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Home My WebLink AboutCCAP 32315 final CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, March 23, 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 and Proclamations Mayors Summer Youth Employment Job Fair, March 27, 2015 School for Little Children, Celebrating 80 Years National Public Health Week, April 6-12, 2015 (III) City Manager Public Announcements American Public Works Association Awards Evanston Lobby Day in Springfield, April 14, 2015 (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: FY2014 Financial Report (VII) Consent Agenda: Alderman Rainey 1 of 521 City Council Agenda March 23, 2015 Page 2 of 8 (VIII) Report of the Standing Committees Administration & Public Works - Alderman Burrus Planning & Development - Alderman Fiske Human Services - Alderman Braithwaite (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) FY2014 Year End Financial Report Staff recommends City Council accept the unaudited year-end Financial Report for FY 2014 and place on file. For Action: Accept and Place on File CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting of March 9, 2015. For Action ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through March 8, 2015 $2,608,653.60 (A2) FY2015 City of Evanston Bills – March 24, 2015 $3,430,137.21 For Action (A3.1) Approval of 2015 Agreement for New Tire Purchases with Wentworth Tire Service Staff recommends that City Council authorize the City Manager to execute a one- year agreement to purchase tires in the amount of $60,000 from Wentworth Tire Service (300 North York Road, Bensenville, IL) under the State Bid Contract # 4017722. Funding is provided by the budget for Tires and Tubes Account 600.26.7710.65065, which has an approved amount of $87,233 in each fiscal year. Funding will be split between two fiscal years, 2015 ($50,000) and 2016 ($10,000). For Action 2 of 521 City Council Agenda March 23, 2015 Page 3 of 8 (A3.2) Approval of Vehicle Purchase for Youth Engagement from the Auto-Barn in Evanston Staff recommends City Council approval for purchase of a pre-driven vehicle for the Youth Engagement Division of one (1) 2014 model year four (4) door Nissan Altima Sedan in the amount of $15,779 from the Auto Barn of Evanston (1012 Chicago Avenue, Evanston). Funding is provided by the Equipment Replacement Fund Account 601.26.7780.65550, which has a FY2015 budget of $1,950,000. For Action (A3.3) Approval of Police and Fire Replacement Vehicles and Mower Purchases for 2015 Staff recommends City Council approval for the purchase of twelve (12) vehicles for Police Department, two (2) vehicles for Fire Department, and two (2) mowers for Public Works in the total amount of $484,590.82 as follows: from Currie Motors, (9423 W. Lincoln Highway, Frankfort, IL) in the amount of $384,987.24 and from Reinders (3816 Carnation Street in Franklin Park, IL) in the amount of $99,603.58. Funding for fifteen (15) vehicles/units will be provided by the Equipment Replacement Fund Account 601.26.7780.65550 in the amount of $463,328.13, and by Parks & Forestry Maintenance and Operations Account 100.26.2655.65550 in the amount of $21,262.69. For Action (A3.4) Approval of Contract Extension for Purchase of Concrete from Ozinga Ready Mix Concrete, Inc. Staff recommends City Council authorize the City Manager to execute the final, one-year contract extension with Ozinga Ready Mix Concrete, Inc. (2222 South Lumber Street, Chicago, IL) for the purchase of concrete at a total cost of $65,200. Funding is provided by the FY2015 Street and Alley Account 100.26.2670.65055 in the amount of $50,000; the Water Fund Account 510.71.7115.65051 in the amount of $7,600; and the Sewer Fund Account 515.71.7400.65051 in the amount of $7,600. For Action (A3.5) Approval of Contract with A. Lamp Concrete Contractors Inc. for 2015 Water Main Replacement & Street Resurfacing Project CIP I (Bid 15-13) Staff recommends that City Council authorize the City Manager to execute a contract for the 2015 Water Main Replacement & Street Resurfacing CIP I Project with A. Lamp Concrete Contractors Inc. (1900 Wright Blvd., Schaumburg, IL) in the amount of $3,478,157.52. Funding is provided by the Water Fund (733086.65515) in the amount of $2,727,162.38, Sewer Fund (7420.65515) in the amount of $217,543.85, and CIP Street Resurfacing Fund (415855.65515) in the amount of $533,451.29. For Action 3 of 521 City Council Agenda March 23, 2015 Page 4 of 8 (A4) Approval of Change Order No. 1 with Kenny Construction for the 2015 Cured-In-Place Pipe Lining Contract A (Bid 15-01) Staff recommends City Council authorize the City Manager to execute Change Order No. 1 for the 2015 CIPP Sewer Rehabilitation Contract A with Kenny Construction Company (2215 Sanders Road, Suite 400, Northbrook, IL) in the amount of $80,770. This will increase the contract amount from $267,040 to $347,810. This change order is for rehabilitation of the sewer beneath an alley that Northwestern University will be resurfacing this summer. For Action (A5) Approval of 2015 Special Events Calendar Staff recommends City Council approval of the 2015 calendar of special events, contingent upon compliance of all requirements as set forth by the Special Event Policy & Guidelines. This year’s calendar includes 6 new events and 1 returning street event that would like to relocate to Raymond Park. For Action (A6) Resolution 34-R-15: Collective Bargaining Agreement with the Fraternal Order of Police Labor Council – Sergeants Staff recommends City Council adoption of Resolution 34-R-15 authorizing the City Manager to execute a collective bargaining agreement with the Fraternal Order of Police Labor Council (FOP) – Sergeant bargaining unit, effective January 1, 2015 through December 31, 2017. City Council approval will ratify the tentative agreements executed throughout the negotiation process. For Action (A7) Resolution 31-R-15, Regarding Southwest TIF District Surplus Staff recommends the City Council adoption of Resolution 31-R-15 declaring and distributing a surplus of $905,308 from the Southwest (TIF) District at the end of Fiscal Year 2014. For Action (A8) Resolution 33-R-15, Authorizing the City Manager to Execute the Lincoln Street Resurfacing Project Agreement with Northwestern University Staff recommends City Council adoption of Resolution 33-R-15, authorizing the City Manager to execute the Lincoln Street Resurfacing Project Agreement with Northwestern University. Evanston’s not-to-exceed amount for this work is $651,500. Funding is provided by the Water Fund, Account 513.71.7330.65515 - 733107, which has a FY 2015 Capital Improvement Plan allocation of $2,000,000 for finished water storage projects. For Action 4 of 521 City Council Agenda March 23, 2015 Page 5 of 8 (A9) Ordinance 24-O-15, Taxing Medical Marijuana Staff recommends the City Council adoption of Ordinance 24-O-15., which would establish a tax on cannabis sales from a cultivation center to a dispensary. The Illinois Compassionate Use of Medical Cannabis Pilot Program, 410 ILCS 130/1 et seq. (the “Act) allows for the sale and use of medical cannabis in the State of Illinois, subject to strict restrictions. The Act allows the City of Evanston to impose a tax on the cultivation center for the privilege of cultivating medical cannabis at a rate of 6% of the sales price per ounce. For Introduction (A10) Ordinance 29-O-15, Authorizing of the City Manager to Negotiate for the Sale of City-Owned Real Property Located at 1821 Ridge Avenue Staff recommends adoption of Ordinance 29-O-15, “Authorizing the City Manager to Negotiate the Sale of City-Owned Real Property Located at 1821 Ridge Avenue, Evanston, Illinois.” The sale of City-owned real property is a two- step process; an ordinance must be adopted to authorize the City Manager to negotiate the sale of property followed by an ordinance at a later date that authorizes the City Manager to execute a sales contract that memorializes said negotiations. A two-thirds majority of City Council is required to adopt Ordinance 29-O-15. This ordinance was previously held in committee in order to revise Ordinance 29-O-15 to authorize the City Manager to negotiate with other potential purchasers of the property in addition to National Towel Service. For Introduction (A11) Ordinance 26-O-15 to Convene a Public Hearing Proposing the Establishment of a Special Service Area Staff recommends adoption of Ordinance 26-O-15, “Proposing the Establishment of a Special Service Area in the City of Evanston, Illinois and Providing for a Public Hearing and Other Related Procedures”. This ordinance initiates the process for establishing a special service area (SSA) for the business district area around the Main Street, Chicago Avenue, and Dempster Street corridors. It also sets the date for a public hearing on the proposed SSA for April 13, 2015 during the regular City Council meeting. Suspension of the Rules is requested for introduction and adoption by City Council on March 23, 2015. For Introduction and Action (A12) Report Concerning Firearm Regulations in Multi-Family Residences in the City of Evanston Staff recommends that the report be received and placed on file. For Action: Accept and Place on File (A13) Ordinance 6-O-15, Amending Firearm Regulations in the City of Evanston Staff recommends City Council adoption of Ordinance 6-O-15 to amend firearm regulations consistent with state and federal law. This ordinance was introduced at the March 9, 2015 City Council meeting, and will be discussed further at the Administration & Public works Committee meeting on March 23, 2015. For Action 5 of 521 City Council Agenda March 23, 2015 Page 6 of 8 (A14) Ordinance 35-O-15, Amending Title 9, Chapter 5, Regarding Regulations of Leaf Blowers City staff recommends City Council adoption of Ordinance 35-O-15, revising regulations regarding use of leaf blowers in the City of Evanston. This ordinance was introduced at the March 9, 2015 City Council meeting. For Action (A15) Ordinance 31-O-15, Amending the Hazardous Material Cost Recovery Program Staff recommends City Council adoption of Ordinance 31-O-15 to amend the hazardous material cost recovery program to reflect current and updated costs of providing emergency services in certain situations. This ordinance was introduced at the March 9, 2015 City Council meeting. For Action (A16) Ordinance 32-O-15, Increasing the Number of Class T Liquor Licenses for Carter Investments, Inc., d/b/a Feast & Imbibe, 1601 Simpson Street, #3 Staff recommends City Council adoption of Ordinance 32-O-15, which amends Evanston City Code of 2012 Subsection 3-4-6-(T), as amended, to increase the number of authorized Class T liquor licenses from two (2) to three (3) to permit issuance to Carter Investments, Inc., d/b/a Feast & Imbibe (“Company”), 1601 Simpson Street, #3. This ordinance was introduced at the March 9, 2015 City Council meeting. For Action (A17) Ordinance 33-O-15, Increasing the Number of Class D Liquor Licenses for Blaze IL Store 5, LLC d/b/a Blaze Pizza, 1737 Sherman Ave. Staff recommends City Council adoption of Ordinance 33-O-15, which amends Evanston City Code to increase the number of authorized Class D liquor licenses from fifty (50) to fifty-one (51) to permit issuance to Blaze IL Store 5, LLC d/b/a Blaze Pizza (“Company”), 1737 Sherman Ave. This ordinance was introduced at the March 9, 2015 City Council meeting. For Action PLANNING & DEVELOPMENT COMMITTEE (P1) Ordinance 36-O-15, granting a Special Use for a Convenience Store and accessory Type 2 Restaurant, Ad Val’s Sweet, at 900 Chicago Avenue The Zoning Board of Appeals and City staff recommend adoption of Ordinance 36-O-15 granting a special use permit for a Convenience Store and accessory Type 2 Restaurant, Ad Val’s Sweet, in the C1a Commercial Mixed Use District. The applicant has complied with all zoning requirements, and meets all of the standards for a special use for this district. For Introduction 6 of 521 City Council Agenda March 23, 2015 Page 7 of 8 (P2) Ordinance 37-O-15, Granting a Special Use for a Type 2 Restaurant, Epic Burger, at 1622 Sherman Avenue The Zoning Board of Appeals and City staff recommend adoption of Ordinance 37-O-15 granting a special use permit for a Type 2 Restaurant, Epic Burger, 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. For Introduction (P3) Ordinance 22-O-15 Zoning Ordinance Text Amendment for Fences and Invisible Pet Fences The Plan Commission and staff recommend approval of the Zoning Ordinance Text Amendment to modify Section 6-4-6-7, Special Regulations Applicable to Fences and Section 6-18-3, Definitions regarding zoning regulations for Invisible Pet Fences. For Introduction The Plan Commission and staff recommend adoption of Ordinance 20-O-15 and 25-O- 15 (Agenda Items P4.1 and P4.2), which amend the Map and Text of the Zoning Ordinance to establish a new Dempster-Main Overlay District. The Overlay District would allow office and financial institution uses as a Special Use on the ground floors. The proposed overlay district will foster enhancement and preservation of two of the City’s oldest shopping areas for primarily neighborhood-oriented commercial and retail uses. (P4.1) Ordinance 20-O-15, Amending the Text of the Zoning Ordinance by Enacting a New Section 6-15-17, “oDM Dempster-Main Overlay District” For Introduction (P4.2) Ordinance 25-O-15, Amending the Zoning Map to Place Certain Properties within the oDM Dempster-Main Overlay District For Introduction (P5) Ordinance 19-O-15, Planned Development at 1571 Maple Avenue The Plan Commission and staff recommend adoption of Ordinance 19-O-15 for Special Use approval of a Planned Development at 1571 Maple Avenue. The 12- story mixed-use development includes 101 residential units, 3,696 square feet of commercial space and 12 parking spaces on site. Additionally, 101 parking spaces are proposed to be leased from City-owned Maple Avenue public parking garage. This ordinance was introduced at the March 9, 2015 City Council meeting. For Action 7 of 521 City Council Agenda March 23, 2015 Page 8 of 8 HOUSING & COMMUNITY DEVELOPMENT ACT COMMITTEE (O1) Approval of 2014 Consolidated Annual Performance and Evaluation Report (CAPER) The Housing and Community Development Act Committee and staff recommend approval of the 2014 Consolidated Annual Performance and Evaluation Report (CAPER), which explains how the City of Evanston used federal entitlement funds provided by the U.S. Department of Housing and Urban Development (HUD). The CAPER is posted on the City website at: http://www.cityofevanston.org/caper. For Action ECONOMIC DEVELOPMENT COMMITTEE (O2) Approval of Economic Development Work Plan Update The Economic Development Committee and staff recommend approval of the Economic Development Work Plan Update. This work plan serves as a guide for economic development activities for the years to come. For Action (O3) Approval for Utilization of Standardized Economic Development Funding Application The Economic Development Committee and staff recommend approval of the creation and utilization of a standardized application for requests by individuals and entities to the City for economic development assistance. For Action MEETINGS SCHEDULED THROUGH APRIL 15, 2015 Upcoming Aldermanic Committee Meetings Fri, Mar 27 7 am Housing & Homelessness Commission Wed, Apr 1 7 pm Northwestern University/City Committee Mon, Apr 6 6 pm Rules Committee Mon, Apr 6 7:30 pm Human Services Committee Mon, Apr 13 6 pm A&PW, P&D, City Council meetings Wed, Apr 15 6:30 pm M/W/EBE Advisory Committee Wed, Apr 15 7 pm Harley Clarke Citizens’ Committee Information is available about Evanston City Council meetings at: www.cityofevanston.org/citycouncil. Questions can be directed to the City Manager’s Office at 847-866-2936. The City is committed to ensuring accessibility for all citizens. If an accommodation is needed to participate in this meeting, please contact the City Manager’s Office 48 hours in advance so that arrangements can be made for the accommodation if possible. 8 of 521 7For the City Council Meeting of September 20, 2010 2nd Quarter Financial Report For City Council meeting of March 23, 2015 Item SP1 Year End Financial Report for Fiscal Year 2014 For Action: Accept and Place on File To: Honorable Mayor and Members of the City Council From: Marty Lyons, Assistant City Manager/Chief Financial Officer Ashley King, Assistant Director, Administrative Services CC: Wally Bobkiewicz, City Manager Subject: Year End Financial Report for Fiscal Year 2014 Date: March 10, 2015 Recommended Action: Staff recommends City Council accept and place the unaudited Year End Financial Report for FY 2014 on file. Summary: Staff has completed the unaudited Year End Financial Reports for Fiscal Year 2014. These Financial Reports are preliminary and will not be finalized until the Comprehensive Annual Financial Report (CAFR) is completed in June of 2015. The City ended the 2014 fiscal year in stable financial condition. The General Fund ended FY 2014 with a preliminary unaudited deficit of $72,546. The City’s financial performance is the result of revenues exceeding budgetary expectations by 1.68% and expenditures exceeding the 2014 Amended Budget by 0.14%. Attached are summaries of the City’s funds for the fourth quarter of FY 2014. In reviewing these reports, please note the following: • A majority of the revenues are recorded at the time they are actually received (permits, property taxes, fees, etc.), however, some revenues are recorded at the time of notification of the revenue being earned by the City (sales, income, telecommunications taxes, etc). • State revenue sources are delayed by one to three months based on the revenue source in question. • While some revenues are received on a monthly basis, other revenues are received less uniformly throughout the year. An example is property taxes, which are billed bi-annually and then distributed by the County as payments are received. This disbursal method contrasts with other revenue sources such as sales taxes, which are collected by the State and distributed on a monthly basis. Memorandum 9 of 521 • Operating expenses are incurred on a uniform basis for items such as payroll, utilities, fuel, etc., and on an as needed basis for supplies, equipment and specific outsourced services. It should be noted as of December 31, 2014, several funds are carrying negative fund balances which could potentially impact the General Fund in the future if not addressed. The major funds which could negatively impact the General Fund in the future include the Insurance Fund and the Solid Waste Fund. The table below provides a summary of how these funds could impact the fund balance in the General Fund: 12/31/2014 Unreserved Fund Balance General Fund $ 16,290,405.00 Insurance Fund (3,467,920.88)$ Solid Waste Fund (1,142,551.04)$ Effective General Fund Net Balance 11,679,933.08$ The Insurance Fund negative balance is the result of claim reserves set up for potential claims, which may be settled in the future for lesser amounts. The claim reserve is usually set on a conservative basis, so that the City fairly discloses all potential liabilities. A brief summary of the other major revenues and expenditures in the General Fund and selected enterprise funds is provided immediately below. General Fund Revenues: General Fund unaudited revenues through the December 31, 2014 were approximately $90.7M or 101.68% of budget. The FY 2014 performance of major General Fund revenue sources is summarized below: • Through December 31, 2014 property tax revenue was $12,192,095 or 99.35% of budget. • Basic Sales Tax exceeded budgetary projections. Sales Tax revenues totaled $9,693,509 or 100.04% of budget. • Athletic Contest Tax was recorded in the amount of $1,032,080 or 129.01% of budget. • State income tax was recorded in the amount of $7,053,978 through December 31, 2014, achieving 99.69% of the budget target for this revenue item. State income tax is typically received in arrears by one or two months. City staff will continue to monitor the Governor’s position on the Local Government Distributive Fund, the mechanism by which local income tax is distributed to municipalities. - 2 - 10 of 521 A 50% cut in this revenue would greatly impact the General Fund revenues for the City of Evanston. • Through December 31, 2014, licenses, permits, and fees totaled $14,510,250 and were approximately 114.96% of budget. General Fund Expenditures: Through December 31, 2014, General Fund expenditures totaled $90,756,966 or 100.14% of budget for FY 2014. As part of the 2015 budget process, City staff estimated that the General Fund would complete 2014 with total expenses of $90,634,538. As previously mentioned, the General Fund had actual expenditures of $90,756,966 resulting in a difference of approximately $122,428. This difference is a result of overtime and related expenditures exceeding budget in Fire and Parks Recreation and Community Services by approximately $1.1 million. As previously mentioned, the General Fund ended FY 2014 with a preliminary unaudited deficit of $72,546. Enterprise Funds: Parking Fund revenues for FY 2014 were $9,421,333 or 82.69% of budget and expenses were $9,598,796 or 60.39% of budget, resulting in a deficit of $177,562. The Parking Fund had a budgeted deficit of $4,500,740 for FY 2014. Water Fund revenues for FY 2014 were $17,900,630 or 88.06% of budget and expenses were $18,623,567 or 77.63% of budget, resulting in a deficit of $722,936. The Water Fund had a budgeted deficit of $3,662,519 for FY 2014. Sewer Fund revenues for FY 2014 were $14,669,159 or 97.032% of budget and expenses were $14,623,458 or 89.830% of budget, resulting in a surplus of $45,701. The Sewer Fund had a budgeted deficit of $1,161,255 for FY 2014. Solid Waste Fund revenues for FY 2014 were $4,995,732 or 100.52% of budget and expenses were $4,854,723 or 91.44% of budget, resulting in a surplus of $141,009. The Solid Waste Fund had a budgeted deficit of $339,082 for FY 2014. Please direct questions regarding the enclosed information to Martin Lyons, CFO at mlyons@cityofevanston.org or Ashley King, Asst. Director of Administrative Services at aking@cityofevanston.org. Attachments Attachment 1: December 31, 2014 Monthly Financial Report Attachment 2: December 31, 2014 Investment Report - 3 - 11 of 521 To: Wally Bobkiewicz, City Manager Martin Lyons, Assistant City Manager/Chief Financial Officer From: Ashley King, Assistant Director of Administrative Services Andrew Villamin, Interim Accounting Manager Subject: December 2014 Monthly Financial Report Date: March 6, 2015 Please find attached the unaudited financial statements as of December 31, 2014. A summary by fund for total revenues, expenditures/expenses, fund balances, and cash balances is as follows: YTD YTD YTD 12/31/2014 12/31/2014 12/31/2014 12/31/2014 12/31/2014 Unreserved Cash Fund Name Fund # Revenue Expenses Net Fund Balance Balance* General 100 90,684,420$ 90,756,966$ (72,546)$ 16,290,405$ 6,093,725$ General Assistance Fund 175 907,508 748,818 158,690 158,690 159,851 Neighborhood Stabilization 195 1,357,917 1,146,382 211,535 211,535 210,065 Motor Fuel 200 2,166,719 1,726,829 439,890 1,752,458 2,237,250 Emergency 911 205 945,080 1,250,389 (305,309) 915,570 550,349 SSA#4 210 310,599 320,000 (9,401) (158,736) (189,039) CDBG 215 1,499,358 1,582,218 (82,860) (70,061) (147,183) CDBG Loan 220 45,559 39,503 6,056 2,360,327 146,145 Economic Development 225 1,936,489 1,933,579 2,910 3,510,112 3,020,779 Neighborhood Improvement 235 - - - 149,915 149,915 Home 240 901,891 956,283 (54,392) 3,888,136 (143) Affordable Housing 250 199,054 92,939 106,115 2,557,193 862,001 Washington National TIF 300 4,982,987 3,877,522 1,105,466 6,142,907 5,770,506 SSA#5 305 428,520 442,050 (13,530) 461,355 400,694 SW II TIF (Howard Hartrey)310 1,154,130 2,089,632 (935,502) 2,421,546 2,405,913 Southwest TIF 315 607,668 47,077 560,591 905,308 909,019 Debt Service 320 13,046,814 12,846,544 200,270 3,575,961 2,056,615 Howard Ridge TIF 330 506,731 826,950 (320,220) 68,397 57,829 West Evanston TIF 335 101,027 131,200 (30,173) 507,466 570,465 Dempster-Dodge TIF 340 - - - - Capital Improvement 415 10,524,520 3,686,003 6,838,517 13,138,516 10,642,166 Special Assessment 420 621,064 174,769 446,295 2,518,710 2,538,395 Parking 505 9,421,233 9,598,796 (177,562) 13,425,257 12,502,917 Water 510-513 17,900,630 18,623,567 (722,936) 7,867,155 8,705,454 Sewer 515 14,669,159 14,623,458 45,701 4,620,697 3,308,167 Solid Waste 520 4,995,732 4,854,723 141,009 (1,142,551) (1,354,076) Fleet 600 3,180,292 3,404,691 (224,399) (113,833) (408,781) Equipment Replacement 601 2,577,440 1,899,659 677,781 1,266,764 1,402,371 Insurance 605 17,833,166 17,573,424 259,742 (3,467,921) 1,411,793 Library 185 6,065,728 5,791,044 274,685 1,275,950 666,752 Library Debt Fund 186 746,112 748,521 (2,409) (2,409) (2,409) Total**209,571,435$ 201,045,013$ 8,526,422$ 85,037,226$ 64,677,504$ *This is net of any interfund receivables/payables **This summary does not include the Police or Fire Pension Funds even though detailed reports are included. Memorandum 12 of 521 Included above are the ending balances as of December 31, 2014 for both unreserved fund and cash balances. Of these two amounts, cash balance is the more meaningful metric since this represents liquid cash and/or invested assets which may be used (or easily sold) to support and fund current operations. While ending fund balance is also an important measurement of the City’s financial health, it usually includes illiquid assets or future cash receipts or disbursements such as receivables (including property tax) due to the City and accounts payable/accrued expenses. As of December 31, 2014, the General Fund is reporting a deficit of $72,546. These are unaudited numbers and are subject to change as a result of this summer’s audit. The General Fund exceeded the expense budget by $122,428. This is due to a number of factors:  The Parks Department exceeded their budgeted amounts for multiple line items—including some which were then reimbursed by the state.  The Fire Department Budget exceeded the 2014 Amended Budgeted expenditures in overtime costs. Many of these costs were for special detail requests, which means that they were reimbursed by the parties requesting the detail. The General Fund exceeded the revenue budget by $1,499,122. This is due to a number of factors, mainly as a result of the economy during the end of 2014:  Personal Property Replacement Tax received 132% of anticipated revenues  Permit Fees (including Building Permits) for 2014 were at 123.22% of budget, meaning that even with an increased budget ($4,229,788 in 2013 and $7,628,878 in 2014), there was a surplus. 2014 received $9,400,120 in Permit Fees.  Property taxes came in at 99.35% of budget, the highest level of collections the City has received in the past 5 years.  Parking ticket revenue was $990,847 under budget. This was due to a number of factors, including increased compliance for parking meter usage and zoned parking locations. Parking meter compliance stems from the installation of credit card meters and zoned compliance stems from the utilization of license place reading (camera) equipment when enforcing these areas. Parking ticket reveue was also down due to construction in the downtown (which reduced the amount of available meters). Through December 31, 2014, the Special Service Area (SSA) #4 Fund is showing a negative cash balance of $189,039. Through December 31, 2014, the Economic Development Fund is showing a fund balance of $3,510,112 and a cash balance of $3,020,779. These balances include approximately $1 million of revenue associated with the Gigabit Challenge. Through December 31, 2014, the Solid Waste Fund is showing a negative fund balance of $1,142,551 and a negative cash balance of $1,354,076. This is a slight improvement over the closing cash balance of negative $1,413,673 from December 31, 2013. 13 of 521 Through December 31, 2014 the Fleet Fund is showing a negative cash balance of $408,781. For 2016 operating efficiencies and/or increased service charges to the operating departments will be proposed to eliminate this negative Through December 31, 2014, the Insurance Fund is showing a negative fund balance of $3,467,921. This negative balance is primarily for claims/cases being expensed. These claims/cases have not been settled, and therefore there is no guarantee the City will actually experience this negative fund balance as estimated. The Insurance Fund’s cash balance of $1,411,793 includes a transfer from the IPBC Health Insurance Pool of $500,000. The following chart shows a comparison between 12/31 2013 and 12/31/2014: 2013 2014 Difference 12/31 Revenue 237,238,481$ 209,571,435$ (27,667,046)$ 12/31 Expenses 237,589,858$ 201,045,013$ (36,544,845)$ 12/31 Net (351,377)$ 8,526,422$ 8,877,799$ 12/31 Unreserved Fund Balance 72,697,012$ 85,037,226$ 12,340,214$ 12/31 Cash Balance 60,446,613$ 64,677,504$ 4,230,891$ All Funds Comparison *NOTE: 2013 included the refinancing of $30 million in General Obligation debt, which increased both revenues and expenses for that year. If there are any questions on the attached report, please contact me by phone at (847) 859-7884 or by email: aking@cityofevanston.org. Detailed fund summary reports can be found at the following link: http://www.cityofevanston.org/city-budget/financial- reports/. CERTIFICATION OF ATTACHED FINANCIAL REPORTS As required per Illinois Statute 65 ILCS 5/3.1-35-45 I, Martin Lyons, Treasurer of the City of Evanston, hereby affirm that I have reviewed the December 31, 2014 year-to- date financial information and reports which to the best of my knowledge appear accurate and complete. __________________________ Martin Lyons, Treasurer 14 of 521 Revenues Budget Actual % of Budget Budget Actual % of Budget Budget Actual % of Budget Budget Actual % of Budget Budget Actual % of Budget Property Tax 12,271,386$ 12,192,095$ 99.4%-$ -$ -$ -$ -$ -$ -$ -$ Sales Tax 15,790,000 15,637,681 99.0%- - - - - - - - State Income Tax 7,076,170 7,053,978 99.7%- - - - - - - - Utility Tax 8,220,000 7,825,117 95.2%- - - - - - - - Real Estate Transfer Tax 2,875,000 2,543,056 88.5%- - - - - - - - Liquor Tax 2,375,000 2,665,447 112.2%- - - - - - - - Other Taxes 5,940,053 6,752,634 113.7%- - - - - - - - Licenses, Permits, Fees 12,622,280 14,510,250 115.0%- - - - - - - - Charges for Services 7,936,754 7,888,847 99.4% 6,434,293 6,495,937 101.0% 13,913,400 14,408,338 103.6% 12,922,700 13,053,859 101.0% 3,889,033 3,918,913 100.8% Intergovernmental Revenues 721,272 1,005,587 139.4%- - - 14,181 - - 25,000 20,852 83.4% Interfund Transfers 7,742,893 7,781,104 100.5% 2,925,296 2,925,296 100.0%- - - - 1,055,967 1,055,967 100.0% Other Non-Tax Revenue 5,614,490 4,828,625 86.0% 2,034,004 - 0.0% 6,413,816 3,478,112 54.2% 2,191,000 1,615,300 73.7%- - Total Revenues 89,185,298$ 90,684,420$ 101.7% 11,393,593$ 9,421,233$ 82.7% 20,327,216$ 17,900,630$ 88.1% 15,113,700$ 14,669,159$ 97.1% 4,970,000$ 4,995,732$ 100.5% Expenditures Legislative 639,028$ 706,237$ 110.5%-$ -$ -$ -$ -$ -$ -$ -$ City Administration 1,662,057 1,792,690 107.9%- - - - - - - - Law Department 959,802 1,052,372 109.6%- - - - - - - - Administrative Services Department 8,510,814 7,601,123 89.3%- - - - - - - - Community Development 2,707,545 2,606,953 96.3%- - - - - - - - Police Department 27,994,019 27,973,626 99.9%- - - - - - - - Fire & Life Safety Services 14,238,555 14,679,164 103.1%- - - - - - - - Health Department 3,117,681 3,009,986 96.5%- - - - - - - - Public Works - Operating 18,604,977 18,459,022 99.2% 10,714,333 8,618,137 80.4%- - - - 5,309,082 4,854,723 91.4% Public Works - Capital Outlay - - 5,180,000 980,659 18.9%- - - - - - Parks, Recreation & Comm. Services 10,654,760 11,330,293 106.3%- - - - - - - - Capital Improvement Transfer - - Transfer to Fleet Fund 936,500 936,500 100.0% Transfer to Debt Service Fund 609,000 609,000 100.0%- - - - - - - - Utilities - Operating - - - - 13,451,635 9,163,405 68.1% 13,006,620 12,537,282 96.4%- - Utilities - Capital Outlay - - - - 10,538,100 9,460,162 89.8% 3,272,500 2,086,176 63.7%- - Total Expenditures 90,634,738$ 90,756,966$ 100.1% 15,894,333$ 9,598,796$ 60.4% 23,989,735$ 18,623,567$ 77.6% 16,279,120$ 14,623,458$ 89.8% 5,309,082$ 4,854,723$ 91.4% As of December 31, 2014 Report of Budget-to-Actual Revenues and Expenditures Parking Fund Water Fund Solid Waste FundSewer FundGeneral Fund (Target is 100% of FY 2014 Budget) 15 of 521 To: Wally Bobkiewicz, City Manager Martin Lyons, Asst. City Manager/CFO From: Andrew Villamin, Interim Accounting Manager Subject: FY2014 – 4th Quarter End Investment Report Date: March 10, 2015 Attached please find the investment report as of December 31, 2014. A comparison between the 2014 third quarter investment report and the fourth quarter indicates a decrease in combined cash & investments of $27,489,641 from $92,167,310 to $64,677,669. Cash and investment changes from the previous period are summarized below: 12/31/2014 9/30/2014 Change Cash 23,288,581$ 41,908,027$ (18,619,446)$ Investments 41,389,088$ 50,259,283$ (8,870,195)$ Total 64,677,669$ 92,167,310$ (27,489,641)$ The net decrease of $27.5M in cash and investments was primarily due to the debt service payments, IEPA loan payments, capital outlays and operating expenses during the fourth quarter. The City paid $17.1M in debt service payments, $2.4M in IEPA loan payments, capital outlay in Water and CIP of approximately $4M, and $4M in operating expenses in the General Fund during the fourth quarter of 2014. Cash balances as of December 31, 2013 were $60.4M. As of December 31, 2014, ledger balances showed the highest percentage of total deposits was held by US Bank (Illinois Funds) with $29.6M or 45.8% of the City’s $64.7M in cash and investments followed by First Bank and Trust with $22.3M or 34.4% of the total, PMA at approximately $8M or 12.4% of the total, and IMET at approximately $3.8M or 5.8% of the total. The remaining $1M or 1.6% of the funds were invested with Chase Bank. Per City’s investment policy, no financial institution should have greater than 50% of the city’s total deposits. The Finance Staff will continue to closely monitor the balances to have a suitable investment mix in compliance of the City Investment policy to maximize returns on investments. If you have any questions on this report or would like to discuss in greater detail, please contact me @ (847) 866-2903 or at avillamin@cityofevanston.org. Memorandum 16 of 521 City of Evanston Cash & Investment Summary by Fund December 31, 2014 Fund #Fund Cash Investments Interfund Total 100 General 4,795,105 245,756 1,052,864 6,093,725 175 General Assistance 72,835 99,440 (12,424)159,851 185 Library 1,091,071 (424,319)666,752 186 Library Debt Service (2,409)(2,409) 195 Neighborhood Stabilization 220,899 (10,833)210,065 200 MFT 2,306,667 (69,417)2,237,250 205 E911 645,732 (95,382)550,349 210 SSD4 (189,039)(189,039) 215 CDBG 98,106 (245,289)(147,183) 220 CD Loan 126,267 19,878 146,145 225 Economic Dev.2,730,860 392,040 (102,122)3,020,779 235 Neighborhood Improvement 149,915 149,915 240 Home 6,679 (6,822)(143) 250 Affordable Housing 489,672 363,495 8,834 862,001 300 Washington National TIF 924,784 5,117,080 (271,358)5,770,506 305 SSD5 400,694 400,694 310 Howard Hartrey 4,041,431 (1,635,518)2,405,913 315 Southwest TIF 911,477 - (2,458)909,019 320 Debt Service 1,816,151 90,539 149,924 2,056,615 330 Howard Ridge 152,654 (94,825)57,829 335 West Evanston 23,030 552,435 (5,000)570,465 415 Capital Improvements 582,947 10,022,360 36,859 10,642,166 420 Special Assessment 2,304,176 239,410 (5,025)2,538,561 505 Parking 2,983,589 10,090,753 (571,425)12,502,917 510 Water 2,201,198 7,024,313 (520,056)8,705,454 515 Sewer 4,163,280 4,985 (860,098)3,308,167 520 Solid Waste (1,354,076)(1,354,076) 600 Fleet (408,781)(408,781) 601 Equipment Replacement 1,281,419 120,952 1,402,371 605 Insurance 154,567 1,257,227 1,411,793 27,528,720 41,389,088 (4,240,138)64,677,670 Includes negative cash balance reclassed to interfund liability.