetings attached hereto as Exhibit “A” no longer require confidential treatment, in whole or in part and the City Council has found that portions of the minutes to be released should be redacted for confidential treatment; and WHEREAS, the City Council has determined that the schedule of minutes of closed session meetings attached hereto as Exhibit “B” still require confidential treatment and will not be made available for public inspection at this time, pursuant to Section 2.06 of the Open Meetings Act, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: 113 of 288 98-R-15 - 2 - SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: The executive session minutes from those meetings set forth on Exhibit A attached hereto are hereby released. SECTION 3: The City Clerk is hereby authorized and directed to make said minutes available for posting on the City of Evanston’s website, for inspection and copying in accordance with the standing procedures of the Clerk’s office. SECTION 4: That this Resolution 98-R-15 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: __________________, 2015 114 of 288 98-R-15 - 3 - EXHIBIT A SCHEDULE OF CLOSED SESSION MINUTES TO BE RELEASED Date Release in whole or in part 2015 1/12/15 Release in part 1/20/15 Release in whole 2/9/15 Release in part 3/16/15 Release in whole 3/23/15 Release in whole 5/11/15 Release in whole 6/1/15 Release in whole 6/22/15 Release in whole 7/27/15 Release in part 8/10/15 Release in whole 2014 1/13/14 Release in whole 1/27/14 Release in whole 2/24/14 Release in whole 3/10/14 Release in part 3/24/14 Release in whole 4/28/14 Release in whole 5/5/14 Release in whole 5/12/14 Release in whole 5/27/14 Release in whole 6/9/14 Release in whole 7/7/14 Release in part 7/14/14 Release in part 7/28/14 Release in whole 8/11/14 Release in whole 9/8/14 Release in part 9/22/14 Release in whole 10/13/14 Release in whole 11/17/14 Release in whole 2013 1/14/13 Release in whole 1/28/13 Release in whole 2/25/13 Release in whole 3/11/13 Release in part 6/10/13 Release in part 7/22/13 Release in whole 9/23/15 Release in whole 10/28/15 Release in whole 11/4/13 Release in whole 115 of 288 98-R-15 - 4 - 11/25/13 Release in whole 2012 1/23/12 Release in whole 2/6/15 Release in whole 2/27/12 Release in whole 6/11/12 Release in whole 6/25/12 Release in whole 7/23/12 Release in whole 8/13/12 Release in whole 9/24/12 Release in whole 10/8/12 Release in whole 10/22/12 Release in whole 11/12/12 Release in whole 12/10/12 Release in whole 2011 1/10/11 Release in whole 1/24/11 Release in whole 2/28/11 Release in whole 6/27/11 Release in whole 7/25/11 Release in whole 10/17/11 Release in whole 11/7/11 Release in whole 12/12/11 Release in whole 2010 6/14/10 Release in whole 7/12/10 Release in whole 8/9/10 Release in whole 11/15/10 Release in whole 116 of 288 98-R-15 - 5 - EXHIBIT B SCHEDULE OF CLOSED SESSION MINUTES NOT ELIGIBLE FOR RELEASE DUE TO A NEED FOR CONFIDENTIALITY AS OF OCTOBER 26, 2015: Date Date of Original Approval to Hold Hold in whole or in part 2015 1/5/15 10/26/15 HOLD in whole 1/12/15 10/26/15 HOLD in part 2/9/15 10/26/15 HOLD in part 3/9/15 10/26/15 HOLD in whole 7/27/15 10/26/15 HOLD in part 8/10/15 10/26/15 HOLD in part 8/12/15 10/26/15 HOLD in part 8/17/15 10/26/15 HOLD in part 2014 3/10/14 6/23/14 HOLD in part 3/24/14 6/23/14 HOLD 7/7/14 10/26/15 HOLD in part 7/14/14 10/26/15 HOLD in part 8/12/14 10/26/15 HOLD 9/8/14 10/26/15 HOLD in part 9/15/14 10/26/15 HOLD 12/8/14 10/26/15 HOLD 2013 3/11/13 12/9/13 HOLD in part 6/10/13 12/9/13 HOLD in part 2012 11/16/12 4/22/13 HOLD 11/26/12 4/22/13 HOLD in part 2011 3/22/11 6/11/12 HOLD in part 4/25/11 6/11/12 HOLD in part 117 of 288 For City Council meeting of October 26, 2015 Item A8 Ordinance 42-O-15 : Gender Neutral Restroom Signage For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Mark Muenzer, Director of Community Development Gary Gerdes, Manager, Building and Inspection Services Subject: Ordinance 42-O-15 Gender Neutral Restroom Signage Date: October 16, 2015 Recommended Action: City staff recommends City Council adoption of Ordinance 42-O-15 that would require all applicable public restroom facilities be designated by signage that the facilities are for men, women or are gender neutral. The proposed ordinance also amends the 2012 International Building Code to include definitions for multi occupancy, single occupancy and gender neutral restrooms. Proposal The proposed ordinance would require that all applicable public restroom facilities be designated by signage stating that the public facilities are for men, women, or are gender neutral. For public facilities that have multiple occupancy restrooms, signs shall indicate that the multiple occupancy restrooms remain designated for men or for women. For single occupancy restrooms, if the location includes only one single occupancy restroom, the single occupancy restroom shall be designated a gender neutral restroom. If the location includes two single occupancy restrooms, one single occupancy restroom would be designated a male restroom and one restroom designated a female restroom. If the location includes three or more single occupancy restrooms, one single occupancy restroom shall be designated a male restroom and one single occupancy restroom shall be designated a female restroom, while the remainder of the single occupancy restrooms will be designated gender neutral restrooms. The above descriptions are necessitated by the current Illinois Plumbing Code (IPC). The IPC states when public restroom facilities are required, separate facilities for males and females shall be provided. The IPC then refers to the Illinois Accessibility Code for restroom signage requirements. The International Building Code (IBC) also has a restroom signage requirement which allows the City to amend the IBC to include the gender neutral signage. Memorandum 118 of 288 Existing businesses and places of public accommodation would have sixty (60) days from the effective date of this ordinance to comply with the ordinance by replacing existing signs on the exterior of public restrooms. New businesses and places of public accommodation that have single stall restrooms would be required to immediately install the new restroom signs (or upon business opening). The City of Evanston will also be converting its public restroom facility signage to comply with this ordinance. Per the State of Illinois Human Rights Act and Equality Illinois, the state’s primary LGBT advocacy organization, state residents may use the restroom consistent with their gender identity. Residents are not obligated to produce documentation to ‘prove’ their gender and are protected by the public accommodation laws under the Human Rights Act. Legislative History N/A Attachments Ordinance 42-O-15 Gender Identity Definition – City Code Section 1-20-5 Sample Gender Neutral Restroom Sign 119 of 288 8/24/2015 42-O-15 AN ORDINANCE Amending City Code Section 4-2-2 to Require “Gender Neutral Restrooms” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Title 4, Chapter 2, Section 2 of the Evanston City Code of 2012, as amended, is hereby further amended to add the following: 202 Definitions. This Section is amended to include the following definition(s) in addition to the definitions in the 2012 International Building Code. MULTIPLE OCCUPANCY RESTROOM. A room designed to be used as a restroom by more than one person at a time, which shall contain, at least, more than one toilet and more than one sink, which shall be suitable for use by disabled persons in compliance with applicable local, state and federal laws. Toilets, for privacy purposes, shall be separated by partitions and the stalls shall be equipped with a locking mechanism to be operated by the user of the stall. SINGLE OCCUPANCY RESTROOM. A room designed to be used as a restroom by no more than one person at a time, which shall contain at least a toilet and a sink, which shall be suitable for use by disabled persons in compliance with applicable local, state and federal laws. The room shall be equipped with a locking mechanism to be operated by the user of the rest room. GENDER IDENTITY. Shall have the meaning given in City Code Section 1-21-5. GENDER NEUTRAL RESTROOM. A single occupancy restroom that is designated for use by any person, regardless of Gender Identity, as defined in City Code Section 1-21-5, as amended. 2902.4 Signage. All public restroom facilities shall be designated by legible signs, stating that the public facilities are for men, women, or are gender neutral, as applicable. For public facilities that have multiple occupancy restrooms, signs shall indicate that the multiple occupancy restrooms are either designated for men or for women. For single occupancy restrooms: (1) if the location includes only one single occupancy restroom, the single occupancy restroom shall be designated a gender neutral restroom; (2) if the location includes two single occupancy restrooms, one single occupancy restroom shall be designated a male restroom and one single occupancy restroom shall be designated a female restroom; (3) if the location includes three or more restrooms, one single occupancy restroom shall be designated a male restroom and one single occupancy restroom shall be designated a female restroom, while the 120 of 288 42-O-15 remainder of the single occupancy restrooms will be designated gender neutral restrooms. Every restroom shall have appropriate signage indicating the designation of the restroom. Signs shall be readily visible and located near the entrance to each toilet facility. Signs for accessible toilet facilities shall comply with Section 1110. 2902.4.1 Directional signage. Directional signage indicating the route to the public facilities shall be posted in accordance with Section 3107. Such signage shall be located in a corridor or aisle, at the entrance to the facilities for customers and visitors. SECTION 2: Existing businesses and places of public accommodation shall have sixty (60) days from the effective date of this ordinance to comply with any and all applicable provisions by replacing existing signs on the exterior of single stall restrooms depicting a single gender identity with signs indicating that they are gender neutral as required by this ordinance, and completing the necessary improvements to make each single stall restroom accessible to all gender identities as applicable. New businesses and places of public accommodation that have single stall restrooms shall provide the required signage and make each single stall restroom accessible to all gender identities immediately upon opening to the public. SECTION 3: Signs consistent with this ordinance shall be compliant with the Building Code. SECTION 4: If any provision of this Ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. 121 of 288 42-O-15 Introduced:_________________, 2015 Adopted:___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 122 of 288 123 of 288 GENDER NEUTRAL GENDER NEUTRAL 6” x 6” 124 of 288 For City Council meeting of October 26, 2015 Item A9 & A10 Ordinance 140-O-15: Parking Prohibited & Ordinance 141-O-15: Residents Only Parking For Introduction & Action To: Honorable Mayor and Members of the City Council From: Erika Storlie, Interim Director of Administrative Services David Stoneback, Public Works Agency Director Rickey A. Voss, Revenue/Parking Manager Rajeev Dahal, Senior Project Manager Subject: Ordinance 140-O-15: Grove Street Parking Prohibited Ordinance 141-O-15: Grove Street Residents Only Parking Date: October 13, 2015 Recommended Action: The Transportation/Parking Committee and staff recommend that the City Council adopt the following ordinances. Suspension of the Rules is requested for Introduction and Action on October 26, 2015. (A9) Ordinance 140-O-15, amending Section 10-11-8, Schedule XIII (A), which prohibits parking at all times to include Grove Street, south side, Wesley Avenue to Ashland Avenue; and (A10) Ordinance 141-O-15, creating Subsection 10-11-18, Schedule XVIII (M1): Parking upon the streets and public ways of the district shall be prohibited between the hours of 8:00 A.M. and 6:00 P.M. Monday through Saturday, except national holidays upon the following designated streets or portions thereof Grove Street, both sides, Asbury Avenue west to the first alley, by all vehicles not bearing a valid permit for the district. Those residents having a legal address on the portions of the street listed above are eligible to purchase a district ‘M1’ permit. Funding Source: Current inventory materials will be used to fabricate the signs, which will be installed by Public Works staff. Summary: A neighborhood meeting was held at Mason Park Field House on October 8, 2015 to discuss Grove Street access, parking removal, and the implementation of a new ‘M1’ Parking District. The staff received positive response from the residents to the recommended changes. Memorandum 125 of 288 Grove Street between Wesley Avenue and Ashland Avenue is about 22 feet wide with parking on both sides of the street. Residents have expressed concern that they are not able to get through when there is snow by the curb or when vehicles do not park with wheels to the curb. Staff has verified the concerns and noted that emergency vehicles may also have difficulty accessing the street. Since there are more parking spaces on the north side, staff is recommending restricting parking on the south side of the street. This segment of Grove is across from Dewey School, and consequently school employees also park here. The school has been in contact with the City regarding parking challenges for employees in and around the vicinity of the school. With the restriction of parking, school employees that currently park there will be displaced. To address and accommodate the schools parking needs, staff is recommending that Grove Street from Asbury Avenue to the west alley be designated as a ‘M1’ District. This will allow residents in this block to have parking permits thus preserving spaces for them. This ordinance also will allow Dewey School to offer school employees the option of purchasing ‘M1’ parking permits for this district. Parking permits cost $15 each. ------------------------------------------------------------------------------------- Attachments: Ordinance 140-O-15 Ordinance 141-O-15 126 of 288 10/14/15 140-O-15 AN ORDINANCE Amending City Code Section 10-11-8, Schedule XIII (A): Parking Prohibited NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Section 10-11-8, Schedule XIII (A) of the Evanston City Code of 2012, as amended, is hereby further amended to include the following: Grove Street South side, Wesley Avenue to Ashland Avenue SECTION 2: That the findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 3: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: That if any provision of this Ordinance 140-O-15 or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance 140-O-15 that can be given effect without the invalid application or provision, and each invalid application of this Ordinance 140-O-15 is severable. SECTION 5: That this Ordinance 140-O-15 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. 127 of 288 140-O-15 ~2~ Introduced: _________________, 2015 Adopted: ___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 128 of 288 10/14/15 141-O-15 AN ORDINANCE Adding City Code Section 10-11-18 (M1), Schedule XVIII (M1) to Include Resident Only Parking Between 8:00 A.M. and 6:00 P.M. On Certain Streets NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Section 10-11-18 of the Evanston City Code of 2012, as amended, is hereby amended to add Subsection (M1), Schedule XVIII (M1) as follows: (M1) District M1: Eight o'clock (8:00) A.M. to Six o'clock (5:00) P.M., Monday through Saturday: SCHEDULE XVIII (M1): RESIDENTS ONLY PARKING DISTRICTS Grove Street Both Sides, Asbury Avenue West to the first alley Those residents having a legal address on the portions of streets listed above are eligible to apply for and purchase a district M1 (M1) permit. SECTION 2: That the findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 3: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: That if any provision of this Ordinance 141-O-15 or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance 129 of 288 141-O-15 ~2~ 141-O-15 that can be given effect without the invalid application or provision, and each invalid application of this Ordinance 141-O-15 is severable. SECTION 5: That this Ordinance 141-O-15 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2015 Adopted: ___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 130 of 288 Item A11 For City Council meeting of October 26, 2015 Ordinance 125-O-15: Borrowing from the IEPA Loan Program For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Public Works Agency Director Kristin Rehg, Project Manager Subject: Ordinance 125-O-15, Authorizing the City to Borrow Funds from the Illinois Environmental Protection Agency Water Pollution Control Loan Program Date: September 22, 2015 Recommended Action: Staff recommends City Council adoption of Ordinance 125-O-15 authorizing the City to borrow up to $1,100,000 from the Illinois Environmental Protection Agency (IEPA) Water Pollution Control Loan Program for the construction of the Large Diameter Sewer Rehabilitation on the Mulford Street right-of-way extension west of Dodge Avenue, and authorizing the City Manager to execute the loan agreement with the IEPA. This ordinance was introduced at the October 12, 2015 City Council meeting. Funding Source: This ordinance authorizes the City to borrow up to $1,100,000. The debt service will be paid from the Sewer Fund. A copy of the long-term sewer fund analysis is attached that includes this loan and the debt service for repayment. Background: The City has 7.0 miles of 36-inch diameter and larger sewers that are constructed of brick or clay tile and are greater than 100 years old. The estimated cost to rehabilitate these sewers using a cured-in-place pipe (CIPP) lining process is $14.4 million. The Utilities Department has been successful in obtaining over $4.3 million in IEPA loans since 2012 that have funded the rehabilitation of 2.4 miles of the 7.0 miles of large diameter sewer in need of rehabilitation. Analysis: The work to be performed under this proposed project will rehabilitate approximately 1,924 feet of large diameter sewer main. The sewer mains are located along the Mulford Street right-of-way, west of Dodge Avenue (along the south side of James Park). Memorandum 131 of 288 The IEPA has reviewed and approved the project, as indicated in the attached letter dated May 9, 2013, and has also issued a Categorical Exclusion from a detailed environmental review of the project. The attached approval letter from IEPA indicates a number of additional requirements that need to be met prior to obtaining a loan commitment. Adoption of this ordinance authorizing the City to borrow the funds is one of those requirements. Legislative History: N/A Attachments: Proposed Ordinance 125-O-15 Sewer Fund analysis Project Location Map IEPA project approval letter dated May 9, 2013 132 of 288 9/22/2015 125-O-15 AN ORDINANCE Authorizing the City to Borrow Funds from the Illinois Environmental Protection Agency Water Pollution Control 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 sewage collection 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 sewage collection 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: 133 of 288 125-O-15 ~2~ Large diameter sewer rehabilitation by installing a cured-in-place pipe line in approximately 1,924 feet of 45-inch to 54-inch diameter combined sewer on the Mulford Street right-of-way extension west of Dodge Avenue. The expected useful life of said rehabilitated sewers is estimated at 100 years. All improvements are to be constructed in accordance with the plans and specifications prepared by the City of Evanston Professional Engineer registered staff. 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 one million one hundred thousand dollars ($1,100,000) 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 Water Pollution Control 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 one million one hundred thousand dollars ($1,100,000) 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 125-O-15 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. 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 134 of 288 125-O-15 ~3~ 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 one million one hundred thousand dollars ($1,100,000). 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 sewer 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 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 135 of 288 125-O-15 ~4~ 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, purchase of sewage treatment or disposal capacity, 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. 136 of 288 125-O-15 ~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. 137 of 288 125-O-15 ~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: _________________, 2015 Adopted: ___________________, 2015 Approved: ________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 138 of 288 FY 2015FY 2016FY 2017FY 2018FY 2019FY 2020FY 2021FY 2022FY 2023FY 2024YE EstimateProjectedProjectedProjectedProjectedProjectedProjectedProjectedProjectedProjectedRevenuesSewer Service Charges 1$11,878,000 $12,489,717 $12,239,923 $11,750,326 $10,927,803 $10,053,579 $10,053,579 $10,053,579 $9,450,364 $9,450,364Other Operating Revenues $402,815 $402,815 $402,815 $402,815 $402,815 $402,815 $402,815 $402,815 $402,815 $402,815Bond Proceeds$0 $0 $0$0$0$0$0$0$0$0IEPA Loan Proceeds 2$220,000 $980,000 $1,672,000 $1,300,000 $1,300,000 $2,100,000 $2,100,000 $584,000$0$0Investment Earnings$2,024 $1,828 $1,732 $1,576 $1,540 $1,481 $1,240 $1,272 $1,419 $1,310Total Revenues$12,502,839 $13,874,360 $14,316,470 $13,454,717 $12,632,158 $12,557,875 $12,557,634 $11,041,666 $9,854,598 $9,854,489ExpensesSewer OM&R$2,603,060 $2,752,732 $2,910,905 $3,127,419 $2,785,718 $2,837,684 $3,404,378 $3,319,879 $3,390,177 $3,880,736Capital Improvements - Annual Programs 3$782,000 $1,295,000 $1,880,000 $1,940,000 $2,010,000 $2,080,000 $2,155,000 $2,230,000 $2,305,000 $2,385,000Large Diameter Sewer Rehabilitation Projects 2$220,000 $980,000 $1,672,000 $1,300,000 $1,300,000 $2,100,000 $2,100,000 $584,000$0$0Debt Service (Existing)$9,613,727 $8,900,396 $8,097,346 $7,216,456 $6,106,027 $5,595,980 $4,975,604 $3,604,591 $3,604,771 $3,274,962Debt Service 2 - $13,841 $72,910 $180,164 $263,555 $346,947 $481,656 $616,365 $653,826 $653,826Total Expenses$13,218,787 $13,941,969 $14,633,161 $13,764,039 $12,465,300 $12,960,611 $13,116,638 $10,354,835 $9,953,774 $10,194,524FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024Beginning Unrestricted Fund Balance $4,405,937 $3,689,989 $3,622,380 $3,305,689 $2,996,367 $3,163,225 $2,760,489 $2,201,485 $2,888,316 $2,789,140Total Revenues$12,502,839 $13,874,360 $14,316,470 $13,454,717 $12,632,158 $12,557,875 $12,557,634 $11,041,666 $9,854,598 $9,854,489Total Expenses$13,218,787 $13,941,969 $14,633,161 $13,764,039 $12,465,300 $12,960,611 $13,116,638 $10,354,835 $9,953,774 $10,194,524Net Surplus (Deficit)($715,948)($67,609) ($316,691) ($309,322)$166,858($402,736) ($559,004)$686,831($99,176) ($340,035)Ending Unrestricted Fund Balance$3,689,989 $3,622,380 $3,305,689 $2,996,367 $3,163,225 $2,760,489 $2,201,485 $2,888,316 $2,789,140 $2,449,105Target Unrestricted Fund Balance$2,500,000 $2,500,000 $2,500,000 $2,500,000 $2,500,000 $2,500,000 $2,500,000 $2,500,000 $2,500,000 $2,500,000NOTES:1. Debt service for the 15-year Long Range Sewer Program, completed in 2009, makes up the majority of existing revenue requirements. As each existing bond or loan is repaid over the next 20 years, the sewer service charges will be incrementally reduced, thus decreasing the operating revenue stream over time. However, rates will still be maintained at a level that will fully support operations, annual capital improvement programs, and remaining debt service.2. Loan proceeds and corresponding capital costs for Project L17-5240 (construction completed in 2015) are shown in FY 2015. Loan proceeds and corresponding capital costs for Project L17-5242 (in loan application process) are shown in FY 2016. Additional large diameter sewer rehab projects for which the City intends to apply for IEPA loan funding are shown in FY 2017 - FY 2022, with debt repayment beginning in the fiscal year following each project year.3. Annual programs include CIPP lining of small diameter sewers, sewer structure rehabilitation and replacement, stormwater management improvements, and emergency sewer repairs. All annual programs are funded with cash from sewer service charge revenues.CITY OF EVANSTONLARGE DIAMETER SEWER REHABILITATION - MULFORD STREET EXTENSIONWPCLP LOAN APPLICATION - L17-5242SEWER FUND REVENUE AND REPAYMENT SCHEDULE139 of 288 FY 2025FY 2026FY 2027FY 2028FY 2029FY 2030FY 2031FY 2032FY 2033FY 2034FY 2035ProjectedProjectedProjectedProjectedProjectedProjectedProjectedProjectedProjectedProjectedProjectedRevenuesSewer Service Charges$9,166,853 $8,525,173 $8,098,915 $7,693,969 $7,693,969 $7,693,969 $7,693,969 $7,927,520 $7,531,144 $8,786,407 $9,014,135Other Operating Revenues$402,815$402,815$402,815$402,815$402,815$402,815$402,815$402,815$402,815$102,815$102,815Bond Proceeds$0 $0 $0$0$0$0$0$0$0$0$0IEPA Loan Proceeds 2$0$0$0$0$0$0$0$0$0$0$0Investment Earnings$1,405 $1,629 $1,668 $1,740 $1,732 $1,409 $1,180 $1,219 $1,152 $1,152 $1,250Total Revenues$9,571,073 $8,929,617 $8,503,398 $8,098,524 $8,098,516 $8,098,193 $8,097,964 $8,331,554 $7,935,111 $8,890,374 $9,118,200ExpensesSewer OM&R$3,334,851 $3,446,830 $3,564,607 $3,686,406 $4,653,726 $5,166,239 $4,088,727 $4,182,248 $4,199,276 $4,451,063 $5,039,373Capital Improvements - Annual Programs 3$2,465,000 $2,550,000 $2,640,000 $2,730,000 $2,820,000 $2,915,000 $3,010,000 $3,110,000 $3,210,000 $3,315,000 $3,425,000Large Diameter Sewer Rehabilitation Projects $0 $0$0$0$0$0$0$0$0$0$0Debt Service (Existing)$2,395,212 $2,106,649 $1,661,264 $721,502 $312,711 $312,234 $311,688 $262,437 $262,437 $80,057 - Debt Service 2$653,826 $653,826 $653,826 $653,826 $653,826 $653,826 $653,826 $653,826 $653,826 $653,826 $653,826Total Expenses$8,848,889 $8,757,305 $8,519,697 $7,791,734 $8,440,263 $9,047,299 $8,064,241 $8,208,511 $8,325,539 $8,499,946 $9,118,199FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035Beginning Unrestricted Fund Balance $2,449,105 $3,171,289 $3,343,601 $3,327,302 $3,634,092 $3,292,345 $2,343,239 $2,376,962 $2,500,005 $2,109,577 $2,500,005Total Revenues$9,571,073 $8,929,617 $8,503,398 $8,098,524 $8,098,516 $8,098,193 $8,097,964 $8,331,554 $7,935,111 $8,890,374 $9,118,200Total Expenses$8,848,889 $8,757,305 $8,519,697 $7,791,734 $8,440,263 $9,047,299 $8,064,241 $8,208,511 $8,325,539 $8,499,946 $9,118,199Net Surplus (Deficit)$722,184 $172,312($16,299)$306,790($341,747) ($949,106)$33,723 $123,043($390,428)$390,428$1Ending Unrestricted Fund Balance$3,171,289 $3,343,601 $3,327,302 $3,634,092 $3,292,345 $2,343,239 $2,376,962 $2,500,005 $2,109,577 $2,500,005 $2,500,006Target Unrestricted Fund Balance$2,500,000 $2,500,000 $2,500,000 $2,500,000 $2,500,000 $2,500,000 $2,500,000 $2,500,000 $2,500,000 $2,500,000 $2,500,000CITY OF EVANSTONLARGE DIAMETER SEWER REHABILITATION - MULFORD STREET EXTENSIONWPCLP LOAN APPLICATION - L17-5242SEWER FUND REVENUE AND REPAYMENT SCHEDULE140 of 288 141 of 288 142 of 288 For City Council meeting of October 26, 2015 Item A12 Ordinance 127-O-15: Decreasing Class D Liquor License Dave’s Italian Kitchen For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 127-O-15, Decreasing the Number of Class D Liquor Licenses for Italian Kitchen, Ltd. d/b/a Dave’s Italian Kitchen, 1635 Chicago Avenue Date: October 12, 2015 Recommended Action: Staff recommends City Council adoption of Ordinance 127-O-15. Summary: Ordinance 127-O-15 amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to decrease the number of authorized Class D liquor licenses from fifty-one (51) to fifty (50). Italian Kitchen, Ltd., d/b/a Dave’s Italian Kitchen (“Company”), 1635 Chicago Avenue, is not renewing its liquor license. This ordinance amends the City Code to reflect the decrease in Class D liquor licenses. This ordinance was introduced at the October 12, 2015 City Council meeting. Legislative History: N/A Alternatives: N/A ------------------------------------------------------------------------------------- Attachments: Ordinance 127-O-15 Memorandum 143 of 288 9/24/2015 127-O-15 AN ORDINANCE Amending City Code Section 3-4-6-(D) to Decrease the Number of Class D Liquor Licenses from Fifty-One to Fifty (Italian Kitchen Ltd., dba “Dave’s Italian Kitchen”, 1635 Chicago Avenue) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class D of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: D Restaurant Liquor None $2,800 $2,800 5150 None 11 a.m.— 1 a.m. (Mon- Thurs); 11 a.m. – 2 a.m. (Fri-Sat); 12 p.m. – 1 a.m. (Sun) SECTION 2: Subsection 3-4-6-(D) of the Evanston City Code of 2012, as amended, is hereby further amended by decreasing the number of Class D liquor licenses from fifty-one (51) to fifty (50) to read as follows: (D)CLASS D licenses, which shall authorize the retail sale in restaurants only of alcoholic liquor for consumption on the premises where sold. No such license may be granted to or retained by an establishment in which the facilities for food preparation and service are not primarily those of a "restaurant", as defined in Section 3-4-1 of this Chapter. Alcoholic liquor may be sold in restaurants holding Class D licenses only during the period when their patrons are offered a complete meal. The applicant for the renewal only of such licenses may elect to pay the amount required herein semiannually or annually. Such election shall be made at the time of application. The annual single-payment fee for initial issuance or renewal of such license shall be two thousand eight hundred dollars ($2,800.00). 144 of 288 127-O-15 ~2~ The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be two thousand nine hundred forty dollars ($2,940.00). No more than fifty-one (51)fifty (50) such license(s) shall be in force at any one (1) time. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2015 Adopted: ___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 145 of 288 For City Council meeting of October 26, 2015 Item A13 Ordinance 128-O-15: Decreasing Class D Liquor License DMK Burger & Fish For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 128-O-15, Decreasing the Number of Class D Liquor Licenses for DMK Ventures – Noyes Street, LLC d/b/a DMK Burger & Fish, 815 Noyes Street Date: October 12, 2015 Recommended Action: Staff recommends City Council adoption of Ordinance 128-O-15. Summary: Ordinance 128-O-15 amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to decrease the number of authorized Class D liquor licenses from fifty (50) to forty-nine (49). DMK Ventures – Noyes Street, LLC, d/b/a DMK Burger & Fish (“Company”), 815 Noyes Street, is not renewing its liquor license. This ordinance amends the City Code to reflect the decrease in Class D liquor licenses. This Ordinance was introduced at the October 12, 2015 City Council meeting. Legislative History: N/A Alternatives: N/A ------------------------------------------------------------------------------------- Attachments: Ordinance 128-O-15 Memorandum 146 of 288 9/24/2015 128-O-15 AN ORDINANCE Amending City Code Section 3-4-6-(D) to Decrease the Number of Class D Liquor Licenses from Fifty to Forty-Nine (DMK Ventures – Noyes Street, LLC, dba “DMK Burger & Fish ”, 815 Noyes Street) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class D of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: D Restaurant Liquor None $2,800 $2,800 5049 None 11 a.m.— 1 a.m. (Mon- Thurs); 11 a.m. – 2 a.m. (Fri-Sat); 12 p.m. – 1 a.m. (Sun) SECTION 2: Subsection 3-4-6-(D) of the Evanston City Code of 2012, as amended, is hereby further amended by decreasing the number of Class D liquor licenses from fifty (50) to forty-nine (49) to read as follows: (D) CLASS D licenses, which shall authorize the retail sale in restaurants only of alcoholic liquor for consumption on the premises where sold. No such license may be granted to or retained by an establishment in which the facilities for food preparation and service are not primarily those of a "restaurant", as defined in Section 3-4-1 of this Chapter. Alcoholic liquor may be sold in restaurants holding Class D licenses only during the period when their patrons are offered a complete meal. The applicant for the renewal only of such licenses may elect to pay the amount required herein semiannually or annually. Such election shall be made at the time of application. The annual single-payment fee for initial issuance or renewal of such license shall be two thousand eight hundred dollars ($2,800.00). 