* * * * * * * * 17 of 521 City of Evanston Cash & Investments Bank Investment Investment Fiscal YTD Investment Description Type Bank Rate Est. Income Amount Fund #Fund IL Funds MMA US Bank 0.016 39 245,756 100 General IL Funds MMA US Bank 0.016 16 99,440 175 General Assistance IL Funds MMA US Bank 0.016 369 2,306,667 200 MFT IL Funds MMA US Bank 0.016 103 645,732 205 E911 IL Funds MMA US Bank 0.016 63 392,040 225 Economic Development IL Funds MMA US Bank 0.016 58 363,495 250 Affordable Housing IL Funds MMA US Bank 0.016 743 4,646,645 300 Washington National IL Funds MMA US Bank 0.016 588 3,677,386 310 HH TIF IL Funds MMA US Bank 0.016 1,348 320 Debt Service IL Funds MMA US Bank 0.016 22 139,125 330 Howard Ridge TIF IL Funds MMA US Bank 0.016 80 502,828 335 West Evanston TIF IL Funds MMA US Bank 0.016 1,463 9,141,786 415 Capital Improvements IL Funds MMA US Bank 0.016 35 217,844 420 Special Assessment IL Funds MMA US Bank 0.016 154 961,416 505 Parking IL Funds MMA US Bank 0.016 678 4,240,378 510 Water IL Funds MMA US Bank 0.016 323 2,018,414 511 Water BD & INT IL Funds MMA US Bank 0.016 1 4,985 515 Sewer US BANK Total 4,737 29,605,286 Money Market Fund MMA IMET 0.270 1,270 470,435 300 Washington National Money Market Fund MMA IMET 0.270 983 364,045 310 Howard Hartrey TIF Money Market Fund MMA IMET 0.270 241 89,191 320 Debt Service Money Market Fund MMA IMET 0.270 36 13,529 330 Howard Ridge TIF Money Market Fund MMA IMET 0.270 134 49,607 335 West Evanston TIF Money Market Fund MMA IMET 0.270 2,378 880,574 415 Capital Improvements Money Market Fund MMA IMET 0.270 58 21,566 420 Special Assessments Money Market Fund MMA IMET 0.270 3,049 1,129,270 505 Parking Money Market Fund MMA IMET 0.270 1,453 538,146 510 Water Money Market Fund MMA IMET 0.270 614 227,374 511 Water BD & INT IMET Total 10,215 3,783,736 Money Market Fund MMA PMA 0.150 66 8,000,066 505 Parking PMA Total 66 8,000,066 Grand Total 15,018 41,389,088 Cash Total Chase 1st Bank Cash Cash 4,795,105 925,259 3,869,846 100 General Cash Cash 72,835 72,835 175 General Assistance Cash Cash 1,091,071 1,091,071 185 Library Cash Cash 0 0 186 Library Debt Service Cash Cash 220,899 220,899 195 Neighbrhd Stablztn Cash Cash 0 0 205 E911 Cash Cash 0 210 SSD 4 Cash Cash 98,106 98,106 215 CDBG Cash Cash 126,267 126,267 220 CD Loan Cash Cash 2,730,860 2,730,860 225 Economic Dev. Cash Cash 149,915 149,915 235 Neighbrhd Improvemt Cash Cash 6,679 6,679 240 Home Cash Cash 489,672 489,672 250 Affordable Housing Cash Cash 924,784 924,784 300 Washington National TIF Cash Cash 400,694 400,694 305 SSD5 Cash Cash 0 0 310 Howard Hartrey Cash Cash 911,477 911,477 315 Southwest TIF Cash Cash 1,816,151 1,816,151 320 Debt Cash Cash 0 0 330 Howard Ridge Cash Cash 23,030 23,030 335 West Evanston Cash Cash 582,947 582,947 415 Capital Improvements Cash Cash 2,304,176 2,304,176 420 Special Assess Cash Cash 2,983,589 2,983,589 505 Parking Cash Cash 2,201,198 2,201,198 510 Water Cash Cash 4,163,280 78,305 4,084,975 515 Sewer Cash Cash 0 0 520 Solid Waste Cash Cash 1,281,419 1,281,419 601 Equipment Replacemt Cash Cash 154,567 154,567 605 Insurance 27,528,720 1,003,564 26,525,155 Total Cash 27,528,720 Interfunds & negative cash (4,240,138) Net Cash 23,288,582 Total Investments & Cash 64,677,670 CASH / INVESTMENT Investments Cash Total GENERAL LEDGER BALANCES BY BANK Amount %Amount %Amount % 1ST Bank 22,285,017 95.69%22,285,017 34.46% Chase 1,003,564 4.31%1,003,564 1.55% PMA 8,000,066 19.33%8,000,066 12.37% IMET 3,783,736 9.14%3,783,736 5.85% US Bank 29,605,286 71.53%29,605,286 45.77% Total 41,389,088 100.00%23,288,582 100.00%64,677,670 100.00% December 31, 2014 18 of 521 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, March 9, 2015 8:43 p.m. ORDER OF BUSINESS ROLL CALL: Alderman Fiske Alderman Braithwaite Alderman Wilson Alderman Holmes Alderman Tendam Alderman Rainey Alderman Burrus ABSENT: Alderman Wynne Alderman Grover PRESIDING: Mayor Elizabeth B. Tisdahl The Regular Meeting of the City Council was called to order at 8:43 P.M. by the Mayor after a quorum was obtained by a Roll Call. Mayor Public Announcements & Proclamations: • “Women’s History Month March 2015” - Mrs. Betsy Jenkins, Recreation Center Manager of Fleetwood-Jourdain Community Center, accepted the proclamation and was pictured with Mayor Tisdahl. City Manager Public Announcements: • “Evanston Day in Springfield” – April 14, 2015. You can sign-up via www.cityofevanston.org or by calling 311. $65 per person to attend. • “We Love Evanston” Campaign – Saturday, March 7, 2015 o Charliese Agnew, Community Engagement Specialist, gave a presentation on the various locations participating in the campaign and explained how to vote. Via the website www.weloveevanston.org or by Twitter @GreenEvanston by #WeLoveEvanston. Alderman Wilson suggested getting the students of Evanston Township High School involved. City Clerk Communications: No Communications. Public Comment: 19 of 521 City Council Agenda March 9, 2015 Page 2 of 8 Junad Rizki – Expressed his concerns and thoughts on agenda item P1: Ordinance 19-O-15, Planned Development at 1571 Maple Avenue. Jim Mizell – Spoke about Women’s History Month. He co-produced with Northwestern University Archives, a documentary called “Women’s Club of Evanston: 125 years”. Screening at the Evanston Public Library on Saturday, March 28th at 1pm. Documentary is also available on YouTube. Joel Siegel – Expressed his concerns and thoughts on agenda items A12.: Ordinance 6-O-15, Amending Firearm Regulations in the City of Evanston & A12.2: Report Concerning Firearm Regulations in Multi-Family Residences in the City of Evanston. Mike Weisman – Expressed his concerns and thoughts on agenda items A12.: Ordinance 6-O-15, Amending Firearm Regulations in the City of Evanston & A12.2: Report Concerning Firearm Regulations in Multi-Family Residences in the City of Evanston. Erin Nugent – Expressed her concerns and thoughts on agenda items A12.: Ordinance 6-O-15, Amending Firearm Regulations in the City of Evanston & A12.2: Report Concerning Firearm Regulations in Multi-Family Residences in the City of Evanston. Lauren Barski – Expressed her concerns and thoughts on agenda items A12.: Ordinance 6-O-15, Amending Firearm Regulations in the City of Evanston & A12.2: Report Concerning Firearm Regulations in Multi-Family Residences in the City of Evanston. Denyse Stoneback – Expressed her concerns and thoughts on agenda items A12: Ordinance 6-O-15, Amending Firearm Regulations in the City of Evanston & A12.2: Report Concerning Firearm Regulations in Multi-Family Residences in the City of Evanston. Minku Sharma – Expressed his thoughts and concerns about agenda item A13: Ordinance 11-O-15, adding Title 3, Chapter 31, “Pedicabs”. He is a part of the Pedicab Assn., and has stated when a decision is going to be made about the ordinance he would like to take part in the discussion. CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting of February 23, 2015. For Action - APPROVED ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through February 22, 2015 $2,953,292.19 (A2) FY2015 City of Evanston Bills – March 10, 2015 $2,440,096.04 Credit Card Activity through January 31, 2015 $ 150,449.84 For Action - APPROVED (A3.1) Approval of Sole Source Renewal of Annual Harris Utility Billing Software Maintenance and Support Agreement Staff recommends that City Council authorize the City Manager to execute a renewal of the annual sole source maintenance and support agreement for the 20 of 521 City Council Agenda March 9, 2015 Page 3 of 8 term March 1, 2015 through February 28, 2016 with Harris Computer Systems (1 Antares Drive, Suite 400, Ottawa, Ontario) for Harris NorthStar Utility Billing software in the amount of $42,276.57, which is a 3% decrease from previous year. Funding is provided by Account 510.71.7125.62340 which has an allocation of $77,500. For Action - APPROVED (A3.2) Approval of 2015 CIPP Sewer Rehabilitation Contract B with Hoerr Construction Inc. (Bid 15-15) Staff recommends that City Council authorize the City Manager to execute a contract for the 2015 Cured-In-Place Pipe Lining Contract B with Hoerr Construction Inc. (1601-D W. Luthy Drive, Peoria, IL) in the amount of $151,109. Funding is provided by the Sewer Fund, Account 515.71.7420.62461, which has a remaining FY 2015 budget of $515,000. For Action - APPROVED (A3.3) Approval of Contract with Michels Corporation for 2015 CIPP Spot Line Sewer Rehabilitation (Bid 15-16) Staff recommends that City Council authorize the City Manager to execute a contract for the 2015 CIPP Spot Line Sewer Rehabilitation with Michels Corporation (817 West Main Street, Brownsville, WI) in the amount of $28,620. Funding is provided by the Sewer Fund, Account 515.71.7400.62461, with a FY2015 budget of $200,000. For Action - APPROVED (A3.4) Approval of Contract Renewal with Havey Communications Inc. for Emergency Lighting & Sirens (Bid 13-15) Staff recommends City Council authorize the City Manager to execute a one (1) year contract renewal for the purchase of emergency lighting, sirens and after- market products and services in the amount of $68,973.60 with Havey Communications Inc. (28835 Herky Drive # 117, Lake Bluff, IL) for no increase in pricing. Funding is provided 50% from the Equipment Replacement Account 601.26.7780.65550 and 50% from the Fleet Maintenance Account 600.26.7710.65060. For Action - APPROVED (A3.5) Approval of Contract Renewal with Wentworth Tire Service for Specialty Tire Repair Services (Bid 12-164) Staff recommends that City Council authorize the City Manager to execute the 3rd and last one (1) year contract renewal for tire repair and recap services in the amount of $27,233 with Wentworth Tire Service (300 North York Road, Bensenville, IL). Funding is provided by the FY 2015 Tires and Tubes Account 600.26.7710.65065 which has a budgeted amount of $27,233 for tire repair services. For Action - APPROVED (A3.6) Approval of Green Bay Road Landscape Maintenance Contract with 21 of 521 City Council Agenda March 9, 2015 Page 4 of 8 Landscape Concepts Management, Inc. (Bid 15-10) Staff recommends City Council authorize the City Manager to execute a one-year contract for the 2015 Green Bay Road Landscape Maintenance with the low bidder, Landscape Concepts Management, Inc., (31745 Alleghany Rd. Grayslake, IL,) in the amount of $24,195, which is a decrease of 2.5% from previous year. Funding is provided by the FY 2015 Budget, Account 100.26.2655.62195, which has an allocation of $120,000. For Action - APPROVED (A3.7) Approval of Emergency Snow Hauling Equipment Rental from K.L.F. Trucking Staff recommends City Council approval of an emergency purchase for the rental of semi-trucks and drivers to support snow hauling operations from February 2, 2015 through February 5, 2015 from K.L.F. Trucking (2300 W. 167 Street, Markham, IL) for $59,687.50. Funding is provided by the FY2015 General Fund Account 100.26.2680.62375 in the amount of 45,000.00 and Account 100.26.2670.65055 in the amount of $14,687.50. For Action - APPROVED (A4) Approval of Recommendations for Final Regions for Divvy Bike Stations Staff recommends City Council approval of eight regions to establish the Phase I network for Divvy Bike Share in Evanston. A cost match in the amount of $80,000 is required to match the funding provided by the State of Illinois Department of Transportation (IDOT) and is budgeted for FY 2015 in the Parking Fund Account 505.19.7005.62603. Staff is also securing financial support from community partners and advertisers to help offset the City’s costs. For Action – Off Agenda Moved by Alderman Burrus, 2nd by Alderman Rainey. (Passes 7-0) (A5) Resolution 11-R-15, Opposition to a Nuclear Waste Storage Facility in Ontario, Canada Mayor Tisdahl, the Environment Board and staff recommend City Council adoption of Resolution 11-R-15 opposing construction of a nuclear waste repository in the Great Lakes Basin. For Action - APPROVED (A6) Resolution 13-R-15, Amending the Purpose and Composition of the Transportation/Parking Committee Staff and the Transportation/Parking Committee recommend City Council adoption of Resolution 13-R-15. Resolution 13-R-15 modifies the purpose and membership of the committee to better reflect the multi-modal needs and policy topics in Evanston and increases committee membership to nine (9) with an additional member from the City Council. For Action - APPROVED (A7) Resolution 24-R-15, Supporting the Northwest Municipal Conference 2015 22 of 521 City Council Agenda March 9, 2015 Page 5 of 8 Legislative Program Mayor Tisdahl and staff recommend City Council adoption of Resolution 24-R-15 supporting the Northwest Municipal Conference 2015 Legislative Program. For Action - APPROVED (A8) Resolution 25-R-15, Adopting the Cook County Hazard Mitigation Plan Staff recommends City Council adoption of Resolution 25-R-15 authorizing adoption of the Cook County Multi-jurisdictional Hazard Mitigation Plan (HMP). For Action - APPROVED (A9) Resolution 29-R-15, Authorizing an Easement Agreement with OMS/AR Evanston LLC for Construction along Chicago Avenue and Main Street Staff recommends City Council adoption of Resolution 29-R-15, authorizing the City Manager to negotiate and execute an Easement Agreement with OMS/AR Evanston LLC for a sheeting easement for construction along Chicago Avenue and Main Street in the public right-of-way. For Action - APPROVED (A10) Resolution 30-R-15, Authorizing Surface Transportation Program (STP) Application for Howard Street from Dodge Avenue to Custer Avenue Staff recommends City Council adoption of Resolution 30-R-15, which authorizes the City Manager to submit a Surface Transportation Program (STP) application for the Howard Street improvements from Dodge Avenue to Custer Avenue. The Phase II engineering, construction and construction engineering is estimated at $3,525,600. STP funds would be 70% of the total project’s cost, or $2,349,060. City local share estimate of $921,540 must be budgeted in the Capital Improvement Plan. For Action - APPROVED (A11) Ordinance 35-O-15, Amending Title 9, Chapter 5, Regarding Regulations of Leaf Blowers City staff recommends City Council adoption of Ordinance 35-O-15, revising regulations regarding use of leaf blowers in the City of Evanston. For Introduction - APPROVED (A12.1)Ordinance 6-O-15, Amending Firearm Regulations in the City of Evanston Staff recommends City Council adoption of Ordinance 6-O-15 to amend firearm regulations consistent with state and federal law. For Introduction - APPROVED (A12.2)Report Concerning Firearm Regulations in Multi-family Residences in the City of Evanston Staff recommends the report be received and filed. For Action: Receive and Place on File - HELD (A13) Ordinance 11-O-15, Adding Title 3, Chapter 31, “Pedicabs” 23 of 521 City Council Agenda March 9, 2015 Page 6 of 8 City staff recommend City Council adoption of Ordinance 11-O-15, which addresses traffic and safety concerns at Northwestern University athletic events. For Introduction - HELD (A14) Ordinance 31-O-15, Amending the Hazardous Material Cost Recovery Program Staff recommends City Council adoption of Ordinance 31-O-15 to amend the hazardous material cost recovery program to reflect current and updated costs of providing emergency services in certain situations. For Introduction - APPROVED (A15) Ordinance 32-O-15, Increasing the Number of Class T Liquor Licenses for Carter Investments, Inc., d/b/a Feast & Imbibe, 1601 Simpson Street, #3 Staff recommends City Council adoption of Ordinance 32-O-15, which amends Evanston City Code of 2012 Subsection 3-4-6-(T), as amended, to increase the number of authorized Class T liquor licenses from two (2) to three (3) to permit issuance to Carter Investments, Inc., d/b/a Feast & Imbibe (“Company”), 1601 Simpson Street, #3. For Introduction - APPROVED (A16) Ordinance 33-O-15, Increasing the Number of Class D Liquor Licenses for Blaze IL Store 5, LLC d/b/a Blaze Pizza, 1737 Sherman Ave. Staff recommends City Council adoption of Ordinance 33-O-15, which amends Evanston City Code to increase the number of authorized Class D liquor licenses from fifty (50) to fifty-one (51) to permit issuance to Blaze IL Store 5, LLC d/b/a Blaze Pizza (“Company”), 1737 Sherman Ave. For Introduction - APPROVED (A17) Ordinance 34-O-15, Increasing the Number of Class S-1 Liquor Licenses for The Woman’s Club of Evanston, 1702 Chicago Ave. Staff recommends City Council adoption of Ordinance 34-O-15, which amends Evanston City Code to increase the number of authorized Class S-1 liquor licenses from zero (0) to one (1) to permit issuance to the Woman’s Club of Evanston (“Company”), 1702 Chicago Ave. For Introduction – SUSPENSION OF THE RULES. Moved by Alderman Rainey, 2nd by Alderman Holmes. (Passes 7-0) (A18) Ordinance 126-O-14, Increasing the Number of Class F Liquor Licenses for Highland Park CVS, LLC d/b/a CVS Pharmacy #8760, 3333 Central Street Staff recommends City Council adoption of Ordinance 126-O-14, which amends Evanston City Code of 2012 Subsection 3-4-6-(F), as amended, to increase the number of authorized Class F liquor licenses from eight (8) to nine (9), and permit issuance of a Class F license to Highland Park CVS, LLC d/b/a CVS Pharmacy #8760, 3333 Central Street. This ordinance introduced at the City Council meeting on February 23, 2015. For Action - APPROVED PLANNING & DEVELOPMENT COMMITTEE 24 of 521 City Council Agenda March 9, 2015 Page 7 of 8 (P1) Ordinance 19-O-15, Planned Development at 1571 Maple Avenue The Plan Commission and staff recommend adoption of Ordinance 19-O-15 for Special Use approval of a Planned Development at 1571 Maple Avenue. The 12- story mixed-use development includes 101 residential units, 3,696 square feet of commercial space and 12 parking spaces on site. Additionally, 101 parking spaces are proposed to be leased from City-owned Maple Avenue public parking garage. For Introduction – OFF AGENDA. Moved by Alderman Rainey, 2nd by Alderman Wilson. (Passes 6-1 (nay Alderman Fiske). (P2) Ordinance 27-O-15, Granting a Special Use for a Commercial Indoor Recreation for Foster Dance Studio at 915 Foster Street The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 27-O-15 granting a special use permit for a Commercial Indoor Recreation facility for Foster Dance Studio at 915 Foster Street in the B1 Business District. The applicant has complied with all zoning requirements, and meets all of the standards for a special use for this district. This ordinance introduced at the City Council meeting on February 23, 2015. For Action - APPROVED HOUSING & COMMUNITY DEVELOPMENT ACT COMMITTEE The Housing and Community Development Act Committee and staff recommend City Council adoption of the following resolutions (agenda items O1, O2, and O3) which approve the 2015-2019 Consolidated Plan and 2015 Action Plan, and reallocation of $205,111 in unspent CDBG funds from prior years. Documents are available here: http://www.cityofevanston.org/planning-zoning/community-dev-block-grant/consolidated-plan/ (O1) Resolution 27-R-15, Approving the City of Evanston’s 2015-2019 Housing and Urban Development Consolidated Plan For Action - APPROVED (O2) Resolution 28-R-15, Approving the City’s 2015 Year Action Plan, and Adopting the 2015 Community Development Block Grant, HOME Investment Partnerships, and Emergency Solutions Grants Program Budgets for 2015 For Action - APPROVED (O3) Resolution 26-R-15, Amending the 2014 Community Development Block Grant Program and Authorizing the Reallocation of Prior Years’ Unexpended Funds For Action - APPROVED ECONOMIC DEVELOPMENT COMMITTEE 25 of 521 City Council Agenda March 9, 2015 Page 8 of 8 (O4) Approval of Applications for the 2015 Evanston Great Merchants Grant Program The Economic Development Committee and staff recommend City Council approval for: 1) funding of $66,314 through the Great Merchants Grant program for business district improvements, and 2) transfer of previously approved 2014 grant funds, totaling $9,000, for the Main Street Merchants Association to their 2015 grant cycle in lieu of a new funding. Funding is provided by the Economic Development Fund’s Business District Improvement Account: 5300.65522, with an available FY2015 budget of $250,000. For Action - APPROVED Call of the Wards: Ward 1: Alderman Fiske – had no report. Ward 2: Alderman Braithwaite – Spoke on the soft opening of the Gibbs-Morrison Center. He also announced the Annual Procurement 101 will be held at the Lorraine Morton Civic Center on March 27th at 8am. Ward 3: Alderman Wynne – absent. Ward 4: Alderman Wilson – Reminded everyone about the difference between introduction and action taken on an agenda item. Ward 5: Alderman Holmes – Spoke on some of the services offered to our Veterans. Also, announced the 5th Ward meeting will be on March 19th at Fleetwood- Jourdain at 7pm. Special guest will include the candidates for the School Board Election for Dist. 202 & Dist. 65. Election is on April 7th. Ward 6: Alderman Tendam – had no report. Ward 7: Alderman Grover – absent. Ward 8: Alderman Rainey – Suggested that people should come out to the CDBG committee this March 10th because there will be a Public Hearing. She also thanked Sarah Flax, April Jacobs & CDBG for all its hard work. Ward 9: Alderman Burrus – Spoke on the continuing issues with mail delivery by the post office. It is a city wide issue and has been addressed and being worked on. Meeting was adjourned at 9:50 pm, with a voice vote. Submitted by, Akasha S. Terrier Akasha S. Terrier Deputy City Clerk 26 of 521 ADMINISTRATION & PUBLIC WORKS COMMITTEE Monday, March 23, 2015 6 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston Council Chambers AGENDA I. DECLARATION OF A QUORUM: ALDERMAN BURRUS, CHAIR II. APPROVAL OF MINUTES OF REGULAR MEETING OF March 9, 2015 III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through March 8, 2015 $2,608,653.60 (A2) FY2015 City of Evanston Bills – March 24, 2015 $3,430,137.21 For Action (A3.1) Approval of 2015 Agreement for New Tire Purchases with Wentworth Tire Service Staff recommends that City Council authorize the City Manager to execute a one- year agreement to purchase tires in the amount of $60,000 from Wentworth Tire Service (300 North York Road, Bensenville, IL) under the State Bid Contract # 4017722. Funding is provided by the budget for Tires and Tubes Account 600.26.7710.65065, which has an approved amount of $87,233 in each fiscal year. Funding will be split between two fiscal years, 2015 ($50,000) and 2016 ($10,000). For Action (A3.2) Approval of Vehicle Purchase for Youth Engagement from the Auto-Barn in Evanston Staff recommends City Council approval for purchase of a pre-driven vehicle for the Youth Engagement Division of one (1) 2014 model year four (4) door Nissan Altima Sedan in the amount of $15,779 from the Auto Barn of Evanston (1012 Chicago Avenue, Evanston). Funding is provided by the Equipment Replacement Fund Account 601.26.7780.65550, which has a FY2015 budget of $1,950,000. For Action Page 1; Rev. 3/19/2015 3:46:33 PM 27 of 521 (A3.3) Approval of Police and Fire Replacement Vehicles and Mower Purchases for 2015 Staff recommends City Council approval for the purchase of twelve (12) vehicles for Police Department, two (2) vehicles for Fire Department, and two (2) mowers for Public Works in the total amount of $484,590.82 as follows: from Currie Motors, (9423 W. Lincoln Highway, Frankfort, IL) in the amount of $384,987.24 and from Reinders (3816 Carnation Street in Franklin Park, IL) in the amount of $99,603.58. Funding for fifteen (15) vehicles/units will be provided by the Equipment Replacement Fund Account 601.26.7780.65550 in the amount of $463,328.13, and by Parks & Forestry Maintenance and Operations Account 100.26.2655.65550 in the amount of $21,262.69. For Action (A3.4) Approval of Contract Extension for Purchase of Concrete from Ozinga Ready Mix Concrete, Inc. Staff recommends City Council authorize the City Manager to execute the final, one-year contract extension with Ozinga Ready Mix Concrete, Inc. (2222 South Lumber Street, Chicago, IL) for the purchase of concrete at a total cost of $65,200. Funding is provided by the FY2015 Street and Alley Account 100.26.2670.65055 in the amount of $50,000; the Water Fund Account 510.71.7115.65051 in the amount of $7,600; and the Sewer Fund Account 515.71.7400.65051 in the amount of $7,600. For Action (A3.5) Approval of Contract with A. Lamp Concrete Contractors Inc. for 2015 Water Main Replacement & Street Resurfacing Project CIP I (Bid 15-13) Staff recommends that City Council authorize the City Manager to execute a contract for the 2015 Water Main Replacement & Street Resurfacing CIP I Project with A. Lamp Concrete Contractors Inc. (1900 Wright Blvd., Schaumburg, IL) in the amount of $3,478,157.52. Funding is provided by the Water Fund (733086.65515) in the amount of $2,727,162.38, Sewer Fund (7420.65515) in the amount of $217,543.85, and CIP Street Resurfacing Fund (415855.65515) in the amount of $533,451.29. For Action (A4) Approval of Change Order No. 1 with Kenny Construction for the 2015 Cured-In-Place Pipe Lining Contract A (Bid 15-01) Staff recommends City Council authorize the City Manager to execute Change Order No. 1 for the 2015 CIPP Sewer Rehabilitation Contract A with Kenny Construction Company (2215 Sanders Road, Suite 400, Northbrook, IL) in the amount of $80,770. This will increase the contract amount from $267,040 to $347,810. This change order is for rehabilitation of the sewer beneath an alley that Northwestern University will be resurfacing this summer. For Action Page 2; Rev. 3/19/2015 3:46:33 PM 28 of 521 (A5) Approval of 2015 Special Events Calendar Staff recommends City Council approval of the 2015 calendar of special events, contingent upon compliance of all requirements as set forth by the Special Event Policy & Guidelines. This year’s calendar includes 6 new events and 1 returning street event that would like to relocate to Raymond Park. For Action (A6) Resolution 34-R-15: Collective Bargaining Agreement with the Fraternal Order of Police Labor Council – Sergeants Staff recommends City Council adoption of Resolution 34-R-15 authorizing the City Manager to execute a collective bargaining agreement with the Fraternal Order of Police Labor Council (FOP) – Sergeant bargaining unit, effective January 1, 2015 through December 31, 2017. City Council approval will ratify the tentative agreements executed throughout the negotiation process. For Action (A7) Resolution 31-R-15, Regarding Southwest TIF District Surplus Staff recommends the City Council adoption of Resolution 31-R-15 declaring and distributing a surplus of $905,308 from the Southwest (TIF) District at the end of Fiscal Year 2014. For Action (A8) Resolution 33-R-15, Authorizing the City Manager to Execute the Lincoln Street Resurfacing Project Agreement with Northwestern University Staff recommends City Council adoption of Resolution 33-R-15, authorizing the City Manager to execute the Lincoln Street Resurfacing Project Agreement with Northwestern University. Evanston’s not-to-exceed amount for this work is $651,500. Funding is provided by the Water Fund, Account 513.71.7330.65515 - 733107, which has a FY 2015 Capital Improvement Plan allocation of $2,000,000 for finished water storage projects. For Action (A9) Ordinance 24-O-15, Taxing Medical Marijuana Staff recommends the City Council adoption of Ordinance 24-O-15., which would establish a tax on cannabis sales from a cultivation center to a dispensary. The Illinois Compassionate Use of Medical Cannabis Pilot Program, 410 ILCS 130/1 et seq. (the “Act) allows for the sale and use of medical cannabis in the State of Illinois, subject to strict restrictions. The Act allows the City of Evanston to impose a tax on the cultivation center for the privilege of cultivating medical cannabis at a rate of 6% of the sales price per ounce. For Introduction Page 3; Rev. 3/19/2015 3:46:33 PM 29 of 521 (A10) Ordinance 29-O-15, Authorizing of the City Manager to Negotiate for the Sale of City-Owned Real Property Located at 1821 Ridge Avenue Staff recommends adoption of Ordinance 29-O-15, “Authorizing the City Manager to Negotiate the Sale of City-Owned Real Property Located at 1821 Ridge Avenue, Evanston, Illinois.” The sale of City-owned real property is a two- step process; an ordinance must be adopted to authorize the City Manager to negotiate the sale of property followed by an ordinance at a later date that authorizes the City Manager to execute a sales contract that memorializes said negotiations. A two-thirds majority of City Council is required to adopt Ordinance 29-O-15. This ordinance was previously held in committee in order to revise Ordinance 29-O-15 to authorize the City Manager to negotiate with other potential purchasers of the property in addition to National Towel Service. For Introduction (A11) Ordinance 26-O-15 to Convene a Public Hearing Proposing the Establishment of a Special Service Area Staff recommends adoption of Ordinance 26-O-15, “Proposing the Establishment of a Special Service Area in the City of Evanston, Illinois and Providing for a Public Hearing and Other Related Procedures”. This ordinance initiates the process for establishing a special service area (SSA) for the business district area around the Main Street, Chicago Avenue, and Dempster Street corridors. It also sets the date for a public hearing on the proposed SSA for April 13, 2015 during the regular City Council meeting. Suspension of the Rules is requested for introduction and adoption by City Council on March 23, 2015. For Introduction and Action (A12) Report Concerning Firearm Regulations in Multi-Family Residences in the City of Evanston Staff recommends that the report be received and placed on file. For Action: Accept and Place on File (A13) Ordinance 6-O-15, Amending Firearm Regulations in the City of Evanston Staff recommends City Council adoption of Ordinance 6-O-15 to amend firearm regulations consistent with state and federal law. This ordinance was introduced at the March 9, 2015 City Council meeting, and will be discussed further at the Administration & Public works Committee meeting on March 23, 2015. For Action IV. DISCUSSION (APW1) Baker Park Renovation Project – Presentation and Project Update Staff recently concluded its community engagement process for the Baker Park Renovation Project and finalized a concept design for implementation. Staff will present a short summary of the process and review the final concept. For Discussion Page 4; Rev. 3/19/2015 3:46:33 PM 30 of 521 V. COMMUNICATIONS VI. ADJOURNMENT Page 5; Rev. 3/19/2015 3:46:33 PM 31 of 521 Administration and Public Works Committee Meeting Minutes of March 9, 2015 Council Chambers – 6:00 p.m. Lorraine H. Morton Civic Center MEMBERS PRESENT: D. Holmes, C. Burrus, P. Braithwaite, A. Rainey STAFF PRESENT: M. Lyons, M. Masoncup, W. Bobkiewicz, J. Williams-Kinsel, L. Jeschke, Y. Capriccioso, R. Eddington, R. Voss MEMBERS ABSENT: J. Grover STAFF ABSENT: M. Muenzer, M. Sumar, J. Maiworm, E. Thomas-Smith, A. King, A. Thorpe PRESIDING OFFICIAL: Ald. Burrus I. DECLARATION OF A QUORUM A quorum being present, Ald. Burrus called the meeting to order at 6:07 p.m. II. APPROVAL OF MINUTES OF REGULAR MEETING OF February 23, 2015 Ald. Rainey moved to approve the minutes of the February 23, 2015 A&PW meeting as submitted, seconded by Ald. Holmes. The minutes of the February 23, 2015 meeting were approved unanimously 4-0. III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through February 22, 2015 $2,953,292.19 For Action Ald. Rainey moved to approve the City of Evanston Payroll (A1) through February 22, 2015, seconded by Ald. Braithwaite. The Committee voted unanimously 4-0 to approve the payroll. (A2) FY2015 City of Evanston Bills – March 10, 2015 $2,440,096.04 Credit Card Activity through January 31, 2015 $ 150,449.84 For Action Ald. Rainey moved to approve the City of Evanston Bills for fiscal year 2015 through March 10, 2015 and the Credit Card Activity through January 31, 2015, seconded by Ald. Braithwaite. The Committee voted unanimously 4-0 to approve the bills and credit card activity. DRAFT – NOT APPROVED 32 of 521 Administration and Public Works Committee Meeting Minutes of 3-9-15 Page 2 of 13 (A3.1) Approval of Sole Source Renewal of Annual Harris Utility Billing Software Maintenance and Support Agreement Staff recommends that City Council authorize the City Manager to execute a renewal of the annual sole source maintenance and support agreement for the term March 1, 2015 through February 28, 2016 with Harris Computer Systems (1 Antares Drive, Suite 400, Ottawa, Ontario) for Harris NorthStar Utility Billing software in the amount of $42,276.57, which is a 3% decrease from previous year. Funding is provided by Account 510.71.7125.62340 which has an allocation of $77,500. For Action Ald. Rainey moved to recommend City Council authorize the City Manager to execute a renewal of the annual sole source maintenance and support agreement for the term March 1, 2015 through February 28, 2016 with Harris Computer Systems (1 Antares Drive, Suite 400, Ottawa, Ontario) for Harris NorthStar Utility Billing software in the amount of $42,276.57, seconded by Ald. Braithwaite. The Committee voted unanimously 4-0 to recommend execution of the renewal agreement. (A3.2) Approval of 2015 CIPP Sewer Rehabilitation Contract B with Hoerr Construction Inc. (Bid 15-15) Staff recommends that City Council authorize the City Manager to execute a contract for the 2015 Cured-In-Place Pipe Lining Contract B with Hoerr Construction Inc. (1601-D W. Luthy Drive, Peoria, IL) in the amount of $151,109. Funding is provided by the Sewer Fund, Account 515.71.7420.62461, which has a remaining FY 2015 budget of $515,000. For Action Ald. Holmes moved to recommend City Council authorize the City Manager to execute a contract for the 2015 Cured-In-Place Pipe Lining Contract B with Hoerr Construction Inc. (1601-D W. Luthy Drive, Peoria, IL) in the amount of $151,109, seconded by Ald. Rainey. The Committee voted unanimously 4-0 to recommend execution of the contract. (A3.3) Approval of Contract with Michels Corporation for 2015 CIPP Spot Line Sewer Rehabilitation (Bid 15-16) Staff recommends that City Council authorize the City Manager to execute a contract for the 2015 CIPP Spot Line Sewer Rehabilitation with Michels Corporation (817 West Main Street, Brownsville, WI) in the amount of $28,620. Funding is provided by the Sewer Fund, Account 515.71.7400.62461, with a FY2015 budget of $200,000. For Action Ald. Rainey moved to recommend City Council authorize the City Manager to execute a contract for the 2015 CIPP Spot Line Sewer Rehabilitation with Michels Corporation (817 West Main Street, Brownsville, WI) in the amount of $28,620, seconded by Ald. Holmes. 33 of 521 Administration and Public Works Committee Meeting Minutes of 3-9-15 Page 3 of 13 The Committee voted unanimously 4-0 to recommend execution of the contract. (A3.4) Approval of Contract Renewal with Havey Communications Inc. for Emergency Lighting & Sirens (Bid 13-15) Staff recommends City Council authorize the City Manager to execute a one (1) year contract renewal for the purchase of emergency lighting, sirens and after- market products and services in the amount of $68,973.60 with Havey Communications Inc. (28835 Herky Drive # 117, Lake Bluff, IL) for no increase in pricing. Funding is provided 50% from the Equipment Replacement Account 601.26.7780.65550 and 50% from the Fleet Maintenance Account 600.26.7710.65060. For Action Ald. Braithwaite moved to recommend City Council authorize the City Manager to execute a one (1) year contract renewal for the purchase of emergency lighting, sirens and after-market products and services in the amount of $68,973.60 with Havey Communications Inc. (28835 Herky Drive #117, Lake Bluff, IL), seconded by Ald. Holmes. The Committee voted unanimously 4-0 to recommend execution of the contract. (A3.5) Approval of Contract Renewal with Wentworth Tire Service for Specialty Tire Repair Services (Bid 12-164) Staff recommends that City Council authorize the City Manager to execute the 3rd and last one (1) year contract renewal for tire repair and recap services in the amount of $27,233 with Wentworth Tire Service (300 North York Road, Bensenville, IL). Funding is provided by the FY 2015 Tires and Tubes Account 600.26.7710.65065 which has a budgeted amount of $27,233 for tire repair services. For Action Ald. Rainey moved to recommend City Council authorize the City Manager to execute the 3rd and last one (1) year contract renewal for tire repair and recap services in the amount of $27,233 with Wentworth Tire Service (300 North York Road, Bensenville, IL), seconded by Ald. Braithwaite. Ald. Braithwaite asked for confirmation that larger tires were not sold in Evanston. Mr. Lonnie Jeschke, Manager of Fleet Services, confirmed that the renewal was for tire repair services. He stated that for smaller tires the repair work was performed by City staff, but for tires larger than 17 inches and specialty tires, retread and disposal, the City used outside organizations. Ald. Holmes stated that there used to be tire repair shops in Evanston, but those businesses were gone. There was discussion around the type of tires City staff maintained. 34 of 521 Administration and Public Works Committee Meeting Minutes of 3-9-15 Page 4 of 13 The Committee voted unanimously 4-0 to recommend execution of the contract. (A3.6) Approval of Green Bay Road Landscape Maintenance Contract with Landscape Concepts Management, Inc. (Bid 15-10) Staff recommends City Council authorize the City Manager to execute a one-year contract for the 2015 Green Bay Road Landscape Maintenance with the low bidder, Landscape Concepts Management, Inc., (31745 Alleghany Rd. Grayslake, IL,) in the amount of $24,195, which is a decrease of 2.5% from previous year. Funding is provided by the FY 2015 Budget, Account 100.26.2655.62195, which has an allocation of $120,000. For Action Ald. Holmes moved to recommend City Council authorize the City Manager to execute a one-year contract for the 2015 Green Bay Road Landscape Maintenance with the low bidder, Landscape Concepts Management, Inc., (31745 Alleghany Rd. Grayslake, IL) in the amount of $24,195, seconded by Ald. Rainey. Ald. Rainey stated that the City reached out to local businesses, but none bid. She suggested a workshop for landscape contractors in Evanston to review the application process. She expressed disappointment that no local landscaping companies worked with the City. Mr. Lyons stated that the City was hosting a Procurement 101 workshop and will work with Economic Development to send out a direct mailing. Ald. Rainey requested that staff target local landscape companies. (A3.7) Approval of Emergency Snow Hauling Equipment Rental from K.L.F. Trucking Staff recommends City Council approval of an emergency purchase for the rental of semi-trucks and drivers to support snow hauling operations from February 2, 2015 through February 5, 2015 from K.L.F. Trucking (2300 W. 167 Street, Markham, IL) for $59,687.50. Funding is provided by the FY2015 General Fund Account 100.26.2680.62375 in the amount of 45,000.00 and Account 100.26.2670.65055 in the amount of $14,687.50. For Action Ald. Burrus moved to recommend City Council approve an emergency purchase for the rental of semi-trucks and drivers to support snow hauling operations from February 2, 2015 through February 5, 2015 from K.L.F. Trucking (2300 W. 167 Street, Markham, IL for $59,687.50, seconded by Ald. Rainey. The Committee voted unanimously 4-0 to recommend approval of the purchase. (A4) Approval of Recommendations for Final Regions for Divvy Bike Stations Staff recommends City Council approval of eight regions to establish the Phase I network for Divvy Bike Share in Evanston. A cost match in the amount of 35 of 521 Administration and Public Works Committee Meeting Minutes of 3-9-15 Page 5 of 13 $80,000 is required to match the funding provided by the State of Illinois Department of Transportation (IDOT) and is budgeted for FY 2015 in the Parking Fund Account 505.19.7005.62603. Staff is also securing financial support from community partners and advertisers to help offset the City’s costs. For Action Ald. Braithwaite move to recommend City Council approve the eight regions to establish the Phase I network for Divvy Bike Share in Evanston with a cost match in the amount of $80,000 to match the funding provided by the State of Illinois Department of Transportation (IDOT), seconded by Ald. Rainey. Ald. Rainey opposed the far south location and asked that it be removed from the proposal and that discussion take place for a location on Asbury instead. She further stated that residents who shopped at that location made large purchases and she thought the bike station would be underutilized. She cited information gathered from previous surveys and resident feedback, and requested another location south of Oakton. Ald. Holmes suggested that the site might benefit the employees. Ald. Rainey disagreed and restated her disapproval. Ms. Ylda Capriccioso, Intergovernmental Affairs Coordinator, agreed with Ald. Rainey’s concern and stated that staff could reconsider alternatives. She referenced the map and stated that there was a suggested radius that staff would review. Ald. Rainey moved to remove the location and replace it with an alternative location on Asbury. Ald. Braithwaite asked staff if residents provided recommendations. Ms. Capriccioso confirmed and offered to review the presentation Ald. Rainey stated that she did not think the section of the presentation that highlighted locations was helpful. She stated that she did receive clarification from Director of Sustainability, Catherine Hurley, but she still disagrees with the location. Ms. Capriccioso reviewed the 17 Potential Divvy Locations map and the various methods for gathering data points. She also reviewed the Divvy Bike Station Regions map showing staff recommendations. She closed by reviewing the methods staff used to build the station network. Ald. Burrus suggested that the Committee recommend with the last location removed. Ald. Braithwaite asked about the location at Greenleaf and Dodge. 