147 of 288 128-O-15 ~2~ The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be two thousand nine hundred forty dollars ($2,940.00). No more than fifty (50)forty-nine (49) such license(s) shall be in force at any one (1) time. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2015 Adopted: ___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 148 of 288 PLANNING & DEVELOPMENT COMMITTEE MEETING Monday, October 26, 2015 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 HOLMES, CHAIR II. APPROVAL OF REGULAR MEETING MINUTES OF OCTOBER 12, 2015 III. ITEMS FOR CONSIDERATION (P1) Ordinance 132-O-15, Granting a Special Use for an Educational Institution, Beacon Academy, at 1560 Sherman Avenue The Zoning Board of Appeals and City staff recommend adoption of Ordinance 132- O-15 granting a special use permit for an Educational Institution - Private, Beacon Academy, in the D3 Downtown Core Development District. The applicant has complied with all zoning requirements, and meets all of the standards for a special use for this district. Suspension of the Rules is requested for Introduction and Action on October 26, 2016. For Introduction and Action (P2) Ordinance 135-O-15 Granting Major Zoning Relief for Parking at 309-323 Howard Street The Zoning Board of Appeals and City staff recommend approval of Ordinance 135- O-15 granting major zoning relief for zero parking spaces where twelve parking spaces are required for the conversion of second floor office space into nine dwelling units at 309-323 Howard Street. The applicant has complied with all other zoning requirements, and meets the standards for variations. For Introduction (P3) Ordinance 133-O-15, Granting a Special Use for a Type 2 Restaurant, Harold’s Chicken & Fish, at 337 Howard Street The Zoning Board of Appeals and City staff recommend adoption of Ordinance 133- O-15 granting a special use permit for Type 2 Restaurant, Harold’s Chicken & Fish, in the B3 Business District. The applicant has complied with all zoning requirements, and meets all of the standards for a special use for this district. For Introduction 149 of 288 Planning & Development Committee Meeting Agenda Page 2 of 2 October 26, 2015 (P4) Ordinance 134-O-15 Granting Major Zoning Relief for One Open Parking Space at 839 Hartrey Avenue The Zoning Board of Appeals and City staff recommend denial of Ordinance 134-O- 15 granting major zoning relief for one open parking space in the front yard with street access where alley access is present. 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 compliant alley access and parking spaces. For Introduction (P5) Ordinance 60-O-15, Amendments to the Inclusionary Housing Ordinance Staff recommends City Council adoption of Ordinance 60-O-15, Amendments to the Inclusionary Housing Ordinance (IHO). The Ordinance covers all new developments with five or more units within Transit Oriented Development (TOD) areas and ten or more units outside of TOD areas. It applies to for sale and rental developments, and condo conversions, and requires a minimum 10% of affordable units on site, or a fee in lieu of $100,000 per unit if the development is within a TOD area or $75,000 per unit if outside of a TOD area. If the affordable units are provided on site, the developer would be entitled to density bonuses and reduction in parking requirements. At the June 8, 2015 Planning and Development Committee meeting, the Committee directed staff to organize a community meeting to gather feedback from all stakeholders. A community meeting was held on June 29, 2015 for this purpose For Introduction IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT 150 of 288 Planning & Development Committee Meeting Minutes of October 12, 2015 7:15 p.m. Council Chambers - Lorraine H. Morton Civic Center MEMBERS PRESENT: J. Grover, J. Fiske, D. Holmes, A. Rainey, M. Tendam, D. Wilson, M. Wynne STAFF PRESENT: D. Latinovic, M. Masoncup, O. Murillo, B. Newman PRESIDING OFFICIAL: Ald. Holmes I. DECLARATION OF QUORUM A quorum being present, Chair Holmes called the meeting to order at 7:19 p.m. II. APPROVAL OF REGULAR MEETING MINUTES OF SEPTEMBER 15, 2015 Ald. Rainey moved to approve the minutes of the September 15, 2015 meeting, seconded by Ald. Tendam. The Committee voted unanimously 7-0 to approve the September 15, 2015 minutes. III. ITEMS FOR CONSIDERATION Ordinance 120-O-15, Zoning Ordinance Text Amendment for Payday Loan Establishments The Plan Commission and staff recommend City Council adoption of Ordinance 120- O-15, a Zoning Ordinance Text Amendment to clarify the existing distance requirement between Payday Loan and Consumer Loan Establishments. The proposed amendment will make it easier for potential businesses to learn about the distance requirement at the same time they find out in which district the use is allowed, which currently is only the C2 Commercial District. For Introduction Ald. Wilson moved approval, seconded by Ald. Grover. The Committee voted unanimously 7-0 to introduce Ordinance 120-O-15. (P2) Ordinance 121-O-15 Zoning Ordinance Text Amendment Regarding Height Requirements for Planned Developments in the D3-Downtown Core Development District The Plan Commission and staff recommend City Council adoption of Ordinance 121- O-15, a Zoning Ordinance Text Amendment to specify that, for planned developments in the D3 District, the height of up to four (4) stories (or 40 feet, whichever is less) of parking levels may be excluded from the calculation of building height to match the current regulations in other downtown zoning districts. For Introduction Ald. Wynne moved to introduce Ordinance 121-O-15, seconded by Ald. Grover. DRAFT – NOT APPROVED 151 of 288 Planning & Development Committee Meeting Page 2 of 2 Minutes of October 12, 2015 Damir Latinovic, Planning & Zoning Administrator, presented: • The underlying zoning of D3 allows for up to four levels of parking or 40 feet, whichever is less to be excluded from the overall building height calculation. • However, this exception doesn’t apply to Planned Developments in D3, but it does apply to Planned Developments in all other D districts. • As such, the Code allows taller buildings on the periphery of the downtown (D4- Downtown Transition district) than in the center of the D3-Downtown Core • The proposed amendment would add the same exception to Planned Developments in the D3 district. • The proposed amendment would make the ordinance more consistent and equitable Ald. Fiske said the wedding cake concept was not received well during the Downtown Plan adoption process. She said 708 Church is a controversial site and the D3 area weaves around the Downtown. She said she is not in support of the amendment. The Committee voted 6-1 to introduce Ordinance 121-O-15. (P3) Ordinance 131-O-15, Granting an Extension to a Special Use for a Single Family Detached Dwelling at 1513 Greenleaf Street City staff recommends adoption of Ordinance 131-O-15 to extend the time to begin renovation for a single family detached dwelling originally approved in November 2014. Ordinance 131-O-15 grants approval to obtain a building permit and begin construction by June 24, 2016. For Introduction Ald. Fiske moved to introduce Ordinance 131-O-15, seconded by Ald. Grover. Ald. Braithwaite said, on behalf of the resident, that more time is needed due to personal reasons and the neighbors had voiced no objections. He requested that the rules be suspended to vote on the same night. Ald. Rainey moved to suspend the rules, seconded by Ald. Wilson. The Committee voted unanimously 7-0 to suspend the rules and recommend action on Ordinance 131-O-15. IV. ITEMS FOR DISCUSSION There were no items for discussion. V. COMMUNICATIONS There were no communications. VI. ADJOURNMENT Ald. Wynne moved to adjourn, seconded by Ald. Grover. The Committee voted unanimously 6-0 to adjourn. The meeting was adjourned at 7:27 p.m. Respectfully submitted, Bobbie Newman 152 of 288 For City Council meeting of October 26, 2015 Item P1 Ordinance 132-O-15: Special Use for an Educational Institution, Beacon Academy, at 1560 Sherman 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 132-O-15, Granting a Special Use for an Educational Institution - Private, Beacon Academy, at 1560 Sherman Avenue Date: October 15, 2015 Recommended Action The Zoning Board of Appeals and City staff recommend adoption of Ordinance 132-O- 15 granting a special use permit for an Educational Institution - Private, Beacon Academy, in the D3 Downtown Core Development District. The applicant has complied with all zoning requirements, and meets all of the standards for a special use for this district. The applicant has requested a suspension of the rules to obtain an introduction and action vote concurrently. Summary The proposed space is located on the first and second floors of the One Rotary Center building that was previously occupied by Pivot Point Academy, a vocational training school. The applicant proposes to operate Beacon Academy, an Educational Institution - Private. Beacon Academy obtained special use approval for its current location at 622 Davis Street in October of 2013, but expects to outgrow the space by the 2016-17 school year when the school reaches full capacity with four grade levels totaling 180- 200 students and 40-50 employees. After transitioning the students into the new space at 1560 Sherman Avenue, the 622 Davis Street location will either be used for Beacon Academy offices or subleased to a different user. The proposed space at 1560 Sherman Avenue is 21,000 square feet in size, which is approximately twice the size of the school’s current space on Davis Street. Most classes will occur at 1560 Sherman Avenue, but approximately 25% of the program will continue to occur at other locations such as the Evanston Public Library, Noyes Cultural Memorandum 153 of 288 Arts Center, Piven Theater, and the YMCA. The hours of operation are generally 7:30am – 6pm, with school dismissal at 3:15pm each day August through June. Approximately 50% of the current student population is from Evanston, and approximately 80% of students take public transportation to the school. Students that drive, as well as staff, park off-street in parking garages. The school features an open- campus policy for lunch and does not provide a catered lunch option, so students regularly frequent downtown restaurants. Bus pickup/drop-off for special events will occur on Grove Street, and deliveries will occur via the existing building loading dock. The applicant does not intend to make any exterior modifications to the building other than signage, and agrees to the continuation of all applicable conditions listed in Ordinance 112-O-13 from the previous special use approval for 622 Davis Street location. City staff has not received any objections to the proposed use from neighboring property owners, and has not received any complaints for the current Beacon Academy location. Neighborhood Benefit The use will not cause a negative effect on the surrounding area. At full capacity, the school will bring approximately 250 people to the downtown who will also utilize other businesses in the area. Comprehensive Plan The Evanston Comprehensive General Plan supports uses in existing commercial corridors that encourage foot traffic. The proposed use is an adaptive reuse of a currently vacant space. The Comprehensive General Plan specifically includes: Objective: Promote the growth and redevelopment of business, commercial, and industrial areas. Objective: Recognize and support the strong role neighborhood business districts play in Evanston’s economy and City’s identity. Legislative History October 6, 2015: The ZBA recommended unanimous approval of the special use for an Educational Institution – Private with the following conditions: 1. The Applicant shall obtain and keep current a parking permit for a space in either the Sherman Plaza or Church Street garage for each employee who drives to work. 2. The applicant shall require every driver making a delivery to the facility to do so in a way to not cause congestion on Sherman Avenue. 3. The applicant shall not permit passenger loading and/or unloading that unduly hinders the flow of traffic on Sherman Avenue. 4. Litter Collection & Garbage Pickup Plans 5. Substantial compliance with the documents and testimony on record Attachments Proposed Ordinance 132-O-15 October 6, 2015 ZBA Draft Meeting Minutes 154 of 288 ZBA Findings October 6, 2015 ZBA Packet – http://www.cityofevanston.org/assets/ZBA-packet-20151006.pdf 155 of 288 10/12/2015 132-O-15 AN ORDINANCE Granting a Special Use Permit for a Private Educational Institution Located at 1560 Sherman Avenue in the D3 Downtown Core District (“Beacon Academy”) WHEREAS, the Zoning Board of Appeals (“ZBA”) met on October 6, 2015, pursuant to proper notice, to consider case no. 15ZMJV-0075, an application filed by Jeff Bell (the “Applicant”), potential lessee of the property legally described in Exhibit A (the “Subject Property”), attached hereto and incorporated herein by reference, commonly known as 1560 Sherman Avenue and located in the D3 Downtown Core Zoning District, for a Special Use Permit to establish, pursuant to Subsection 6-11-4-3 of Title 6 of the Evanston City Code, 2012, as amended (“the Zoning Ordinance”), a Private Educational Institution 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 Private Educational Institution 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 October 26, 2015, 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. 15ZMJV-0075; and 156 of 288 132-O-15 ~2~ WHEREAS, at its meeting of October 26, 2015 the City Council considered and adopted the respective records, findings, and recommendations of the ZBA and 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 approves the Special Use Permit for a Private Educational Institution on the Subject Property as applied for in case no. 15ZMJV-0075. 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. Employee Parking: The Applicant shall obtain and keep current a parking permit, for a space in either the Sherman Plaza or Church Street garage, for each employee who drives to work at the Special Use authorized hereby. C. Alley Deliveries: The Applicant shall require every driver making a delivery to the Private Educational Institution authorized by this ordinance to do so in a way not to cause congestion on Sherman Avenue. D. Passenger Loading/Unloading: The Applicant shall not permit passenger loading and/or unloading that, in the City’s sole determination, unduly hinders the flow of traffic on Sherman Avenue. 157 of 288 132-O-15 ~3~ E. 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 and provide the City with proof of such recordation. F. Litter Collection Plan: The Applicant shall implement and adhere to a Litter Collection Plan that requires the policing of an area located within a radius of two hundred fifty feet (250’) of the Subject Property. The Applicant shall police this area at least once every three (3) hours during the hours the Special Use is in operation and shall keep it free of all litter, from any source. For the purpose of this ordinance, “litter” shall include, but is not limited to: food, food waste, and beverages; solid waste, including paper, wrappings, containers, cardboard, napkins, straws, utensils, plates, cans, glass, crockery, cigarette butts, ashes and similar materials; animal waste and dead animals; yard clippings and leaves; and all other waste materials which, if thrown or deposited as herein prohibited, may create a danger to public health, safety, or welfare. G. Litter Pick-Up Plan: The Applicant and/or the owner of the Subject Property shall provide and maintain, on the Subject Property, exterior litter receptacles, in sufficient number and type, and with collections therefrom of sufficient number and frequency, in the City’s judgment, to contain, with lids tightly shut, all litter emanating from operation of the Special Use authorized hereby. Litter shall be collected no less than three (3) times per week, including collections on Sundays as necessary, in the City’s judgment, to comply with this condition. All litter receptacles shall be maintained in a clean condition with tight-fitting lids, and shall be placed on Code-compliant surfaces. The owner of the Subject Property shall provide adequate space at the rear of and on the Subject Property to accommodate the litter receptacles and collections required. Within seven (7) days of written notice from the City to do so, the Applicant and/or the owner of the Subject Property shall modify the number of litter receptacles and/or the number of collections therefrom, as directed by the City. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: 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.” 158 of 288 132-O-15 ~4~ 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: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 8: 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:_________________, 2015 Adopted:___________________, 2015 Approved: __________________________, 2015 ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 159 of 288 132-O-15 ~5~ EXHIBIT A Legal Description PARCEL 1: LOTS 8, 9, 10 AND 11 IN P. JUDSON’S SUBDIVISION OF LOT 1 IN LANGWORTHY’S SUBDIVISION OF BLOCK 64 IN EVANSTON IN THE SOUTHWEST ¼ OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 2: ALL OF LOTS 9, 10, AND 11 AND THAT PART OF LOTS 7, 8 AND THE VACATED ALLEY LYING SOUTH AND ADJOINING SAID LOT 7 AND NORTH AND ADJOINING SAID LOTS 8 AND 9 ALL IN LANGWORTHY’S SUBDIVISION IN BLOCK 64 IN EVANSTON LYING EAST OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 8 AFORESAID; THENCE NORTH 89 DEGREES 56 MINUTES 20 SECONDS WEST ALONG THE SOUTH LINE OF SAID LOT 8, 7.13 FEET TO THE PLACE OF BEGINNING OF THAT HEREIN DESCRIBED LINE; THENCE NORTH 20 DEGREES 32 MINUTES 30 SECONDS WEST TO THE NORTH LINE OF LOT 7 IN LANGWORTHY’S SUBDIVISION, AFORESAID, ALL IN THE SOUTHWEST ¼ OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN(s): 11-18-311-009, 11-18-311-010, 11-18-311-017, 11-18-311-018, 11-18-311-022, 11-18-311-024, 11-18-311-030, 11-18-311-033, 11-18-311-034, 11-18-311-035 Commonly Known As: 1560 Sherman Avenue, Evanston, Illinois. 160 of 288 Page 1 of 6 Zoning Board of Appeals DRAFT NOT APPROVED MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, October 6, 2015 7:00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Matt Rodgers, Myrna Arevalo, Mary Beth Berns, Scott Gingold, Mary McAuley, Andrew Gallimore, Violetta Cullen Members Absent: Staff Present: Melissa Klotz Chair: Matt Rodgers Declaration of Quorum With a quorum present, Chair Rodgers called the meeting to order at 7:00 pm. Approval of Minutes The minutes from the September 1, 2015 Zoning Board of Appeals meeting were motioned for approval by Ms. Arevalo and seconded by Ms. McAuley. The motion was approved 5-0 with 2 abstentions. New Business 1560 Sherman Avenue ZBA 15ZMJV-0075 Jeff Bell, potential lessee, applies for a special use permit for an Educational Institution – Private, Beacon Academy a Montessori High School, at 1560 Sherman Avenue. 1560 Sherman Avenue is located in the D3 Downtown Core Development District, which requires a special use permit for an Educational Institution – Private to operate (Zoning Code Section 6-11-4-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into the record. Steve Freidland, attorney, and Jeff Bell, head of school, explained the proposal:  Current location opened fall 2014 at 622 Davis Street with 40 students – mostly freshmen  This year the school has 80 students – freshmen and sophomores  New location will have up to 200 students total  New location was previously Pivot Point Academy vocational school  80% of current students use public transportation  School has partnerships with YMCA, Piven Theater, Arts Center, Northwestern, etc. for classes  Open campus for lunch so students often patronize downtown restaurants  Students and faculty that drive currently park in Sherman Plaza parking garage  Anticipate 40-50 employees when at full capacity  Most employees take public transportation  School hours are 7:30am – 5:30pm plus a few special events/programs per year  New location has 20 year lease; current location has 3 years left on lease – location will either be subleased or used for offices for the school  Occasional bus loading for school trips will occur off of Grove by the YMCA  Ok with all conditions noted in existing special use ordinance Ms. Klotz noted there have not been any complaints or zoning violations for the current location. 161 of 288 Page 2 of 6 Zoning Board of Appeals The ZBA entered into deliberations. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Mr. Gingold motioned for approval of the proposal with the following conditions: 1. The Applicant shall obtain and keep current a parking permit for a space in either the Sherman Plaza or Church Street garage for each employee who drives to work. 2. The applicant shall require every driver making a delivery to the facility to do so in a way to not cause congestion on Sherman Avenue. 3. The applicant shall not permit passenger loading and/or unloading that unduly hinders the flow of traffic on Sherman Avenue. 4. Litter Collection & Garbage Pickup Plans 5. Substantial compliance with the documents and testimony on record The motion was seconded by Ms. Cullen. The motion was unanimously approved. 337 Howard Street ZBA 15ZMJV-0078 Kevin Johnson, lessee, applies for a special use permit for a Type 2 Restaurant, Harold’s Chicken & Fish, at 337 Howard Street. 337 Howard Street is located in the B3 Business District, which requires a special use permit for a Type 2 Restaurant to operate (Zoning Code Section 6-9-4-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into the record. Blake Craft, representative for applicant, explained the proposal:  Chicago-based chain restaurant. Operator currently runs location at 804 W. Washington in Chicago.  5 year lease on space  6-8 employees per shift  Anticipate most employees will use public transportation, but any that drive, as well as any delivery vehicles, will park in Lot 53 on Chicago Avenue.  Hours of operation 10am-10pm Sunday – Thursday and 10am – midnight Friday – Saturday Ms. Klotz explained 337 Howard Street was previously approved for a Harold’s Chicken under a different unrelated applicant, but that special use permit expired on January 27, 2015. Mr. Craft continued:  Delivery vehicles will park in the alley if approved by the City and as discussed at DAPR  Anticipate 100 customers per day during the week and 150 customers per day on weekends  Most customers will come during the dinner rush  Current location in Chicago is 40% delivery and uses 3 delivery drivers 162 of 288 Page 3 of 6 Zoning Board of Appeals  Plan to use 2-3 delivery drivers at this location  Grease pickup is likely every 3 weeks but depends on the demand, and will occur overnight via the alley  Most of interior build-out is already in place, but will add a fridge, freezer, and fryers.  Deliveries to the restaurant will occur 1-2 times per day before 10am via small semi- trucks  Ok with Litter Collection and Garbage Pickup Plans Ms. Cullen explained that cabs say they “claim” the street parking spaces in front of the building (which are taxicab only parking spaces), and if/when regular vehicles pull into those spaces, the cab drivers get out of their vehicles and confront the parkers. Ms. Cullen fears confrontations will occur between customers trying to park in the cab spaces. Chair Rodgers noted the Alderman may be able to encourage a stronger police presence in the area to address this issue. Mr. Craft explained he was considering hiring a security officer for the evening hours to encourage a safe environment for customers, and the security officer could monitor the cab parking area to ensure customers do not park there. A condition requiring a security officer from 5pm – close each day would be acceptable. Ms. Klotz explained there is no on-street parking in the area available for customer use; there is no other location available to relocate the cab parking to, and the City does not want to set the precedent of reserving on-street parking for a specific business. The ZBA entered into Deliberations. Mr. Gingold noted the previous special use ordinance allowed hours of operation until 10pm only, not midnight on weekends, and asked if any ZBA members had concerns about this. No ZBA member had a concern over the extension to midnight on weekends, especially since a security guard would be present. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Mr. Gingold motioned to approve the proposal with the following conditions: 1. Litter Collection/Garbage Pickup Plan 2. Hours of operation Sunday – Thursday 10am-10pm and Friday – Saturday 10am – midnight 3. Applicant shall provide off-street parking for all employees that drive to work. 4. Substantial Compliance with the documents and testimony on record. The motion was seconded by Ms. Arevalo. The motion was unanimously approved. 839 Hartrey Avenue ZBA 15ZMJV-0077 163 of 288 Page 4 of 6 Zoning Board of Appeals Juan Montoya, contractor, applies for major zoning relief to establish one open parking space in the front yard with street access in the R2 Single Family Residential District. The applicant requests an open parking space that is not within 30’ of the rear property line where open parking is only permitted within 30’ of the rear property line (Zoning Code Section 6-4-6-3-B-18), open parking in the front yard where open parking in the front yard where open parking is prohibited (Zoning Code Section 6-8-3-7-A-1), open parking in front of the principal structure where open parking is prohibited (Zoning Code Section 6-16-2-1-C-1), and access to on-site parking via the street where street access is prohibited when alley access is present (Zoning Code Section 6-8-3-11). 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. Oralia Martinez, daughter of property owners, explained the proposal:  Alley is never plowed in the winter  Patrons and/or employees of the daycare at Main/Hartrey use up the street parking, especially on street sweeping days when other streets have restricted parking.  7 other properties on the block have alley access and a driveway off of the street  Father is 84 and drives nearly every day to get groceries  Father purchased the property last December. Ms. McAuley asked if it would be possible for family members to help Ms. Martinez’s father on grocery shopping days so that he does not have to walk from the rear of the property with groceries. Ms. Martinez explained there are no family members available to help during the daytime when he does his shopping. Ms. McAuley explained there are many senior services in Evanston that may be able to help with situations like these. Ms. Berns asked if any neighbors could help out or plow the alley in the winter, and Ms. Martinez explained the neighbors do not plow the alley, but many of the neighbors are aware of the proposal and have no objection. Ms. Klotz added multiple neighbors have called to inquire about the request, but none were specifically in favor of or opposed to the proposal. The ZBA entered into Deliberations: Mr. Gingold noted City staff and the DAPR committee recommended denial of the proposal, and explained he does not support the request since the hardship is specific to the property owner, not the property itself, and the owner only recently purchased the property. Ms. Berns agreed. The Standards were addressed: 1. No 2. Yes 3. No – the hardship is peculiar to the applicant, not the property. 4. No 5. Yes 6. No 7. No Chair Rodgers noted the ZBA could recommend that if City Council chooses to approve the proposal, the parking space and driveway be removed when the property changes ownership. Mr. Gingold motioned to recommend denial of the proposal. The motion was seconded by Ms. McAuley and unanimously approved. 309-323 Howard Street ZBA 15ZMJV-0077 164 of 288 Page 5 of 6 Zoning Board of Appeals Ted Hortis, property owner, applies for major zoning relief to convert second floor office space into 9 residential dwelling units in the B3 Business District. The applicant requests 0 parking spaces where 12 parking spaces are required (Zoning Code Section 6-16-2-1-C). 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. Ted Hortis, property owner, and Kirk Alexakos, architect, explained the proposal:  First floor will remain commercial  Convert long time vacant office space on second floor into 9 dwelling units  Purchased property in June 2015  Completely landlocked building with no way to add parking  No affordable units proposed – all will be higher-end market rate Ms. Berns asked what the parking requirement would be for the office space if the building were newly constructed, and Ms. Klotz explained the requirement is 1 parking space for every 500 sq ft of office space, so the requirement would be roughly the same as the parking requirement for the dwelling units. Ms. McAuley asked if the applicant has done residential conversions at any other buildings, and what price range the units will be marketed at. The applicant responded that he has done other conversions in Chicago and Morton Grove, and rent rates are not locked in yet but will be higher-end market rate and are anticipated at: Studio - $1,000 - 1,200 1 Bedroom – 1,500 - 1,600 2 Bedroom – 1,700 – 1,800 Ms. Berns asked if a public benefit will be provided, and the applicant explained there are public benefits:  Will bring in good residents who will then patronize the local businesses  Adaptive reuse of currently vacant space  Exterior remodeling will improve the look of the building and its unique terra cotta historic façade Ms. Cullen asked if any units will be accessible, and the applicant responded that at least one unit will be ADA accessible, and the other units will be adaptable. It is unclear if an elevator will be required but hopefully not – that would stop the project since retrofitting an old building for an elevator is so expensive. Mr. Gingold asked what tenants will be told about parking and what guests will do for parking, and the applicant explained residents will be expected to commute by public transportation since there is no on-site parking. Guests that drive have multiple surface lots, street parking, and garages within the area. Ms. Berns asked where move-in trucks will park, and the applicant responded that move-in trucks will utilize the alley. There are three separate entrances/exits off of the alley that will accommodate moving furniture. The ZBA entered into Deliberations: Ms. McAuley noted the proposal is a transit oriented development since it is right next to a transportation superhub. The proposal is a vast improvement to the currently underutilized, partially vacant building with a dilapidated façade. More residential units means more people, which will benefit the entire area. 165 of 288 Page 6 of 6 Zoning Board of Appeals Ms. Cullen explained her concern is that there isn’t even one parking space for temporary parking. Mr. Gingold agreed, but noted that is the status quo in that area and was like that for the office space as well. Mr. Gingold added that it would be nice to have accessibility to the second floor with an elevator. Ms. McAuley agreed that it would be nice, but adding elevators in adaptive reuse buildings can make or break a development project due to the extensive cost. Ms. Berns noted an affordable unit in a TOD would be a great public benefit. Chair Rodgers responded that the 8th Ward already has many affordable units, and the large development at 415 Howard was not required to have any affordable units. Ms. McAuley explained there is a huge public benefit in providing a 24-hour presence in the area and by reusing the building. In the past, the City bought properties like this and sold them under value to encourage redevelopment. Mr. Gingold said accessible units should be encouraged in rental properties. Ms. Arevalo asked if a ground-floor commercial space could be converted to an accessible residential unit, and Ms. Klotz explained that there has been some discussion about adding a live-work on the ground floor that could be accessible. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes…No – Mr. Gingold & Ms. Cullen, because there is no public benefit unless an elevator is provided. 6. Yes 7. Yes Ms. Berns said she hopes bicycle facilities are provided give the TOD nature. Ms. McAuley motioned to recommend approval of the variance. The motion was seconded by Mr. Gallimore and approved 5-2 with the condition the project is within substantial compliance of the documents and testimony on record. Ms. Klotz let the Board know that the October 20, 2015 ZBA hearing is cancelled due to a lack of items. The next ZBA hearing is November 3, 2015. The meeting was adjourned at 8:50p.m. 166 of 288 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 October 6, 2015, the Zoning Board of Appeals makes the following findings of fact, reflected in the audio-visual recording of the hearings, based upon the standards for special uses specified in Section 6-3-5-10 of the Zoning Ordinance: Standard Finding (A) It is one of the special uses specifically listed in the zoning ordinance; ___X__Met _____Not Met Vote 7-0 (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 7-0 (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 7-0 (D) It does not interfere with or diminish the value of property in the neighborhood; ___X___Met _____Not Met Vote 7-0 Case Number: 15ZMJV-0075 Address or Location: 1560 Sherman Avenue Applicant: Jeff Bell Proposed Special Use: Educational Institution – Private, Beacon Academy 167 of 288 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 7-0 (F) It does not cause undue traffic congestion; ___X___Met _____Not Met Vote 7-0 (G) It preserves significant historical and architectural resources; ___X___Met _____Not Met Vote 7-0 (H) It preserves significant natural and environmental features; and ___X___Met _____Not Met Vote 7-0 (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 7-0 and, based upon these findings, and upon a vote __7__ in favor & __0__ against Recommends to the City Council _____ approval without conditions _____ denial of the proposed special use __x__ approval with conditions specifically: 1. Applicant shall obtain and keep current a parking permit for a space in either the Sherman Plaza or Church Street garage for each employee who drives to work. 2. The applicant shall require every driver making a delivery to the facility to do so in a way to not cause congestion on Sherman Avenue. 3. The applicant shall not permit passenger loading and/or unloading that unduly hinders the flow of traffic on Sherman Avenue. 4. Litter Collection & Garbage Pickup Plans 5. Substantial compliance with the documents and testimony on record. Attending: Vote: Aye No ___X__ Mary Beth Berns __X__ ____ ___X___ Myrna Arevalo __X__ ____ 168 of 288 P LANNING AND Z ONING D IVISION 847-448-8230  zoning@cityofevanston.org Community Development Department  www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3202 Evanston, IL 60201 ___X___ Scott Gingold __X__ ____ ___X___ Matt Rodgers __X__ ____ ___X___ Violetta Cullen __X__ ____ ___X___ Andrew Gallimore __X__ ____ ___X___ Mary McAuley __X__ ____ 169 of 288 For City Council meeting of October 26, 2015 Item P2 Ordinance 135-O-15: Major Zoning Relief for Parking at 309-323 Howard Street For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Damir Latinovic, Planning and Zoning Administrator Melissa Klotz, Zoning Planner Subject: Ordinance 135-O-15 Granting Major Zoning Relief for Parking at 309-323 Howard Street Date: October 15, 2015 Recommended Action The Zoning Board of Appeals and City staff recommend approval of Ordinance 135-O-15 granting major zoning relief for zero parking spaces where twelve parking spaces are required for the conversion of second floor office space into nine dwelling units at 309-323 Howard Street. The applicant has complied with all other zoning requirements, and meets the standards for variations. Summary The two-story, mixed-use building at 309-323 Howard Street was constructed in the 1920s. The first floor features a myriad of commercial uses while the second floor currently features vacant office space. The applicant proposes to remodel the existing building and convert the second story office space into nine dwelling units. The applicant believes there is no market for second floor office space in this area, but there is a demand for market-rate apartments. The applicant is proposing to construct three 2-bedroom units, two 1-bedroom units, and four studio apartments. Since the existing building covers the entire property, and there is no opportunity for enclosed or underground parking, the applicant is requesting a variation for zero parking spaces where 12 parking spaces are required by Code. There are no parking spaces for the existing ground-floor commercial uses, nor was there ever any parking for the second floor office space. The property is located in a transit oriented area that includes a pedestrian-friendly commercial district, three CTA train lines (Red, Purple and Yellow) at the Howard Street CTA Station, one PACE bus route, and seven CTA bus routes. Permit parking is available Memorandum 170 of 288 in the City Lot 53 on Chicago Avenue to the west, and in the Howard Street CTA Station to the east. The applicant also intends to remodel the exterior of the building restoring the historic terra cotta façade. Once renovated, the property may be eligible to obtain Local Historic Landmark status. The proposed conversion from underutilized office space to nine residential dwelling units, along with extensive exterior renovation, will revitalize the property which will in turn enhance the Howard Street commercial corridor by increasing the pedestrian activity and further supporting the use of public transit. City staff is not aware of any objections from neighboring property owners. Legislative History October 6, 2015: The Zoning Board of Appeals recommended approval of the major zoning relief by a vote of 5-2 to provide zero parking spaces where twelve parking spaces are required for the conversion of second floor office space to nine residential dwelling units. Attachments Proposed Ordinance 135-O-15 October 6, 2015 Draft ZBA Meeting Minutes ZBA Findings October 6, 2015 ZBA Packet: http://www.cityofevanston.org/assets/ZBA-packet-20151006.pdf 171 of 288 10/12/2015 135-O-15 AN ORDINANCE Granting a Major Variation Related to 309-323 Howard Street in the B3 Business District WHEREAS, Ted Hortis (the “Applicant”), Property Owner of the property commonly known as 309-323 Howard Street (the “Subject Property”), located within the B3 Business Zoning District and legally described in Exhibit A, attached hereto and incorporated herein by reference, submitted an application seeking approval of Major Variation to zoning requirements imposed by Subsection 6-16-2-1(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 zero (0) parking spaces where twelve (12) parking spaces are required; and WHEREAS, on October 6, 2015, the Zoning Board of Appeals (“ZBA”), pursuant to proper notice, held a public hearing in case no. 15ZMJV-0082 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- (E) of the Zoning Ordinance and recommended approval by the City Council; and WHEREAS, at its meeting of October 26, 2015, the Planning and Development (“P&D”) Committee of the City Council considered and accepted the ZBA’s recommendation, and recommended City Council approve the Major Variation, as requested; and 172 of 288 135-O-15 ~2~ WHEREAS, at its meetings of October 26, 2015 and November 9, 2015, 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-0082 and described hereinabove. SECTION 3: The Major Variation approved hereby is as follows: (A) Approval to allow zero (0) parking spaces. Subsection 6-16-2-1(C) requires twelve (12) parking spaces on the Subject Property. SECTION 4: Pursuant to Subsection 6-3-8-14 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Major 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. 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.” 173 of 288 135-O-15 ~3~ 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. Introduced:_________________, 2015 Adopted:___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor 174 of 288 135-O-15 ~4~ Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 175 of 288 135-O-15 ~5~ EXHIBIT A Legal Description That part of the South 6.25 Chains of the Northeast ¼ of Section 30, Township 41 North, Range 14, East of the Third Principal Meridian described as follows: beginning on a line parallel with and 33.00 feet North of (measured at right angles to) South Line of said Northeast ¼ at a point 550.87 feet East of (measured along said parallel line) the Easterly Line of Chicago Avenue (formerly Clark Street) thence North at right angles t o said parallel line, 85.00 feet; thence East parallel with the South Line of the Northeast ¼ 71.57 feet more or less to the Westerly Line of the right of way of the Chicago Milwaukee and St. Paul Railroad at a point 118.00 feet North of (measured at right angles to) the South Line of said Northeast ¼; thence Southeasterly along the Westerly Line of said right of way 115.81 feet more or less to a point 33.00 feet North of (measured at right angles to) the South Line of said Northeast ¼; thence West 149.46 feet more or less to place of beginning, in Cook County, Illinois. PIN(S): 11-30-213-020-0000 Commonly Known As: 309-323 Howard Street, Evanston, Illinois. 176 of 288 Page 1 of 6 Zoning Board of Appeals DRAFT NOT APPROVED MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, October 6, 2015 7:00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Matt Rodgers, Myrna Arevalo, Mary Beth Berns, Scott Gingold, Mary McAuley, Andrew Gallimore, Violetta Cullen Members Absent: Staff Present: Melissa Klotz Chair: Matt Rodgers Declaration of Quorum With a quorum present, Chair Rodgers called the meeting to order at 7:00 pm. Approval of Minutes The minutes from the September 1, 2015 Zoning Board of Appeals meeting were motioned for approval by Ms. Arevalo and seconded by Ms. McAuley. The motion was approved 5-0 with 2 abstentions. New Business 1560 Sherman Avenue ZBA 15ZMJV-0075 Jeff Bell, potential lessee, applies for a special use permit for an Educational Institution – Private, Beacon Academy a Montessori High School, at 1560 Sherman Avenue. 1560 Sherman Avenue is located in the D3 Downtown Core Development District, which requires a special use permit for an Educational Institution – Private to operate (Zoning Code Section 6-11-4-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into the record. Steve Freidland, attorney, and Jeff Bell, head of school, explained the proposal:  Current location opened fall 2014 at 622 Davis Street with 40 students – mostly freshmen  This year the school has 80 students – freshmen and sophomores  New location will have up to 200 students total  New location was previously Pivot Point Academy vocational school  80% of current students use public transportation  School has partnerships with YMCA, Piven Theater, Arts Center, Northwestern, etc. for classes  Open campus for lunch so students often patronize downtown restaurants  Students and faculty that drive currently park in Sherman Plaza parking garage  Anticipate 40-50 employees when at full capacity  Most employees take public transportation  School hours are 7:30am – 5:30pm plus a few special events/programs per year  New location has 20 year lease; current location has 3 years left on lease – location will either be subleased or used for offices for the school  Occasional bus loading for school trips will occur off of Grove by the YMCA  Ok with all conditions noted in existing special use ordinance Ms. Klotz noted there have not been any complaints or zoning violations for the current location. 177 of 288 Page 2 of 6 Zoning Board of Appeals The ZBA entered into deliberations. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Mr. Gingold motioned for approval of the proposal with the following conditions: 1. The Applicant shall obtain and keep current a parking permit for a space in either the Sherman Plaza or Church Street garage for each employee who drives to work. 2. The applicant shall require every driver making a delivery to the facility to do so in a way to not cause congestion on Sherman Avenue. 3. The applicant shall not permit passenger loading and/or unloading that unduly hinders the flow of traffic on Sherman Avenue. 4. Litter Collection & Garbage Pickup Plans 5. Substantial compliance with the documents and testimony on record The motion was seconded by Ms. Cullen. The motion was unanimously approved. 337 Howard Street ZBA 15ZMJV-0078 Kevin Johnson, lessee, applies for a special use permit for a Type 2 Restaurant, Harold’s Chicken & Fish, at 337 Howard Street. 337 Howard Street is located in the B3 Business District, which requires a special use permit for a Type 2 Restaurant to operate (Zoning Code Section 6-9-4-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into the record. Blake Craft, representative for applicant, explained the proposal:  Chicago-based chain restaurant. Operator currently runs location at 804 W. Washington in Chicago.  5 year lease on space  6-8 employees per shift  Anticipate most employees will use public transportation, but any that drive, as well as any delivery vehicles, will park in Lot 53 on Chicago Avenue.  Hours of operation 10am-10pm Sunday – Thursday and 10am – midnight Friday – Saturday Ms. Klotz explained 337 Howard Street was previously approved for a Harold’s Chicken under a different unrelated applicant, but that special use permit expired on January 27, 2015. Mr. Craft continued:  Delivery vehicles will park in the alley if approved by the City and as discussed at DAPR  Anticipate 100 customers per day during the week and 150 customers per day on weekends  Most customers will come during the dinner rush  Current location in Chicago is 40% delivery and uses 3 delivery drivers 178 of 288 Page 3 of 6 Zoning Board of Appeals  Plan to use 2-3 delivery drivers at this location  Grease pickup is likely every 3 weeks but depends on the demand, and will occur overnight via the alley  Most of interior build-out is already in place, but will add a fridge, freezer, and fryers.  Deliveries to the restaurant will occur 1-2 times per day before 10am via small semi- trucks  Ok with Litter Collection and Garbage Pickup Plans Ms. Cullen explained that cabs say they “claim” the street parking spaces in front of the building (which are taxicab only parking spaces), and if/when regular vehicles pull into those spaces, the cab drivers get out of their vehicles and confront the parkers. Ms. Cullen fears confrontations will occur between customers trying to park in the cab spaces. Chair Rodgers noted the Alderman may be able to encourage a stronger police presence in the area to address this issue. Mr. Craft explained he was considering hiring a security officer for the evening hours to encourage a safe environment for customers, and the security officer could monitor the cab parking area to ensure customers do not park there. A condition requiring a security officer from 5pm – close each day would be acceptable. Ms. Klotz explained there is no on-street parking in the area available for customer use; there is no other location available to relocate the cab parking to, and the City does not want to set the precedent of reserving on-street parking for a specific business. The ZBA entered into Deliberations. Mr. Gingold noted the previous special use ordinance allowed hours of operation until 10pm only, not midnight on weekends, and asked if any ZBA members had concerns about this. No ZBA member had a concern over the extension to midnight on weekends, especially since a security guard would be present. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Mr. Gingold motioned to approve the proposal with the following conditions: 1. Litter Collection/Garbage Pickup Plan 2. Hours of operation Sunday – Thursday 10am-10pm and Friday – Saturday 10am – midnight 3. Applicant shall provide off-street parking for all employees that drive to work. 4. Substantial Compliance with the documents and testimony on record. The motion was seconded by Ms. Arevalo. The motion was unanimously approved. 839 Hartrey Avenue ZBA 15ZMJV-0077 179 of 288 Page 4 of 6 Zoning Board of Appeals Juan Montoya, contractor, applies for major zoning relief to establish one open parking space in the front yard with street access in the R2 Single Family Residential District. The applicant requests an open parking space that is not within 30’ of the rear property line where open parking is only permitted within 30’ of the rear property line (Zoning Code Section 6-4-6-3-B-18), open parking in the front yard where open parking in the front yard where open parking is prohibited (Zoning Code Section 6-8-3-7-A-1), open parking in front of the principal structure where open parking is prohibited (Zoning Code Section 6-16-2-1-C-1), and access to on-site parking via the street where street access is prohibited when alley access is present (Zoning Code Section 6-8-3-11). 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. Oralia Martinez, daughter of property owners, explained the proposal:  Alley is never plowed in the winter  Patrons and/or employees of the daycare at Main/Hartrey use up the street parking, especially on street sweeping days when other streets have restricted parking.  7 other properties on the block have alley access and a driveway off of the street  Father is 84 and drives nearly every day to get groceries  Father purchased the property last December. Ms. McAuley asked if it would be possible for family members to help Ms. Martinez’s father on grocery shopping days so that he does not have to walk from the rear of the property with groceries. Ms. Martinez explained there are no family members available to help during the daytime when he does his shopping. Ms. McAuley explained there are many senior services in Evanston that may be able to help with situations like these. Ms. Berns asked if any neighbors could help out or plow the alley in the winter, and Ms. Martinez explained the neighbors do not plow the alley, but many of the neighbors are aware of the proposal and have no objection. Ms. Klotz added multiple neighbors have called to inquire about the request, but none were specifically in favor of or opposed to the proposal. The ZBA entered into Deliberations: Mr. Gingold noted City staff and the DAPR committee recommended denial of the proposal, and explained he does not support the request since the hardship is specific to the property owner, not the property itself, and the owner only recently purchased the property. Ms. Berns agreed. The Standards were addressed: 1. No 2. Yes 3. No – the hardship is peculiar to the applicant, not the property. 4. No 5. Yes 6. No 7. No Chair Rodgers noted the ZBA could recommend that if City Council chooses to approve the proposal, the parking space and driveway be removed when the property changes ownership. Mr. Gingold motioned to recommend denial of the proposal. The motion was seconded by Ms. McAuley and unanimously approved. 309-323 Howard Street ZBA 15ZMJV-0077 180 of 288 Page 5 of 6 Zoning Board of Appeals Ted Hortis, property owner, applies for major zoning relief to convert second floor office space into 9 residential dwelling units in the B3 Business District. The applicant requests 0 parking spaces where 12 parking spaces are required (Zoning Code Section 6-16-2-1-C). 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. Ted Hortis, property owner, and Kirk Alexakos, architect, explained the proposal:  First floor will remain commercial  Convert long time vacant office space on second floor into 9 dwelling units  Purchased property in June 2015  Completely landlocked building with no way to add parking  No affordable units proposed – all will be higher-end market rate Ms. Berns asked what the parking requirement would be for the office space if the building were newly constructed, and Ms. Klotz explained the requirement is 1 parking space for every 500 sq ft of office space, so the requirement would be roughly the same as the parking requirement for the dwelling units. Ms. McAuley asked if the applicant has done residential conversions at any other buildings, and what price range the units will be marketed at. The applicant responded that he has done other conversions in Chicago and Morton Grove, and rent rates are not locked in yet but will be higher-end market rate and are anticipated at: Studio - $1,000 - 1,200 1 Bedroom – 1,500 - 1,600 2 Bedroom – 1,700 – 1,800 Ms. Berns asked if a public benefit will be provided, and the applicant explained there are public benefits:  Will bring in good residents who will then patronize the local businesses  Adaptive reuse of currently vacant space  Exterior remodeling will improve the look of the building and its unique terra cotta historic façade Ms. Cullen asked if any units will be accessible, and the applicant responded that at least one unit will be ADA accessible, and the other units will be adaptable. It is unclear if an elevator will be required but hopefully not – that would stop the project since retrofitting an old building for an elevator is so expensive. Mr. Gingold asked what tenants will be told about parking and what guests will do for parking, and the applicant explained residents will be expected to commute by public transportation since there is no on-site parking. Guests that drive have multiple surface lots, street parking, and garages within the area. Ms. Berns asked where move-in trucks will park, and the applicant responded that move-in trucks will utilize the alley. There are three separate entrances/exits off of the alley that will accommodate moving furniture. The ZBA entered into Deliberations: Ms. McAuley noted the proposal is a transit oriented development since it is right next to a transportation superhub. The proposal is a vast improvement to the currently underutilized, partially vacant building with a dilapidated façade. More residential units means more people, which will benefit the entire area. 181 of 288 Page 6 of 6 Zoning Board of Appeals Ms. Cullen explained her concern is that there isn’t even one parking space for temporary parking. Mr. Gingold agreed, but noted that is the status quo in that area and was like that for the office space as well. Mr. Gingold added that it would be nice to have accessibility to the second floor with an elevator. Ms. McAuley agreed that it would be nice, but adding elevators in adaptive reuse buildings can make or break a development project due to the extensive cost. Ms. Berns noted an affordable unit in a TOD would be a great public benefit. Chair Rodgers responded that the 8th Ward already has many affordable units, and the large development at 415 Howard was not required to have any affordable units. Ms. McAuley explained there is a huge public benefit in providing a 24-hour presence in the area and by reusing the building. In the past, the City bought properties like this and sold them under value to encourage redevelopment. Mr. Gingold said accessible units should be encouraged in rental properties. Ms. Arevalo asked if a ground-floor commercial space could be converted to an accessible residential unit, and Ms. Klotz explained that there has been some discussion about adding a live-work on the ground floor that could be accessible. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes…No – Mr. Gingold & Ms. Cullen, because there is no public benefit unless an elevator is provided. 6. Yes 7. Yes Ms. Berns said she hopes bicycle facilities are provided give the TOD nature. Ms. McAuley motioned to recommend approval of the variance. The motion was seconded by Mr. Gallimore and approved 5-2 with the condition the project is within substantial compliance of the documents and testimony on record. Ms. Klotz let the Board know that the October 20, 2015 ZBA hearing is cancelled due to a lack of items. The next ZBA hearing is November 3, 2015. The meeting was adjourned at 8:50p.m. 182 of 288 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 October 6, 2015, the Zoning Board of Appeals makes the following findings of fact, based upon the standards for major variances specified in Section 6-3-8-12 of the City Code: Standard Finding (A) The requested variation will not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties; ____X___Met _____Not Met 7-0 (B) The requested variation is in keeping with the intent of the zoning ordinance; ___X___Met _____Not Met 7-0 (C) The alleged hardship or practical difficulty is peculiar to the property; ___X____Met _____Not Met 7-0 (D) The property owner would suffer a particular hardship or practical difficulty as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out; ___X____Met _____Not Met 7-0 (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 5-2 Case Number: 15ZMJV-0082 Address or Location: 309-323 Howard Street Applicant: Ted Hortis Proposed Zoning Relief: 0 parking spaces where 12 parking spaces are required for the conversion of second-floor office space to 9 residential dwelling units 183 of 288 (F) The alleged difficulty or hardship has not been created by any person having an interest in the property; ___X___Met _____Not Met 7-0 (G) The requested variation is limited to the minimum change necessary to alleviate the particular hardship or practical difficulty which affects the property; ___X____Met _____Not Met 7-0 and, based upon these findings, and upon a vote of __5__ in favor & __2__ against recommends to the City Council __X__ approval with conditions: 1. The project must be within substantial compliance of the documents and testimony on record. ____ denial Attending: Vote (to deny): Aye No __X__ Violetta Cullen ____ _X_ __X__ Mary Beth Berns _X__ ____ __X__ Mary McAuley _X__ ____ __X__ Matt Rodgers _X__ ____ __X__ Andrew Gallimore _X__ ____ __X__ Scott Gingold ____ _X_ __X__ Myrna Arevalo _X__ ____ 184 of 288 For City Council meeting of October 26, 2015 Item P3 Ordinance 133-O-15: Special Use for a Type 2 Restaurant, Harold’s Chicken & Fish, at 337 Howard Street For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Damir Latinovic, Planning and Zoning Administrator Melissa Klotz, Zoning Planner Subject: Ordinance 133-O-15, Granting a Special Use for a Type 2 Restaurant, Harold’s Chicken & Fish, at 337 Howard Street Date: October 15, 2015 Recommended Action The Zoning Board of Appeals and City staff recommend adoption of Ordinance 133-O- 15 granting a special use permit for Type 2 Restaurant, Harold’s Chicken & Fish, in the B3 Business District. The applicant has complied with all zoning requirements, and meets all of the standards for a special use for this district. Summary The proposed restaurant is located on the first floor of a three-story mixed-use building. The commercial space received special use approval for a Type 2 Restaurant, Harold’s Chicken Shack, on January 27, 2014. Harold’s Chicken Shack was approved for a different applicant, but the restaurant never opened and the special use permit expired. The current application for Harold’s Chicken & Fish, is unrelated to the previous approval. Harold’s Chicken & Fish will operate from 10am-10pm Sunday through Thursday, and 10am-midnight on Fridays and Saturdays as a carry-out only establishment. The restaurant will employ up to 6 workers per shift. Most employees are expected to utilize public transportation, but those who drive to work are expected to park in Lot 53, which is located 500’ west on Chicago Avenue. Lot 53 currently has three permit spaces available. The restaurant will offer delivery service within a two mile radius. Delivery drivers are also proposed to utilize Lot 53. Commissary deliveries to the restaurant will occur between 8am-10am via the alley immediately west and north of the building. The applicant has agreed to follow the Litter Collection and Garbage Pickup Plans. The applicant does not intend to make any modifications to the exterior of the building other Memorandum 185 of 288 than signage and the replacement of one broken window. The interior space is already built-out for a restaurant, though some of the construction may have been done without proper building permits and may need to be upgraded or reconstructed to meet proper building and health codes. The applicant also plans to add fryers to the kitchen area. The applicant has agreed to staff a security guard from 5pm – close of business to ensure a safe environment for customers and employees in the evening hours. Staff is not aware of objections from any neighboring properties. Neighborhood Benefit The neighborhood will benefit from having a new business that will enhance the Howard Street commercial corridor by improving a currently vacant space, encourage foot traffic and increase the economic vitality of Howard Street. Comprehensive Plan The Evanston Comprehensive General Plan encourages the use of vacant properties in existing commercial corridors that encourage and strengthen Evanston’s economic base. The Comprehensive Plan specifically includes: Objective: Promote the growth and redevelopment of business, commercial, and industrial areas. Objective: Retain and attract businesses in order to strengthen Evanston’s economic base. Legislative History October 6, 2015: The ZBA recommended unanimous approval of the special use for a Type 2 Restaurant with the following conditions: 1. Compliance with Litter Collection/Garbage Pickup Plans 2. Hours of operation Sunday – Thursday 10am-10pm and Friday – Saturday 10am – midnight 3. Applicant shall provide off-street parking for all employees that drive to work. 4. Substantial compliance with the documents and testimony on record. Attachments Proposed Ordinance 133-O-15 October 6, 2015 ZBA Draft Meeting Minutes ZBA Findings October 6, 2015 ZBA Packet – http://www.cityofevanston.org/assets/ZBA-packet-20151006.pdf 186 of 288 10/12/2015 133-O-15 AN ORDINANCE Granting a Special Use Permit for a Type 2 Restaurant Located at 337 Howard Street in the B3 Business Zoning District (“Harold’s Chicken & Fish ”) WHEREAS, the Zoning Board of Appeals (“ZBA”) met on October 6, 2015, pursuant to proper notice, to consider case no. 15ZMJV-0078, an application filed by Kevin Johnson (the “Applicant”), lessee of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 337 Howard Street (the “Subject Property”) and located in the B3 Business District, for a Special Use Permit to establish, pursuant to Subsection 6-9-4-3 of the Evanston City Code, 2012, as amended (“the Zoning Ordinance”), a Type 2 Restaurant, “Harold’s Chicken & Fish,” on the Subject Property; and WHEREAS, the ZBA, after hearing testimony and receiving other evidence, made a written record and written findings that the application for a Special Use Permit for a Type 2 Restaurant met the standards for Special Uses in Section 6-3-5 of the Zoning Ordinance and recommended City Council approval thereof; and WHEREAS, at its meeting of October 26, 2015, 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. 15ZMJV-0078; and 187 of 288 133-O-15 ~2~ WHEREAS, at its meetings of October 26, 2015 and November 9, 2015, the City Council considered and adopted the respective records, findings, and recommendations of the ZBA and P&D Committee, as amended, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: The City Council hereby approves the Special Use Permit for a Type 2 Restaurant on the Subject Property as applied for in case no. 15ZMJV- 0078. 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. Litter Collection Plan: The Applicant shall implement and adhere to a Litter Collection Plan that requires the policing of an area located within a radius of two hundred fifty feet (250’) of the Subject Property. The Applicant shall police this area at least once every three (3) hours during the hours the Special Use is in operation and shall keep it free of all litter, from any source. For the purpose of this ordinance, “litter” shall include, but is not limited to: food, food waste, and beverages; solid waste, including paper, wrappings, containers, cardboard, napkins, straws, utensils, plates, cans, glass, crockery, cigarette butts, ashes and similar materials; animal waste and dead animals; yard clippings and leaves; and all other waste materials which, if thrown or deposited as herein prohibited, may create a danger to public health, safety, or welfare. 