36 of 521 Administration and Public Works Committee Meeting Minutes of 3-9-15 Page 6 of 13 Ms. Hurley stated that she chose that location since bikes were not encouraged on Dempster; the goal would be to encourage bikers to ride on Greenleaf, a bike friendly road. She stated that the station could be moved closer to businesses since there is a radius for each proposed site, however, the goal is to direct bike traffic to safe streets. Ald. Braithwaite stated that there would be a bike lane on Dodge and asked staff to strongly consider that location as it also reflects resident requests. Ald. Burrus confirmed Ald. Rainey’s motion. The Committee voted unanimously 4-0 to approve the seven regions. City Manager Bobkiewicz requested clear next steps for the final location. Ald. Rainey stated that she could work with Catherine Hurley. Ald. Braithwaite also requested further discussion around location 6. Mr. Bobkiewicz stated that with the approval of the regions, staff would present specific locations at a subsequent meeting. Ald. Burrus clarified the points and the vote. (A5) Resolution 11-R-15, Opposition to a Nuclear Waste Storage Facility in Ontario, Canada Mayor Tisdahl, the Environment Board and staff recommend City Council adoption of Resolution 11-R-15 opposing construction of a nuclear waste repository in the Great Lakes Basin. For Action Ald. Rainey moved to recommend City Council adopt Resolution 11-R-15 opposing construction of a nuclear waste repository in the Great Lakes Basin, seconded by Ald. Holmes. The Committee voted unanimously 4-0 to recommend adoption of the resolution. (A6) Resolution 13-R-15, Amending the Purpose and Composition of the Transportation/Parking Committee Staff and the Transportation/Parking Committee recommend City Council adoption of Resolution 13-R-15. Resolution 13-R-15 modifies the purpose and membership of the committee to better reflect the multi-modal needs and policy topics in Evanston and increases committee membership to nine (9) with an additional member from the City Council. For Action Ald. Holmes moved to recommend City Council adopt Resolution 13-R-15 modifying the purpose and membership of the committee to better reflect the multi-modal needs and policy topics in Evanston and increase 37 of 521 Administration and Public Works Committee Meeting Minutes of 3-9-15 Page 7 of 13 committee membership to nine (9) with an additional member from the City Council, seconded by Ald. Rainey. Ald. Rainey asked if the Committee discussed adding an Alderman. Ald. Burrus confirmed. There was discussion about adding an Alderman to other committees including Rules Committee. Mr. Lyons clarified that the Aldermen who served on Parking and Transportation also served on Economic Development and that adding Aldermen would help with quorum. There was discussion around quorum issues and attendance. Mr. Bobkiewicz stated that there were many issues facing the Parking and Transportation Committee and adding an Alderman to the Committee would help. The Committee voted unanimously 4-0 to recommend adoption of the resolution. (A7) Resolution 24-R-15, Supporting the Northwest Municipal Conference 2015 Legislative Program Mayor Tisdahl and staff recommend City Council adoption of Resolution 24-R-15 supporting the Northwest Municipal Conference 2015 Legislative Program. For Action Ald. Burrus moved to recommend City Council adopt Resolution 24-R-15 supporting the Northwest Municipal Conference 2015 Legislative Program, seconded by Ald. Rainey. The Committee voted unanimously 4-0 to recommend adoption of the resolution. (A8) Resolution 25-R-15, Adopting the Cook County Hazard Mitigation Plan Staff recommends City Council adoption of Resolution 25-R-15 authorizing adoption of the Cook County Multi-jurisdictional Hazard Mitigation Plan (HMP). For Action Ald. Braithwaite moved to recommend City Council adopt Resolution 25-R- 15 authorizing adoption of the Cook County Multi-jurisdictional Hazard Mitigation Plan (HMP), seconded by Ald. Holmes. The Committee voted unanimously 4-0 to recommend adoption of the resolution. (A9) Resolution 29-R-15, Authorizing an Easement Agreement with OMS/AR Evanston LLC for Construction along Chicago Avenue and Main Street Staff recommends City Council adoption of Resolution 29-R-15, authorizing the City Manager to negotiate and execute an Easement Agreement with OMS/AR 38 of 521 Administration and Public Works Committee Meeting Minutes of 3-9-15 Page 8 of 13 Evanston LLC for a sheeting easement for construction along Chicago Avenue and Main Street in the public right-of-way. For Action Ald. Rainey moved to recommend to City Council adoption of Resolution 29-R-15, authorizing the City Manager to negotiate and execute an Easement Agreement with OMS/AR Evanston LLC for a sheeting easement for construction along Chicago Avenue and Main Street in the public right- of-way, seconded by Ald. Holmes. The Committee voted unanimously 4-0 to recommend adoption of the resolution. (A10) Resolution 30-R-15, Authorizing Surface Transportation Program (STP) Application for Howard Street from Dodge Avenue to Custer Avenue Staff recommends City Council adoption of Resolution 30-R-15, which authorizes the City Manager to submit a Surface Transportation Program (STP) application for the Howard Street improvements from Dodge Avenue to Custer Avenue. The Phase II engineering, construction and construction engineering is estimated at $3,525,600. STP funds would be 70% of the total project’s cost, or $2,349,060. City local share estimate of $921,540 must be budgeted in the Capital Improvement Plan. For Action Ald. Holmes moved to recommend to City Council adoption of Resolution 30-R-15, which authorizes the City Manager to submit a Surface Transportation Program (STP) application for the Howard Street improvements from Dodge Avenue to Custer Avenue, seconded by Ald. Rainey. Ald. Rainey confirmed that this project wouldn’t have any effect on the project happening from Hartrey to Dodge. The Committee voted unanimously 4-0 to recommend adoption of the resolution. (A11) Ordinance 35-O-15, Amending Title 9, Chapter 5, Regarding Regulations of Leaf Blowers City staff recommends City Council adoption of Ordinance 35-O-15, revising regulations regarding use of leaf blowers in the City of Evanston. For Introduction Ald. Burrus moved to recommend City Council adopt Ordinance 35-O-15, revising regulations regarding use of leaf blowers in Evanston, seconded by Ald. Braithwaite. Ald. Holmes asked about enforcements. Mr. Bobkiewicz stated that the use of leaf blowers is a polarizing topic. He stated that enforcement was a concern and discussed challenges. He also discussed the main changes in the ordinance including a clarification of language and provision of a specific final date for use. The date is the first Tuesday in 39 of 521 Administration and Public Works Committee Meeting Minutes of 3-9-15 Page 9 of 13 December to sync with the last date the City and private companies will collect yard waste. He suggested the use of targeted enforcement and closed by stating resident concerns and resident sentiment that the City needs to do more to address issue. There was discussion of the noise generated by leaf blowers as opposed to other machines like lawn mowers and snow blowers, the noise ordinance and enforcement. Ald. Rainey stated that enforcement against the property owner would be effective since it was the property owner who hires the landscape company. Residents can provide information on the homeowners who hire landscapers who violate rules or blow debris on other properties. Mr. Bobkiewicz stated that the language in the ordinance has been amended to do that. There was further discussion around past attempts to regulate. The Committee voted unanimously 4-0 to recommend adoption of the ordinance. (A12.1)Ordinance 6-O-15, Amending Firearm Regulations in the City of Evanston Staff recommends City Council adoption of Ordinance 6-O-15 to amend firearm regulations consistent with state and federal law. For Introduction Ald. Braithwaite moved to recommend City Council adopt Ordinance 6-O-15 to amend firearm regulations consistent with state and federal law, seconded by Ald. Holmes. Citizen Comments Denyse Stoneback urged the Committee to review the ordinance stating that the distance was not great enough. She further discussed other ordinances that were more restrictive and encouraged the Committee to restrict guns as much as possible. Patti Bick also spoke in favor of increasing the distance restricting gun sales near schools and parks. Joel Siegel with Jews for Preservation of Firearms Preservation spoke against restricting gun sales and shooting ranges. Ald. Holmes asked about the ordinance regulating the distance for liquor and tobacco sales. Ald. Rainey clarified one of the speaker’s comments and asked Deputy City Attorney, Michelle Masoncup to clarify if businesses were allowed to sell guns in Evanston. Ms. Masoncup replied that the ordinance only allowed ammunition sales at a fire arms distributer. 40 of 521 Administration and Public Works Committee Meeting Minutes of 3-9-15 Page 10 of 13 Ald. Rainey asked if gun ranges could be banned in Evanston. Ms. Masoncup replied that they couldn’t be banned and the City couldn’t enact a prohibition. She further stated that because the City Code doesn’t address this issue, the City needs to conform to State law. The proposed ordinance addresses this issue. There was discussion about gun ranges and whether they could be banned and how City code could conform to State laws. There was also discussion about shooting galleries and Evanston’s zoning code. Ms. Masoncup also discussed next steps should the ordinance pass. Ald. Holmes asked if the distance in the ordinance could be the same or greater than the distance required by liquor and tobacco sales. Ms. Masoncup replied that that great a distance would enact a prohibition. She further stated that 500 feet was the maximum distance allowed. Ald. Holmes moved to amend the ordinance to include a distance of 500 feet. Ms. Masoncup pointed out that staff would need to review the map. Ald. Braithwaite moved to hold the issue in Committee. Ald. Holmes asked about restricting to manufacturing districts. Ms. Masoncup agreed that the restriction was proposed in the ordinance. Ald. Burrus confirmed that the issue would be brought to the next A&PW Committee meeting. There was further discussion around organizations including day care facilities and community centers that qualified for the zoning restriction. (A12.2)Report Concerning Firearm Regulations in Multi-family Residences in the City of Evanston Staff recommends the report be received and filed. For Action: Receive and Place on File Ald. Braithwaite moved to recommend that the report be received and filed seconded by Ald. Holmes. Ald. Rainey pointed out that property owners can ban smoking and asked if they could ban weapons also. Ms. Masoncup stated that the issue would be brought back to the Committee. Ald. Burrus stated that this issue would be held in Committee also. 41 of 521 Administration and Public Works Committee Meeting Minutes of 3-9-15 Page 11 of 13 (A13) Ordinance 11-O-15, Adding Title 3, Chapter 31, “Pedicabs” City staff recommends City Council adoption of Ordinance 11-O-15, which addresses traffic and safety concerns at Northwestern University athletic events. For Introduction Ald. Rainey moved to recommend City Council adopt Ordinance 11-O-15 which addresses traffic and safety concerns at Northwestern University athletic events, seconded by Ald. Braithwaite. Ald. Rained stated that she thought the ordinance was excessive. Ald. Braithwaite stated that he had similar concerns. Mr. Bobkiewicz stated that the City was trying to better manage the pedicabs and asked the Committee for more direction. He suggested leaving this issue in committee and allowing staff to make adjustments. He further stated that there are safety issues given the number of pedicabs present after games. He closed by stating that if the Committee thought there was any merit, then staff could make adjustments otherwise staff will continue to monitor the situation as they have done for the past two years. Ald. Burrus asked if pedicabs operating during non-athletic events needed licenses. She stated that the ordinance seemed targeted. There was discussion around what to do with the ordinance. Mr. Bobkiewicz stated that the number of vehicles has become an issue and requested continued monitoring of the situation for the next year. He stated that the Police Department identified safety concerns. He further suggested working with the Pedicab Association. Ald. Burrus suggested a consistent taxation policy to encourage pedicabs to come year round. Ald. Rainey stated that the City Manager had a point about safety issues and agreed that meeting with the Pedicab Association would be a good next step. There was further discussion around the benefits of pedicabs, but recognition that safety issues were a concern. (A14) Ordinance 31-O-15, Amending the Hazardous Material Cost Recovery Program Staff recommends City Council adoption of Ordinance 31-O-15 to amend the hazardous material cost recovery program to reflect current and updated costs of providing emergency services in certain situations. For Introduction Ald. Holmes moved to recommend City Council adopt Ordinance 31-O-15 to amend the hazardous material cost recovery program to reflect current and 42 of 521 Administration and Public Works Committee Meeting Minutes of 3-9-15 Page 12 of 13 updated costs of providing emergency services in certain situations, seconded by Ald. Rainey. The Committee voted unanimously 4-0 to recommend adoption of the ordinance. (A15) Ordinance 32-O-15, Increasing the Number of Class T Liquor Licenses for Carter Investments, Inc., d/b/a Feast & Imbibe, 1601 Simpson Street, #3 Staff recommends City Council adoption of Ordinance 32-O-15, which amends Evanston City Code of 2012 Subsection 3-4-6-(T), as amended, to increase the number of authorized Class T liquor licenses from two (2) to three (3) to permit issuance to Carter Investments, Inc., d/b/a Feast & Imbibe (“Company”), 1601 Simpson Street, #3. For Introduction Ald. Burrus moved to recommend City Council adopt Ordinance 32-O-15 which amends Evanston City Code of 2012 Subsection 3-4-6-(T), as amended, to increase the number of authorized Class T liquor licences from two (2) to three (3) to permit issuance to Carter Investments, Inc. d/b/a Feast & Imbibe (“Company”), 1601 Simpson Street, #3, seconded by Ald. Braithwaite. The Committee voted unanimously 4-0 to recommend adoption of the ordinance. (A16) Ordinance 33-O-15, Increasing the Number of Class D Liquor Licenses for Blaze IL Store 5, LLC d/b/a Blaze Pizza, 1737 Sherman Ave. Staff recommends City Council adoption of Ordinance 33-O-15, which amends Evanston City Code to increase the number of authorized Class D liquor licenses from fifty (50) to fifty-one (51) to permit issuance to Blaze IL Store 5, LLC d/b/a Blaze Pizza (“Company”), 1737 Sherman Ave. For Introduction Ald. Braithwaite moved to recommend City Council adopt Ordinance 33-O- 15 which amends Evanston City Code to increase the number of authorized Class D liquor licenses from fifty (50) to fifty-one (51) to permit issuance to Blaze IL Store 5, LLC d/b/a Blaze Pizza (“Company”), 1737 Sherman Ave., seconded by Ald. Rainey. The Committee voted unanimously 4 -0 to recommend adoption of the ordinance. (A17) Ordinance 34-O-15, Increasing the Number of Class S-1 Liquor Licenses for The Woman’s Club of Evanston, 1702 Chicago Ave. Staff recommends City Council adoption of Ordinance 34-O-15, which amends Evanston City Code to increase the number of authorized Class S-1 liquor licenses from zero (0) to one (1) to permit issuance to the Woman’s Club of Evanston (“Company”), 1702 Chicago Ave. For Introduction Ald. Rainey moved to suspend the rules and adopt Ordinance 34-O-15, which amends Evanston City Code to increase the number of authorized 43 of 521 Administration and Public Works Committee Meeting Minutes of 3-9-15 Page 13 of 13 Class S-1 liquor licenses from zero (0) to one (1) to permit issuance to the Woman’s Club of Evanston (“Company”), 1702 Chicago Ave., seconded by Ald. Braithwaite. The Committee voted unanimously to suspend the rules and adopt the ordinance. IV. DISCUSSION No Discussion items V. COMMUNICATIONS No Communications V. ADJOURNMENT Ald. Holmes moved to adjourn, seconded by Ald. Braithwaite. The meeting was adjourned at 7:15pm. Respectfully submitted, Jessica Wingader 44 of 521 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: March 18, 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 – February 23, 2015 through March 08, 2015 $2,608,653.60 (Payroll includes employer portion of IMRF, FICA, and Medicare) Bills List – March 24, 2015 $ 3,430,137.21 General Fund Amount – Bills list $ 276,332.81 TOTAL AMOUNT OF BILLS LIST & PAYROLL $ 6,038,790.81 *Advanced checks are issued prior to submission of the Bills List to the City Council for emergency purposes, to avoid penalty, or to take advantage of early payment discounts. Attachments: Bills List For City Council meeting of March 23, 2015 Item A1/A2 Business of the City by Motion: City Payroll and Bills For Action Memorandum 45 of 521 CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.24.2015 FY15 100 GENERAL FUND 100 GENERAL SUPPORT 22775 VERIZON WIRELESS COMMUNICATION CHARGES 1,265.52 41420 HARVEY COMMUNICATIONS INC.VEHICLE EQUIPMENT 1,657.80 100 GENERAL SUPPORT Total 2,923.32 1300 CITY COUNCIL 62295 NORTHWEST MUNICIPAL CONFERENCE 2015 NWMC LEGISLATIVE BRUNCH 225.00 1300 CITY COUNCIL Total 225.00 1400 CITY CLERK 65095 OFFICE DEPOT OFFICE SUPPLIES 367.69 1400 CITY CLERK Total 367.69 1505 CITY MANAGER 62295 NORTHWEST MUNICIPAL CONFERENCE 2015 NWMC LEGISLATIVE BRUNCH 45.00 62295 HILTON GARDEN INN LODGING FOR VISITING MANAGEMENT CONSULTANT 459.69 62295 WALTER BOBKIEWICZ REIMBURSEMENT- BUSINESS DINNER W/JEAN BONANDER 50.00 62295 WALTER BOBKIEWICZ REIMBURSEMENT- ILCMA CONFERENCE 147.84 62360 AMERICAN SOCIETY FOR PUBLIC ADMINISTRATION ASPA FULL MEMBERSHIP (2015-2016)100.00 64540 AT & T MOBILITY *COMMUNICATION CHARGES 162.77 1505 CITY MANAGER Total 965.30 1510 PUBLIC INFORMATION 65095 OFFICE DEPOT OFFICE SUPPLIES 226.03 1510 PUBLIC INFORMATION Total 226.03 1580 COMMUNITY ARTS 66040 ON TRACK FULFILLMENT INC.NOYES GALLERY POSTCARDS 155.00 66040 UNITED STATES POSTAL SERVICE POSTAL FEE FOR NOYES GALLERY MAILINGS 124.22 1580 COMMUNITY ARTS Total 279.22 1705 LEGAL ADMINISTRATION 62345 FEDERAL EXPRESS CORP.MAIL DELIVERY 21.89 65010 WEST GROUP PAYMENT CTR LEGAL RESEARCH 992.46 1705 LEGAL ADMINISTRATION Total 1,014.35 1905 ADM.SERVICES- GENERAL SUPPORT 65095 ALLEGRA PRINT & IMAGING