188 of 288 133-O-15 ~3~ C. Litter Pick-Up Plan: The Applicant and/or the owner of the Subject Property shall provide and maintain, on the Subject Property, exterior litter receptacles, in sufficient number and type, and with collections therefrom of sufficient number and frequency, in the City’s judgment, to contain, with lids tightly shut, all litter emanating from operation of the Special Use authorized hereby. Litter shall be collected no less than three (3) times per week, including collections on Sundays as necessary, in the City’s judgment, to comply with this condition. All litter receptacles shall be maintained in a clean condition with tight-fitting lids, and shall be placed on Code-compliant surfaces. The owner of the Subject Property shall provide adequate space at the rear of and on the Subject Property to accommodate the litter receptacles and collections required. Within seven (7) days of written notice from the City to do so, the Applicant and/or the owner of the Subject Property shall modify the number of litter receptacles and/or the number of collections therefrom, as directed by the City. D. Hours of Operation: The Applicant shall operate the Type 2 Restaurant authorized by this ordinance only between the hours of 10:00 a.m. and 10:00 p.m. on any given Sunday, Monday, Tuesday, Wednesday or Thursday, and only between the hours of 10:00 a.m. and Midnight on any given Friday and Saturday. E. Employee Parking: The Applicant shall provide off-street parking for all employees that drive to work. F. Recordation: Before it may operate the Special Use authorized by the terms of this ordinance, the Applicant shall record, at its cost, a certified copy of this ordinance with the Cook County Recorder of Deeds. SECTION 4: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect 189 of 288 133-O-15 ~4~ 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:_________________, 2015 Adopted:___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 190 of 288 133-O-15 ~5~ EXHIBIT A LEGAL DESCRIPTION ALL THAT PART OF THE SOUTH 6.25 CHAINS OF THE NORTHEAST ¼ OF SECTION 30, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING ON A LINE PARALLEL TO AND 33 FEET NORTH OF SOUTH LINE OF SAID NORTHEAST ¼ AT A POINT 450.87 FEET EAST OF THE EASTERLY LINE OF CLARK STREET NOW KNOWN AS CHICAGO AVENUE, THENCE EAST ALONG SAID FIRST MENTIONED LINE 100 FEET TO THE CENTER LINE OF A 13 INCH BRICK WALL (SAID WALL RUNNING DUE NORTH FROM SAID FIRST MENTIONED LINE A DISTANCE OF 85 FEET); THENCE NORTH ALONG THE CENTER LINE OF SAID WALL A DISTANCE OF 85 FEET TO THE SOUTH LINE OF AN EAST AN DWEST ALLEY; THENCE WEST ALONG A LINE PARALLEL TO THE SOUTH LINE OF SAID NORTHEAST ¼ A DISTANCE OF 100 FEET; THENCE SOUTH A DISTANCE OF 85 FEET TO THE POINT OF BEGINNING, IN COOK OUNTY, ILLINOIS. PIN: 11-30-213-019-0000 COMMONLY KNOWN AS: 337 Howard Street, Evanston, Illinois. 191 of 288 Page 1 of 6 Zoning Board of Appeals DRAFT NOT APPROVED MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, October 6, 2015 7:00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Matt Rodgers, Myrna Arevalo, Mary Beth Berns, Scott Gingold, Mary McAuley, Andrew Gallimore, Violetta Cullen Members Absent: Staff Present: Melissa Klotz Chair: Matt Rodgers Declaration of Quorum With a quorum present, Chair Rodgers called the meeting to order at 7:00 pm. Approval of Minutes The minutes from the September 1, 2015 Zoning Board of Appeals meeting were motioned for approval by Ms. Arevalo and seconded by Ms. McAuley. The motion was approved 5-0 with 2 abstentions. New Business 1560 Sherman Avenue ZBA 15ZMJV-0075 Jeff Bell, potential lessee, applies for a special use permit for an Educational Institution – Private, Beacon Academy a Montessori High School, at 1560 Sherman Avenue. 1560 Sherman Avenue is located in the D3 Downtown Core Development District, which requires a special use permit for an Educational Institution – Private to operate (Zoning Code Section 6-11-4-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into the record. Steve Freidland, attorney, and Jeff Bell, head of school, explained the proposal:  Current location opened fall 2014 at 622 Davis Street with 40 students – mostly freshmen  This year the school has 80 students – freshmen and sophomores  New location will have up to 200 students total  New location was previously Pivot Point Academy vocational school  80% of current students use public transportation  School has partnerships with YMCA, Piven Theater, Arts Center, Northwestern, etc. for classes  Open campus for lunch so students often patronize downtown restaurants  Students and faculty that drive currently park in Sherman Plaza parking garage  Anticipate 40-50 employees when at full capacity  Most employees take public transportation  School hours are 7:30am – 5:30pm plus a few special events/programs per year  New location has 20 year lease; current location has 3 years left on lease – location will either be subleased or used for offices for the school  Occasional bus loading for school trips will occur off of Grove by the YMCA  Ok with all conditions noted in existing special use ordinance Ms. Klotz noted there have not been any complaints or zoning violations for the current location. 192 of 288 Page 2 of 6 Zoning Board of Appeals The ZBA entered into deliberations. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Mr. Gingold motioned for approval of the proposal with the following conditions: 1. The Applicant shall obtain and keep current a parking permit for a space in either the Sherman Plaza or Church Street garage for each employee who drives to work. 2. The applicant shall require every driver making a delivery to the facility to do so in a way to not cause congestion on Sherman Avenue. 3. The applicant shall not permit passenger loading and/or unloading that unduly hinders the flow of traffic on Sherman Avenue. 4. Litter Collection & Garbage Pickup Plans 5. Substantial compliance with the documents and testimony on record The motion was seconded by Ms. Cullen. The motion was unanimously approved. 337 Howard Street ZBA 15ZMJV-0078 Kevin Johnson, lessee, applies for a special use permit for a Type 2 Restaurant, Harold’s Chicken & Fish, at 337 Howard Street. 337 Howard Street is located in the B3 Business District, which requires a special use permit for a Type 2 Restaurant to operate (Zoning Code Section 6-9-4-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into the record. Blake Craft, representative for applicant, explained the proposal:  Chicago-based chain restaurant. Operator currently runs location at 804 W. Washington in Chicago.  5 year lease on space  6-8 employees per shift  Anticipate most employees will use public transportation, but any that drive, as well as any delivery vehicles, will park in Lot 53 on Chicago Avenue.  Hours of operation 10am-10pm Sunday – Thursday and 10am – midnight Friday – Saturday Ms. Klotz explained 337 Howard Street was previously approved for a Harold’s Chicken under a different unrelated applicant, but that special use permit expired on January 27, 2015. Mr. Craft continued:  Delivery vehicles will park in the alley if approved by the City and as discussed at DAPR  Anticipate 100 customers per day during the week and 150 customers per day on weekends  Most customers will come during the dinner rush  Current location in Chicago is 40% delivery and uses 3 delivery drivers 193 of 288 Page 3 of 6 Zoning Board of Appeals  Plan to use 2-3 delivery drivers at this location  Grease pickup is likely every 3 weeks but depends on the demand, and will occur overnight via the alley  Most of interior build-out is already in place, but will add a fridge, freezer, and fryers.  Deliveries to the restaurant will occur 1-2 times per day before 10am via small semi- trucks  Ok with Litter Collection and Garbage Pickup Plans Ms. Cullen explained that cabs say they “claim” the street parking spaces in front of the building (which are taxicab only parking spaces), and if/when regular vehicles pull into those spaces, the cab drivers get out of their vehicles and confront the parkers. Ms. Cullen fears confrontations will occur between customers trying to park in the cab spaces. Chair Rodgers noted the Alderman may be able to encourage a stronger police presence in the area to address this issue. Mr. Craft explained he was considering hiring a security officer for the evening hours to encourage a safe environment for customers, and the security officer could monitor the cab parking area to ensure customers do not park there. A condition requiring a security officer from 5pm – close each day would be acceptable. Ms. Klotz explained there is no on-street parking in the area available for customer use; there is no other location available to relocate the cab parking to, and the City does not want to set the precedent of reserving on-street parking for a specific business. The ZBA entered into Deliberations. Mr. Gingold noted the previous special use ordinance allowed hours of operation until 10pm only, not midnight on weekends, and asked if any ZBA members had concerns about this. No ZBA member had a concern over the extension to midnight on weekends, especially since a security guard would be present. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Mr. Gingold motioned to approve the proposal with the following conditions: 1. Litter Collection/Garbage Pickup Plan 2. Hours of operation Sunday – Thursday 10am-10pm and Friday – Saturday 10am – midnight 3. Applicant shall provide off-street parking for all employees that drive to work. 4. Substantial Compliance with the documents and testimony on record. The motion was seconded by Ms. Arevalo. The motion was unanimously approved. 839 Hartrey Avenue ZBA 15ZMJV-0077 194 of 288 Page 4 of 6 Zoning Board of Appeals Juan Montoya, contractor, applies for major zoning relief to establish one open parking space in the front yard with street access in the R2 Single Family Residential District. The applicant requests an open parking space that is not within 30’ of the rear property line where open parking is only permitted within 30’ of the rear property line (Zoning Code Section 6-4-6-3-B-18), open parking in the front yard where open parking in the front yard where open parking is prohibited (Zoning Code Section 6-8-3-7-A-1), open parking in front of the principal structure where open parking is prohibited (Zoning Code Section 6-16-2-1-C-1), and access to on-site parking via the street where street access is prohibited when alley access is present (Zoning Code Section 6-8-3-11). 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. Oralia Martinez, daughter of property owners, explained the proposal:  Alley is never plowed in the winter  Patrons and/or employees of the daycare at Main/Hartrey use up the street parking, especially on street sweeping days when other streets have restricted parking.  7 other properties on the block have alley access and a driveway off of the street  Father is 84 and drives nearly every day to get groceries  Father purchased the property last December. Ms. McAuley asked if it would be possible for family members to help Ms. Martinez’s father on grocery shopping days so that he does not have to walk from the rear of the property with groceries. Ms. Martinez explained there are no family members available to help during the daytime when he does his shopping. Ms. McAuley explained there are many senior services in Evanston that may be able to help with situations like these. Ms. Berns asked if any neighbors could help out or plow the alley in the winter, and Ms. Martinez explained the neighbors do not plow the alley, but many of the neighbors are aware of the proposal and have no objection. Ms. Klotz added multiple neighbors have called to inquire about the request, but none were specifically in favor of or opposed to the proposal. The ZBA entered into Deliberations: Mr. Gingold noted City staff and the DAPR committee recommended denial of the proposal, and explained he does not support the request since the hardship is specific to the property owner, not the property itself, and the owner only recently purchased the property. Ms. Berns agreed. The Standards were addressed: 1. No 2. Yes 3. No – the hardship is peculiar to the applicant, not the property. 4. No 5. Yes 6. No 7. No Chair Rodgers noted the ZBA could recommend that if City Council chooses to approve the proposal, the parking space and driveway be removed when the property changes ownership. Mr. Gingold motioned to recommend denial of the proposal. The motion was seconded by Ms. McAuley and unanimously approved. 309-323 Howard Street ZBA 15ZMJV-0077 195 of 288 Page 5 of 6 Zoning Board of Appeals Ted Hortis, property owner, applies for major zoning relief to convert second floor office space into 9 residential dwelling units in the B3 Business District. The applicant requests 0 parking spaces where 12 parking spaces are required (Zoning Code Section 6-16-2-1-C). 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. Ted Hortis, property owner, and Kirk Alexakos, architect, explained the proposal:  First floor will remain commercial  Convert long time vacant office space on second floor into 9 dwelling units  Purchased property in June 2015  Completely landlocked building with no way to add parking  No affordable units proposed – all will be higher-end market rate Ms. Berns asked what the parking requirement would be for the office space if the building were newly constructed, and Ms. Klotz explained the requirement is 1 parking space for every 500 sq ft of office space, so the requirement would be roughly the same as the parking requirement for the dwelling units. Ms. McAuley asked if the applicant has done residential conversions at any other buildings, and what price range the units will be marketed at. The applicant responded that he has done other conversions in Chicago and Morton Grove, and rent rates are not locked in yet but will be higher-end market rate and are anticipated at: Studio - $1,000 - 1,200 1 Bedroom – 1,500 - 1,600 2 Bedroom – 1,700 – 1,800 Ms. Berns asked if a public benefit will be provided, and the applicant explained there are public benefits:  Will bring in good residents who will then patronize the local businesses  Adaptive reuse of currently vacant space  Exterior remodeling will improve the look of the building and its unique terra cotta historic façade Ms. Cullen asked if any units will be accessible, and the applicant responded that at least one unit will be ADA accessible, and the other units will be adaptable. It is unclear if an elevator will be required but hopefully not – that would stop the project since retrofitting an old building for an elevator is so expensive. Mr. Gingold asked what tenants will be told about parking and what guests will do for parking, and the applicant explained residents will be expected to commute by public transportation since there is no on-site parking. Guests that drive have multiple surface lots, street parking, and garages within the area. Ms. Berns asked where move-in trucks will park, and the applicant responded that move-in trucks will utilize the alley. There are three separate entrances/exits off of the alley that will accommodate moving furniture. The ZBA entered into Deliberations: Ms. McAuley noted the proposal is a transit oriented development since it is right next to a transportation superhub. The proposal is a vast improvement to the currently underutilized, partially vacant building with a dilapidated façade. More residential units means more people, which will benefit the entire area. 196 of 288 Page 6 of 6 Zoning Board of Appeals Ms. Cullen explained her concern is that there isn’t even one parking space for temporary parking. Mr. Gingold agreed, but noted that is the status quo in that area and was like that for the office space as well. Mr. Gingold added that it would be nice to have accessibility to the second floor with an elevator. Ms. McAuley agreed that it would be nice, but adding elevators in adaptive reuse buildings can make or break a development project due to the extensive cost. Ms. Berns noted an affordable unit in a TOD would be a great public benefit. Chair Rodgers responded that the 8th Ward already has many affordable units, and the large development at 415 Howard was not required to have any affordable units. Ms. McAuley explained there is a huge public benefit in providing a 24-hour presence in the area and by reusing the building. In the past, the City bought properties like this and sold them under value to encourage redevelopment. Mr. Gingold said accessible units should be encouraged in rental properties. Ms. Arevalo asked if a ground-floor commercial space could be converted to an accessible residential unit, and Ms. Klotz explained that there has been some discussion about adding a live-work on the ground floor that could be accessible. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes…No – Mr. Gingold & Ms. Cullen, because there is no public benefit unless an elevator is provided. 6. Yes 7. Yes Ms. Berns said she hopes bicycle facilities are provided give the TOD nature. Ms. McAuley motioned to recommend approval of the variance. The motion was seconded by Mr. Gallimore and approved 5-2 with the condition the project is within substantial compliance of the documents and testimony on record. Ms. Klotz let the Board know that the October 20, 2015 ZBA hearing is cancelled due to a lack of items. The next ZBA hearing is November 3, 2015. The meeting was adjourned at 8:50p.m. 197 of 288 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 October 6, 2015, the Zoning Board of Appeals makes the following findings of fact, reflected in the audio-visual recording of the hearings, based upon the standards for special uses specified in Section 6-3-5-10 of the Zoning Ordinance: Standard Finding (A) It is one of the special uses specifically listed in the zoning ordinance; ___X__Met _____Not Met Vote 7-0 (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 7-0 (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 7-0 (D) It does not interfere with or diminish the value of property in the neighborhood; ___X___Met _____Not Met Vote 7-0 Case Number: 15ZMJV-0078 Address or Location: 337 Howard Street Applicant: Kevin Johnson Proposed Special Use: Type 2 Restaurant, Harold’s Chicken & Fish 198 of 288 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 7-0 (F) It does not cause undue traffic congestion; ___X___Met _____Not Met Vote 7-0 (G) It preserves significant historical and architectural resources; ___X___Met _____Not Met Vote 7-0 (H) It preserves significant natural and environmental features; and ___X___Met _____Not Met Vote 7-0 (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 7-0 and, based upon these findings, and upon a vote __7__ 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 are limited to 10am-10pm Sunday through Thursday, and 10am-midnight Friday and Saturday 2. Applicant shall provide off-street parking for all employees that drive to work. 3. Litter Collection & Garbage Pickup Plans 4. Substantial compliance with the documents and testimony on record. Attending: Vote: Aye No ___X__ Mary Beth Berns __X__ ____ ___X___ Myrna Arevalo __X__ ____ ___X___ Scott Gingold __X__ ____ ___X___ Matt Rodgers __X__ ____ 199 of 288 P LANNING AND Z ONING D IVISION 847-448-8230  zoning@cityofevanston.org Community Development Department  www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3202 Evanston, IL 60201 ___X___ Violetta Cullen __X__ ____ ___X___ Andrew Gallimore __X__ ____ ___X___ Mary McAuley __X__ ____ 200 of 288 For City Council meeting of October 26, 2015 Item P4 Ordinance 134-O-15: Major Zoning Relief for One Open Parking Space at 839 Hartrey 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 134-O-15 Granting Major Zoning Relief for One Open Parking Space at 839 Hartrey Avenue Date: October 15, 2015 Recommended Action The Zoning Board of Appeals and City staff recommend denial of Ordinance 134-O-15 granting major zoning relief for one open parking space in the front yard with street access where alley access is present. 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 compliant alley access and parking spaces. Summary The property at 839 Hartrey Avenue is 8,535 square feet in lot size and 171 feet in length. The property currently features a single family home and a two-car detached garage with access off of the alley. The rear yard between the back of the house and the garage is 67 feet in length, and the distance following the concrete walk is approximately 102 feet. The property owner, who is 85 years old and purchased the residence in November of 2014, has difficulty walking the distance from the detached garage to the house. The owner also has difficulty utilizing the alley in the winter after snowfall because the alleys are not plowed. The owner proposes to establish a driveway with a new curb cut off of Hartrey Avenue with one open parking space closer to the home in the front yard. Due to the location of the house, there is not enough space in either side yard to construct a driveway off of the alley that leads to the front of the house, though it is possible to construct a driveway off of the alley that leads to the rear of the house. Such a driveway would create a large amount of impervious area on the property and would likely require a variation for the location of open parking space, but the impervious surface coverage would likely still be Memorandum 201 of 288 compliant with the maximum allowed by the Zoning Ordinance. Such potential parking space in the rear of the house with access off of the alley would not be visible from the street frontage, and a new curb cut off of Hartrey Avenue would not be necessary. Per Zoning Ordinance new curb cuts are not allowed when alley access is present, but the Ordinance does allow an existing curb cut to remain, even if alley access is present and new access is established via the alley. This portion of Hartrey Avenue features seven properties that have existing curb cuts with driveways off of Hartrey Avenue even though alley access is present. At least three of those properties feature open parking in the front yard as well as detached garages off of the alley. The Zoning Board of Appeals found the requested curb cut, driveway and parking space in the front yard do not meet the standards for major variations for the district. 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 compliant alley access and parking spaces. City staff is not aware of any objections from neighboring property owners. Legislative History October 6, 2015: The Zoning Board of Appeals found the proposal did not meet the Standards for Variations; specifically the hardship is not peculiar to the property, and recommended unanimous denial of the requested variances. Attachments Proposed Ordinance 134-O-15 October 6, 2015 Draft ZBA Meeting Minutes ZBA Findings October 6, 2015 ZBA Packet http://www.cityofevanston.org/assets/ZBA-packet-20151006.pdf 202 of 288 10/12/2015 134-O-15 AN ORDINANCE Granting Major Variations Related to 839 Hartrey Avenue in the R2 Single Family Residential District WHEREAS, Juan Montoya (the “Applicant”), contractor of the property commonly known as 839 Hartrey 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 Major Variations to zoning requirements imposed by Subsection 6-4-6-3(B)(18), Subsection 6-8-3-7(A)(1), Subsection 6-16-2-1(C)(1) and Subsection 6-8-3-11 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 an open parking space that is not within thirty (30) feet of the rear property line where open parking is only permitted within thirty (30) feet of the rear property line; (B) The Applicant requests open parking in the front yard where open parking in the front yard is prohibited; (C) The Applicant requests open parking in front of the principal structure where open parking in front of a principal structure is prohibited; (D) The Applicant requests access to on-site parking via the street when alley access is present where access to on-site parking via the street is prohibited when alley access is present; and 203 of 288 134-O-15 ~2~ WHEREAS, on October 6, 2015, the Zoning Board of Appeals (“ZBA”), pursuant to proper notice, held a public hearing in case no. 15ZMJV-0077 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 October 26, 2015, 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 reject the ZBA’s recommendation and instead approve the Major Variations in case no. 15ZMJV-0077; and WHEREAS, at its meetings of October 26, 2015 and November 9, 2015, 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-0077 and described hereinabove. SECTION 3: The Major Variations approved hereby are as follows: (A) Approval to allow an open parking space that is not within thirty (30) feet of the rear property line on the Subject Property. Subsection 6-4-6-3(B)(18) requires 204 of 288 134-O-15 ~3~ that open parking be permitted only within thirty (30) feet of the rear property line on the Subject Property. (B) Approval to allow open parking in the front yard of the Subject Property. Subsection 6-8-3-7(A)(1) prohibits open parking in the front yard on the Subject Property. (C) Approval to allow open parking in front of a principal structure on the Subject Property. Subsection 6-16-2-1(C)(1) prohibits parking in front of a principal structure on the Subject Property. (D) Approval to allow access to on-site parking via the street for the Subject Property. Subsection 6-8-3-11 prohibits street access to on-site parking when alley access is present. 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. 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. 205 of 288 134-O-15 ~4~ 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. Introduced:_________________, 2015 Adopted:___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 206 of 288 134-O-15 ~5~ EXHIBIT A Legal Description Lot 22 in Block 1 in Travers Subdivision of the North ½ of the Middle 1/3 of the North ½ of the Southwest ¼ of Section 24, Township 41 North, Range 13, East of the Third Principal Meridian, in Cook County, Illinois. PIN(S): 10-24-302-049-0000 Commonly Known As: 839 Hartrey Avenue, Evanston, Illinois. 207 of 288 Page 1 of 6 Zoning Board of Appeals DRAFT NOT APPROVED MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, October 6, 2015 7:00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Matt Rodgers, Myrna Arevalo, Mary Beth Berns, Scott Gingold, Mary McAuley, Andrew Gallimore, Violetta Cullen Members Absent: Staff Present: Melissa Klotz Chair: Matt Rodgers Declaration of Quorum With a quorum present, Chair Rodgers called the meeting to order at 7:00 pm. Approval of Minutes The minutes from the September 1, 2015 Zoning Board of Appeals meeting were motioned for approval by Ms. Arevalo and seconded by Ms. McAuley. The motion was approved 5-0 with 2 abstentions. New Business 1560 Sherman Avenue ZBA 15ZMJV-0075 Jeff Bell, potential lessee, applies for a special use permit for an Educational Institution – Private, Beacon Academy a Montessori High School, at 1560 Sherman Avenue. 1560 Sherman Avenue is located in the D3 Downtown Core Development District, which requires a special use permit for an Educational Institution – Private to operate (Zoning Code Section 6-11-4-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into the record. Steve Freidland, attorney, and Jeff Bell, head of school, explained the proposal:  Current location opened fall 2014 at 622 Davis Street with 40 students – mostly freshmen  This year the school has 80 students – freshmen and sophomores  New location will have up to 200 students total  New location was previously Pivot Point Academy vocational school  80% of current students use public transportation  School has partnerships with YMCA, Piven Theater, Arts Center, Northwestern, etc. for classes  Open campus for lunch so students often patronize downtown restaurants  Students and faculty that drive currently park in Sherman Plaza parking garage  Anticipate 40-50 employees when at full capacity  Most employees take public transportation  School hours are 7:30am – 5:30pm plus a few special events/programs per year  New location has 20 year lease; current location has 3 years left on lease – location will either be subleased or used for offices for the school  Occasional bus loading for school trips will occur off of Grove by the YMCA  Ok with all conditions noted in existing special use ordinance Ms. Klotz noted there have not been any complaints or zoning violations for the current location. 208 of 288 Page 2 of 6 Zoning Board of Appeals The ZBA entered into deliberations. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Mr. Gingold motioned for approval of the proposal with the following conditions: 1. The Applicant shall obtain and keep current a parking permit for a space in either the Sherman Plaza or Church Street garage for each employee who drives to work. 2. The applicant shall require every driver making a delivery to the facility to do so in a way to not cause congestion on Sherman Avenue. 3. The applicant shall not permit passenger loading and/or unloading that unduly hinders the flow of traffic on Sherman Avenue. 4. Litter Collection & Garbage Pickup Plans 5. Substantial compliance with the documents and testimony on record The motion was seconded by Ms. Cullen. The motion was unanimously approved. 337 Howard Street ZBA 15ZMJV-0078 Kevin Johnson, lessee, applies for a special use permit for a Type 2 Restaurant, Harold’s Chicken & Fish, at 337 Howard Street. 337 Howard Street is located in the B3 Business District, which requires a special use permit for a Type 2 Restaurant to operate (Zoning Code Section 6-9-4-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into the record. Blake Craft, representative for applicant, explained the proposal:  Chicago-based chain restaurant. Operator currently runs location at 804 W. Washington in Chicago.  5 year lease on space  6-8 employees per shift  Anticipate most employees will use public transportation, but any that drive, as well as any delivery vehicles, will park in Lot 53 on Chicago Avenue.  Hours of operation 10am-10pm Sunday – Thursday and 10am – midnight Friday – Saturday Ms. Klotz explained 337 Howard Street was previously approved for a Harold’s Chicken under a different unrelated applicant, but that special use permit expired on January 27, 2015. Mr. Craft continued:  Delivery vehicles will park in the alley if approved by the City and as discussed at DAPR  Anticipate 100 customers per day during the week and 150 customers per day on weekends  Most customers will come during the dinner rush  Current location in Chicago is 40% delivery and uses 3 delivery drivers 209 of 288 Page 3 of 6 Zoning Board of Appeals  Plan to use 2-3 delivery drivers at this location  Grease pickup is likely every 3 weeks but depends on the demand, and will occur overnight via the alley  Most of interior build-out is already in place, but will add a fridge, freezer, and fryers.  Deliveries to the restaurant will occur 1-2 times per day before 10am via small semi- trucks  Ok with Litter Collection and Garbage Pickup Plans Ms. Cullen explained that cabs say they “claim” the street parking spaces in front of the building (which are taxicab only parking spaces), and if/when regular vehicles pull into those spaces, the cab drivers get out of their vehicles and confront the parkers. Ms. Cullen fears confrontations will occur between customers trying to park in the cab spaces. Chair Rodgers noted the Alderman may be able to encourage a stronger police presence in the area to address this issue. Mr. Craft explained he was considering hiring a security officer for the evening hours to encourage a safe environment for customers, and the security officer could monitor the cab parking area to ensure customers do not park there. A condition requiring a security officer from 5pm – close each day would be acceptable. Ms. Klotz explained there is no on-street parking in the area available for customer use; there is no other location available to relocate the cab parking to, and the City does not want to set the precedent of reserving on-street parking for a specific business. The ZBA entered into Deliberations. Mr. Gingold noted the previous special use ordinance allowed hours of operation until 10pm only, not midnight on weekends, and asked if any ZBA members had concerns about this. No ZBA member had a concern over the extension to midnight on weekends, especially since a security guard would be present. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Mr. Gingold motioned to approve the proposal with the following conditions: 1. Litter Collection/Garbage Pickup Plan 2. Hours of operation Sunday – Thursday 10am-10pm and Friday – Saturday 10am – midnight 3. Applicant shall provide off-street parking for all employees that drive to work. 4. Substantial Compliance with the documents and testimony on record. The motion was seconded by Ms. Arevalo. The motion was unanimously approved. 839 Hartrey Avenue ZBA 15ZMJV-0077 210 of 288 Page 4 of 6 Zoning Board of Appeals Juan Montoya, contractor, applies for major zoning relief to establish one open parking space in the front yard with street access in the R2 Single Family Residential District. The applicant requests an open parking space that is not within 30’ of the rear property line where open parking is only permitted within 30’ of the rear property line (Zoning Code Section 6-4-6-3-B-18), open parking in the front yard where open parking in the front yard where open parking is prohibited (Zoning Code Section 6-8-3-7-A-1), open parking in front of the principal structure where open parking is prohibited (Zoning Code Section 6-16-2-1-C-1), and access to on-site parking via the street where street access is prohibited when alley access is present (Zoning Code Section 6-8-3-11). 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. Oralia Martinez, daughter of property owners, explained the proposal:  Alley is never plowed in the winter  Patrons and/or employees of the daycare at Main/Hartrey use up the street parking, especially on street sweeping days when other streets have restricted parking.  