BUSINESS CARDS A. KING 39.00 1905 ADM.SERVICES- GENERAL SUPPORT Total 39.00 1910 FINANCE DIVISION - REVENUE 64541 AZAVAR TECHNOLOGIES UTILITY TAX AUDIT 51.92 65095 OFFICE DEPOT OFFICE SUPPLIES 348.05 1910 FINANCE DIVISION - REVENUE Total 399.97 1915 HUMAN RESOURCE DIVI. - PAYROLL 65085 FORMAX DIVISION OF BESCORP, INC.FOLDER/SEALER SERVICE CONTRACT 683.00 1915 HUMAN RESOURCE DIVI. - PAYROLL Total 683.00 1920 FINANCE DIVISION - ACCOUNTING 62185 ACCOUNTEMPS ACCOUNTING SERVICE 863.18 62185 ACCOUNTEMPS COLLECTIONS COORD 1,107.00 62185 SMART RESOURCES, INC *TEMP-EXEC ASSISTANCE 6 WEEKS 6,017.87 62185 SMART RESOURCES, INC TEMP-EXEC ASSISTANCE W/K 03/08 1,010.80 62280 FEDERAL EXPRESS CORP.SHIPPING 200.33 65095 OFFICE DEPOT OFFICE SUPPLIES 131.73 1920 FINANCE DIVISION - ACCOUNTING Total 9,330.91 1925 FINANCE DIVISION - PURCHASING 62185 GOV TEMPS USA, LLC BUSINESS DIVERSITY COMPLIANCE OFFICER W/E 02/08 1,102.50 62185 GOV TEMPS USA, LLC BUSINESS DIVERSITY COMPLIANCE OFFICER W/E 02/15 1,102.50 62360 SAM'S CLUB DIRECT *MEMBERSHIP FEES 45.00 65095 OFFICE DEPOT OFFICE SUPPLIES 278.63 1925 FINANCE DIVISION - PURCHASING Total 2,528.63 1929 HUMAN RESOURCE DIVISION 62270 NORTH SHORE ENH OMEGA RANDOM CONSORTIUM-DRUG SCREENINGS 7,000.00 62509 EAP CONSULTANTS, INC.EAP MONTHLY INVOICE-MARCH 2015 939.60 1929 HUMAN RESOURCE DIVISION Total 7,939.60 1932 INFORMATION TECHNOLOGY DIVI. 62175 IRON MOUNTAIN OSDP OFFSITE DATE PROTECTION MONTHLY EXPENSES 581.29 62250 SMS SYSTEMS MAINTENANCE SERVICES, INC.COMPUTER HARDWARE MAINTENANCE 485.80 62340 SHI INTERNATIONAL CORP VEEAM BACKUP ANNUAL RENEWAL 2,186.00 62340 AT & T COMMUNICATION CHARGES 145.32 62340 MUNICIPAL CODE CORPORATION 2015 LASERFICHE SUPPORT LICENSE 17,781.40 62380 US BANK EQUIPMENT FINANCE COPIER CHARGES 3,036.81 62380 CHICAGO OFFICE TECHNOLOGY GROUP COPIER CHARGES 2,886.34 64505 AT & T COMMUNICATION CHARGES 190.29 146 of 521 CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.24.2015 FY15 64505 CALL ONE COMMUNICATION CHARGES 7,261.37 64540 VERIZON WIRELESS COMMUNICATION CHARGES 1,547.31 65095 OFFICE DEPOT OFFICE SUPPLIES 2,232.03 65095 OFFICE DEPOT PRINTER TONER FROM OFFICE DEPOT 1,128.44 65615 COMCAST CABLE *COMMUNICATION CHARGES 3,863.20 65615 COMCAST CABLE COMMUNICATION CHARGES 596.68 65615 A & R SHARED SERVICE CENTER COMMUNICATIONS CHARGES 583.33 1932 INFORMATION TECHNOLOGY DIVI. Total 44,505.61 1941 PARKING ENFORCEMENT & TICKETS 65095 OFFICE DEPOT OFFICE SUPPLIES 115.54 1941 PARKING ENFORCEMENT & TICKETS Total 115.54 2105 PLANNING & ZONING 65095 OFFICE DEPOT OFFICE SUPPLIES 44.84 2105 PLANNING & ZONING Total 44.84 2126 BUILDING INSPECTION SERVICES 52080 FRANK STOWELL & SONS, INC.PERMIT REFUND-14INTR-0389 227.43 62210 ALLEGRA PRINT & IMAGING BUSINESS CARDS SCOTT WILLIAMS 39.00 62295 ILLINOIS PLUMBING INSPECTORS CONT. EDUCATION PLUMBING-120.00 62295 ILLINOIS PLUMBING INSPECTORS CONT. EDUCATION PLUMBING-RUDNY 120.00 62425 ELEVATOR INSPECTION SERVICE ELEVATOR SERVICE 50.00 62464 SAFEBUILT ILLINOIS BACKUP INSPECTIONS & PLAN REVIEWS 238.29 65095 OFFICE DEPOT OFFICE SUPPLIES 14.69 65095 OFFICE DEPOT OFFICE SUPPLIES 24.69 2126 BUILDING INSPECTION SERVICES Total 834.10 2128 EMERGENCY SOLUTIONS GRANT 67110 CONNECTIONS FOR THE HOMELESS 2013 ESG GRANT DEC. 2014 1,271.44 67110 CONNECTIONS FOR THE HOMELESS 2014 ESG GRANT DEC. 2014 16,183.41 67110 CONNECTIONS FOR THE HOMELESS 2014 ESG GRANT JAN. 2015 12,829.16 2128 EMERGENCY SOLUTIONS GRANT Total 30,284.01 2205 POLICE ADMINISTRATION 62210 TEUTEBERG INC PRINTING-EPD RECEIPT BOOKS 682.34 62245 EVANSTON CAR WASH & DETAIL CENTER EPD-CAR WASHES 256.00 62360 NORTH REGIONAL MAJOR CRIMES TASK FORCE ANNUAL DUES 4,100.00 62360 NORTHERN ILLINOIS POLICE ALARM SYSTEM LANGUAGE LINE 45.50 62360 OFFICETEAM TEMPORARY EMPLOYEE 1,275.00 62360 PERSKY, DANIEL DOJ GRANT PROPOSAL 2,250.00 62360 LEADS ONLINE LLC ANNUAL DUES 4,920.00 62375 MICROSYSTEMS INC.MICROFILM STORAGE 431.57 62375 WEST GROUP PAYMENT CTR INFORMATION CHARGES 310.91 62375 PORTER LEE CORPORATION ANNUAL SUPPORT-BEAST SYSTEM 3,045.00 64005 COMED UTILITIES 109.24 64015 NICOR UTILITIES 342.53 65125 EVANSTON FUNERAL & CREMATION BODY REMOVAL 724.00 2205 POLICE ADMINISTRATION Total 18,492.09 2210 PATROL OPERATIONS 65020 J. G. UNIFORMS, INC UNIFORMS 45.00 65020 VCG UNIFORM UNIFORMS 1,188.00 65020 ARTISTIC ENGRAVING BADGES & STARS 636.10 2210 PATROL OPERATIONS Total 1,869.10 2240 POLICE RECORDS 65095 MSF GRAPHICS, INC.PRINTING 243.75 65095 OFFICE DEPOT OFFICE SUPPLIES-FOLDERS 19.96 65095 OFFICE DEPOT OFFICE SUPPLIES-BANKERS BOXES/PENS/CLIPS 56.55 65095 OFFICE DEPOT OFFICE SUPPLIES-CREDIT MEMO (182.10) 65095 OFFICE DEPOT OFFICE SUPPLIES-FOLDERS/OUTLET 159.63 65095 OFFICE DEPOT OFFICE SUPPLIES-SCISSORS 6.19 2240 POLICE RECORDS Total 303.98 2250 SERVICE DESK 62425 COLLEY ELEVATOR CO.ELEVATOR INSPECTION-MARCH 181.00 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 36.94 2250 SERVICE DESK Total 217.94 2251 311 CENTER 64505 VERIZON WIRELESS COMMUNICATION CHARGES 38.01 64505 AT & T *311 SERVICE 400.05 2251 311 CENTER Total 438.06 247 of 521 CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.24.2015 FY15 2255 OFFICE-PROFESSIONAL STANDARDS 61055 NET TRANSCRIPTS, INC.TRANSCRIPTS 141.75 2255 OFFICE-PROFESSIONAL STANDARDS Total 141.75 2260 OFFICE OF ADMINISTRATION 62295 COLLEGE OF DUPAGE TRAINING-DIGITAL INVESTIGATIONS 95.00 62295 KLOPACK, STEVEN MEALS-REID INTERVIEW 45.00 62295 EVANSTON ATHLETIC CLUB HEALTH CLUB DUES 773.45 62295 NORTH EAST MULTI-REGIONAL TRAINING INC TRAINING 350.00 62295 JODIE HART MEALS-NU SUPERVISION SCHOOL 150.00 62295 MARIO MILLER MEALS-ET SCHOOL 150.00 62295 CHELSEA BROWN MEALS-NU SUPERVISION SCHOOL 150.00 62295 JEFFREY FAISON MEALS-NU SUPERVISION SCHOOL 150.00 62295 ADAM PACK MEALS-REID INTERVIEW 45.00 62295 RICHARD A. TYSON MEALS-ET SCHOOL 150.00 62295 ALICE WARD MEALS-ET SCHOOL 150.00 64565 COMCAST CABLE UTILITIES 24.21 65015 O'HERRON CO., INC., RAY AMMUNITION 2,145.19 2260 OFFICE OF ADMINISTRATION Total 4,377.85 2270 TRAFFIC BUREAU 65125 NORTH SHORE TOWING CLEAN UP DEBRIS 90.00 65125 NORTH SHORE TOWING TOW & HOOK 50.00 2270 TRAFFIC BUREAU Total 140.00 2280 ANIMAL CONTROL 62295 ANDERSON PEST CONTROL PEST CONTROL 52.76 64015 NICOR UTILITIES 353.93 65125 PETSMART KITTY LITTER 67.99 2280 ANIMAL CONTROL Total 474.68 2305 FIRE MGT & SUPPORT 62275 MAIL SORT, INC.ALARM INVOICING MAILING 1,879.12 62295 CITY OF ELGIN SEMINAR 30.00 62315 FEDERAL EXPRESS CORP.SHIPPING 50.51 62335 FRIEDMAN, CHAYA DATABASE MAINTENANCE 250.00 62360 ILLINOIS FIRE CHIEFS ASSOCIATION 2015 MEMBERSHIP 600.00 64015 NICOR UTILITIES 1,437.97 64540 VERIZON WIRELESS COMMUNICATION CHARGES 152.04 65020 AIR ONE EQUIPMENT BOOTS 630.00 65020 AIR ONE EQUIPMENT NEW HIRE TURNOUT PPE 2,356.00 65020 AIR ONE EQUIPMENT UNIFORMS 579.50 65020 W S DARLEY & CO GEAR BAGS 89.90 65020 TODAY'S UNIFORMS INC.UNIFORMS 1,310.35 65125 CASEY, PETER REIMBURSE- PHOTOFINISHING 144.25 2305 FIRE MGT & SUPPORT Total 9,509.64 2310 FIRE PREVENTION 62250 CDS OFFICE TECHNOLOGIES COMPUTER PARTS 381.24 62250 ZOLL DATA SYSTEMS SOFTWARE SUBSCRIPTION 550.00 2310 FIRE PREVENTION Total 931.24 2315 FIRE SUPPRESSION 53675 ANDRES MEDICAL BILLING JANUARY AMBULANCE CHARGES 10,246.28 62295 DAUGHERTY, DERON K REIMBURSE- IFSI TRAINING 688.24 62295 NORTHEASTERN ILLINOIS PUBLIC SAFETY FIREFIGHTER TRAINING 1,050.00 62295 WAYNE DAVIS REIMBURSE- EMT RENEWAL 41.75 62360 SAM'S CLUB DIRECT *MEMBERSHIP FEES 75.00 62521 STRYKER SALES CORPORATION STRETCHER SYSTEM MAINTENANCE 16,444.00 62522 AIR ONE EQUIPMENT AIR QUALITY TEST 603.00 62523 DIVE RIGHT IN SCUBA RESCUE GEAR REPAIR 170.00 65015 PRAXAIR DISTIBUTION INC EMS OXYGEN 530.37 65015 PRAXAIR DISTIBUTION INC MEDICAL OXYGEN 490.18 65040 SAM'S CLUB DIRECT *SUPPLIES- JANITORIAL 250.37 2315 FIRE SUPPRESSION Total 30,589.19 2407 HEALTH SERVICES ADMIN 62295 OAKTON COMMUNITY COLLEGE *REGISTRATION DOMESTIC VIOLENCE CONF.50.00 62360 SAM'S CLUB DIRECT *MEMBERSHIP FEES 15.00 2407 HEALTH SERVICES ADMIN Total 65.00 2435 FOOD AND ENVIRONMENTAL HEALTH 62295 ILLINOIS ASSOCIATION OF CODE ENFORCEMENT REGISTRATION FOR IACE QTR. MEETING 105.00 62295 OLSEN, GREG REGISTRATION- LEAD INSPECTOR TRAINING 187.00 62468 COMCAST HOLDINGS CORPORATION TOBACCO GRANT 2,800.00 62477 VERIZON WIRELESS COMMUNICATION CHARGES 412.74 62493 TEPIC LANDSCAPING, INC.SNOW REMOVAL 9,500.00 64540 VERIZON WIRELESS COMMUNICATION CHARGES 286.65 2435 FOOD AND ENVIRONMENTAL HEALTH Total 13,291.39 348 of 521 CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.24.2015 FY15 2440 VITAL RECORDS 62490 IL DEPT OF PUBLIC HEALTH DEATH CERTIFICATES 1,292.00 65095 MSF GRAPHICS, INC.BIRTH CERTIFICATES 988.00 2440 VITAL RECORDS Total 2,280.00 2455 COMMUNITY HEALTH 61055 ACCOUNTEMPS TEMP MEDICAL BILLER 665.21 62371 EVANSTON IMPRINTABLES, INC.WOW T-SHIRTS 2,487.25 62371 FEDEX KINKO'S - CAS SHIPPING 482.00 2455 COMMUNITY HEALTH Total 3,634.46 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 2610 MUNICIPAL SERVICE CENTER Total 93.00 2640 TRAF. SIG. & ST. LIGHT. MAINT 64006 COMED UTILITIES 691.66 65070 ELCAST LIGHTING STREETLIGHT FIXTURE REPAIR 500.00 2640 TRAF. SIG. & ST. LIGHT. MAINT Total 1,191.66 2655 PARKS & FORESTRY MAINT. & OPER. 65070 ALEXANDER EQUIPMENT CO.STARTER 193.75 2655 PARKS & FORESTRY MAINT. & OPER. Total 193.75 2665 STREETS AND SANITATION ADMINIS 64540 VERIZON WIRELESS COMMUNICATION CHARGES 380.10 65095 ALLEGRA PRINT & IMAGING BUSINESS CARDS FOR PUBLIC WORKS STAFF 429.00 2665 STREETS AND SANITATION ADMINIS Total 809.10 2670 STREET AND ALLEY MAINTENANCE 62509 AZTECA SYSTEMS, INC.CITY WORKS ANNUAL RENEWAL 9,602.14 65055 OZINGA CHICAGO RMC, INC.CONCRETE 1,017.00 65115 JT INDUSTRIES SUPPLIES FOR STREET SIGNS 475.00 2670 STREET AND ALLEY MAINTENANCE Total 11,094.14 2677 FACILITIES 62225 ANDERSON PEST CONTROL PEST CONTROL 464.20 62225 MARK VEND COMPANY ALDERMANIC LIBRARY VENDING SERVICE 154.72 62295 INTERNATIONAL MUNICIPAL SIGNAL ASSOC. IMSA IMSA TRAINING AND MEMBERSHIP 3,000.00 62360 SAM'S CLUB DIRECT *MEMBERSHIP FEES 15.00 64005 COMED UTILITIES 1,220.48 65040 WAREHOUSE DIRECT INC.JANITORIAL SUPPLIES 340.82 65050 OTIS ELEVATOR COMPANY ANNUAL CIVIC CENTER ELEVATOR INSPECTION 375.00 65050 OTIS ELEVATOR COMPANY ANNUAL CIVIC CENTER ELEVATOR INSPECTION AND TEST 1,590.00 2677 FACILITIES Total 7,160.22 2680 SNOW AND ICE CONTROL 65015 MORTON SALT ROCK SALT 43,126.50 2680 SNOW AND ICE CONTROL Total 43,126.50 3020 REC GENERAL SUPPORT 65125 VERIZON WIRELESS COMMUNICATION CHARGES 418.11 3020 REC GENERAL SUPPORT Total 418.11 3025 PARK UTILITIES 64015 NICOR UTILITIES 157.05 3025 PARK UTILITIES Total 157.05 3030 CROWN COMMUNITY CENTER 65025 SAM'S CLUB DIRECT *SUPPLIES-PRESCHOOL SNACKS 46.36 65025 SAM'S CLUB DIRECT *SUPPLIES-VALENTINE PARTY 53.36 65110 SAM'S CLUB DIRECT *SUPPLIES-CLASS ROOM 105.42 65110 SAM'S CLUB DIRECT *SUPPLIES-CLEANING 19.98 65110 SAM'S CLUB DIRECT *SUPPLIES-LUNCH SUPPLIES 149.13 65110 SAM'S CLUB DIRECT *SUPPLIES-SNACK SUPPLIES 78.72 3030 CROWN COMMUNITY CENTER Total 452.97 3035 CHANDLER COMMUNITY CENTER 62235 MIDWEST TIME RECORDER CLOCKS, TIMEPIECES 185.00 62360 SAM'S CLUB DIRECT *MEMBERSHIP FEES 45.00 62495 ANDERSON PEST CONTROL PEST CONTROL 62.40 62495 LAPORT INC CUSTODIAL SUPPLIES 242.79 62505 E-TOWN TENNIS YOUTH & ADULT TENNIS INSTRUCTION 2015 3,846.85 449 of 521 CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.24.2015 FY15 64015 NICOR UTILITIES 250.25 65095 ILLINOIS PAPER COMPANY COPY PAPER 120.30 65110 BSN SPORTS RECREATION SUPPLIES 47.63 65110 FITNESS WEAR, INC.ATHLETIC CLOTHING 215.74 3035 CHANDLER COMMUNITY CENTER Total 5,015.96 3040 FLEETWOOD JOURDAIN COM CT 62210 GENERATION COPY INC WOMEN'S DAY FLIERS 130.00 62225 STA-KLEEN INC.HOOD CLEANING 290.00 62225 STA-KLEEN INC.MONTHLY STOVE MAINTENANCE 41.00 62225 HENRICHSEN FIRE EQUIPMENT COMPANY FIRE SAFETY EQUIPMENT 222.45 62360 SAM'S CLUB DIRECT *MEMBERSHIP FEES 30.00 62495 ANDERSON PEST CONTROL PEST CONTROL 41.00 62495 ANDERSON PEST CONTROL PEST CONTROL 82.00 65025 SAM'S CLUB DIRECT *SUPPLIES-AFTER SCHOOL 28.96 65025 CATHOLIC CHARITIES OF CHICAGO SENIOR LUNCH PROGRAM 3,310.80 65110 COMCAST CABLE COMMUNICATION CHARGES 105.02 65110 EMERGENCY MEDICAL PRODUCT FIRST AID SUPPLIES 184.50 3040 FLEETWOOD JOURDAIN COM CT Total 4,465.73 3045 FLEETWOOD/JOURDAIN THEATR 62490 SAM'S CLUB DIRECT *MEMBERSHIP FEES 15.00 62505 AGUIRRE, NICHOLIA COORDINATION WORK FOR THEATRE 700.00 62505 AGUIRRE, NICHOLIA DIRECTOR TATER TOT THEATRE 700.00 65095 OFFICE DEPOT OFFICE SUPPLIES 483.40 3045 FLEETWOOD/JOURDAIN THEATR Total 1,898.40 3050 RECREATION OUTREACH PROGRAM 62490 ANDERSON PEST CONTROL PEST CONTROL 43.00 62495 ANDERSON PEST CONTROL PEST CONTROL 33.33 62495 ANDERSON PEST CONTROL PEST CONTROL 66.66 62505 LARKIN, ANDREW AFTER SCHOOL INSTRUCTOR 300.00 62511 WRIGHT, TONY VALENTINE DAY BALLOON SCULPTURES 250.00 3050 RECREATION OUTREACH PROGRAM Total 692.99 3055 LEVY CENTER SENIOR SERVICES 62245 DIRECT FITNESS SOLUTIONS NU STEP REPAIR FOR FITNESS ROOM 115.00 62360 SAM'S CLUB DIRECT *MEMBERSHIP FEES 45.00 62495 ANDERSON PEST CONTROL PEST CONTROL 44.96 62505 COMPUTER TRAINING & SUPPORT SERVICES ONE ON ONE COMPUTER TRAINING LESSONS 100.00 62505 COMPUTER TRAINING & SUPPORT SERVICES ONE ON ONE INSTRUCTION PAYMENT 50.00 62505 ULTIMATE FITNESS PAYMENT FOR YOUTH BOXING CLASS INSTRUCTION 867.20 62505 CARNEY, GINGER PAYMENT FOR MELT METHOD CLASS INSTRUCTION 576.00 62505 TIMOTHY PLACE BALLROOM DANCE INSTRUCTION 510.00 62507 SKOKIE PARK DISTRICT REIMBURSEMENT FOR TEEN TRIP TO KALAHARI 76.00 62509 CINTAS CORPORATION #769 MONTHLY MAT SERVICE LEVY 202.10 62509 OFFICE OF THE STATE FIRE MARSHALL BOILER INSPECTION CERTIFICATES 10.00 62511 COMCAST CABLE COMMUNICATION CHARGES 136.60 64015 NICOR UTILITIES 348.29 65040 LAPORT INC JANITORIAL SUPPLIES 596.71 65095 OFFICE DEPOT OFFICE SUPPLIES 202.53 65110 MOBILE MINI, INC.MONTHLY STORAGE POD RENTAL LEVY 111.58 3055 LEVY CENTER SENIOR SERVICES Total 3,991.97 3080 BEACHES 65045 ANDERSON PEST CONTROL PEST CONTROL 43.00 3080 BEACHES Total 43.00 3095 CROWN ICE RINK 62245 JORSON & CARLSON BLADE SHARPENING 35.49 62375 JEAN'S GREENS, INC.PLANT SERVICE FOR FEBRUARY 100.00 62495 ANDERSON PEST CONTROL PEST CONTROL 79.00 62508 SHAWN PFEIFFER REFEREE FOR ADULT BROOMBALL 140.00 62508 MATTHEW LEVI REFEREE FOR ADULT BROOMBALL GAMES 140.00 62508 KRISTOFER KNUTSON REFEREE FOR ADULT BROOMBALL 140.00 62508 KRISTOFER KNUTSON REFEREE FOR ADULT BROOMBALL GAMES 140.00 62508 LAPPING, RENEE SCORE KEEPER FOR BROOMBALL 60.00 62508 LAPPING, RENEE SCOREKEEPER FOR ADULT BROOMBALL 60.00 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 1,381.70 65050 ATLAS BOBCAT, INC.MAINTENANCE EQUIPMENT 750.67 3095 CROWN ICE RINK Total 3,026.86 3100 SPORTS LEAGUES 65110 SANTO SPORT STORE SOFTBALLS FOR LEAGUES 1,081.00 3100 SPORTS LEAGUES Total 1,081.00 3130 SPECIAL RECREATION 62360 SAM'S CLUB DIRECT *MEMBERSHIP FEES 15.00 65025 SAM'S CLUB DIRECT *SUPPLIES-BEVERAGES 48.76 3130 SPECIAL RECREATION Total 63.76 550 of 521 CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.24.2015 FY15 3605 ECOLOGY CENTER 62490 KEVIN SPARKMON SECURITY FOR PRIVATE RENTAL 238.00 62495 ANDERSON PEST CONTROL PEST CONTROL 64.97 62495 ANDERSON PEST CONTROL PEST CONTROL 44.00 62518 ALARM DETECTION SYSTEMS, INC.QUARTERLY SECURITY ALARM CONTRACT APR-JUNE ECOLOGY 124.41 64015 NICOR UTILITIES 230.07 65095 OFFICE DEPOT OFFICE SUPPLIES 272.48 65095 FORWARD SPACE LLC D/B/A OFFICE OFFICE CHAIR - ERIKA DOROGHAZI 589.76 3605 ECOLOGY CENTER Total 1,563.69 3720 CULTURAL ARTS PROGRAMS 65095 OFFICE DEPOT OFFICE SUPPLIES 154.38 3720 CULTURAL ARTS PROGRAMS Total 154.38 3806 CIVIC CENTER SERVICES 64005 COMED UTILITIES 138.07 3806 CIVIC CENTER SERVICES Total 138.07 100 GENERAL FUND Total 276,332.81 205 EMERGENCY TELEPHONE (E911) FUND 5150 EMERGENCY TELEPHONE SYSTM 62509 IRON MOUNTAIN OSDP OFF-SITE DATA PROTECTION MONTHLY EXPENSES 339.58 62509 MOTOROLA, INC.POLICE SERVICE AGREEMENT RENEWAL 38,546.46 64505 AT & T COMMUNICATION CHARGES 5,487.95 64505 AT & T UTILITIES-FEBRUARY 2015 562.92 64540 VERIZON WIRELESS UTILITIES 3,002.79 5150 EMERGENCY TELEPHONE SYSTM Total 47,939.70 205 EMERGENCY TELEPHONE (E911) FUND Total 47,939.70 215 CDBG FUND 5275 PUBLIC FACILITIES 62890 INFANT WELFARE SOCIETY SAFETY IMPROVEMENTS TO PLAYGROUND 15,671.29 62955 EVANSTON NORTHSHORE YWCA ELECTRICAL SYSTEM IMPROVEMENTS 25,000.00 62995 FAMILY FOCUS INC.DEFERRED MAINTENANCE & INSTALLATION 7,516.02 63055 MCGAW YMCA RENOVATION OF MOSAIC ROOM 30,000.00 5275 PUBLIC FACILITIES Total 78,187.31 215 CDBG FUND Total 78,187.31 225 ECONOMIC DEVELOPMENT FUND 5300 ECON. DEVELOPMENT FUND 65522 MCGUIRE ASSOCIATES NOYES BUSINESS DISTRICT BRANDING, PROMOTION & BANNER 7,330.00 5300 ECON. DEVELOPMENT FUND Total 7,330.00 225 ECONOMIC DEVELOPMENT FUND Total 7,330.00 240 HOME FUND 5430 HOME FUND 65535 CONNECTIONS FOR THE HOMELESS 2015 TBRA PROGRAM JAN 22,287.52 65535 COMMUNITY PARTNERS FOR AFFORDABLE HOUSING REHAB WORK 1409 DARROW AVE 20,633.00 5430 HOME FUND Total 42,920.52 240 HOME FUND Total 42,920.52 250 AFFORDABLE HOUSING FUND 5465 AFFORDABLE HOUSING 62490 FEDERAL EXPRESS CORP.SHIPPING 75.40 5465 AFFORDABLE HOUSING Total 75.40 250 AFFORDABLE HOUSING FUND Total 75.40 330 HOWARD-RIDGE TIF FUND 5860 HOWARD RIDGE TIF 56010 VON MEDVEY MANAGEMENT, LLC MONTHLY RENT FOR POLICE OUTPOST 745 HOWARD 1,000.00 62346 COOK COUNTY TREASURER *2013 TAX-625 HOWARD STREET 15,226.95 5860 HOWARD RIDGE TIF Total 16,226.95 330 HOWARD-RIDGE TIF FUND Total 16,226.95 315 SOUTHWEST TIF FUND 5540 SOUTHWEST TIF DEBT SERVICE 65522 MCGUIRE ASSOCIATES SW TIF MANHOLE LINING 15,354.00 5540 SOUTHWEST TIF DEBT SERVICE Total 15,354.00 315 SOUTHWEST TIF FUND Total 15,354.00 651 of 521 CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.24.2015 FY15 415 CAPITAL IMPROVEMENTS FUND 4150 CAPITAL PROJECTS 415959 62145 CHRISTOPHER B. BURKE ENGINEERING, LTD.SHERIDAN RD/CHICAGO AVE PHASE I & II ENGINEERING SERVICES 46,488.10 416455 62280 FEDERAL EXPRESS CORP.SHIPPING 37.93 416447 62385 GEOGRAPHIC INFORMATION SERVICES, INC.CITY WORKS TREE DATA MIGRATION - REPLACE 2014-562 4,998.00 415568 65510 CONSTRUCTION CONSULTING & DISBURSEMENT MINOR RENOVATION AT CHANDLER-NEWBERGER 74,559.54 415885 65515 IL DEPT OF TRANSPORTATION BRIDGE ST BRIDGE CONSTRUCTION 194,758.21 65515 VILLAGE OF WILMETTE SHERIDAN ROAD IMPROVEMENTS 474,610.00 415857 65515 A LAMP CONCRETE CONTRACTORS, INC.A LAMP-CIP 3 183,127.11 415857 65515 A LAMP CONCRETE CONTRACTORS, INC.A LAMP-W/M & STREET R/S CIP2 213,404.41 415857 65515 A LAMP CONCRETE CONTRACTORS, INC.SHERMAN AVE STREETSCAPE 42,137.63 65515 A LAMP CONCRETE CONTRACTORS, INC.A LAMP-W/M & STREET R/S CIP 1 383,653.61 65515 HIPSKIND TSG SAN STORAGE BID 14-64 250,396.16 415175 65625 FORWARD SPACE LLC D/B/A OFFICE FURNITURE FOR SAT'S OFFICE/ VARIOUS CIVIC CENTER OFFICES 7,874.34 415827 65625 FORWARD SPACE LLC D/B/A OFFICE STATION 2 OFFICE FURNITURE 3,455.58 4150 CAPITAL PROJECTS Total 1,879,500.62 415 CAPITAL IMPROVEMENTS FUND Total 1,879,500.62 505 PARKING SYSTEM FUND 7005 PARKING SYSTEM MGT 68205 VERIZON WIRELESS COMMUNICATION CHARGES 76.17 7005 PARKING SYSTEM MGT Total 76.17 7015 PARKING LOTS & METERS 62375 CTA/AB MONTHLY LOT RENT - CHURCH TO UNIVERSITY 990.00 7015 PARKING LOTS & METERS Total 990.00 7025 CHURCH STREET GARAGE 53515 COOPER, MARIANNA CHURCH ST # 1272 25.00 53515 MAHONEY, JACK CHURCH ST # 195 25.00 53515 MINTZ, Z.W.CHURCH ST # 183 25.00 53515 BLAGOJEVICH, PATRICIA CHURCH ST # 1251 25.00 53515 JAMISON, BURT CHURCH ST # 1266 25.00 53515 HYDER, STEVEN CHURCH ST # 2081 25.00 53515 ZHANG, ZIXUAN CHURCH ST # 2149 25.00 53515 HOCKBERGER, BRENDA CHURCH ST # 1149 25.00 53515 CLARKE, PHILIP CHURCH ST # 3124 25.00 53515 ROGERS, TRENTON CHURCH ST # 916 25.00 53515 READY, KELLY CHURCH ST # 657 25.00 53515 ENTIN, BARBARA CHURCH ST # 184, 504 50.00 62509 DATAPARK USA, INC.MONTHLY SERVICE AGREEMENT - PARKS EQUIPMENT 2,000.00 64505 CALL ONE COMMUNICATION CHARGES 1,028.11 7025 CHURCH STREET GARAGE Total 3,353.11 7036 SHERMAN GARAGE 62509 DATAPARK USA, INC.MONTHLY SERVICE AGREEMENT - PARKS EQUIPMENT 5,100.00 64505 AT & T COMMUNICATION CHARGES 174.14 64505 CALL ONE COMMUNICATION CHARGES 1,808.76 7036 SHERMAN GARAGE Total 7,082.90 7037 MAPLE GARAGE 53515 METZGER, PATRICK MAPLE AVE # 3247 25.00 53515 GHAI, VANDANA MAPLE AVE # 3212 25.00 53515 VILLAGAMEZ, SAHAIRA MAPLE AVE # 3533 25.00 53515 SLOCUM, GREGORY MAPLE AVE # 3592 25.00 53515 LIAO, WEI MAPLE AVE # 2515 25.00 53515 RAKOTZ, MICHAEL MAPLE AVE # 2991 25.00 53515 WELCH, SHERRY MAPLE AVE # 3629 25.00 53515 ABELLA, STELA MAPLE AVE # 3434 25.00 53515 TYBOR, VINCENT MAPLE AVE # 3657 25.00 53515 BUCARO, SALVATORE MAPLE AVE # 3653 25.00 53515 FLORES, JERRY MAPLE AVE # 3654 25.00 53515 DERRY, KEN MAPLE AVE # 3576 25.00 53515 NOWICKI, SCOTT MAPLE AVE # 3530 25.00 53515 OLSZYNSKI, LES MAPLE AVE # 3363 25.00 53515 HERRERA, IGNACIO MAPLE AVE # 3663 25.00 53515 PRIEBE, JESSICA MAPLE AVE # 3572 25.00 53515 SHAPIRO, SUSAN MAPLE AVE # 3344 25.00 53515 PRINCIVALLI, JOE MAPLE AVE # 3327 25.00 53515 CARR, MICHAEL MAPLE AVE # 3197 25.00 53515 RINKUS, SHAWN MAPLE AVE # 2681 25.00 53515 BAILIS, DAVID MAPLE AVE # 3360 25.00 53515 ORMONDE, FLOYD MAPLE AVE # 3554 25.00 53515 BOOTY, ELA AKTAY MAPLE AVE # 1701 25.00 53515 PEPERZAK, ANGELA MAPLE AVE # 1964 25.00 53515 EVANS, MELADEE MAPLE AVE # 3533 25.00 53515 ROCHE, THOMAS MAPLE AVE # 3296 25.00 53515 MAGANA, JESUS MAPLE AVE # 2522 25.00 53515 DOWNS, ERIN MAPLE AVE # 2189 25.00 752 of 521 CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.24.2015 FY15 53515 MUCHOW, JAMES MAPLE AVE # 2462 25.00 53515 KUPETS, JEFF MAPLE AVE # 3431 25.00 53515 YAFFE, HOWARD MAPLE AVE # 2748 25.00 53515 MUHAMMAD, RAHMAN MAPLE AVE # 2149 25.00 53515 OCKRIM, ROGER MAPLE AVE # 3423 25.00 53515 MARTINEZ, LARRY MAPLE AVE # 3224 25.00 53515 CITY OF PARK RIDGE MAPLE AVE # 3355 25.00 53515 ANDERSON, RICK MAPLE AVE # 3281 25.00 53515 WEITZEL, MICHEAEL MAPLE AVE # 2601 25.00 53515 CAMER, NATHAN MAPLE AVE # 2197 25.00 53515 GRAF, MARK MAPLE AVE # 3233 25.00 53515 WOLF, JUSTIN MAPLE AVE # 3360 25.00 53515 CAVAZOS, SAMUEL MAPLE AVE # 2943 25.00 53515 GARG, TUSHAR MAPLE AVE # 1577 25.00 53515 ANOKYE, MAXWELL MAPLE AVE # 3264 25.00 53515 HERBERT-RUGGIO, KELLY MAPLE AVE # 3017 25.00 53515 RAMSAY, ERICA MAPLE AVE # 3230 25.00 53515 PETERSON, JEFF MAPLE AVE # 3187 25.00 53515 GUTIERREZ, ADNARDO MAPLE AVE # 3610 25.00 53515 GEHRKE, ERIK MAPLE AVE # 3619 25.00 53515 PARISI, ANTHONY MAPLE AVE # 3346 25.00 53515 MARTINEZ, MAXMILRANO MAPLE AVE # 3324 25.00 53515 CUSHMAN & WAKEFIELD MAPLE AVE # MULTIPLE ACCOUNTS 1,075.00 62509 DATAPARK USA, INC.MONTHLY SERVICE AGREEMENT - PARKS EQUIPMENT 4,000.00 64015 NICOR UTILITIES 81.61 64505 CALL ONE COMMUNICATION CHARGES 1,269.06 7037 MAPLE GARAGE Total 7,675.67 505 PARKING SYSTEM FUND Total 19,177.85 510 WATER FUND 7100 WATER GENERAL SUPPORT 64505 BYTRONICS, INC., BASIN TECH CENTRE MONTHLY SUPPORT FOR DIG TRACK TICKETS 100.00 65095 OFFICE DEPOT OFFICE SUPPLIES 253.09 7100 WATER GENERAL SUPPORT Total 353.09 7105 PUMPING 64505 CALL ONE COMMUNICATION CHARGES 159.77 64540 VERIZON WIRELESS COMMUNICATION CHARGES 76.02 7105 PUMPING Total 235.79 7110 FILTRATION 62465 EUROFINS EATON ANALYTICAL FY 2015 LABORATORY TESTING-ROUTINE COMPLIANCE 50.00 64540 VERIZON WIRELESS COMMUNICATION CHARGES 76.02 65015 KEY CHEMICAL, INC.HYDROFLUOROSILICIC ACID (BID 14-62)21,596.55 7110 FILTRATION Total 21,722.57 7115 DISTRIBUTION 62210 ON TRACK FULFILLMENT INC.POSTAGE AND MAILING 85.00 62275 ON TRACK FULFILLMENT INC.POSTAGE AND MAILING 47.60 64540 VERIZON WIRELESS COMMUNICATION CHARGES 76.02 7115 DISTRIBUTION Total 208.62 7120 WATER METER MAINTENANCE 65070 WATER RESOURCES WATER METER PURCHASE 14,030.00 7120 WATER METER MAINTENANCE Total 14,030.00 7125 OTHER OPERATIONS 62180 MWH AMERICAS, INC.2014 HYDRAULIC MODELING SERVICES-LAST PAYMENT 20,807.80 62340 HARRIS COMPUTER SYSTEMS *SOFTWARE MAINTENANCE 42,276.57 62340 HARRIS COMPUTER SYSTEMS AQUAS ORACLE TO SQL REPLACES 2014-779 23,625.00 62340 AZTECA SYSTEMS, INC.CITY WORKS ANNUAL RENEWAL 10,702.86 7125 OTHER OPERATIONS Total 97,412.23 510 WATER FUND Total 133,962.30 853 of 521 CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.24.2015 FY15 513 WATER DEPT IMPRV & EXTENSION FUND 7330 WATER FUND DEP, IMP, EXT 733074 62145 CAROLLO ENGINEERS, INC WATER PLANT INTAKE IMPR ENGR SVS (12-113)1,275.00 733101 65515 WATER RESOURCES AMI SYSTEM (13-04) - REMAINING AMOUNT 26,514.00 733122 65515 DAHME MECHANICAL INDUSTRIES, INC.CHLORINE FEED SYSTEM IMPROVEMENTS 57,000.00 733102 65515 A LAMP CONCRETE CONTRACTORS, INC.A LAMP-W/M & STREET R/S CIP2 72,616.42 733074 65515 LAKE ERIE DIVING, INC.48" INTAKE IMPROVEMENT PROJECT 14-04 203,265.00 7330 WATER FUND DEP, IMP, EXT Total 360,670.42 513 WATER DEPT IMPRV & EXTENSION FUND Total 360,670.42 515 SEWER FUND 7400 SEWER MAINTENANCE 62295 SHAWN PESTKA REIMBURSE- PUMPER CLEANER EXPO 125.00 64540 VERIZON WIRELESS COMMUNICATION CHARGES 38.01 7400 SEWER MAINTENANCE Total 163.01 7410 SEWER OTHER OPERATIONS 62340 AZTECA SYSTEMS, INC.CITY WORKS ANNUAL RENEWAL 2,100.00 7410 SEWER OTHER OPERATIONS Total 2,100.00 515 SEWER FUND Total 2,263.01 520 SOLID WASTE FUND 7685 REFUSE COLLECT & DISPOSAL 65625 VERIZON WIRELESS COMMUNICATION CHARGES 84.24 7685 REFUSE COLLECT & DISPOSAL Total 84.24 7690 RESIDENTIAL RECYCLING COL 64015 NICOR UTILITIES 267.23 7690 RESIDENTIAL RECYCLING COL Total 267.23 7695 YARD WASTE COLLECTION 62415 GROOT RECYCLING & WASTE SERVICES FY2015 RESIDENTIAL REFUSE COLLECTION 138,186.00 7695 YARD WASTE COLLECTION Total 138,186.00 520 SOLID WASTE FUND Total 138,537.47 600 FLEET SERVICES FUND 7705 GENERAL SUPPORT 62340 COMPUTERIZED FLEET ANALYSIS INC.ANNUAL SERVICE & SUPPORT CONTRACT 2,995.00 64505 CALL ONE COMMUNICATION CHARGES 456.32 64540 VERIZON WIRELESS COMMUNICATION CHARGES 38.01 7705 GENERAL SUPPORT Total 3,489.33 7710 MAJOR MAINTENANCE 62355 CINTAS #22 WEEKLY UNIFORM SERVICE 152.28 62355 CINTAS CORPORATION #769 WEEKLY MAT SERVICES 402.33 65035 CITY WELDING SALES & SERVICE INC.WELDING GASES 94.65 65035 INLAND POWER GROUP 55 GAL TRANSYND FLUID 1,690.00 65035 PALATINE OIL COMPANY, INC 55 GALS BULK OIL 1,070.60 65035 PALATINE OIL COMPANY, INC 7000 GALS #2 DIESEL 30,238.60 65035 PALATINE OIL COMPANY, INC 7000 GALS BIO DIESEL 18,126.27 65035 PALATINE OIL COMPANY, INC 8001 GALS 87 OCTANE 15,491.61 65060 1ST AYD CORPORATION SPRAYS & CLEANERS 1,313.22 65060 AETNA TRUCK PARTS, INC.100 KEY BLANKS 180.50 65060 ALLTECH AUTO INC.#447 BODY REPAIRS 1,403.40 65060 BUCK BROTHERS, INC.#435 WIRING HARNESS 56.86 65060 CINTAS #22 WEEKLY UNIFORM SERVICE 144.48 65060 CUMBERLAND SERVICENTER CYLINDER CAB LIFT 603.50 65060 CUMBERLAND SERVICENTER HOSE, WINDSHIELD WASHER 20.92 65060 CUMBERLAND SERVICENTER VENT CAB 245.52 65060 FREEWAY FORD TRUCK SALES CABLE ASSY 268.94 65060 FREEWAY FORD TRUCK SALES RETURNED PARTS (212.63) 65060 GROVER WELDING COMPANY #577 WELD REPAIR 60.00 65060 GROVER WELDING COMPANY #624 PLOW WELD REPAIR 726.86 65060 GROVER WELDING COMPANY #639 WELD REPAIR 60.00 65060 GROVER WELDING COMPANY 4 DRIP PANS 500.00 65060 GROVER WELDING COMPANY STOKE YOKE WELD REPAIR 120.00 65060 INTERSTATE BATTERY OF NORTHERN CHICAGO #622 NEW BATTERY 71.36 65060 INTERSTATE BATTERY OF NORTHERN CHICAGO BATTERY JUMPERS 119.88 65060 INTERSTATE BATTERY OF NORTHERN CHICAGO NEW BATTERIES 532.32 65060 KUSSMAUL ELECTRONICS CO.SHORE LINE CHARGER REPAIR 381.70 65060 LEACH ENTERPRISES, INC.AIR GOVERNOR 56.58 65060 LEACH ENTERPRISES, INC.SCOT SEAL FRONT 40.70 65060 MONROE TRUCK EQUIPMENT LIFTMOORE DUST CAP 40.35 65060 REGIONAL TRUCK EQUIPMENT COMPANY, INC.COMPLETE HYD CHUTE ASSY 1,352.11 65060 SES INC #600 MOTOR REPAIRS 933.00 65060 STANDARD EQUIPMENT COMPANY 7" MONITOR 303.75 65060 STANDARD EQUIPMENT COMPANY SLIDER BEARING BLOCK 83.17 954 of 521 CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.24.2015 FY15 65060 STANDARD EQUIPMENT COMPANY SLIDER LATCH BEARING 114.40 65060 VERMEER MIDWEST #565 SENSITIVITY SWITCH REPAIR 338.42 65060 WHOLESALE DIRECT INC 20 ROLLS OF VINYL TAPE 137.44 65060 P & G KEENE ELECTRICAL NEW STARTER 326.80 65060 GLOBAL EMERGENCY PRODUCTS, INC.BOTTOM CUSHION ASSEMBLY 219.64 65060 GLOBAL EMERGENCY PRODUCTS, INC.RETURNED PART (191.26) 65060 GLOBAL EMERGENCY PRODUCTS, INC.STEERING WHEEL 200.57 65060 FASTENAL COMPANY 500 PLOW BOLTS 448.22 65060 SPEX HAND WASH 15 CAR WASHES 1,345.50 65060 A & A TRANSMISSION CORP.#2007 TOW & STARTER MOTOR 639.80 65060 CARQUEST EVANSTON #205 REMAN STARTER 140.71 65060 CARQUEST EVANSTON #24 RADIATOR CAP 4.29 65060 CARQUEST EVANSTON #352 BRAKE HOSE 20.78 65060 CARQUEST EVANSTON #532 BRAKE MASTER CYLINDER 85.58 65060 CARQUEST EVANSTON #532 OE FIT MUFFLER 141.38 65060 CARQUEST EVANSTON #532 OIL SEAT 10.13 65060 CARQUEST EVANSTON ANTI FREEZE TESTER 55.89 65060 CARQUEST EVANSTON BELT TENSIONERS 43.11 65060 CARQUEST EVANSTON BUBBLE FLARE NUT 2.37 65060 CARQUEST EVANSTON EXHAUST PREBENT PIPE 159.60 65060 CARQUEST EVANSTON FILTERS 148.08 65060 CARQUEST EVANSTON GASKET 4.19 65060 CARQUEST EVANSTON HD CLAMP 2.64 65060 CARQUEST EVANSTON HI-POP OIL FILTER-HD 20.16 65060 CARQUEST EVANSTON HYD FITTINGS 51.90 65060 CARQUEST EVANSTON STD MINIATURE LAMP 16.60 65060 CARQUEST EVANSTON TRANS FILTER 132.84 65060 CARQUEST EVANSTON WIPER FLUID HOSE 13.00 65060 GOLF MILL FORD #250 ALTERNATOR 196.11 65060 GOLF MILL FORD #53 P/S HOSE 107.05 65060 GOLF MILL FORD #56 WINDOW REGULATOR 167.91 65060 GOLF MILL FORD #643 REGEN SERVICE 299.34 65060 GOLF MILL FORD RETURNED PART (17.49) 65060 GOLF MILL FORD WIPER NOZZLE 28.68 65060 R.N.O.W., INC.THROTTLE ADVANCE SWITCH 269.00 65060 WENTWORTH TIRE SERVICE RECAP TIRES 279.00 65060 WENTWORTH TIRE SERVICE TIRE SERVICE 133.00 65060 ORLANDO AUTO TOP REBUILD BUCKET SEAT 350.00 65060 CHICAGO PARTS & SOUND, LLC 80 WIPER BLADES 583.20 65060 APC STORES, INC., DBA BUMPER TO BUMPER FUEL WATER FILTER 48.16 65060 THE CHEVROLET EXCHANGE #60 RADIATOR HOSE 22.12 65060 THE CHEVROLET EXCHANGE WESTERN PLOW DEFLECTOR 486.00 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #315 TRANS ISSUE 164.47 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #613 AIR COMPRESSOR 978.16 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #613 BRAKING PLATES 50.12 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #615 BATTERY BOX COVER 151.71 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #629 FRONT SHOCKS 61.14 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC 30 MINI DASH BULBS 203.40 65065 A & A TRANSMISSION CORP.#2006 FRONT TIRES 315.00 7710 MAJOR MAINTENANCE Total 86,181.69 600 FLEET SERVICES FUND Total 89,671.02 605 INSURANCE FUND 7801 EMPLOYEE BENEFITS 66054 AXA EQUITABLE EQUI-VEST EQUI_VEST MONTHLY INVOICE 20.00 7801 EMPLOYEE BENEFITS Total 20.00 605 INSURANCE FUND Total 20.00 Grand Total 3,108,169.38 1055 of 521 CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.24.2015 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT SUPPLEMENTAL BILLS LIST ATTACHMENT INSURANCE VARIOUS VARIOUS WORKERS COMP 13,835.10 VARIOUS VARIOUS WORKERS COMP 17,495.10 VARIOUS VARIOUS WORKERS COMP 7,382.00 VARIOUS VARIOUS CASUALTY LOSS 112,081.72 150,793.92 SEWER 7555.68305 IEPA LOAN DISBURSEMENT SEWER FUND 171,173.91 171,173.91 321,967.83 Grand Total 3,430,137.21 PREPARED BY DATE APPROVED BY DATE 1156 of 521 For City Council Meeting of March 23, 2015 Item A3.1 Business of the City by Motion: FY 2015 Tire Purchases For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Suzette Robinson, Director of Public Works Lonnie Jeschke, CPFP, Manager Fleet Services Subject: 2015 Agreement for New Tire Purchases Date: February 12, 2015 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a one-year agreement to purchase tires in the amount of $60,000.00 from Wentworth Tire Service (300 North York Road, Bensenville, IL) under the State Bid Contract # 4017722. Funding Source: Funding is provided from the Fleet Services budget for Tires and Tubes (600.26.7710.65065). The budget has an approved amount of $87,233.00 in each fiscal year. Funding will be split between two fiscal years, 2015 ($50,000) and 2016 ($10,000) for the purchasing of new tires. Summary: From time to time staff conducts a comparative analysis of other known tire manufacturer’s online websites to verify established pricing to municipalities to ensure we are getting a cost-competitive price from the State Bid pricing. (See attachment A.) In this case, staff performed this research and concluded that the State Bid Pricing saves the City of Evanston on average $12.00/tire for sedan tire, $18.00/tire for light duty trucks and $100.00/ tire for large garbage trucks based on this Illinois State Contract # 4017722. There are no Evanston-based businesses that can provide the various types and sizes of tires with this pricing structure for all city vehicles and equipment. Therefore, staff recommends and requests City Council approval for Fleet Services to purchase tires through this State Bid Award for the remainder of Fiscal year 2015 and the first two (2) months of Fiscal Year 2016. Attachments Pricing Comparison List Memorandum 57 of 521 Green = best value RED = State selected all Bridgestone / Firestone extended 4/30/2015 3/31/2015 4/30/2015 6/30/2015 6/30/2015 3/31/2015 12/31/2015 12/31/2014 Size LR Dunlop Hankook Yokohama Pursuit PV41/ FHK GT Eagle RSA not certified not certified Ameritrac Pro Contact P225/60R16 old Vic V 92.31$ 97V 93.98$ N/A N/A N/A N/A N/A N/A N/A P235/55R17 Vic W 105.38$ 99W 112.27$ N/A N/A N/A N/A N/A N/A N/A P22560R18 Chgr W 111.27$ 99W 129.85$ N/A N/A N/A 99V 120.00$ N/A N/A N/A P265/60R17 Tahoe V 117.36$ 108V 129.28$ N/A N/A N/A N/A N/A N/A N/A P255/70R16 Tahoe N/A N/A N/A N/A 109H 140.00$ N/A N/A N/A N/A P245/55R18 Intersep W 123.43$ 103V 130.41$ N/A N/A N/A N/A N/A N/A N/A P235/50R18XL Caprice W 132.05$ 99W 130.41$ N/A N/A N/A N/A N/A N/A N/A Pursuit Snow PVS Eagle UG not certified not certified Discontinued Discontinued P225/60VR16 old vic 97V 94.65$ 101.00$ N/A N/A N/A N/A N/A N/A N/A P235/55R17 vic 98V 111.27$ 123.50$ N/A N/A N/A N/A N/A N/A N/A P265/60HR17 Tahoe H 114.90$ 132.45$ N/A N/A N/A N/A N/A N/A N/A P22560R18 Chgr 99V 121.79$ 130.50$ N/A N/A N/A N/A N/A N/A N/A P245/55VR18 Intersep V 137.80$ 103V 142.42$ N/A N/A N/A N/A N/A N/A N/A P235/50R18 XL V 144.53$ N/A N/A N/A N/A N/A N/A N/A N/A Light Truck Steer A/S Transforce HT LTX M/S (M/S2)R250 (steel SW)Discontinued Discontinued Dynapro HT RH12 LT225/75R16 E 111.53$ HT 131.01$ M/S 153.21$ 192.32$ N/A N/A N/A 122.32$ N/A LT235/85R16 E 114.80$ HT 136.44$ WL 160.24$ 208.03$ N/A N/A N/A 126.01$ N/A LT245/75R16 E 110.11$ HT 141.12$ BLK 152.22$ *205.77$ N/A N/A N/A 135.04$ N/A LT245/75R17 E OWL 123.66$ SRA 159.35$ BLK 175.02$ 222.74$ N/A N/A N/A 154.46$ N/A LT265/70R17 E OWL 154.72$ SRA 166.69$ WL 182.00$ R500 185.88$ N/A N/A N/A 152.50$ N/A LT275/70R18 E 164.70$ SRA 182.78$ WL 203.78$ N/A N/A N/A N/A N/A N/A Light Truck Drive A/T (4 x 4)Transforce AT LTX AT2 M700 Discontinued Discontinued RF10 ATM LT225/75R16 E 114.34$ 153.04$ 153.21$ 160.13$ N/A N/A N/A 133.68$ N/A LT235/85R16 E 119.96$ 153.69$ 169.28$ 174.05$ N/A N/A N/A 137.80$ N/A LT245/75R16 E 115.94$ 152.10$ 152.22$ 175.49$ N/A N/A N/A 142.72$ N/A LT245/75R17 E OWL 124.66$ 164.81$ WL 165.93$ REVO 129.28$ N/A N/A N/A 168.09$ N/A LT265/70R17 E OWL 166.91$ 190.06$ WL 182.00$ 212.27$ N/A N/A N/A 169.40$ N/A LT275/70R18 E OWL 186.59$ 192.53$ 213.53$ D695 256.04$ N/A N/A N/A 224.33$ N/A LT285/65R18 E Dest MT 173.41$ 202.65$ WL 226.35$ REVO 303.75$ N/A N/A N/A 228.36$ N/A Steer / Low Boy FS560 G114 / G661 XTA / XZE R168 / R250ED ST250LP HTR - HSR-1 SP348 TH10 / AH12 215/75R17.5 H 194.61$ 369.56$ J 369.60$ 306.48$ N/A 215.58$ N/A 210.98$ 255.98$ 255/70R22.5 H 254.42$ 380.22$ 448.00$ 397.94$ 272.14$ 293.43$ 342.54$ 254.93$ 291.81$ 2015 State of Illinois Contract Comparison 11/30/2015 ***Expiration dates can change without notice ******* Expiration dates can change ******Expiration dates can change **** 1/16/2015 Wrangler HT / SRA AT Adventure ContinentalFirestoneGoodyearMichelin Bridgestone General 58 of 521 Green = best value RED = State selected all Bridgestone / Firestone extended 4/30/2015 3/31/2015 4/30/2015 6/30/2015 6/30/2015 3/31/2015 12/31/2015 12/31/2014 Size LR Dunlop Hankook Yokohama 2015 State of Illinois Contract Comparison 11/30/2015 ***Expiration dates can change without notice ******* Expiration dates can change ******Expiration dates can change **** 1/16/2015 ContinentalFirestoneGoodyearMichelin Bridgestone General Steer - on road FS560 / FS561 G647 / G661 HS XZE / XZE2 R250 / R268 S360 / S371 HSR series SP348 AH11 / AH12 023/ 103/ 104ZR 225/70R19.5 F 223.07$ G647 269.46$ 340.00$ 269.78$ N/A N/A N/A 213.06$ 287.53$ 225/70R19.5 G 233.14$ G149 282.78$ 348.00$ 281.11$ N/A 252.72$ 223.34$ N/A N/A 245/70R19.5 F 244.73$ N/A N/A 297.86$ N/A N/A N/A N/A N/A 245/70R19.5 G 251.92$ 661 H 301.13$ 332.80$ 312.33$ N/A N/A N/A 241.57$ 313.52$ 245/70R19.5 H N/A N/A 356.00$ 324.82$ N/A 263.87$ 236.74$ N/A N/A 265/70R19.5 G N/A G159 388.08$ "G"484.00$ 349.93$ N/A N/A N/A 272.55$ 338.18$ 10R 22.5 F 296.45$ G661 N/A 436.00$ 346.95$ N/A 325.65$ N/A N/A N/A 10R 22.5 G 305.85$ G661 406.15$ 452.00$ 357.66$ S360 N/A 335.72$ 353.48$ 291.09$ 333.87$ 11R 22.5 G FS561 265.57$ G661 432.08$ XZE2 476.00$ R268 353.78$ N/A N/A N/A 306.68$ 387.85$ 11R 22.5 H FS561 310.12$ G661 440.72$ XZE2 492.00$ R268 386.50$ S371 317.04$ 353.45$ 376.04$ 312.83$ 392.48$ 12R22.5 H 380.12$ G661 496.89$ 629.60$ R268 510.74$ N/A HSR2 461.89$ 432.44$ 367.48$ 412.03$ 315/80R22.5 L FS400 468.68$ G291 XZA-1 660.00$ R294 "J"546.86$ N/A L ECO 480.50$ N/A 421.51$ 432.35$ Steer - off & on road T819 / FS820 G287 MSA XZY-3 / XZUS M853 / M860 Grabber OA HSC 1/ HSU2 SP832 AM06 501/773/ 627 11R 22.5 H NEW!347.90$ 491.93$ 532.00$ M853 501.03$ 352.44$ HSC1 368.03$ 400.48$ 331.02$ 400.36$ 12R 22.5 H 412.40$ 565.72$ 612.00$ M843 582.39$ N/A HSC1 488.23$ N/A 391.50$ 466.25$ 315/80R22.5 L NEW!470.95$ G287 629.32$ Y-3 692.00$ M843 608.21$ 449.38$ HMS 449.38$ N/A 395.35$ 436.07$ 315/80R22.5 L N/A G289 704.14$ US2 696.00$ M860A 577.58$ SU2WT 468.10$ N/A N/A N/A Drive - On Road FD690 / FD663 G622 XDE M/S - XDN2 M729 M799 M770 D445 / D450 HDR - 2 SP461/SP431A DH01 / DH06 303/ 767/ 517 225/70R19.5 F FD690 235.08$ 273.03$ DS2 340.00$ M729 300.21$ N/A N/A N/A 223.79$ 288.16$ 225/70R19.5 G FD690 245.91$ 278.60$ DS2 356.00$ M729 313.29$ N/A G 259.74$ 240.52$ N/A N/A 245/70R19.5 G FD690 266.18$ 295.31$ N/A N/A N/A 254.96$ 253.74$ N/A 245/70R19.5 H N/A N/A DS2"H"364.00$ M729 353.67$ N/A H 272.20$ N/A N/A N/A 10R 22.5 F FD663 306.61$ N/A N/A N/A N/A N/A N/A 10R 22.5 G N/A G 414.51$ DE "G"400.00$ M726 413.26$ 320.64$ 349.71$ N/A 305.37$ N/A 11R 22.5 G FD663 314.26$ 437.80$ DE "G"448.00$ M799 D660 339.44$ N/A N/A 336.96$ 342.86$ 11R22.5 H FD663 334.62$ 446.56$ DN2 520.00$ M799 450.07$ N/A 397.87$ 377.96$ 347.07$ 415.18$ 12R 22.5 H FD663 424.90$ 519.76$ DN2 592.00$ M799 551.49$ N/A 531.00$ N/A 392.36$ N/A 315/80R22.5 L FD600 "J"573.31$ N/A DN2 728.00$ M843 N/A L 531.37$ N/A N/A N/A Rough Service Drive T831 G177 XWORK XDY L320 Grabber OD HDC-1 SP932 DM04 LY053 11R 22.5 H 370.33$ 534.12$ 552.00$ 472.50$ 375.10$ 390.73$ 440.52$ 332.96$ 408.45$ Wide Base Steer T839 G296 MSA XFE M844 Grabber OA HTC-1 SP231A/SP281 AH15 / AM02 RY253 385/65R22.5 J 477.89$ 656.91$ "L"740.00$ 519.10$ 489.17$ 558.00$ 573.43$ 487.11$ 502.34$ 425/65R22.5 L 535.84$ 729.90$ 828.00$ M860 595.84$ 543.52$ 607.60$ 641.12$ 578.24$ 557.29$ 445/65R22.5 L 616.50$ 780.99$ "M"908.00$ 657.96$ 603.90$ 641.70$ N/A 608.85$ 590.80$ 59 of 521 For the City Council Meeting of May 10, 2010 Item # For City Council Meeting of March 23, 2015 Item A3.2 Business of the City by Motion: Vehicle Purchase for Youth Engagement Division For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Suzette Robinson, Director of Public Works Lonnie Jeschke, CPFP, Manager, Fleet Services Subject: Vehicle Purchase for Youth Engagement from the Autobarn in Evanston Date: March 12, 2015 Recommended Action: Staff recommends City Council approval for purchase of a pre-driven vehicle for the Youth Engagement Division of one (1) 2014 model year four (4) door Nissan Altima Sedan in the amount of $15,779.00 from the Autobarn of Evanston located at 1012 Chicago Avenue in Evanston Illinois, 60201. Funding Source: Funding for this vehicle will be from the Equipment Replacement Fund budget (601.26.7780.65550) which has a FY2015 budget of $1,950,000.00. The proposed expenditure for this one (1) unit amounts less than 1% of this budget. Summary: The details of the vehicle are listed below: Dept./Division Unit # Replacement Description Model Year Purchase Price Type of Bid Vendor Youth Engagement TBD Nissan Altima 4- Door Sedan 2014 $15,779.00 Single Source Purchase Autobarn of Evanston A review of two reporting services for pre-driven car purchases; Edmunds.com lists a like vehicle, with like mileage of 36,000 miles driven in this zip code area, for $15,772.00, whereas, Kelly Blue Book.com lists this vehicle in a like manner with the like mileage at $17,893.00. This purchase price is also supported by verified pricing for pre-driven vehicles at some surrounding area Nissan dealerships. Since the City of Evanston has bought three other Nissan vehicles from the Autobarn in the past couple of years and plans to buy three (3) or four (4) more Nissan’s in this fiscal year, the lowest purchase price was obtained for this vehicle. Memorandum 60 of 521 This vehicle listed for purchase supports daily divisional programs on a year around basis. The purchase of this vehicle is crucial for safe, reliable, environmentally friendly, and cost effective operations on a daily basis since this is a 4-cylinder engine that should approach the 27 MPG city rating. The vehicle operates on 87 octane gasoline. This is an Evanston based business. Attachments Specifications & pricing for one (1) vehicle purchase. Vin # 1N4AL3APOEC133135, Silver Gray Nissan. 