7 other properties on the block have alley access and a driveway off of the street  Father is 84 and drives nearly every day to get groceries  Father purchased the property last December. Ms. McAuley asked if it would be possible for family members to help Ms. Martinez’s father on grocery shopping days so that he does not have to walk from the rear of the property with groceries. Ms. Martinez explained there are no family members available to help during the daytime when he does his shopping. Ms. McAuley explained there are many senior services in Evanston that may be able to help with situations like these. Ms. Berns asked if any neighbors could help out or plow the alley in the winter, and Ms. Martinez explained the neighbors do not plow the alley, but many of the neighbors are aware of the proposal and have no objection. Ms. Klotz added multiple neighbors have called to inquire about the request, but none were specifically in favor of or opposed to the proposal. The ZBA entered into Deliberations: Mr. Gingold noted City staff and the DAPR committee recommended denial of the proposal, and explained he does not support the request since the hardship is specific to the property owner, not the property itself, and the owner only recently purchased the property. Ms. Berns agreed. The Standards were addressed: 1. No 2. Yes 3. No – the hardship is peculiar to the applicant, not the property. 4. No 5. Yes 6. No 7. No Chair Rodgers noted the ZBA could recommend that if City Council chooses to approve the proposal, the parking space and driveway be removed when the property changes ownership. Mr. Gingold motioned to recommend denial of the proposal. The motion was seconded by Ms. McAuley and unanimously approved. 309-323 Howard Street ZBA 15ZMJV-0077 211 of 288 Page 5 of 6 Zoning Board of Appeals Ted Hortis, property owner, applies for major zoning relief to convert second floor office space into 9 residential dwelling units in the B3 Business District. The applicant requests 0 parking spaces where 12 parking spaces are required (Zoning Code Section 6-16-2-1-C). 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. Ted Hortis, property owner, and Kirk Alexakos, architect, explained the proposal:  First floor will remain commercial  Convert long time vacant office space on second floor into 9 dwelling units  Purchased property in June 2015  Completely landlocked building with no way to add parking  No affordable units proposed – all will be higher-end market rate Ms. Berns asked what the parking requirement would be for the office space if the building were newly constructed, and Ms. Klotz explained the requirement is 1 parking space for every 500 sq ft of office space, so the requirement would be roughly the same as the parking requirement for the dwelling units. Ms. McAuley asked if the applicant has done residential conversions at any other buildings, and what price range the units will be marketed at. The applicant responded that he has done other conversions in Chicago and Morton Grove, and rent rates are not locked in yet but will be higher-end market rate and are anticipated at: Studio - $1,000 - 1,200 1 Bedroom – 1,500 - 1,600 2 Bedroom – 1,700 – 1,800 Ms. Berns asked if a public benefit will be provided, and the applicant explained there are public benefits:  Will bring in good residents who will then patronize the local businesses  Adaptive reuse of currently vacant space  Exterior remodeling will improve the look of the building and its unique terra cotta historic façade Ms. Cullen asked if any units will be accessible, and the applicant responded that at least one unit will be ADA accessible, and the other units will be adaptable. It is unclear if an elevator will be required but hopefully not – that would stop the project since retrofitting an old building for an elevator is so expensive. Mr. Gingold asked what tenants will be told about parking and what guests will do for parking, and the applicant explained residents will be expected to commute by public transportation since there is no on-site parking. Guests that drive have multiple surface lots, street parking, and garages within the area. Ms. Berns asked where move-in trucks will park, and the applicant responded that move-in trucks will utilize the alley. There are three separate entrances/exits off of the alley that will accommodate moving furniture. The ZBA entered into Deliberations: Ms. McAuley noted the proposal is a transit oriented development since it is right next to a transportation superhub. The proposal is a vast improvement to the currently underutilized, partially vacant building with a dilapidated façade. More residential units means more people, which will benefit the entire area. 212 of 288 Page 6 of 6 Zoning Board of Appeals Ms. Cullen explained her concern is that there isn’t even one parking space for temporary parking. Mr. Gingold agreed, but noted that is the status quo in that area and was like that for the office space as well. Mr. Gingold added that it would be nice to have accessibility to the second floor with an elevator. Ms. McAuley agreed that it would be nice, but adding elevators in adaptive reuse buildings can make or break a development project due to the extensive cost. Ms. Berns noted an affordable unit in a TOD would be a great public benefit. Chair Rodgers responded that the 8th Ward already has many affordable units, and the large development at 415 Howard was not required to have any affordable units. Ms. McAuley explained there is a huge public benefit in providing a 24-hour presence in the area and by reusing the building. In the past, the City bought properties like this and sold them under value to encourage redevelopment. Mr. Gingold said accessible units should be encouraged in rental properties. Ms. Arevalo asked if a ground-floor commercial space could be converted to an accessible residential unit, and Ms. Klotz explained that there has been some discussion about adding a live-work on the ground floor that could be accessible. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes…No – Mr. Gingold & Ms. Cullen, because there is no public benefit unless an elevator is provided. 6. Yes 7. Yes Ms. Berns said she hopes bicycle facilities are provided give the TOD nature. Ms. McAuley motioned to recommend approval of the variance. The motion was seconded by Mr. Gallimore and approved 5-2 with the condition the project is within substantial compliance of the documents and testimony on record. Ms. Klotz let the Board know that the October 20, 2015 ZBA hearing is cancelled due to a lack of items. The next ZBA hearing is November 3, 2015. The meeting was adjourned at 8:50p.m. 213 of 288 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 October 6, 2015, the Zoning Board of Appeals makes the following findings of fact, based upon the standards for major variances specified in Section 6-3-8-12 of the City Code: Standard Finding (A) The requested variation will not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties; _______Met __X___Not Met 7-0 (B) The requested variation is in keeping with the intent of the zoning ordinance; ___X___Met _____Not Met 7-0 (C) The alleged hardship or practical difficulty is peculiar to the property; _______Met __X___Not Met 7-0 (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 7-0 Case Number: 15ZMJV-0077 Address or Location: 839 Hartrey Avenue Applicant: Juan Montoya Proposed Zoning Relief: One open parking space that is not within 30’ of the rear property line (Zoning Code Section 6-4-6-3-B-18), open parking in the front yard (Zoning Code Section 6-8-3-7-A-1), open parking in front of the principal structure (Zoning Code Section 6-16-2-1-C-1), and access to on-site parking via the street when alley access is present (Zoning Code Section 6-8-3-11). 214 of 288 (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 7-0 (F) The alleged difficulty or hardship has not been created by any person having an interest in the property; ______Met __X___Not Met 7-0 (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 7-0 and, based upon these findings, and upon a vote of __0__ in favor & __7__ against recommends to the City Council _____ approval with conditions: __X__ denial Attending: Vote (to deny): Aye No __X__ Violetta Cullen _X__ ____ __X__ Mary Beth Berns _X__ ____ __X__ Mary McAuley _X__ ____ __X__ Matt Rodgers _X__ ____ __X__ Andrew Gallimore _X__ ____ __X__ Scott Gingold _X__ ____ __X__ Myrna Arevalo _X__ ____ 215 of 288 For City Council meeting of October 26, 2015 Item P5 Ordinance 60-O-15: Amendments to Inclusionary Housing Ordinance For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Sarah Flax, Housing and Grants Administrator Damir Latinovic, Planning and Zoning Administrator Subject: Ordinance 60-O-15, Amendments to the Inclusionary Housing Ordinance Date: October 15, 2015 Recommended Action Staff recommends adoption of Ordinance 60-O-15, Amendments to the Inclusionary Housing Ordinance (IHO). The Ordinance covers all new developments with five or more units within Transit Oriented Development (TOD) areas and ten or more units outside of TOD areas. It applies to for sale and rental developments, and condo conversions, and requires a minimum 10% of affordable units on site, or a fee in lieu of $100,000 per unit if the development is within a TOD area or $75,000 per unit if outside of a TOD area. If the affordable units are provided on site, the developer would be entitled to density bonuses and reduction in parking requirements. Summary of Community Meeting Following the discussion about potential amendments to the Inclusionary Housing Ordinance at the June 8, 2015 Planning and Development Committee meeting, the Committee directed staff to organize a community meeting to gather feedback from all stakeholders. Staff held a community meeting on June 29, 2015 and invited all interested stakeholders to provide input regarding the proposed amendments. Staff published the meeting on the City website and sent emails to developers, lenders, realtors, housing advocates, citizens who attended the June 8 P&D meeting and local media. A project website (http://www.cityofevanston.org/planning-zoning/housing/inclusionary-housing- ordinance/) was developed to provide information on the meeting with details about the potential amendments proposed at the June 8 meeting. A special email address (IHO@cityofevanston.org) to gather input from people who were unable to attend the June 29 meeting and for additional comments from attendees was included on the webpage. The community meeting was attended by approximately fifty people, including several representatives from financial institutions, developers and a local architect. The full list of attendees and comments received at the meeting and via email are posted on the project website. Memorandum 216 of 288 In summary, most of the feedback received at meeting and via email was positive, with most stakeholders generally agreeing that amendments to the existing Inclusionary Housing Ordinance are necessary to address Evanston’s housing needs and because the existing Ordinance did not result in allocation of any new affordable units. While there was some disagreement on the number/percent of units that should be affordable and what other sources of revenue to fund affordable units should be pursued to address the loss of affordable housing in the City, the following were agreed upon by most stakeholders: • Expand the Inclusionary Housing Ordinance to cover both for sale (condominium) and rental residential projects. • Expand the Ordinance to cover developments with fewer than 25 units (current requirement) • Increase the fee-in-lieu of on-site affordable units, particularly for developments close to transit (TOD areas) • Provide developer incentives such as density bonuses, with higher densities allowed closer to transit (TOD areas) for on-site units only • Expand the rehab program to assist existing landlords to improve existing housing stock but maintain it at an affordable level • Develop other policies outside IHO to provide a steady funding mechanism for affordable housing options and to reduce homelessness. Proposed Amendments to Inclusionary Housing Ordinance Based on the feedback received, staff has modified the proposed amendments as follows: • Expanding the definition of covered developments to include all new projects with 10 or more units outside of TOD areas and 5 or more units within TOD areas. (previous proposal was for 10 or more units across the City) • Include new rental projects and condo conversion projects in addition to all new for-sale projects covered by current Ordinance (same as previous proposal) • Differentiating income levels and sales prices for the 10% affordable unit set aside by TOD and non-TOD areas. (Current ordinance is for 75% at 100% AMI and 25% at 80% AMI): o In TOD areas, 50% of units for HHs at 100% AMI and 50% for HHs at 80% o Outside TOD areas, 50% at 120% AMI and 50% at 80% AMI • Differentiating income levels and rents for the 10% affordable unit set aside by TOD and non-TOD areas. (Previous proposal was for 60% AMI for all affordable units across the City): o In TOD areas, 50% of units for HHs at 60% AMI and 50% for HHS at 50% o Outside TOD areas, 50% at 80% AMI and 50% at 60% AMI • For developments that provide the required affordable housing units on site, the developments would be entitled to the following bonuses: Development Bonuses In TOD areas Outside of TOD areas Density 20% bonus 10% bonus Height 10% bonus 5% bonus FAR 10% bonus 5% bonus 217 of 288 • For developments that provide the required affordable housing units on site, reduction in parking requirements to: Parking requirements In TOD areas Outside of TOD areas Current parking requirement 0-1 Bedroom 0.5 parking spaces 0.75 parking spaces 1.25 parking spaces 2 Bedroom 1 parking space 1.25 parking spaces 1.5 parking spaces 3 + Bedrooms 1.25 parking spaces 1.5 parking spaces 2 parking spaces • Increase the fee-in-lieu of on-site affordable units to $100,000 per unit in TOD areas and $75,000 outside of TOD areas. (Current Ordinance has a $40,000 fee- in-lieu option). • Using the property standards code to establish the minimum square footage for affordable units based on unit type. (same as previous proposal) • Increase the percentage of affordable units to 20% of total units for projects receiving public funds (same as previous proposal) • Maintain affordability of rental units for twenty-five years. (same as previous proposal) • Allow City Council to consider and accept alternative proposal for affordable units or fees-in-lieu by a developer. (Same as current Ordinance and previous proposal.) • Establish a wait list for affordable rental and ownership units that prioritizes income eligible Evanston residents and people who work in Evanston for the affordable units. Wait list process would be contracted with one or more non- profit affordable housing providers working with City Housing staff. The following developer benefits in the current IHO would be maintained: • Expedited application process • Deferral of payment of building and plan review fees for the non-affordable dwelling units until receipt of the first temporary certificate of occupancy • Waiver of building permit and plan review fees for the affordable units The proposed ordinance continues to include the option for developers to offer an alternative equivalent action or request a reduction in requirements. Any alternatives or reductions would be considered on a case-by-case basis by City Council. In addition to strengthening the IHO, staff recommends the City explore impact fees on large scale commercial developments and single-family developments based on scale of private projects to assure the City will continue to fund development of affordable housing and services for at-risk families. Furthermore, staff will at a later date present additional zoning changes for City Council consideration that may result in increased supply of affordable housing options throughout the City, such as enabling coach houses to be rented out to individuals and households independent of the primary household units on the property. Background Evanston lost 40% of housing units affordable to renters at 60% of the area median income (AMI) and homebuyers at 80% AMI, between 2004 and 2013. This translates to 218 of 288 a unit loss of about 3,300 (Source: Illinois Affordable Housing Planning and Appeal Act). Staff research into strategies to address the growing need for affordable housing found that more 500 communities have inclusionary housing policies that require developers of new market rate housing to provide affordable units, as well. Inclusionary housing supports Evanston’s sustainability and livability by providing affordable housing so lower income Evanston workers can afford to in Evanston. This includes millenials, many of whom are in relatively low-paying jobs and carry significant student loan debt. Millennials already comprise 33.2% of the US labor force and will increase as younger millenials complete their education and enter the workforce. Among millenials who head a household, over 69% are renters, compared with 36.4% of all US householders that rent. Inclusionary housing can also provide housing that is affordable to seniors living on fixed incomes, and help prevent displacement of long-time residents. . Legislative History June 8, 2015 – Planning and Development Committee discussed proposed changes to the Inclusionary Housing Ordinance 32-O-07 and directed staff to convene a Community Meeting to gather feedback from stakeholders, including developers, financial institution representatives, and affordable housing advocates. April 27, 2015 – Planning and Development Committee discussed proposed amendments to the Inclusionary Housing Ordinance 32-O-07 recommended by the Housing and Homelessness Commission and staff. July 28, 2014, 2015 – Planning and Development Committee discussed proposed amendments to the Inclusionary Housing Ordinance 32-O-07 recommended by the Housing and Homelessness Commission and staff. March 26, 2077 – City Council approved the Inclusionary Housing Ordinance 32-O-07 was approved on March 26, 2007. Attachments • Proposed Inclusionary Housing Ordinance 60-O-15 • TOD area maps and density bonuses example • Link to Inclusionary Housing Ordinance Community Meeting Info http://www.cityofevanston.org/planning-zoning/housing/inclusionary-housing- ordinance/ • Link to June 8, 2015 P&D Packet Memo and its attachments http://www.cityofevanston.org/assets/CCAP-20150610.pdf 219 of 288 10/21/2015 6/8/2015 4/21/2015 60-O-15 AN ORDINANCE Amending Portions of City Code Title 5, Chapter 7 to Expand the Application of the Inclusionary Housing Ordinance NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS THAT: SECTION 1: Legislative Statement. At the time of the passage of this ordinance, the City of Evanston observed a noticeable decline in the diversity of the City’s housing stock as a result of increasing property values and housing costs, and a reduction in the availability of affordable housing. With the exception of housing subsidized by the City or other affordable housing providers, privately developed new residential housing that is being built in the City is generally not affordable to low and moderate income households. The City determined that, without intervention, the trend toward increasing housing prices would result in an inadequate supply of affordable housing for City residents and local employees, which would have a negative impact on the sustainability of the City, including employers’ abilities to maintain a local workforce, and would otherwise be detrimental to the public health, safety and welfare of the City and its residents. The City has an existing inclusionary housing ordinance within the City Code of 2012, as amended (herein the “City Code”). Adding additional restrictions will bring 220 of 288 60-O-15 ~2~ more developments within the purview of this affordable housing ordinance and will better address the housing development issue at hand. The court in Southwestern Ill. Dev. Auth. v. National City Environmental found “that a lack of decent housing contributes to urban blight, crime, anti-social behavior, disease, a higher need for public assistance, reduced tax revenues, and the migration of workers and their families away from areas which fail to offer adequate, decent, affordable housing”. 199 Ill.2d 225 at 261 (2002). There is a compelling and legitimate public interest in requiring residential developments or developments which contain a residential component to include a certain percentage of dwelling units in a proposed development to be priced affordably for low and moderate income households or to make a payment in accordance to the terms of this Chapter. The requirements provided in the ordinance will allow the City to maintain a diverse population, provide affordable housing for those who work or live in the City, and will promote the public health, safety, and welfare of the residents of the City of Evanston. SECTION 2: Title 5, Chapter 7, “Inclusionary Housing,” of the City Code is hereby further amended to read as follows: 5-7-1. TITLE. This chapter shall be titled and referred to as the INCLUSIONARY HOUSING ORDINANCE. 5-7-2. PURPOSE AND INTENT. The purpose of this Chapter is to promote the public health, safety, and welfare of the residents of Evanston by requiring residential developments or developments which contain a residential component to include a certain percentage of dwelling units in a proposed development to be priced affordably for low and moderate income households or to make a payment in accordance with the terms of this Chapter. Based upon the review and consideration of reports and analyses of the housing situation in the City, it is apparent that the diversity of the City's housing stock has declined as a result of increasing 221 of 288 60-O-15 ~3~ property values and housing costs, and a reduction in the availability of affordable housing; and that, with the exception of housing subsidized by the City, the privately developed new residential housing that is being built in the City generally is not affordable to low and moderate income households. The City recognizes the need to provide affordable owner occupied and rental housing to low and middle-income households in order to maintain a diverse population, and to provide owner occupied and rental housing for those who live or work in the City. Without intervention, the trend toward increasing housing prices and rental rates will result in an inadequate supply of owner occupied and rental affordable housing units for City residents and local employees, which will have a negative impact upon the ability of local employers to maintain an adequate local work force, and will otherwise be detrimental to the public health, safety, and welfare of the City and its residents. Since the remaining land appropriate for new residential development within the City is limited, it is essential that a reasonable proportion of such land be developed into owner occupied dwelling units and rental units that are affordable to low and moderate income households and working families. 5-7-3. DEFINITIONS. For the purposes of administering this Chapter, these definitions shall apply: AFFORDABILITY PERIOD, OWNER OCCUPIED. The time during which the affordability restrictions imposed by this Chapter shall apply to owner occupied affordable dwelling units. Owner occupied affordable dwelling units covered by this Chapter shall remain affordable in perpetuity or as long as allowable by law. The affordability period begins at the time of first occupancy of the affected unit. AFFORDABILITY PERIOD, RENTAL. The time during which the affordability restrictions imposed by this Chapter shall apply to leased affordable dwelling units. Leased affordable dwelling units covered by this Chapter shall remain affordable for a period of twenty-five (25) years, after which the requirements of this Chapter cease to be controlling. The affordability period begins at the time of first occupancy of the affected Affordable Dwelling Unit. AFFORDABLE DWELLING UNIT. All owner occupied or leased dwelling units in a covered development as defined herein. AFFORDABLE HOUSING AGREEMENT. The document signed by the purchaser or lessee of an affordable dwelling unit at the time of sale or lease, along with such other legal documents as may be required, detailing the affordability requirements of the affordable dwelling unit. 222 of 288 60-O-15 ~4~ AFFORDABLE HOUSING, OWNER OCCUPIED. Decent, safe, sanitary housing that is: a) affordable to "households that meet AMI parameters" as set forth in this chapter; and b) to be sold only to "qualified households" as defined herein. The cost of the mortgage payment and relevant expenses (a calculation of property taxes, homeowner's insurance, and, when applicable, condominium or homeowner association fees) of owner occupied dwelling units shall not exceed thirty three percent (33%) of the household's gross annual household income (the total income of all adults over eighteen (18) years of age in the household). AFFORDABLE HOUSING, RENTAL. Decent, safe, sanitary housing that is: a) affordable to households with AMI parameters set forth in this chapter; and b) to be leased only to "qualified households" as defined herein. APPLICANT. Any developer who applies to the department to receive approval of a covered development pursuant to this Chapter. AREA MEDIAN INCOME (AMI). The median income level for the Chicago primary metropolitan statistical area, as established and defined in the annual schedule published by the secretary of the United States Department of Housing and Urban Development and adjusted for household size. CERTIFICATE OF QUALIFICATION. A certificate establishing a qualified household's eligibility to purchase or lease an affordable dwelling unit. Certificates of qualification shall be valid for six (6) months. COMMUNITY LAND TRUST. A private, not for profit corporation which the city may create or authorize organized exclusively for charitable, cultural, or other purposes to acquire and own land for the benefit of the city and low to middle income persons, including the creation and preservation of affordable housing. CONSUMER PRICE INDEX. Consumer price index for all urban consumers as published annually by the United States department of labor, bureau of labor statistics. 223 of 288 60-O-15 ~5~ COVERED DEVELOPMENT. A development containing twenty-five (25) or more dwelling units in a TOD area or a development containing ten (10) or more dwelling units outside a TOD area, on contiguous land under common ownership or control by an applicant at one location within the city, when such dwelling units are to be sold or leased to owner-occupants or tenants. The term “covered development” and the regulations contained in this chapter shall not apply to a development that is designed to provide affordable dwelling units. The term "covered development" includes, without limitation, the following: (A) A development that is new residential construction or new mixed use construction with a residential component. (B) A development that is the renovation, repurposing or reconstruction of an existing multiple-family residential structure that changes the use from rental to owner occupied units or vice versa. (C) A development that will change the use of an existing building from nonresidential to residential. (D) A development built in phases. DEPARTMENT. The Evanston Community Development Department or any successor agency, unless otherwise indicated. DEVELOPER. Any person, firm, corporation, partnership, limited liability company, association, joint venture, or any entity or combination of entities that develops dwelling units, but does not include any governmental entity. DIRECTOR. The director of the City of Evanston Community Development department or his/her designee. HOUSING PROVIDER. A nonprofit entity designated by the city to own affordable dwelling units. INCLUSIONARY HOUSING PLAN. The plan submitted as part of a planned development application which details the development's compliance with the affordable housing requirements of this chapter. LOW INCOME HOUSEHOLD. For homebuyers: a household with a total income equal to or below eighty percent (80%) of the AMI. For renters: a household with a total income equal to or below 50% of the AMI in TOD areas, and equal to or below 60% of the AMI in all other areas. 224 of 288 60-O-15 ~6~ MARKET RATE DWELLING UNITS. All owner occupied or rental dwelling units in a covered development that are not affordable dwelling units as defined herein. MIDDLE INCOME HOUSEHOLD. For homebuyers: a A household with a total income between eighty percent (80%) and one hundred twenty percent (120%) of the AMI in TOD areas, and between 80% and 120% of the AMI in all other areas. For renters: a household with a total income between 50% and 60% of the AMI in TOD areas, and between 60% and 80% of the AMI in all other areas. PROPERTY, RECEIVING PUBLIC FUNDING Any residential development or development containing a residential component, existing or new, that receives or has received any public funds. Public funding is any grant, loan, or subsidy from any Federal, State or local agency or instrumentality, including, but not limited to, the disposition of real property for less than market value, purchase money financing, construction financing, permanent financing, the utilization of bond proceeds and allocations of low income housing tax credits. Public funding shall not include the receipt of rent subsidies pursuant to Section 8 of the United States Housing Act of 1937, as amended, or an exemption or abatement of real property taxes or other such other programs of full or partial exemption from or abatement of real property taxation. PROPERTY, PRIVATELY FUNDED. Any residential development or development containing a residential component, current or n ew, that does not and has not received any public funds. QUALIFIED HOUSEHOLD. A household whose income has been verified as meeting the AMI parameters for a household as detailed in this Chapter and has received a certificate of qualification from the developer or its designee per section 5-7-6 of this chapter. TRANSIT ORIENTED DEVELOPMENT or TOD A development pattern created around a transit station that is characterized by higher density, mixed uses, pedestrian environment, reduced parking, and a direct and convenient access to the transit station. 225 of 288 60-O-15 ~7~ TOD AREA The area that has the designation for an identified transit station and the area around it. The districtarea provides for development that is compatible with and supportive of public transit and a pedestrian-oriented environment. TRANSIT STATION The area including the platform which supports transit usage and that is owned and/or operated by the transit agency. 5-7-4. REQUIREMENTS. (A) General Requirement: For privately funded developments, ten percent (10%) of the total number of dwelling units in a covered development shall be affordable dwelling units. For properties receiving public funds, twenty percent (20%) of the total number of dwelling units in a covered development shall be affordable dwelling units. (B) Calculation: To calculate the number of affordable dwelling units required in a covered development, the total number of proposed dwelling units shall be multiplied by ten or if applicable, twenty percent (10% / 20%). When a requirement of this Ordinance results in a fraction, the following rules apply: 1. Fractions of one-half and more are counted as a whole. 2. Fractions less than one-half are disregarded. 3. The above two rules are also applied in the computation of numbers of dwelling units. (C) TOD Areas: A TOD area may or may not be divided into zones of varying development intensity, as described in this section. Central Street, downtown, Chicago Avenue, etc. The initial boundaries and zones of each TOD area are described in Appendix A. 5-7-5. COMPLIANCE PROCEDURES. (A) Application. The applicant for approval of a covered development shall file an application for approval of the affordable dwelling unit component of the development on a form provided by the Community Development Department and submit it with the application for approval of the development. The application for development shall not be considered complete without the information required by this chapter for the affordable dwelling unit component. The application shall require, and the applicant shall provide, among other things, general information about the nature and scope of the covered development, as well as other documents and information as this chapter and the department may require. The application shall include the inclusionary housing plan referred to under subsection (B) of this section. 226 of 288 60-O-15 ~8~ (B) Inclusionary Housing Plan. The applicant shall submit an inclusionary housing plan on or before time of submission of a building permit that outlines and specifies the covered development's compliance with each of the applicable requirements of this chapter. The inclusionary housing plan shall specifically contain, as a minimum, the following information regarding the covered development: 1. A general description of the covered development. 2. The total number of market rate dwelling units and affordable dwelling units in the covered development. 3. The number of bedrooms in each market rate dwelling unit and each affordable dwelling unit. 4. The square footage of each market rate dwelling unit and each affordable dwelling unit. 5. The general location of each affordable dwelling unit within the covered development. 6. The pricing schedule for each affordable dwelling unit and each market rate dwelling unit. 7. The phasing and construction schedule for each market rate dwelling unit and each affordable dwelling unit. 8. Documentation and plans regarding the exterior and interior appearances, materials, and finishes of the covered developmen t and each of its dwelling units. 9. A description of the marketing plan that the applicant proposes to utilize and implement to promote the sale of the affordable dwelling units within the covered development. 10. Any proposal to make a cash payment, per section 5-7-8 of this chapter, or alternative equivalent action, per section 5-7-9 of this chapter, in lieu of providing affordable dwelling units. 5-7-6. ELIGIBILITY AND PREFERENCE OF HOUSEHOLDS FOR AFFORDABLE DWELLING UNITS. (A) Certificate Of Qualification. The developer, or its designee, shall issue a certificate of qualification to any household the developer, or its designee, has verified meets the AMI threshold requirements for a "relevant household" as set forth in this chapter. 227 of 288 60-O-15 ~9~ (B) Eligibility. 1. The affordable dwelling units within a covered development which are for-sale shall be sold only to owner-occupant qualified households whose primary residence shall be said affordable dwelling units. and whose a. TOD Area: For covered developments in a TOD Area, 50% of units must be sold to households earning up to 100% AMI and 50% of the units sold to households at 80% AMI, both adjusted for household size. b. Outside of TOD Area: For covered developments outside TOD area, 50% of units must be sold to households earning up to 120% AMI and 50% of the units sold to households at eighty percent (80%) AMI, both adjusted for household size. household income does not exceed one hundred percent (100%) of the AMI adjusted for household size. At least twenty-five percent (25%) of the affordable dwelling units shall be sold to qualified households whose income is eighty percent (80%) of the AMI or less adjusted for household size. 2. The affordable dwelling units within a covered development for rent shall be leased only to tenants with qualified households whose primary residence shall be said affordable dwelling unit. a. TOD Area: For covered developments in a TOD Area, 50% of units must be leased to households earning up to 60% AMI and 50% of the units leased to households at 50% AMI, both adjusted for household size. b. Outside of TOD Area: For covered developments outside a TOD Area, 50% of units must be leased to households earning up to 80% AMI and 50% of the units leased to households at 60% AMI, both adjusted for household size. (C)Preference. Priority for affordable dwelling units will be given first to qualified households who currently live in Evanston, or who have lived in Evanston with a member of a household currently living in Evanston, or and to households in which the head of the household or the spouse or domestic partner works in Evanston. (D) Waiting List. The City may create, or authorize the creation, of waiting lists of households for affordable housing units in advance of the construction of those units in order to prioritize households pursuant to Section 5-7-6 (C) After the affordable units within the covered development are fully occupied, 228 of 288 60-O-15 ~10~ households can may complete a preliminary income screening and request to be placed on a waiting list for rental and ownership units. The waiting list will be prioritized with current Evanston residents or with individuals who have lived in Evanston with a member of a household currently living in Evanston, or and to households in which the head of the household or the spouse or domestic partner works in Evanston. 5-7-7. DISTRIBUTION AND ATTRIBUTES OF ON SITE AFFORDABLE DWELLING UNITS. (A) Location Of Affordable Dwelling Units. Affordable dwelling units shall be dispersed among the market rate dwelling units throughout the covered development. (B) Phasing Of Construction. In a multiphase d development, all phases shall include a proportion of affordable dwelling units throughout the covered development. The affordable dwelling units shall never be the last units to be built in any covered development. (C) Exterior Appearance. The exterior appearance of the affordable dwelling units in any covered development shall be visually compatible with the market rate dwelling units in the covered development. External building materials and finishes shall be substantially the same in type and quality for affordable dwelling units as for market rate dwelling units. (D) Interior Appearance and Finishes. Affordable dwelling units shall have the same interior appearance and finishes as basic market rate dwelling units and the bedroom mix of affordable dwelling units shall be in equal proportion to the bedroom mix of the market rate dwelling units. If the bedroom mix creates more options than the number of affordable dwelling units to be built, the affordable dwelling units shall be built with the greater number of bedrooms; e.g., if the bedroom mix provides for four (4) options: efficiency, one bedroom, two (2) bedroom, or three (3) bedroom; but only three (3) affordable dwelling units are to be built, then a one bedroom, a two (2) bedroom, and a three (3) bedroom unit shall be built. (E) Unit Size. Affordable dwelling units shall be similar to market rate dwelling units with a comparable number of bedrooms and subject to the following minimum standards for square footage size of the affordable dwelling unit: Studio 500 square feet 1 Bedroom 750 square feet 2 Bedroom 900 square feet 3 Bedroom 1,200 square feet 229 of 288 60-O-15 ~11~ (F) Energy Efficiency. Standard components related to energy efficiency, including, but not limited to, mechanical equipment and plumbing, insulation, windows, and heating and cooling systems, shall be the same in market rate dwelling units and affordable dwelling units. 5-7-8. CASH PAYMENT IN LIEU OF PROVIDING AFFORDABLE DWELLING UNITS. As of right, an applicant may pay a fee in lieu of building each affordable dwelling unit required by Section 4 of this chapter for the covered development. (A) The fee in lieu amount per affordable dwelling unit shall be either one hundred forty thousand dollars ($100,000 40,000) for units in a TOD area or seventy-five thousand ($75,000) per affordable dwelling unit in a non- TOD area. The fee in lieu is subject to annual review and revision by the city council. (B) All cash payments received pursuant to this chapter shall be deposited directly into the affordable housing fund. (C) Unless otherwise preempted by law, any fee in lieu shall be paid prior to the issuance of a temporary certificate of occupancy for any dwelling unit in the covered development. (D) The in-lieu fee will be calculated at the time the applicant submits an application for a building permit to the Community Development department. The fee, as calculated, will be valid for two years following the date it is calculated by the Community Development department and cannot be reduced within the two-year period for reduction in number of units. 5-7-9. ALTERNATIVE EQUIVALENT PROPOSAL. An applicant may propose to meet the requirements of Section 4 of this chapter by an alternative equivalent action, subject to the review and approval by the City Council. A proposal for an alternative equivalent action may include, but is not limited to, the construction of affordable dwelling units on another site, or acquisition and enforcement of affordability restrictions on existing market rate dwelling units so as to render them affordable dwelling units, or fewer on-site affordable units at prices affordable to households at lower income levels, such as 30% AMI. Any proposal shall show how the alternative proposed will increase affordable housing opportunities in the city to an equal or greater extent than compliance with the express requirements of this chapter. Such proposals for 230 of 288 60-O-15 ~12~ alternatives shall be considered on a case by case basis by the City Council and may be approved at the City Council’s sole discretion, if the City Council determines that such alternative will increase affordable housing opportunities in the city to an equal or greater extent than compliance with the express requirements of this chapter. 5-7-10. REDUCTION OF REQUIREMENTS. Reduction. If the applicant presents clear and convincing financial evidence to the City Council that full compliance with Section 4 of this chapter, payment in lieu as per Section 8 of this chapter, or alternative equivalent action as per Section 9 of this chapter, or any combination thereof would render the development financially infeasible, the applicant may seek a reduction in the required number of affordable dwelling units and/or payment in lieu as to render the project financially feasible. If such a reduction is requested, a detailed explanation shall be provided which demonstrates the financial infeasibility of full compliance with the requirements of this chapter. 5-7-11. AFFORDABILITY CONTROLS. (A) Initial Sale Prices For Affordable Owner Occupied Dwelling Units. 1. Every affordable owner occupied dwelling unit required to be established under this chapter shall be offered for sale or to a good faith purchaser to be used for his or her own primary residence. 2. The affordability period with affordable owner occupied dwelling units shall be for ninety-nine (99) years. 3. At least twenty five percent (25%) of affordable dwelling units shall be priced so as to be affordable to households eighty percent (80%) of AMI, shall be eligible to purchase such unit. 3. In calculating the sales prices of affordable dwelling units, the following relationship between unit size and household size shall be used to determine the income figure at which affordable housing payments are calculated: Unit Size Income Level for Household Size Efficiency 1 Person 1 Bedroom 2 Persons 2 Bedrooms 3 Persons 3 Bedrooms 4 Persons 4 Bedrooms 5 Persons 231 of 288 60-O-15 ~13~ 4.. Prices for a minimum of twenty-five percent (25%) of the sale units shall be calculated on the basis of: a. Housing payments at or below thirty-three one percent (3331%) of the household income for a household at eighty percent (80) the designated income eligibility level (80%, 100% or 120% of AMI)of AMI at the household size corresponding to the size of the unit; b. An available fixed rate thirty (30) year mortgage, consistent with the average rate published from time to time by Freddie Mac; c. A down payment of no more than five percent (5%) of the purchase price; d. A calculation of property taxes; e. A calculation of homeowner's insurance; and f. A calculation of condominium or homeowner association fees; and g. A calculation of private mortgage insurance, if applicable. 5.. Prices for up to seventy-five percent (75%) of the affordable sale units shall be calculated on the basis of: a. Housing payments at or below thirty-three percent (33%) of the household income for a household at one hundred percent (100%) of AMI adjusted for household size; b. An available fixed rate thirty (30) year mortgage, consistent with the average rate published from time to time by Freddie Mac; c. A down payment of no more than five percent (5%) of the purchase price; d. A calculation of property taxes; e. A calculation of homeowner's insurance; and f. A calculation of condominium or homeowner association fees; and (B) Rental Rates for Affordable Dwelling Units 1. Fifty percent (50%) of the affordable dwelling units within the a covered development in TOD shall have affordable rental rates at 6050% AMI and the remaining fifty percent (50%) of affordable dwelling units shall have affordable rental rates at 3060% AMI, pursuant to the annual rental rate schedule published by the Illinois Housing Development Authority. If an uneven number of total 232 of 288 60-O-15 ~14~ affordable units are in the development, the additional affordable unit shall be at 50% of the AMI. 2. Fifty percent (50%) of the affordable dwelling units within a covered development that is not in a TOD area shall have affordable rental rates at 60% AMI and the remaining 50% of affordable dwelling units shall have affordable rental rates at 80% AMI, pursuant to the annual rental rate schedule published by the Illinois Housing Development authority. If an uneven number of total affordable units are in the development, the additional affordable unit shall be at 60% of the AMI. 2. If the most recent edition of the Illinois Housing Development Authority report indicates a lower AMI than the previous edition, the maximum allowable rent shall be adjusted accordingly. 3. The affordability period of an affected leased unit begins at the time of the first occupancy of an affordable unit in the covered development and continues for twenty-five (25) years, after which the affordability requirements of this chapter cease to control the unit. 4. A written lease is required for all leased affordable dwelling units, except for units in an assisted living residence. Final lease agreements are the responsibility of the landlord and the prospective tenant. Tenants are responsible for security deposits and the full amount of the rent as stated on the lease. All lease provisions shall comply with applicable laws and regulations. The landlord shall maintain copies of all leases entered into with a certified household (including an income certification) and distribute a copy to the City upon request. (C) Procedure For Initial Sale Or Lease To The General Public. 1. Sixty (60) days prior to offering any affordable dwelling unit for sale or rent, the applicant shall notify the department in writing of such offering. The notice shall set forth the number, size, price, and location of affordable dwelling units offered, and shall provide a description of each dwelling unit's finishes and availability. The notice shall also include a copy of the inclusionary housing plan, 233 of 288 60-O-15 ~15~ and any such additional information the Director may reasonably require in order to establish compliance with this chapter. 2. The prospective purchaser or lessee shall make application for a "certificate of qualification" on a form provided by the Director. If the developer, or its designee, determines an applicant is qualified pursuant to the requirements of this chapter to purchase or lease an affordable dwelling unit, he/she shall issue a "certificate of qualification" to that applicant. An applicant must provide documents to verify that he or she satisfies these requirements, including an affidavit that the affordable dwelling unit will be his or her primary residence and evidence of income, household size, and residency or employment in Evanston. The developer, or its designee, shall determine whether or not the prospective purchaser or lessee satisfies the requirements of this chapter within six ten (610) business days after receiving the completed application. The developer shall, upon request by the Director, furnish documentation to the City to demonstrate compliance with this section (C). 3. The developer shall not sell or lease any affordable dwelling units without a valid certificate of qualification for the prospective purchaser/lessee. (D) Agreement To Ensure Compliance During The Affordability Period. Prior to issuance of a building permit for any covered development or conveyance of title of any dwelling unit in any covered development, the applicant shall have entered into an agreement with the city regarding the specific requirements and restrictions imposed by the city council upon the approved development. The applicant shall agree to execute any and all documents deemed necessary by the city, including, without limitation, deed restrictions, restrictive covenants, and other related instruments, to ensure the continued affordability of the affordable dwelling units in accordance with this chapter. The agreement shall set forth the commitments and obligations of the city and the applicant, and shall incorporate, among other documents, the inclusionary housing plan. If applicable, the agreement shall also detail the fee in lieu or alternative equivalent action of providing on site affordable dwelling units as set forth in Sections 8 and 9 of this chapter respectively. 234 of 288 60-O-15 ~16~ Rental Compliance. The developer, or its designee, shall submit an annual compliance report describing each affordable unit in detail including but not limited to changes in tenancy, turnovers, and income certifications for all new tenants upon request of the Director. (F) Control Of Resale Prices. The maximum sales price, with the exception of foreclosure sales, permitted on resale of an affordable dwelling unit shall be based on the following formula: 1. The original purchase price plus: a. An inflation adjustment of the original purchase price calculated in accordance with the CPI, using the year of the prior sale as the base year; b. Allowances for closing costs and sales commissions paid by the seller; and c. The fair market value of approved improvements made to the unit between the date of original sale and the date of resale, up to an average of five thousand dollars ($5,000.00) per year. "Approved improvements" are capital improvements which add value to the home, prolong its useful life or adapt it to new uses. Repairs to maintain the home in good condition are not allowable capital improvements. A list of general allowable capital improvements shall be included in the affordability documents signed by the purchaser. (G) First Sale After Affordability Period Ends. 1. This subsection (G) shall apply in the event an affordability period in perpetuity is unlawful or becomes unlawful. Upon the first sale of an affordable dwelling unit after the affordability period ends, the seller shall pay to the city out of the sale proceeds a percentage of the difference between the actual sales price and the current affordable resale price as determined pursuant to subsection (G) of this section. Such sums shall be deposited into the affordable housing fund. The percentage is based upon the number of years the seller owned and occupied the unit, as follows: Years of Ownership Share to Affordable Housing Fund 11 to 15 Years 50 Percent 6 to 10 Years 60 Percent 235 of 288 60-O-15 ~17~ 1 to 5 Years 70 Percent 2. The Director shall determine whether the price and terms of a resale covered by the preceding paragraph meet the requirements of this chapter. Upon a finding of compliance, the Director shall terminate the affordable housing controls and execute a recordable release of all applicable mortgages and restrictions. 3. If an affordable dwelling unit is sold through a foreclosure or other court ordered sale, the affordable restrictions are extinguished, but any remaining net profit shall be returned to the department and deposited into the affordable housing fund. 5-7-12. COMMUNITY LAND TRUST. The City may create or authorize a community land trust to effectuate the purposes of this chapter. Any established or designated land trusts must be staffed by paid employees and be sufficiently operational, subject to the discretion of the City. 5-7-13. INCENTIVES FOR APPLICANTS. For any covered development project that complies with the requirements of this chapter, the city shall follow the procedures described below and provide the described incentives: (A) Expedited Application Process: All applications shall be processed by all city departments before other residential land use applications regardless of the original submittal date. (B) Fee Deferral: All city required fees related to the covered development for plan review, building permit fees or other similar development review fees for the non-affordable dwelling units, which are not subject to a fee waiver per subsection 5-7-13(C), shall be deferred for payment until the issuance of the first temporary certificate of occupancy for a non-affordable dwelling unit. The project applicant shall not receive a fee deferral from payment for any other City fees associated with the covered development, including but not limited to right-of-way fees, demolition fees, and fees related to the commercial portion(s) of the development. (C) Fee Waiver: All projects with a covered development which must comply with the requirements of this Inclusionary Housing Ordinance shall be exempt from all plan review, building permit fees or other similar development review fees for the affordable units. Whenever a project 236 of 288 60-O-15 ~18~ includes a combination of affordable and market rate housing units, fees shall be pro-rated appropriately as determined by the Director and no fees associated with the commercial portion shall be deferred, if applicable. The project applicant shall not receive a waiver from payment of any other fees associated with the covered development, including but not limited to right-of-way fees, demolition fees, or fees related to the commercial portion(s) of the covered development. (D) Bonuses: Density, height, and FAR (floor area ratio) requirements provided in Title 6 are hereby amended for covered developments that provide on-site affordable units, the development is entitled to the following bonuses: Development Bonus In TOD Area Outside TOD Area Density 20% bonus 10% bonus Height 10% bonus 5% bonus FAR 10% bonus 5% bonus (E) Parking: Parking requirements provided in Title 6 are hereby amended for covered developments that provide on-site affordable units, the parking requirements for entire development provided in Title 6, Zoning Code, shall be reduced to: Parking Requirements In TOD Areas Outside TOD Area 0-1 Bedroom 0.5 parking spaces 0.75 parking spaces 2 Bedrooms 1 parking space 1.25 parking spaces 3+ Bedrooms 1.25 parking spaces 1.5 parking spaces 5-7-14. ENFORCEMENT. (A) The provisions of this chapter shall apply to all agents, successors and assignees of an applicant. (B) The City may institute injunction, mandamus, or any other appropriate legal actions or proceedings for the enforcement of this chapter. In addition, any person, firm, or entity, whether as principal, agent, employee or otherwise, who violates, disobeys, omits, neglects, or refuses to comply with or resists the enforcement of any of the provisions of this chapter shall be fined not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00) for each offense. Each day such violation or failure to comply is permitted to exist after notification thereof shall constitute a separate offense. 5-7-15. ADMINISTRATION. 237 of 288 60-O-15 ~19~ In order to ensure compliance with the provisions of this chapter, the City may utilize a maximum of fifteen percent (15%) each year of funds from the affordable housing fund for administration. 5-7-16. SEVERABILITY. The provisions and sections of this chapter shall be deemed separable, and the invalidity of any portion of this chapter shall not affect the validity of the remainder. SECTION 3: The findings in this Ordinance, and the Legislative Record, are declared to be prima facie evidence of the law of the City of Evanston, and shall be received in evidence as provided by the Illinois Compiled Statues, and the courts of the State of Illinois. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: This ordinance shall become effective on January 1, 2016; all subsequent property development applications introduced to City Council after January 1, 2016 shall be subject to all provisions contained herein. Those applications introduced to City Council prior to January 1, 2016 shall be subject to the provisions of the preceding City Code provisions and exempted from the changed and additional provisions. 238 of 288 60-O-15 ~20~ Introduced: _________________, 2015 Adopted: ___________________, 201 5 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 239 of 288 !( R1 R1 R3 R1 T1 U2 OS OS R4 R3 B1a OSR5 O1 R1 R5 B1a R1 R3 R3 R3 R3 R5 C2 B1a OS C2 G r e e n B a y R d P r a i r i e A v e Lincoln St Central St Grant St Harrison St Colfax St C olfax St St e w a r t A v e Noyes St Isabella St Jackson AveMcCormick BlvdP o p l a r A v e Chancellor St Pr a i r i e A v e IsabellaSt Jenks StHarrison StWoodbine AveP o p l a r A v eHarrison StHartrey AveP o p l a r A v e Broadway AveEastwood AveAshland AveGrey AveBrown AveDodge Ave0 270 540135Feet ¯Central St. Metra TOD Area1/8 Mile from Station + prop. within 1/4 mile of station with frontagealong Central St. or Green Bay Rd. Property within TOD area 240 of 288 !( R1 R4 T1 U2 R1 R4 O1 O1 R1 OS B1 R5 R5 O1 B2 OS C2 Ridge AveColfax St Isabella St Colfax St Lincoln St Central St Jackson AveBryant AveAsbury AveWesleyAveNoyesCtGarrison AveGirard AveLivingstonSt ChancellorSt Noyes CtClinton Pl Colfax St Asbury AveRosalie St ChancellorSt Grant St Je n ks St Central St Ridge Ter Milburn StSheridan RdAshland AveBryant AveWesleyAveHamptonPkwyGirard Ave0 270 540135Feet ¯Central St. CTATOD Area1/8 Mile from Station + all prop. with frontage along Central St.between Central St. CTA and Metra Stations Property within TOD area 241 of 288 R1 U1 T1 OS T2 B1 OS OS R5 OS B1 U1a R4a T1 R6 R6C1 RP U1 C2 C2 R5 R5O1 R4 R4a R5 C2 Elg i n R dRidge AveColfax St Leonard Pl Grant St Noyes St Emerson St Noyes St BryantAveMaple AveOak AveNoyes CtSimpson St Leon Pl Hamlin St Library Pl Dartmouth Pl Haven St Foster StNoyes CtColfax St Simpson St Gaffield Pl Garnett Pl Simpson St Pratt CtSherman AveOrrington AveBryant Ave0 210 420105Feet ¯Noyes - Foster TOD Area1/8 mile from CTA Stations Property within TOD area 242 of 288 !( !( !( !( R1 U3 T1 T2R5 B1 U1a R4a T1 R6 R6 B1 C1 RP U1D4C2 D2 D3 R6 R4 R4 R6 R1 D2 D4 D4 D4 D1OS R5 D1 OS OS R3 R5 C2 R6 R5 R3 OSB2 B1R3R1 C2 R5 R5 O1 R4 R4a R1 R5 C2 D3 D2 D2 R4 O1 Elmwood AveShermanAveElginRd Clark St Orrington AveDempster StRidge AveDavis St Greenwood St Grove St Church St Asbury AveLyons St Emerson St Maple AveOrrington AveBenson AveU niversity PlUniversity Pl Clark St G re e n B a y R d ShermanAveShermanAveFoster St D r y d e n Pl Garnett Pl Oak AvePratt CtClark St Sher manPlLeon Pl Hinman AveRidge AveMaple AveChicago AveOak AveSherman AveSaintMarksCtSheridan RdE a st R ailr o a d A v e 0 325 650162.5 Feet ¯Davis St. Metra/CTA TOD Area1/4 Mile from Stations + all prop. with frontagealong Chicago Ave. between Clark St. and Howard St. Property within TOD area 243 of 288 !( R6 R6 R1 D4 D4 D1 R5 D1 OS R3 R5 C2 R6 R5 R3 OS B2 B1 R1 R3 C1 R5 R5 R3 C2MUE R1 D3 D2 Maple AveGrove St Greenleaf St Lake St Greenwood St Dempster St Hamilton St Davis St Chicago AveCusterAveCrain St Sherman PlHinmanAveHinman AveElmwood AveSherman AveJudson AveJudsonAv eSherman Ave0 200 400100Feet ¯Dempster St. TOD Area1/8 Mile from Station + all prop. with frontagealong Chicago Ave. between Clark St. and Howard St. Property within TOD area 244 of 288 !(!( R1R3 C1R5 C2 MUE R5 OS B2 R5 OS B1 B2 OS B1 R6 C1a R4 C2 OS R1 R2 R5MXE R5 R3 OS OSMXE R1 Washington St Lee St Madison St CusterAveMain St Monroe St Lee St Sherman AveChicago AveCusterAveJudson AveHinman AveCal lan Ave LindenPl Keeney StElmwood AveSeward St Reba Pl Kedzie StMaple AveForest AveHinman AveForest AveElmwood AveJudson Ave0 260 520130Feet ¯ Main St. TOD Area1/8 Mile from Metra/CTA Stations + prop. within 1/4 Mile withfrontage along Main St. + all prop. with frontagealong Chicago Ave. between Clark St. and Howard St. Property within TOD area 245 of 288 !( R1 C1a C2R2 R5 MXER5 OS R3 OS OS MXE R5 R4 B1 R4 I2C1Custer AveKeeney St Oakton St Austin St Mulford St Judson AveChicago AveHinmanAveHull Ter Sherman AveLinden Pl Hinman AveForest AveSouth Blvd Seward St Reba Pl Monroe St Callan AveCal lan Ave 0 190 38095Feet ¯South Blvd. TOD Area1/8 mile from CTA Station + prop. within 1/4 mile from Station and with frontage along Chicago Ave Property within TOD area 246 of 288 !( OS R5 I2 C1 OS B3Chicago Ave Brummel St Howa rd S t Mulford St Case Pl Clyde Ave0 140 28070Feet ¯Howard St. TOD Area1/8 mile from CTA Station + prop. within 1/4 mile from Station and with frontage along Chicago Ave Property within TOD area 247 of 288 Permitted Existing Maximum w/ Site Dev. Allowance Proposed bonus w/ affordable housing on site Permitted Existing Maximum w/ Site Dev. Allowance Proposed bonus w/ affordable housing on site Density 300 sq.ft. /DU 400 sq. ft. / DU FAR 4.5 8 8.45 (10% increase)5.4 6 6.54 (10% increase) Height 85'170'-220'178.5'- 228.5' (10% increase)105'145'155.5' (10% increase) Parking Requirement 0-1BD-1.25; 2BD- 1.5; 3BD+=2 0-1BD=0.5; 2BD=1; 3BD+ = 1.25 0-1BD-1.25; 2BD- 1.5; 3BD+=2 0-1BD=0.5; 2BD=1; 3BD+ = 1.25 Permitted Existing Maximum w/ Site Dev. Allowance Proposed bonus w/ affordable housing on site Permitted Existing Maximum w/ Site Dev. Allowance Proposed bonus w/ affordable housing on site Density 1500 sq. ft. for first 4 units + 800 sq. ft. for each additional unit 20% bonus 40% bonus (20% increase)900 sq. ft. /DU 20% bonus 40% bonus (20% increase) FAR N/A N/A N/A 2 3 3.2 (10% increase) Height 50 ft. / 5 stories 62'67' (10% increase)40' / 3 st.52'56' (10% increase) Parking Requirement 0-1BD-1.25; 2BD- 1.5; 3BD+=2 0-1BD=0.5; 2BD=1; 3BD+ = 1.25 0-1BD=0.5; 2BD=1; 3BD+ = 1.25 Permitted Existing Maximum w/ Site Dev. Allowance Proposed bonus w/ affordable housing on site Permitted Existing Maximum w/ Site Dev. Allowance Proposed bonus w/ affordable housing on site Density 1500 sq. ft. for first 4 units + 800 sq. ft. for each additional unit 20% bonus 30% bonus (10% increase)900 sq. ft. /DU 20% bonus 30% bonus (10% increase) FAR N/A N/A N/A 2 3 3.1 (5% increase) Height 50 ft. / 5 stories 62'64.5' (5% increase)40' / 3 st.52'54' (5% increase) Parking Requirement 0-1BD-1.25; 2BD- 1.5; 3BD+=2 0-1BD=0.75; 2BD=1.25; 3BD+ = 1.5 0-1BD=0.75; 2BD=1.25; 3BD+ = 1.5 Examples of Proposed Developer Incentives R5 B1a D3 D4 Outside of TOD Areas TOD Areas R5 B1a 248 of 288 For City Council meeting of October 26, 2015 Item P6 Ordinance 120-O-15: Clarification of Distance Requirements for Payday Loan Establishments For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Damir Latinovic, Planning and Zoning Administrator Meagan Jones, Neighborhood and Land Use Planner Subject: Ordinance 120-O-15 Zoning Ordinance Text Amendment –Payday Loan Establishments 15PLND-0073 Date: October 1, 2015 Recommended Action: The Plan Commission and staff recommend City Council adoption of Ordinance 120-O- 15, a Zoning Ordinance Text Amendment to clarify the existing distance requirement between Payday Loan and Consumer Loan Establishments. The proposed amendment will make it easier for potential businesses to learn about the distance requirement at the same time they find out in which district the use is allowed, which currently is only the C2 Commercial District. This ordinance was introduced at the October 12, 2015 City Council meeting. Background Payday Loan and Consumer Loan establishments are defined in the Zoning Ordinance as: Any business that makes or offers a loan transaction where a cash advance, post- dated check, or other financial instrument, which the parties agree will be held for a period of time before presentment for payment or deposit, is accepted as collateral for the loan, or by which a loan transaction is made or offered in lieu of a title to personal or real property, in an amount not exceeding twenty-five thousand dollars ($25,000.00), that is not expressly done through a bank, savings and loan association, or credit union. No payday loan or consumer loan establishment shall be permitted within one thousand (1,000) feet, measured property line to property line, of another such establishment. This definition and distance separation requirement was established in 2012 in order to distinguish payday or consumer loan establishments from other financial institutions, such as banks or mortgage companies, as well as to prevent clustering of this use in one area. These uses are currently only permitted in the C2 Commercial District as a special use. Memorandum 249 of 288 The distance requirement, however, is only mentioned in the definition of the use, but not in the C2 district section of the Code where the use is listed as allowed. Because a potential business owner is much more likely to simply look in which zoning district such use is allowed and not check the Definition section of the Zoning Ordinance, staff is proposing to reference the distance requirement within the C2 district where the use is allowed. The underlined language below would be added to the Section 6-10-4-3, “Special Uses” in C2 district: Payday loan or consumer loan establishment (subject to the distance and general requirements set forth in Section 6-18-13, “Definitions” of this Title under “Payday Loan or Consumer Loan Establishment”). The proposed Zoning Ordinance Text Amendment to clarify the 1,000 foot distance separation requirement between payday loan and consumer loan uses meets the standards for approval of amendments per Section 6-3-4-5 of the City Code. The proposed amendment will make it easier for potential businesses to learn about the distance requirement at the same time they find out in which district the use is allowed. The amendment will also maintain consistency within the City Code where similar distance separation requirements are specified in each zoning district where a particular use is allowed. No other changes are proposed to the Zoning Ordinance. Legislative History September 9, 2015 – The Plan Commission recommended approval of the proposed text amendment with a 6-0 vote. Attachments Proposed Ordinance 120-O-15 Plan Commission Meeting Minutes 09/09/2015 - Draft Link to Plan Commission Packet for 09/09/2015 250 of 288 9/2/2015 9/10/2015 120-O-15 AN ORDINANCE Amending City Code Subsection 6-10-4-3, “Special Uses” in the C2 District, to Clarify Distance Requirements Between Payday Loan or Consumer Loan Establishments WHEREAS, on September 9, 2015, the Plan Commission held a public hearing, pursuant to proper notice, regarding case no. 15PLND-0073 to consider an amendment to the text of Title 6 of the Evanston City Code of 2012, as amended (the “Zoning Ordinance”), relating to the clarification of the one thousand (1,000) foot distance separation requirement between payday loan or consumer loan establishments; and WHEREAS, the Plan Commission received testimony and made written findings pursuant to Section 6-3-4-5 of the Zoning Ordinance that the proposed amendment meets the standards for text amendments, and recommended City Council approval thereof; and WHEREAS, at its meeting of October 12, 2015, the Planning and Development Committee of the City Council considered and adopted the findings and recommendation of the Plan Commission in case no. 15PLND-0073 and recommended City Council approval thereof; and WHEREAS, at its meetings of October 12, 2015 and October 26, 2015, the City Council considered and adopted the records and recommendations of the Plan Commission and the Planning and Development Committee, 251 of 288 120-O-15 ~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: Subsection 6-10-4-3 of the Zoning Ordinance, “Special Uses” in the C2 District, is hereby amended to read as follows: The following uses may be allowed in the C2 district, subject to the provisions set forth in Section 6-3-5, "Special Uses," of this Title: Animal hospital. Aquaponics. Automobile body repair establishment. Banquet hall. Car wash. Commercial parking garage. Commercial parking lot. Convenience store. Craft-brewery. Daycare center—Adult (subject to the general requirements of Section 6-4-3 of this Title). Daycare center—Child (subject to the general requirements of Section 6-4-2 of this Title). Daycare center—Domestic animal. Drive-through facility (accessory or principal). Hotel. Kennel. 252 of 288 120-O-15 ~3~ Media broadcasting station. Membership organization. Micro-Distillery. Open sales lot. Payday loan or consumer loan establishment (subject to the distance and general requirements set forth in Section 6-18-3, “Definitions” of this Title under “Payday Loan or Consumer Loan Establishment”). Planned development (subject to the requirements of Section 6-10-1-9, "Planned Developments," of this Chapter and Section 6-3-6, "Planned Developments," of this Title). Resale establishment. Restaurant—Type 2. Urban farm, rooftop. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 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: 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. 253 of 288 120-O-15 ~4~ Introduced:_________________, 2015 Adopted:___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 254 of 288 DRAFT Page 1 of 5 Plan Commission Minutes 09/09/2015 MEETING MINUTES PLAN COMMISSION Wednesday, September 9, 2015 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Room 2404 Members Present: Jim Ford (Chair), Colby Lewis, Peter Isaac, Terri Dubin, Andrew Pigozzi, Simon Belisle, Patrick Brown Members Absent: Carol Goddard, Kwesi Steele Associate Members Present: Stuart Opdycke 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 Presiding Member: Jim Ford, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM Chairman Ford called the meeting to order at 7:02 P.M. He also welcomed new Commissioner Patrick Brown and Meagan Jones, Neighborhood and Land Use Planner. 2. APPROVAL OF MEETING MINUTES: July 8, 2015 Commissioner Lewis made a motion to approve the minutes from July 8, 2015. Commissioner Dubin seconded the motion. A voice vote was taken and the minutes were approved unanimously. 3. NEW BUSINESS Chairman Ford explained the general meeting procedure, schedule, agenda items, time limits on public testimony and opportunities for cross examination of witnesses. Chairman Ford concluded by saying that the Plan Commission forwards a recommendation to the City Council which makes the final determination on any matters discussed by the Plan Commission. A. ZONING ORDINANCE TEXT AMENDMENT 15PLND-0073 Distance Requirement Between Payday Loan or Consumer Loan Establishments 255 of 288 DRAFT Page 2 of 5 Plan Commission Minutes 09/09/2015 A Zoning Ordinance Text Amendment to City Code Title 6, Zoning, to clarify the 1000 foot distance separation requirement between payday loan or consumer loan establishments. Mr. Latinovic presented the staff report. The proposal is for a text amendment which would add the existing 1,000 foot distance requirement between payday loan and consumer loan establishments to the “Special Use” listing u nder the C2 commercial district ordinance in the zoning code. The distance requirement already exists, therefore, this amendment would not be changing any regulations and the distance requirement would be staying the same. This would allow for consistency in the code and make the regulations for this use more visible to those looking for more information on the use. Commissioner Lewis inquired if the definitions are needed in two places or if language could be added directing people to where regulations are in one area of the code. Commissioner Ford asked if this text amendment would be consistent with other uses. Mr. Latinovic stated that, as an example, a similar distance requirement is in place for firearm ranges. Commissioner Belisle asked if there would be other cases similar to this brought before the commission. Mr. Latinovic stated that this is a possibility. Staff consulted with legal on possible amendments and this was the easiest of the uses to fix. There was consideration of combining this amendment with that of the next case in a single ordinance but the recommendation was to bring the items separately. Generally, the City prefers to process these kinds of amendments individually. Commissioner Belisle made a motion to recommend approval of the text amendment. Commissioner Lewis stated that he would prefer amending the language in the definitions section also that would refer people to the special use section listing this use so that any future text amendments only need to be updated in one place within the zoning code. Mr. Treto responded that, for consistency, language can be added to the use listing that clarifies that the use is subject to distance requirements as delineated in the relevant subsection of the code. A brief discussion on possible alternatives for displaying the distance requirement followed. Chairman Ford stated that the proposed motion could be amended taking the updated language to the definitions section into account. Commissioner Dubin seconded the motion. A roll call vote was taken and the motion was approved 6-0. Ayes: Commissioners Lewis, Dubin, Belisle, Pigozzi, Brown and Chairman Ford Nays: None B. ZONING ORDINANCE TEXT AMENDMENT 15PLND-0074 Height Requirements for Planned Developments in the D3 District 256 of 288 DRAFT Page 3 of 5 Plan Commission Minutes 09/09/2015 A Zoning Ordinance Text Amendment to City Code Title 6, Zoning, to specify that the height of any story of a building approved as a planned development in the D3 Downtown District may be excluded from the calculation of building height when seventy-five percent (75%) or more of the gross floor area of such story consists of parking required for the building, with a maximum exemption of four (4) stories or forty (40) feet, whichever is less, to match other downtown districts. Mr. Latinovic presented the staff report. He explained that, for each downtown district, there is a provision that allows for four levels of parking to be excluded for height calculations. However, for planned developments, the D3 downtown district is the only district where this exclusion is not allowed. The proposed change would create more consistency among current regulations for planned developments in each of the downtown districts and provide a more equitable review of projects in the downtown districts. He then highlighted the varying existing building height limits within the downtown districts and their possible height allowances, comparing them against the D3 District. The outer districts, specifically D4 could potential allow a taller building than in the D3 district in the downtown core. Both the Downtown and Comprehensive Plans call for taller, denser development in the downtown core. Mr. Latinovic stated that other cities encourage parking underground and provide height development allowances when underground parking is included. He then explained that underground parking is a very expensive undertaking for Evanston given the underground water table levels due to the proximity to the lake. This provision was included based on the 1989 Plan calling for the core to be centered around transit stops and called for public parking structures where developments could share parking. This was in accordance with a comprehensive parking and traffic plan for the area. Also the current regulations require retail on the ground levels of new developments, especially when parking is provided on site Commissioner Lewis asked if this amendment would be consistent with the recently approved Transit Oriented Development (TOD) study. Mr. Latinovic answered that this particular amendment is more for consistency purposes not to encourage parking to be provided on-site. Staff does believe in need for reduced parking requirements in TOD areas. Commissioner Lewis asked if this text amendment would encourage more parking. Staff is working with RTA on a study to amend and codify the parking regulations in TOD areas. This would create an overhaul of the regulations and could change parking regulations as they relate to these developments. Commissioner Dubin asked what other cities had been looked at as a comparison for this regulation. Ms. Jones responded that staff looked at: Chicago; Boulder, CO; Cambridge, MA; Oak Park, IL; and Pasadena, CA; Chairman Ford asked if there were any comments from the Public on this matter. Jessica Feldman, resident, stated that she was on the committee that worked on the Downtown Plan and noted that the regulations were suggested to ensure that the Plan Commission had discretion over the review of more complicated developments 257 of 288 DRAFT Page 4 of 5 Plan Commission Minutes 09/09/2015 in this area and the process was designed to be more complex because of that. She also expressed concern over chipping away at the Downtown Plan and the possible lack of public review for more complex developments. There were no questions for Ms. Feldman. A Northwestern student asked if the proposed amendment would change the character of the area given that there is residential use also allowed in the D3 District. Mr. Latinovic stated that there is no proposed change to uses within this district so there should be no impact on the character of the neighborhoods. Generally most recent planned developments have requested height allowances so this amendment would be in line with those allowances. Chairman Ford also clarified that residences in this case refers more to apartments within high-rise buildings, not single family homes. Associate-Commissioner Opdycke asked if there were any plans to codify the 2009 Downtown Plan. Mr. Latinovic explained that the Plan was a two or three year plan ultimately approved in 2009. The Plan included a draft zoning code for the downtown area that consisted of 9 new zoning districts. The topic went before the Plan Commission but did not go before Council. There has been no direction from City Council to City staff to pursue the larger overhaul of the downtown district regulations. Commissioner Lewis inquired if the process would still allow for discretion over height and density of developments. Mr. Latinovic replied yes and that this amendment will have no effect on the overall process for a planned development approval. All proposed planned developments would still come before the Plan Commission for review. Chairman Ford asked for clarification on how a developer would benefit from this text amendment as it appears this provision would just allow for shifting of leasable space up instead of increasing density which would provide more economic benefit . Commissioner Lewis stated that increased density or benefit to potential leases could be a positive outcome for developers. Mr. Latinovic stated that FAR calculation does not include parking. If a developer wishes to build an 85 foot high building, he/she would be required to provide a certain amount of parking. If they provide parking then they may need to request a variance or development allowance for height due to that requirement. So a conflict within the code is created for the developer. Associate Commissioner Pigozzi stated that a parking study is usually a big part of the analysis in creating a development project and is a key part of weighing costs/ benefits. This text amendment gives the developer more tools for building a smarter building and not just maximizing the FAR. Commissioner Dubin asked what processes are in place to ensure that a development does not build a development with floors of a concrete wall for parking. Mr. Latinovic stated that aesthetics are considered in the review process and that staff works with developers throughout the process to ensure the most logical and desired design for a building. There are also Design Guidelines for Planned 258 of 288 DRAFT Page 5 of 5 Plan Commission Minutes 09/09/2015 Developments. City Staff has focuses on quality of design. More flexibility is given so that parking can be in place and have a more appealing aesthetic. Associate Commissioner Opdycke mentioned that the City does have a lot of leverage in the process and if it does not like a project, it is able to stop it from moving forward. He then asked what was to become of the proposed Downtown Plan regulations as they relate to building height. Mr. Latinovic responded that the Downtown Plan is used as a guideline while the zoning code is the rule and requirement. Downtown development is directed to have more density and height in the core which staff and council use to aid in decision making. Commissioner Lewis asked if staff will pursue a TOD plan for this area and if the findings in the plan being developed will have an effect on these regulations. Mr. Latinovic responded that the TOD Parking requirement study currently being done with the RTA will most likely lead to a suggestion for less required parking in TOD areas Associate Commissioner Opdycke asked that staff give the Downtown Plan serious consideration. Maple Avenue project gave significant weight to the Downtown Plan. Commissioner Pigozzi made a motion to recommend approval of the text amendment as requested. Commissioner Belisle seconded the motion. A roll call vote was taken and the motion was approved 6-0. Ayes: Commissioners Pigozzi, Belisle, Lewis, Dubin, Brown and Chairman Ford Nays: None 4. OTHER BUSINESS Mr. Latinovic stated that the Zoning Committee will be meeting next week (September 16, 2015) to discuss a text amendment regarding impervious surfaces. 5. PUBLIC COMMENT No public comment was received. 6. ADJOURNMENT There being no further discussion, Commissioner Lewis made a motion to adjourn the meeting. Commissioner Pigozzi seconded the motion. A voice vote was taken and the motion was approved by voice call 6-0. The meeting was adjourned at 7:58 pm. Respectfully Submitted, Meagan Jones Neighborhood and Land Use Planner Community Development Department 259 of 288 Item P7 For City Council meeting of October 26, 2015 Ordinance 121-O-15: Building Height Requirements in the D3 District For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Damir Latinovic, Planning and Zoning Administrator Meagan Jones, Neighborhood and Land Use Planner Subject: Ordinance 121-O-15, Zoning Ordinance Text Amendment –Height requirements for Planned Developments in the D3-Downtown Core Development District 15PLND-0074 Date: October 1, 2015 Recommended Action: The Plan Commission and staff recommend City Council adoption of Ordinance 121-O- 15, a Zoning Ordinance Text Amendment to specify that, for planned developments in the D3 District, the height of up to four (4) stories (or 40 feet, whichever is less) of parking levels may be excluded from the calculation of building height to match the current regulations in other downtown zoning districts. This ordinance was introduced at the October 12, 2015 City Council meeting. Background The general height regulations for the D3 district allows for up to four (4) levels of parking (or 40 feet, whichever is less) to be excluded from the overall building height calculation when seventy-five percent (75%) or more of the gross floor area of such story consists of parking required for the building. Currently this exemption does not apply to projects approved as Planned Developments in the D3 district. However, the exemption is applicable to Planned Developments in all other downtown districts (D1, D2 and D4). This could result in taller buildings on the periphery of the downtown than in the center of the downtown. The D3 Downtown Core Development District is intended to provide the highest density of development in downtown Evanston. As in all other districts, buildings over 20,000 square feet of gross floor area are required to be approved as planned developments. Because of the scale of downtown developments, most new buildings in the D3 District are approved as Planned Developments. The Planned Development review process ensures that new buildings follow guidelines stated in the Design Guidelines for Planned Development and are consistent with the Comprehensive General Plan and the Downtown Evanston Plan. The D3 District is located in the center of downtown and is surrounded by a number of districts: D1 Downtown Fringe, D2 Downtown Retail Core, Memorandum 260 of 288 D4 Downtown Transition, RP Research Park, and to a smaller extent, the O1 Office and R6 General Residential Districts. The adjacent districts are intended to provide a transition from the dense core development area to the residential areas that lie on the outer edges of the downtown. Because the D3 District is the only downtown district in which planned developments are not permitted to exclude parking levels from their building height calculation, this could result in taller buildings on the periphery of the downtown (D4-Downtown Transition District) than in the center of the downtown. The existing height restrictions are outlined in the table below. District Height Restriction - Base Zoning Max Height for PDs with Site Development Allowance D1 Downtown Fringe District 42 feet 66 feet (+ up to 40’ of parking = 106 feet) D2 Downtown Retail Core District 42 feet 85 feet (+ up to 40’ of parking = 125 feet) D3 Downtown Core Development District 85 feet 170 feet (220 feet on lots wider than 95’) D4 Downtown Transition District Without residential - 85 feet With residential - 105 feet Without residential 125 feet (+ up to 40’ of parking = 166 feet) With residential 145 feet (+ up to 40’ of parking = 185 feet) Proposal Overview To match the regulations of other downtown districts, the proposed amendment would eliminate the provision applicable only to planned developments in the D3 district that does not allow up to four (4) levels of parking (or 40 feet whichever is less) to be excluded from the overall calculation of building height. Both the Comprehensive General Plan and the Downtown Evanston Plan call for the core of the downtown to have higher density and height than surrounding zoning districts to accommodate a mix of uses typically allowed in the central business district. The downtown core is also home to Metra and CTA Davis Street stops where City has traditionally allowed highest density for transit oriented developments. The proposal is also consistent with the Downtown Plan’s objectives of establishing more predictable and sensible development controls. Allowing the same height exemption for parking levels within the core of the downtown as is applicable to other downtown districts will allow for more equitable review and approval process of all planned developments throughout the downtown districts. The proposed amendment would improve inconsistent regulations throughout the downtown districts that are confusing to residents, developers and staff. Legislative History September 9, 2015 – The Plan Commission recommended approval of the proposed text amendment with a 6-0 vote. Attachments Proposed Ordinance 121-O-15 261 of 288 Plan Commission Meeting Minutes 09/09/2015 - Draft Link to Plan Commission Packet for 09/09/2015 262 of 288 9/2/2015 121-O-15 AN ORDINANCE Amending City Code Subsection 6-11-1-10(C)(1), “Developmental Allowances” for Planned Developments in the Downtown Districts and Subsection 6-18-3, “Definitions” WHEREAS, on September 9, 2015, the Plan Commission held a public hearing, pursuant to proper notice, regarding case no. 15PLND-0074 to consider an amendment to the text of Title 6 of the Evanston City Code of 2012, as amended (the “Zoning Ordinance”), to specify height requirements of a building approved as a planned development in the D3 Downtown District to match other downtown districts; and WHEREAS, the Plan Commission received testimony and made written findings pursuant to Section 6-3-4-5 of the Zoning Ordinance that the proposed amendment meets the standards for text amendments, and recommended City Council approval thereof; and WHEREAS, at its meeting of October 12, 2015, the Planning and Development Committee of the City Council considered and adopted the findings and recommendation of the Plan Commission in case no. 15PLND-0074 and recommended City Council approval thereof; and WHEREAS, at its meetings of October 12, 2015 and October 26, 2015, the City Council considered and adopted the records and recommendations of the Plan Commission and the Planning and Development Committee, 263 of 288 121-O-15 ~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: Subsection 6-11-1-10(C)(1) of the Zoning Ordinance, “Development Allowances” for Planned Developments in the Downtown Districts, is hereby amended to read as follows: 1. The maximum height increase over that otherwise permitted in the downtown districts shall be as follows: (a) D1 Twenty-four (24) feet. (b) D2 Forty-three (43) feet. (c) D3 Eighty-five (85) feet. (For lots that exceed ninety-five (95) feet in width a tower or towers may be erected to a height of two hundred twenty (220) feet, provided that the tower or towers above a height of 42 feet, shall be set back not less than thirty (30) feet from any front lot line or side lot line abutting a street and twenty-five (25) feet from an interior side lot line. Further, no tower shall be located less than fifty (50) feet from any other tower located on the same lot.) (d) D4 Forty (40) feet. Except in the D3 district, the The height of any story of a building approved as a planned development pursuant to Section 6-3-6 of this Title may be excluded from the calculation of building height when seventy-five percent (75%) or more of the gross floor area of such story consists of parking required for the building, excluding mechanical penthouse, however, in no case shall this exclusion be greater than four (4) stories or forty (40) feet, whichever is less. 264 of 288 121-O-15 ~3~ SECTION 3: The definition for “Building Height, Mean” in Subsection 6- 18-3 of the Zoning Ordinance, “Definitions,” is hereby amended to read as follows: BUILDING HEIGHT, MEAN: (A) The perpendicular distance measured from the established grade to the high point of the roof for a flat roof, the deck line of a mansard roof, and to the mean height level for gable, hip or gambrel roofs. Mean height level is computed as the average of the height of the high poin t of the roof and the highest level where the plane of the main roof, excluding dormers, intersects the plane of an outside wall below the main roof. Chimneys and spires shall not be included in calculating the height nor shall mechanical penthouses or solar collectors, provided the penthouses and collectors cannot be seen from the street. The highest point of the following structures or structure features is used as the high point of the roof in computing mean height level when said structure or feature is: 1) the highest point of the structure and 2) has an outer perimeter enclosing an area of sixteen (16) square feet or more regardless of the presence of floor. Said structure or feature is treated as a spire when having an outer perimeter enclosing an area of less than sixteen (16) square feet. Said structures or features include: turrets, towers, belfries, cupolas, lanterns, window's walks or similar structures. (B) The height of any story of a structure shall be excluded from the calculation of its height when seventy-five percent (75%) or more of the gross floor area of such story consists of parking required for the structure (excluding mechanical penthouse or solar collector). This exclusion of required parking from the calculation of building height shall be applicable to all permitted and special uses in the B3, D2, D3, and D4 zoning districts including planned developments , with the exception of planned developments in the D3 zoning district . Where the required parking exclusion is applicable, it shall in no case be greater than four (4) stories or forty (40) feet, whichever is less. (C) Anywhere in this zoning ordinance where the words building height are indicated without designation of mean building height or absolute building height the reference is to mean building height. 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 held unconstitutional or otherwise invalid, such invalidity 265 of 288 121-O-15 ~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 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: 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:_________________, 2015 Adopted:___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 266 of 288 DRAFT Page 1 of 4 Plan Commission Minutes 09/09/2015 MEETING MINUTES PLAN COMMISSION Wednesday, September 9, 2015 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Room 2404 Members Present: Jim Ford (Chair), Colby Lewis, Peter Isaac, Terri Dubin, Andrew Pigozzi, Simon Belisle, Patrick Brown Members Absent: Carol Goddard, Kwesi Steele Associate Members Present: Stuart Opdycke 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 Presiding Member: Jim Ford, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM Chairman Ford called the meeting to order at 7:02 P.M. He also welcomed new Commissioner Patrick Brown and Meagan Jones, Neighborhood and Land Use Planner. 2. APPROVAL OF MEETING MINUTES: July 8, 2015 Commissioner Lewis made a motion to approve the minutes from July 8, 2015. Commissioner Dubin seconded the motion. A voice vote was taken and the minutes were approved unanimously. 3. NEW BUSINESS Chairman Ford explained the general meeting procedure, schedule, agenda items, time limits on public testimony and opportunities for cross examination of witnesses. Chairman Ford concluded by saying that the Plan Commission forwards a recommendation to the City Council which makes the final determination on any matters discussed by the Plan Commission. B. ZONING ORDINANCE TEXT AMENDMENT 15PLND-0074 Height Requirements for Planned Developments in the D3 District 267 of 288 DRAFT Page 2 of 4 Plan Commission Minutes 09/09/2015 A Zoning Ordinance Text Amendment to City Code Title 6, Zoning, to specify that the height of any story of a building approved as a planned development in the D3 Downtown District may be excluded from the calculation of building height when seventy-five percent (75%) or more of the gross floor area of such story consists of parking required for the building, with a maximum exemption of four (4) stories or forty (40) feet, whichever is less, to match other downtown districts. Mr. Latinovic presented the staff report. He explained that, for each downtown district, there is a provision that allows for four levels of parking to be excluded for height calculations. However, for planned developments, the D3 downtown district is the only district where this exclusion is not allowed. The proposed change would create more consistency among current regulations for planned developments in each of the downtown districts and provide a more equitable review of projects in the downtown districts. He then highlighted the varying existing building height limits within the downtown districts and their possible height allowances, comparing them against the D3 District. The outer districts, specifically D4 could potential allow a taller building than in the D3 district in the downtown core. Both the Downtown and Comprehensive Plans call for taller, denser development in the downtown core. Mr. Latinovic stated that other cities encourage parking underground and provide height development allowances when underground parking is included. He then explained that underground parking is a very expensive undertaking for Evanston given the underground water table levels due to the proximity to the lake. This provision was included based on the 1989 Plan calling for the core to be centered around transit stops and called for public parking structures where developments could share parking. This was in accordance with a comprehensive parking and traffic plan for the area. Also the current regulations require retail on the ground levels of new developments, especially when parking is provided on site Commissioner Lewis asked if this amendment would be consistent with the recently approved Transit Oriented Development (TOD) study. Mr. Latinovic answered that this particular amendment is more for consistency purposes not to encourage parking to be provided on-site. Staff does believe in need for reduced parking requirements in TOD areas. Commissioner Lewis asked if this text amendment would encourage more parking. Staff is working with RTA on a study to amend and codify the parking regulations in TOD areas. This would create an overhaul of the regulations and could change parking regulations as they relate to these developments. Commissioner Dubin asked what other cities had been looked at as a comparison for this regulation. Ms. Jones responded that staff looked at: Chicago; Boulder, CO; Cambridge, MA; Oak Park, IL; and Pasadena, CA; Chairman Ford asked if there were any comments from the Public on this matter. Jessica Feldman, resident, stated that she was on the committee that worked on the Downtown Plan and noted that the regulations were suggested to ensure that the Plan Commission had discretion over the review of more complicated developments 268 of 288 DRAFT Page 3 of 4 Plan Commission Minutes 09/09/2015 in this area and the process was designed to be more complex because of that. She also expressed concern over chipping away at the Downtown Plan and the possible lack of public review for more complex developments. There were no questions for Ms. Feldman. A Northwestern student asked if the proposed amendment would change the character of the area given that there is residential use also allowed in the D3 District. Mr. Latinovic stated that there is no proposed change to uses within this district so there should be no impact on the character of the neighborhoods. Generally most recent planned developments have requested height allowances so this amendment would be in line with those allowances. Chairman Ford also clarified that residences in this case refers more to apartments within high-rise buildings, not single family homes. Associate-Commissioner Opdycke asked if there were any plans to codify the 2009 Downtown Plan. Mr. Latinovic explained that the Plan was a two or three year plan ultimately approved in 2009. The Plan included a draft zoning code for the downtown area that consisted of 9 new zoning districts. The topic went before the Plan Commission but did not go before Council. There has been no direction from City Council to City staff to pursue the larger overhaul of the downtown district regulations. Commissioner Lewis inquired if the process would still allow for discretion over height and density of developments. Mr. Latinovic replied yes and that this amendment will have no effect on the overall process for a planned development approval. All proposed planned developments would still come before the Plan Commission for review. Chairman Ford asked for clarification on how a developer would benefit from this text amendment as it appears this provision would just allow for shifting of leasable space up instead of increasing density which would provide more economic benefit . Commissioner Lewis stated that increased density or benefit to potential leases could be a positive outcome for developers. Mr. Latinovic stated that FAR calculation does not include parking. If a developer wishes to build an 85 foot high building, he/she would be required to provide a certain amount of parking. If they provide parking then they may need to request a variance or development allowance for height due to that requirement. So a conflict within the code is created for the developer. Associate Commissioner Pigozzi stated that a parking study is usually a big part of the analysis in creating a development project and is a key part of weighing costs/ benefits. This text amendment gives the developer more tools for building a smarter building and not just maximizing the FAR. Commissioner Dubin asked what processes are in place to ensure that a development does not build a development with floors of a concrete wall for parking. Mr. Latinovic stated that aesthetics are considered in the review process and that staff works with developers throughout the process to ensure the most logical and desired design for a building. There are also Design Guidelines for Planned 269 of 288 DRAFT Page 4 of 4 Plan Commission Minutes 09/09/2015 Developments. City Staff has focuses on quality of design. More flexibility is given so that parking can be in place and have a more appealing aesthetic. Associate Commissioner Opdycke mentioned that the City does have a lot of leverage in the process and if it does not like a project, it is able to stop it from moving forward. He then asked what was to become of the proposed Downtown Plan regulations as they relate to building height. Mr. Latinovic responded that the Downtown Plan is used as a guideline while the zoning code is the rule and requirement. Downtown development is directed to have more density and height in the core which staff and council use to aid in decision making. Commissioner Lewis asked if staff will pursue a TOD plan for this area and if the findings in the plan being developed will have an effect on these regulations. Mr. Latinovic responded that the TOD Parking requirement study currently being done with the RTA will most likely lead to a suggestion for less required parking in TOD areas Associate Commissioner Opdycke asked that staff give the Downtown Plan serious consideration. Maple Avenue project gave significant weight to the Downtown Plan. Commissioner Pigozzi made a motion to recommend approval of the text amendment as requested. Commissioner Belisle seconded the motion. A roll call vote was taken and the motion was approved 6-0. Ayes: Commissioners Pigozzi, Belisle, Lewis, Dubin, Brown and Chairman Ford Nays: None 6. ADJOURNMENT There being no further discussion, Commissioner Lewis made a motion to adjourn the meeting. Commissioner Pigozzi seconded the motion. A voice vote was taken and the motion was approved by voice call 6-0. The meeting was adjourned at 7:58 pm. Respectfully Submitted, Meagan Jones Neighborhood and Land Use Planner Community Development Department 270 of 288 For City Council meeting of October 26, 2015 Item O1 Resolution 100-R-15: Small Business Workforce Development Program Funding For Action To: Honorable Mayor and Members of the City Council From: Wally Bobkiewicz, City Manager Paul Zalmezak, Senior Economic Development Coordinator Kevin Brown, Community Services Manager Subject: Resolution 100-R-15, Evanston Small Business Workforce Development Program Funding Date: October 16, 2015 Recommended Action: Staff and the Economic Development Committee recommend City Council adopt Resolution 100-R-15 authorizing the City Manager to administer the Small Business Workforce Development Program. This will authorize creation of the Evanston Small Business Workforce Development Program and provide funding totaling $24,000 for the remainder of 2015. The program would launch on November 2, 2015 upon City Council approval. Funding Source: The Economic Development Fund’s Business Retention/Expansion Fund (Account # 225.21.5300.62662). The approved Fiscal Year 2015 Budget allocated a total of $300,000 for this account. To date, $16,176.89 has been committed from this account. Summary: Staff is recommending the creation of the Evanston Small Business Workforce Development Fund to support local economic growth by helping to: 1) support local city businesses and agencies that increase skill and educational attainment, 2) find and retain employment, and 3) close local workforce skills gaps to meet the needs of growing in-demand industries for Evanston residents. Staff is recommending that the fund support “earn and learn” workforce development models in eight target areas based upon the 2015 Chicago Cook Workforce Partnership (Partnership) report – “Where are the jobs in Cook County?” These areas would form the foundation of a City supported workforce development program. They are: 1) IT 2) Sales, 3) Business & Financial, 4) Healthcare, 5) Office & Administrative, 6) Transportation, 7) Food Service, and 8) Manufacturing. Memorandum 271 of 288 Earn and learn strategies help employers to address skill shortages by training new workers in job specific skills and protocols while receiving partial reimbursement for employee wages. Employers are able to hire employees based upon fit and attitude, and employees are able to earn a wage as they train. This model benefits the public by investing tax dollars into local businesses and citizens. According to the Partnership report, in the first quarter of 2015 there were nearly 180,000 job postings in the eight occupational groups. Also, listed among the top 20 Cook County employers were local employers Presence Health, Northwestern University, CVS Caremark, Whole Foods Market Inc., and Northshore University Health System. Staff will work with the Law Department to create a detailed program agreement. A draft application is attached. The key components of the proposed Evanston Small Business Workforce Development Program are summarized as follows: Funding Similar to other Economic Development initiatives funding for the Evanston Workforce Development Program would be funded on an annual basis. For FY 2015, staff is recommending a total of $24,000 which will result in a minimum of 12 Evanston residents at the industry standard of $3,000 per employee. Funding would occur on a reimbursement basis after the participant is placed in employment for a period of no less than 90 days. Application Review Applicants could apply at any time during the year, similar to the Storefront Modernization Program until funds are exhausted. Economic Development and Youth and Young Adult Program staff will review applications and in partnership submit for EDC and City Council review. The review will include a vetting of participants to verify residency and to verify participant is not already receiving job training support through other agencies to avoid duplication of services and to maximize population impacted by programs. Preference will be given for training programs that result in a job readiness certification. Applicants will be required to provide a defined job placement plan. Applicant Eligibility Evanston-based small businesses in the eight targeted industry areas are eligible to apply for funding. The applicant would be eligible for one round of funding annually and capped at $15,000 (i.e. five participants). Business owners with multiple businesses or businesses with multiple locations are eligible for the maximum of $15,000 to be allocated amongst multiple locations. Background: The concept for the development of this program originated from a discussion at City Council. On May 11, 2015, the City Council considered a funding request for a 272 of 288 workforce development initiative proposed by Curt’s Cafe. The matter was deferred to a later meeting after Alderman Holmes and Alderman Miller requested staff to: 1) Provide more information about the process for selecting recipients of economic development funding for workforce development initiatives; 2) determine a fair process for other Evanston businesses that provide similar workforce development services to the at-risk and ex-offender population; 3) verify program funding is directed exclusively to Evanston resident participants in the program; and 4) clarify staff’s role in case management. In response to the City Council’s concerns, staff returned to City Council on May 26, 2015 and received approval to fund Curt’s Café. In addition, staff agreed to return to Economic Development Committee at a future date with a proposal to offer annual or semi-annual rounds of funding to Evanston-based businesses that provide on the job workforce development opportunities for Evanston resident at-risk and ex-offender populations. Legislative History The Economic Development Committee voted unanimously 9-0 on September 2, 2015 to recommend approval of the program and funding of $36,000 for an October 1, 2015 launch. However, due to the rescheduling of the September 28, 2015 City Council meeting, the program will launch November 1, 2015. Attachments: -Resolution 100-R-15 -Program Guidelines -Draft applications 273 of 288 10/12/2015 100-R-15 A RESOLUTION Authorizing the City Manager to Administer the Small Business Workforce Development Program WHEREAS, the City recognizes a need for Evanston residents to be trained in eight specific workforce categories of information technology, sales, business & financial, healthcare, office & administrative, transportation, food service and manufacturing; and WHEREAS, the City seeks to utilize and involve existing small businesses in Evanston to train unemployed and underemployed Evanston residents through the creation of a „Small Business Workforce Development Program‟; and WHEREAS, the desired outcome of the Small Business Workforce Development Program is the achievement of completion of apprenticeships or other job training programs and/or related work experience in a trade in a small business located in Evanston, simultaneously reducing unemployment and underemployment in Evanston; and WHEREAS, the City Council finds that devoting Tax Increment Financing funds and/or Economic Development funds for grants to businesses seeking to be a part of the Small Business Workforce Development Program to be in the best interests of the City of Evanston and its residents, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: 274 of 288 100-R-15 ~2~ SECTION 1: The City Manager along with Economic Development and Youth and Young Adult Program staff, are hereby authorized and directed to administer the Small Business Workforce Development Program, attached hereto as Exhibit “1” and incorporated herein by reference is the Agreement. SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional conditions of the Agreement as he may determine to be in the best interests of the City. SECTION 3: This Resolution 100-R-15 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: __________________, 2015 275 of 288 100-R-15 ~3~ EXHIBIT 1 WORKFORCE DEVELOPMENT PROGRAM FUNDING GUIDELINES 276 of 288 City of Evanston Small Business Workforce Development Program Guidelines C I T Y M A N A G E R ’S O F F I C E E C O N O M I C D E V E L O P M E N T D I V I S I O N 2100 R IDGE A VENUE , E VANSTON , I LLINOIS 60201 847-448-8100 | INFO@EVANSTONEDGE.COM | WWW .EVANSTONEDGE.COM | WWW.CITYOFEVANSTON.ORG 277 of 288 City of Evanston – Small Business Workforce Development Program P a g e | 2 Contents Program Purpose and Overview ................................................................................................ 3 Definitions .................................................................................................................................. 3 Eligibility Criteria ........................................................................................................................ 4 Program Steps ........................................................................................................................... 5 Small Business Workforce Development Program Administration .............................................. 6 Acknowledgement of Program Terms ........................................................................................ 8 Notice to Proceed ...................................................................................................................... 9 Certificate of Employee .............................................................................................................10 278 of 288 City of Evanston – Small Business Workforce Development Program Guidelines P a g e | 3 Program Purpose and Overview A. Overview: The City of Evanston has made it a priority to retain and create opportunities for small businesses to thrive in Evanston. The Economic Development Division strives to meet this City of Evanston goal with the creation of the Evanston Small Business Workforce Development Program (the “Program”). The Program will utilize Economic Development funds to provide grants to new and existing small businesses within the Program guidelines provided herein. Administration of the Program will be coordinated by the Economic Development Division in consultation with the City Manager and other appropriate City departments. B. Purpose: The purpose of the Evanston Small Business Workforce Development Program (“the Program”) is to educate and train individuals to meet the needs of current and future business and industry in order to maintain a sustainable competitive economic environment. The Program will support individuals in “earn and learn” workforce development models in eight target areas that are based upon the Chicago Cook Workforce Partnership (“Partnership”) – “Where are the jobs in Cook County?” 2015 Report. These areas would form the foundation of a City of Evanston supported workforce development program. They are: 1) IT, 2) Sales, 3) Business & Financial, 4) Healthcare, 5) Office & Administrative, 6) Transportation, 7) Food Service, and 8) Manufacturing. Earn and learn strategies help employers to address skill shortages by training new workers in job specific skills and protocols while receiving partial reimbursement for employee wages. Employers are able to hire employees based upon fit and attitude, and employees are able to earn a wage as they train. This model benefits the public by investing tax dollars into local businesses and citizens. Program participants are eligible to receive a rebate upon the competition of their approved workforce development program followed by job placement of the trainee. The rebate is in the form of a grant. Definitions a. “Participant” means the business entity applying for a rebate for providing on the job training in conformance with Program guidelines and determined eligible by the City Council or City Manager or his/her designee to participate in the Program. b. “Program Guidelines” means the “City of Evanston Small Business Workforce Development Program Guidelines” approved by the City Council that govern the funding and administration of the program. All terms not defined herein shall have the meanings ascribed thereto in the Program Guidelines. c. “Rebate” means $3,000 (Three Thousand and no/100 Dollars) per trainee and each participant business can have 5 trainees per year for total Rebate per participant/per year at $15,000 (Fifteen Thousand and no/100 Dollars). d. “Trainee” means an Evanston resident seeking on-the-job training by a business entity participating in the Small Business Workforce Development Program in one of eight industries (1) IT, 2) Sales, 3) Business & Financial, 4) Healthcare, 5) Office & Administrative, 6) Transportation, 7) Food Service, or 8) Manufacturing). 279 of 288 City of Evanston – Small Business Workforce Development Program Guidelines P a g e | 4 Eligibility Criteria A. Eligible Business Participants: Evanston-based businesses in the Program’s eight targeted industry areas are eligible to apply for funding.  The applicant would be eligible for one round of funding annually and capped at $15,000.  This funding level would support up to five Evanston-resident trainees per business at $3,000 maximum per trainee.  Business owners agree to pay trainee during the Program for the hours of on-the-job training.  Business owners with multiple businesses or businesses with multiple locations in Evanston would be eligible for the maximum of $15,000 to be allocated amongst the multiple locations.  The business is reimbursed once the training participant is placed in a job for at least 90 days. Applicants would propose their own “earn and learn” job training model which provides opportunities for grassroots creative approaches to training. B. Ineligible Participants: Any of the following will make a business ineligible for Program participation:  Business is not an Evanston-based business;  Workforce trainees who have previously received workforce development funding from the City of Evanston;  Participant has outstanding water bills with the City of Evanston;  Government offices and agencies (non-governmental tenants are eligible);  Owner of business has received grant or loan funds from the City of Evanston and in default of its obligation under the loan agreement or grant agreement. C. Eligible Trainees: The workforce development program trainee must be an Evanston resident verified by state issued identification, utility bills, bank statements and/or copy of lease/mortgage statements. D. Eligible Project: The workforce development program applicant must be an Evanston-based business of 20 or fewer employees in one of the following industries: 1) Information Technology 2) Sales, 3) Business & Financial, 4) Healthcare, 5) Office & Administrative, 6) Transportation, 7) Food Service, or 8) Manufacturing. 280 of 288 City of Evanston – Small Business Workforce Development Program Guidelines P a g e | 5 Program Steps Step 1: Arrange to Meet with Staff. Applicants should schedule a meeting with Economic Development Division and Youth and Young Adult Division staff to discuss the program, ask questions, and obtain application materials. Paul Zalmezak Senior Economic Development Coordinator (847) 448-8013 pzalmezak@cityofevanston.org Kevin Brown Community Services Manager (847) 448-8042 kebrown@cityofevanston.org Step 2: Application Submission. Applications for the City of Evanston Small Business Workforce Development Program may be submitted at any time. The application can be completed online at www.evanstonedge.com/programs/workforcedevelopment Step 3: Staff Application Review Process. Applications will be accepted throughout the year until funds are committed. Economic Development Division and Youth and Young Adult Division staff will review applications and in partnership submit for Economic Development Committee and City Council Review. The review will include a vetting of participants to verify residency and to verify participant is not already receiving job training support through other agencies to avoid duplication of services and to maximize population impacted by programs. Strong consideration will be given to applicants who have a demonstrated capacity to achieve the Program’s goal of job readiness and job placement. After Applications are submitted, Staff will:  Evaluate each project submitted to determine if Application is complete.  Confirm eligibility of proposed workforce development program;  Identify appropriate funding sources for the proposed project;  Confirm business is located in Evanston and follows the eligibility requirements stated above.  Prepare recommendations of approval of funds to the appropriate Committee. Staff will evaluate Applications on the following criteria:  Business owner demonstrated capacity to provide job training;  Clearly defined job placement plan;  Business has a clear action plan for the training with respect to clear and definite goals, expectations for trainee, as well as professional job fairs, seminars, workshops and other outreach opportunities that the trainee could utilize to seek full-time employment  Industry specific certifications such as CDL, food safety, pharmacy tech, etc.  Training in one of the following 1) Information Technology, 2) Sales, 3) Business & Financial, 4) Healthcare, 5) Office & Administrative, 6) Transportation, 7) Food Service, or 8) Manufacturing. Step 4: Public Review and Approval Process. Staff will submit recommendations to the Economic Development Committee for funding of the Program annually. Economic 281 of 288 City of Evanston – Small Business Workforce Development Program Guidelines P a g e | 6 Development Division staff in consultation with the City Manager will review and make the final decisions on funding of each applicant within the established funding limits and the guidelines contained herein. Step 5: Program Participation Approval and Acknowledgment Forms. Following approval by City staff, Participants will be required to execute a form entitled Acknowledgement of Program Terms (Form A), to ensure that the Program participants agree to all terms and requirements contained within this Small Business Workforce Development Guidelines and agrees to follow the requirements for continued Program compliance. Once the Acknowledgement has been executed to the satisfaction of the City Manager, a Notice to Proceed will be issued to the Participant (Form B). Step 6: Program Trainee Approval for Participant Business. The applicant must submit the name and proof of residence of individuals participating in the training program. Staff will also verify if participant is receiving workforce development support from partner agencies. Step 7: Training Program Completed by Trainee at Participant Business. Participant shall finance the Project and pay the Trainee wages during participation in the Program. The Participant will document the training that took place, the work completed and materials purchased for the training. Such invoices shall include proof of payment to all contractors, suppliers, and trainees. The minimum training under the Program shall be 200 hours per trainee and documented with a trainee log that will be submitted with the request for a rebate. Participant is required to maintain accurate and sufficiently detailed records. The Participant shall manage, implement, perform, provide, and carry out in a timely manner all of the tasks, activities, and services set forth in the Small Business Workforce Development Program Guidelines in order to receive funding. Step 8: Participant Business submits documentation for Rebate. See Paragraph C below under Program Administration details regarding documentation that is needed for rebate issuance. Small Business Workforce Development Program Administration The Program provides participants the opportunity to receive a rebate upon completion of the workforce development program and job placement for a minimum of 90 days. A. Funding Source(s): Projects will be funded through: tax increment financing (TIF) within applicable TIF Districts and/or the Economic Development Fund. B. Rebate: Funding would occur on a reimbursement basis after the trainee is placed in employment for a period of no less than 90 days in employment field and verification is provided by Program participant business. The training Program for each trainee must be completed within nine months of the Notice to Proceed issuance. The applicant is eligible for one round of funding per year and capped at $15,000 ($3,000 per trainee and maximum number of trainees is 5 individuals). Business owners with multiple businesses or businesses with multiple locations are eligible for the maximum of $15,000 to be allocated amongst multiple locations. 282 of 288 City of Evanston – Small Business Workforce Development Program Guidelines P a g e | 7 C. Program Documentation Prior to Rebate Issuance: The following are required to be submitted to the City of Evanston (mail or e-mail is acceptable):  Attach a photocopy of all Certificates of Employee (Form C), along with a copy of the payroll records for each employee in the Program and proof of City of Evanston residency for each employee in the Program. Payroll records must be redacted prior to sending to the City, removing social security numbers and date of birth prior to transmittal.  Description of trade/work performed by employee(s), start and end dates, total hours worked.  Trainee log(s) with outlined tasks and must total not less than 200 hours per trainee. Obligation to Refrain from Discrimination A. Participant covenants and agrees for itself, its successors and its assigns to the Property, or any part thereof, that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, marital status, national origin or ancestry, or age or physical or mental disabilities that do not impair ability to work, and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. B. That, if it hires additional employees in order to perform this contract, or any portion hereof, it will determine the availability of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. C. That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all Participants will be afforded equal opportunity without discrimination because of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, or disability. No Agency Created The Participant and any contractor, supplier, vendor or any third party hired by Participant to complete the Project are not agents of the City. Any provisions of this Agreement that may appear to give the City any right to direct the Participant concerning the details of the obligations under this Agreement, or to exercise any control over such obligations, shall mean only that the Participant shall follow the direction of the City concerning the end results of the obligations. 283 of 288 City of Evanston – Small Business Workforce Development Program Guidelines P a g e | 8 FORM A ACKNOWLEDGEMENT OF PROGRAM TERMS I, ______________________, _________________(title), acknowledge that I have read and understand the contents of the Small Business Workforce Development Program Guidelines provided to me as a participant in the Program. I certify that I have the authority to execute this acknowledgment on behalf of the participant business. By signing below, I understand and will ensure that the Participant business will follow the Guidelines and it is the responsibility of the Participant to do so and not the responsibility of the City of Evanston. __________________________ _______________________ Name (Print) Date __________________________ Name (Signature) 284 of 288 City of Evanston – Small Business Workforce Development Program Guidelines P a g e | 9 FORM B NOTICE TO PROCEED DATE Successful Applicant [Street address] Evanston, IL 6020X Dear Applicant: Thank you for your interest in the City of Evanston Small Business Workforce Development Program. This letter is to inform you that your application has been granted approval and inform you of the next steps in the process. Your application has been approved for up to $_________ in reimbursement for a total of ____ trainees at the business. The next step is to read program guidelines enclosed and sign the Acknowledgment of Program Terms, to document that the terms and conditions of participation in the Program are clear and you agree to follow the guidelines. Once this acknowledgment is submitted, you will have nine (9) months to complete the training of the employees and submit the necessary paperwork to the City for review. Upon completion of the training, you will need to submit the paperwork outlined in the guidelines to us in order to receive reimbursement. Please let me know if you require additional information or have any questions. We’re glad your business is in Evanston and look forward to assisting you. Sincerely, Johanna Nyden, Economic Development Division Manager 285 of 288 City of Evanston – Small Business Workforce Development Program Guidelines P a g e | 10 FORM C CERTIFICATE OF EMPLOYEE The Participant business is required to complete and sign this certificate with its submission of the request for a Rebate. Participant must fill in the name of each trainee, the total number of hours training was provided, and the industry category that the training was provided in to correspond to the eight categories outlined in the Program guidelines. Employee Name Total Number of Training Provided Industry Training Provided I, ______________________, _________________(title), affirm under penalties of perjury and upon personal knowledge that the contents of the foregoing certificate are true and accurate. By signing below, I acknowledge that I am issuing this certification to request a rebate from the City of Evanston. I acknowledge that any omission or inaccurate information could jeopardize the approval of the rebate. __________________________ _______________________ Name (Print) Date __________________________ Name (Signature) 286 of 288 Draft Application and Reimbursement Forms The application and request for reimbursement forms will be web based and can be found at the links below. Information requested on the forms follow each link. Application Draft https://arts.formstack.com/forms/small_business_workforce_development Business Information 1. Business Name 2. Legal Entity Name 3. Address 4. Business Telephone 5. Business Structure: For Profit, Non-Profit, other 6. Total number of existing employees 7. Estimated number of participants to be trained 8. Wage of participants to be trained 9. Full or Part time? 10. Industry: 1) IT 2) Sales, 3) Business & Financial, 4) Healthcare, 5) Office & Administrative, 6) Transportation, 7) Food Service, and 8) Manufacturing Owner/Applicant Information 11. Owner Name 12. Owner Address 13. Mobile Phone 14. Email address Training Program Information 15. Describe the training program in detail / attach proposal 16. Projected start date 17. Projected end date 18. Location 19. Have you received workforce development / training funds from other organizations? If so, please summarize here 20. Please provide a narrative demonstrating your capacity to deliver this program and to place individuals in jobs. 21. Please describe your experience in delivering workforce development training programs and job placement. 22. Please provide contact information for individuals who we may contact to learn more about your experience providing workforce development training. 287 of 288 Request for Reimbursement Draft https://arts.formstack.com/forms/small_business_workforce_development_reimbursement Business Information 1. Business Name 2. Legal Entity Name 3. Address 4. Business Telephone Owner/Applicant Information 1. Owner Name 2. Owner Address 3. Mobile Phone 4. Email address Trainee Information 5. Trainee Name 6. Trainee Address 7. Trainee Phone 8. Trainee Email Training Program Information 9. Training Program Industry: 1) IT 2) Sales, 3) Business & Financial, 4) Healthcare, 5) Office & Administrative, 6) Transportation, 7) Food Service, and 8) Manufacturing 10. Training Program Start Date 11. Training Program End Date 12. Describe the training program in detail 13. Document skills obtained 14. Document certifications obtained 15. What additional services or skill development may be required? 16. Would the trainee benefit from mentoring? Job Placement Information 17. Start date 18. Business name 19. Business address 20. Business Manager Name 21. Business Manager Phone 22. Business Manager Email 23. Job Placement Industry: 1) IT 2) Sales, 3) Business & Financial, 4) Healthcare, 5) Office & Administrative, 6) Transportation, 7) Food Service, and 8) Manufacturing 288 of 288