2 61 of 521 62 of 521 63 of 521 For the City Council Meeting of May 10, 2010 Item # For City Council Meeting of March 23, 2015 Item A3.3 Business of the City by Motion: Police & Fire 2015 Vehicle Purchases For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Suzette Robinson, Director of Public Works Richard Eddington, Chief of Police Greg Klaiber, Chief of E.F. &L.S.S. Lonnie Jeschke, CPFP, Manager, Fleet Services Subject: Police and Fire Replacement Vehicle/Mower Purchases for 2015 Date: March 13, 2015 Recommended Action: Staff recommends City Council approval for the following vehicle replacement purchases for the Evanston Police, Fire and Public Works Departments. This purchase consists of sixteen (16) replacement vehicles/equipment which consist of twelve (12) units for Police, two (2) units for Fire, and two (2) units for Public Works in the total amount of $484,590.82 as follows: Currie Motors, 9423 W. Lincoln Highway, Frankfort, Illinois 60423 in the amount of $384,987.24 and Reinders at 3816 Carnation Street in Franklin Park, Illinois 60131 in the amount of $99,603.58. Funding Source: Funding for fifteen (15) of these vehicles/units will be from the Equipment Replacement Fund budget account (601.26.7780.65550) in the amount of $463,328.13 which has a budgeted amount of $1,590,000.00. This expenditure represents 29% of this budgeted amount. The sixteenth unit, the smaller riding mower will be funded by Parks & Forestry Maintenance and Operations business unit budget account (100.26.2655.65550) in the amount of $21,262.69. This expenditure represents 54% of this budgeted amount. Summary: The details of the vehicles/units to be replaced follow. Memorandum 64 of 521 Department/Division Unit # Description Model Year Condition Original Purchase Price L.T.D. Repair $$’s L.T.D. Mileage E.P.D. Patrol Ops. 60 Chevy Tahoe 2011 Very Poor $26,629 $34,210 96,534 E.P.D. Patrol Ops. 56 Ford C.V. 2009 Very Poor $28,712 $46,472 87,063 E.P.D. Criminal Inv. 79 Ford C.V. 2005 Very Poor $22,816 $29,280 75,088 E.P.D. Tactical Bureau 25 Ford C.V. 2005 Very Poor $23,891 $30,191 64,467 E.P.D. Patrol Ops. 46 Ford C.V. 2011 Poor $23,744 $17,019 64,003 E.P.D. Patrol Ops. 40 Ford C.V. 2011 Very Poor $23,744 $24,111 66,814 E.P.D. Patrol 53 Ford C.V. 2009 Very Poor $23,366 $33,383 72,873 E.P.D. Problem Solving 28 Ford C.V. 2005 Poor $22,681 $14,513 68,910 E.P.D. NET 26 Ford C.V. 2005 Poor $22,681 $21,824 57,574 E.P.D. Criminal Inv. 76 Ford C.V. 2005 Poor $22,816 $15,565 45,408 E.P.D. Juvenile 82 Ford C.V. 2006 Very Poor $23,180 $22,112 88,401 E.P.D. Juvenile 85 Ford C.V. 2008 Poor $21,224 $22,921 53,798 E.F.D. Fire Prevention 330 Ford Taurus 2006 Poor $16,419 $9,449 70,311 E.F.D. Fire Prevention 350 Ford Taurus 2006 Very Poor $16,419 $19,782 81,819 P.W. Forestry Division 000 Toro Groundmaster Riding Mower 5900 2007 Very Poor $69,241 $26,760 4,823 hours P.W. Forestry Division 001 Toro Groundmaster Riding Mower 3280 Very Poor $17,323 $23,606 2,066 hours 2 65 of 521 The recommended replacement unit purchases are as follows: Division Unit # Replacement Description Mode l Year Purchase Price Type of Bid Vendor E.P.D. Patrol Ops. 60 Chevy Tahoe 2016 $33,069.24 NWMC SPC Currie Motors E.P.D. Patrol Ops. 56 Ford Expedition 2016 $28,482.00 NWMC SPC Currie Motors E.P.D. Criminal Inv. 79 Ford Pursuit SUV 2016 $27,701.00 NWMC SPC Currie Motors E.P.D. Tact. Bureau 25 Ford Pursuit SUV 2016 $27,701.00 NWMC SPC Currie Motors E.P.D. Patrol Ops. 46 Ford Pursuit SUV 2016 $27,254.75 NWMC SPC Currie Motors E.P.D. Patrol Ops. 40 Ford Pursuit SUV 2016 $27,254.75 NWMC SPC Currie Motors E.P.D. Patrol Ops. 53 Ford Pursuit SUV 2016 $27,254.75 NWMC SPC Currie Motors E.P.D. Problem Solv. 28 Ford Pursuit SUV 2016 $27,254.75 NWMC SPC Currie Motors E.P.D. Net 26 Ford Pursuit SUV 2016 $27,260.00 NWMC SPC Currie Motors E.P.D. Criminal Inv. 76 Ford Pursuit SUV 2016 $27,260.00 NWMC SPC Currie Motors E.P.D. Juvenile 82 Ford Pursuit SUV 2016 $27,260.00 NWMC SPC Currie Motors E.P.D. Juvenile 85 Ford Pursuit SUV 2016 $27,260.00 NWMC SPC Currie Motors E.F.D. Fire Prevention 330 Ford Escape 2016 $22,770.00 NWMC SPC Currie Motors E.F.D. Fire Prevention 350 Ford Explorer 2016 $27,205.00 NWMC SPC Currie Motors P.W. Forestry Division 000 Toro Groundmaster Riding Mower 5900 2016 $78,340.89 State Bid CMS 4017552 Reinders P.W. Forestry Division 001 Toro Groundmaster Riding Mower 3280 2016 $21,262.69 State Bid CMS 4017552 Reinders 3 66 of 521 The vehicles listed above for replacement, support daily operations for the Evanston Police and Fire Departments. The replacement of these vehicles is crucial for safe, reliable, environmentally friendly, and cost effective operations on a 24/7 basis. Twelve (12) of these fourteen (14) vehicles are six (6) cylinder units with eco-boost technology for increased miles per gallon driven and reduced emissions as a result of the latest vehicle emission technology available in the market place at this point in time. One unit, the Ford Escape (# 330) is a 4-cylinder unit replacement for an existing 6-cylinder vehicle. The last unit, the Chevy Tahoe, is an 8-cylinder vehicle with Eco-Tec active fuel management system which is similar to the Ford product as it relates to increased miles per gallon and reduced emissions. This larger 8-cylinder unit (# 56) is required for the Evidence Technician vehicle which carries a lot of equipment. All fourteen (14) units will be fueled with 87 octane fuel. The Northwest Municipal Conference Suburban Purchasing Cooperative Competitive Bid (SPC) winner, Currie Motors, will be utilized for the purchase of these fourteen (14) units. Currie Motors has been a responsive and responsible bid winner of the N.W.M.C. for many years and as such, have provided efficient turn-around to our ordering and timely delivery needs. The Central Management Service (CMS), state bid services, were utilized for the two (2) large riding lawn mowers. These units are equipped with latest emissions systems in the market place as of this time and will be fueled by B-20 bio-diesel. In addition, Reinders, the supplying vendor for our geographic area, has provided efficient turn- around times on deliveries and has also provided good technical support and parts availability on a timely basis. There are no Evanston based businesses that can provide these types of vehicles/equipment with these types of unit pricing. Attachments Specifications & pricing for fourteen (14) replacement vehicle purchases and two (2) Riding Mowers. 4 67 of 521 68 of 521 69 of 521 70 of 521 71 of 521 72 of 521 73 of 521 74 of 521 75 of 521 76 of 521 77 of 521 78 of 521 79 of 521 80 of 521 81 of 521 82 of 521 83 of 521 84 of 521 85 of 521 86 of 521 87 of 521 88 of 521 89 of 521 90 of 521 91 of 521 92 of 521 93 of 521 94 of 521 95 of 521 96 of 521 97 of 521 98 of 521 99 of 521 100 of 521 101 of 521 102 of 521 103 of 521 104 of 521 105 of 521 106 of 521 107 of 521 108 of 521 109 of 521 110 of 521 111 of 521 112 of 521 113 of 521 114 of 521 115 of 521 116 of 521 117 of 521 118 of 521 119 of 521 120 of 521 121 of 521 122 of 521 123 of 521 124 of 521 125 of 521 126 of 521 127 of 521 128 of 521 129 of 521 130 of 521 131 of 521 132 of 521 133 of 521 134 of 521 135 of 521 136 of 521 137 of 521 138 of 521 139 of 521 140 of 521 141 of 521 142 of 521 For City Council meeting of March 23, 2015 Item A3.4 Business of the City by Motion: Concrete Purchase Contract Extension For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Suzette Robinson, Director of Public Works James Maiworm, Assistant Director of Public Works, O & M Subject: Contract Extension for Concrete Date: March 4, 2015 Recommended Action: Staff recommends City Council authorize the City Manager to execute the final, one year contract extension for the purchase of 350 cubic yards of concrete at a cost of $108.00 per cubic yard, 200 cubic yards of high early strength concrete at a cost of $129.00 per cubic yard, and 50 cubic yards of flowable fill at a cost of $97.00 per cubic yard to Ozinga Ready Mix Concrete, Inc. (2222 South Lumber Street, Chicago, IL and Evanston, IL) for a total of $65,200.00. Funding Source: Funding for this purchase will be from the FY 2015 General Fund Street and Alley Account,100.26.2670.65055 in the amount of $50,000 ($132,500 budgeted) the Water Fund Account (510.71.7115.65051) in the amount of $7,600 ($27,600 budgeted) and the Sewer Fund Account (515.71.7400.65051) in the amount of $7,600 ($10,000 budgeted). Summary: In May 2011, staff solicited bids for the purchase of concrete. The proposed contract was for a one-year period with the right to extend the contract for up to four, one-year periods. This is the final one-year contract extension. Per the terms of the contract, staff has negotiated with Ozinga RMC, Inc. to establish the purchase price based on the market conditions and other competitive bid pricing in the area. Based on market conditions, our prices will increase 7% this year. Ozinga’s Evanston plant has been the provider of concrete for Public Works in-house street and sidewalk maintenance program for over ten years. The contract terms include a provision in which the City can increase or decrease the quantities of concrete purchased by 30%. Memorandum 143 of 521 Ozinga is proposing a 7% price increase for this year due to the changing market conditions. Locally, building construction has been on the increase and Portland Cement, a basic binding product of concrete, is still in short supply in the Midwest. To ensure that the price quoted by Ozinga was competitive, staff solicited quotes from two additional vendors for 350 cubic yards of basic concrete and received verbal quotes of $116.28 per cubic yard and $132.00 per cubic yard. Therefore, staff recommends awarding a one-year contract extension for concrete to Ozinga. Page 2 of 2 144 of 521 For City Council meeting of March 23, 2015 Item A3.5 Business of the City by Motion: 2015 Water Main and Street Resurfacing CIP I For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Suzette Robinson, Director of Public Works Sat Nagar, P.E., Asst. Director of Engineering & Infrastructure Dan Manis, P.E., Senior Project Manager Subject: Contract Award for 2015 Water Main Replacement & Street Resurfacing Project CIP I Date: March 12, 2015 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a contract for The 2015 Water Main Replacement & Street Resurfacing CIP I Project (Bid #15-13) with A. Lamp Concrete Contractors Inc. (1900 Wright Blvd., Schaumburg, IL 60193) in the amount of $3,478,157.52. Funding Source: Funding for this work will be from the Water Fund (733086.65515) in the amount of $2,727,162.38, the Sewer Fund (7420.65515) in the amount of $217,543.85, and CIP Street Resurfacing Fund (415855.65515) in the amount of $533,451.29. Summary: The CIP I Project consists of the 2015 streets segments requiring water main replacements and street resurfacing. The water mains to be replaced are determined by the Utilities Department based on the main breaks, age, condition and size of the water main. The following street segments are included in the CIP Group I water main replacement and street resurfacing project: Memorandum Page 1 of 2 145 of 521 Dempster Street – Fowler Avenue to Asbury Avenue Pitner Avenue - Nathaniel Place to Dempster Street Dodge Avenue - Mulford Street to Oakton Street The above streets in CIP I have been included as a separate project. This is to ensure construction completion on Dodge Avenue before school starts in August 2015. In addition, the Illinois Department of Transportation will be resurfacing Dempster Street from west City limits to Ridge Avenue and the water main replacement must be completed by June 2015. A location map showing the water main replacement & street resurfacing included in CIP I is attached. The project was bid in February and advertised in the Chicago Tribune. The project was also published in the State Contractors Bulletin and on Demand Star. The bids were opened on March 3, 2015. The bid results are correct and in order. A copy of the bid tabulation is enclosed for your review. The engineer’s estimate of $3,453,392.45 was based on the last year’s prices with increases to account for inflation. The water main portion of this project is substantially higher than originally estimated in the Capital Improvement Plan. Staff will review the remaining water main projects on Hastings Avenue, Chicago Avenue, and Sheridan Road North of Lincoln to determine if these projects can be deferred to 2016 or if additional debt should be issued in the summer of 2015 to cover all planned projects in the Water Fund. A. Lamp Concrete Contractors Inc. submitted the lowest responsible bid for the project and satisfies the City’s M/W/EBE goal by including the following subcontractors in their bid: Marking Specialists (MBE), Ozinga Ready Mix Concrete (EBE), Flader Plumbing & Heating (EBE), Alas Trucking (MBE) and Salary Trucking (MBE). The total value of the estimated M/W/EBE subcontracted work is 25% ($874,864.00). The M/W/EBE schedule and the supporting documentation have been reviewed and confirmed by the Purchasing Division, as indicated in the attached memo. The contractor has agreed to comply with Local Employment Program to hire Evanston residents to work on this project. A. Lamp Concrete Contractors Inc. has worked in the City on similar projects before and has completed its work on time and within budget. Attachments: Bid Tab Location Map M/W/EBE Memo Page 2 of 2 146 of 521 BID NO: 15-13 DATE: March 3, 2015 TIME: 2:00 P.M. ATTENDED BY: DM, AA UNIT UNIT UNIT UNIT UNIT PRICE PRICE PRICE PRICE PRICE 1 Temporary Fence Foot 8,814 $2.00 $17,628.00 $0.20 $1,762.80 $1.00 $8,814.00 $4.70 $41,425.80 $1.00 $8,814.00 2 Tree Trunk Protection Each 211 $145.00 $30,595.00 $10.00 $2,110.00 $180.00 $37,980.00 $155.00 $32,705.00 $50.00 $10,550.00 3 Tree Crown Pruning Each 211 $50.00 $10,550.00 $70.00 $14,770.00 $55.00 $11,605.00 $80.00 $16,880.00 $50.00 $10,550.00 4 Earth Saw Cuts of Tree Roots (Root Prunning)Foot 5,803 $3.50 $20,310.50 $3.00 $17,409.00 $4.00 $23,212.00 $6.00 $34,818.00 $8.00 $46,424.00 5 Thermoplastic Pavement Marking Letters and Symbols Sq.Ft.73 $6.00 $438.00 $15.00 $1,095.00 $4.00 $292.00 $4.00 $292.00 $12.00 $876.00 6 Thermoplastic Pavement Marking Line-4”Foot 884 $1.00 $884.00 $2.00 $1,768.00 $1.00 $884.00 $1.00 $884.00 $2.00 $1,768.00 7 Thermoplastic Pavement Marking Line-6”Foot 597 $1.60 $955.20 $3.00 $1,791.00 $2.00 $1,194.00 $2.00 $1,194.00 $3.00 $1,791.00 8 Thermoplastic Pavement Marking Line-8"Foot 276 $2.00 $552.00 $5.00 $1,380.00 $3.00 $828.00 $3.00 $828.00 $4.00 $1,104.00 9 Thermoplastic Pavement Marking Line-12"Foot 360 $3.00 $1,080.00 $8.00 $2,880.00 $4.00 $1,440.00 $4.00 $1,440.00 $5.00 $1,800.00 10 Thermoplastic Pavement Marking Line-24”Foot 148 $5.00 $740.00 $10.00 $1,480.00 $6.00 $888.00 $6.00 $888.00 $12.00 $1,776.00 11 Combined Sewers, 12", Special (D.I.P., Cl. 54)Foot 26 $125.00 $3,250.00 $165.00 $4,290.00 $135.00 $3,510.00 $270.00 $7,020.00 $450.00 $11,700.00 12 Storm Sewers, 8", Special (D.I.P., Cl. 54)Foot 47 $100.00 $4,700.00 $135.00 $6,345.00 $115.00 $5,405.00 $184.50 $8,671.50 $420.00 $19,740.00 13 Earth Excavation Cu.Yd.143 $35.00 $5,005.00 $45.00 $6,435.00 $50.00 $7,150.00 $54.15 $7,743.45 $75.00 $10,725.00 14 Trench Backfill , CLSM Fill (Controlled Low Strenght Material), As Needed Cu.Yd.1,233 $110.00 $135,630.00 $10.00 $12,330.00 $75.00 $92,475.00 $174.25 $214,850.25 $70.00 $86,310.00 15 Trench Backfill, FA-6, Sand Cu.Yd.3,500 $27.00 $94,500.00 $1.00 $3,500.00 $1.00 $3,500.00 $83.80 $293,300.00 $25.00 $87,500.00 16 Granular Backfill Ton 1,082 $27.00 $29,214.00 $1.00 $1,082.00 $1.00 $1,082.00 $33.50 $36,247.00 $20.00 $21,640.00 17 Sub-Base Granular Material, Type B (Temporary Use)Cu.Yd.712 $30.00 $21,360.00 $1.00 $712.00 $1.00 $712.00 $52.50 $37,380.00 $30.00 $21,360.00 18 Furnishing and Placing Topsoil, 3”Sq.Yd.1,662 $4.00 $6,648.00 $3.00 $4,986.00 $5.70 $9,473.40 $4.00 $6,648.00 $8.00 $13,296.00 19 Sodding, Salt Tolerant Sq.Yd.1,662 $6.00 $9,972.00 $9.00 $14,958.00 $9.40 $15,622.80 $9.00 $14,958.00 $18.00 $29,916.00 20 Aggregate Base Course, Type B, 4”Sq.Yd.1,476 $6.00 $8,856.00 $5.00 $7,380.00 $15.00 $22,140.00 $9.00 $13,284.00 $15.00 $22,140.00 21 Aggregate Base Course, Type B, 6”Sq.Yd.129 $7.00 $903.00 $7.00 $903.00 $20.00 $2,580.00 $15.90 $2,051.10 $30.00 $3,870.00 22 Bituminous Material (Prime Coat)Gal.1,372 $2.00 $2,744.00 $0.01 $13.72 $2.70 $3,704.40 $0.01 $13.72 $5.00 $6,860.00 23 Aggregate (Prime Coat)Ton 28 $20.00 $560.00 $1.00 $28.00 $1.00 $28.00 $60.00 $1,680.00 $93.00 $2,604.00 24 Mixture for Cracks, Joints and Flangeways Ton 2 $300.00 $600.00 $500.00 $1,000.00 $3,500.00 $7,000.00 $275.00 $550.00 $300.00 $600.00 25 Hot-Mix Asphalt Binder, IL 19.0, N50, 2-1/4"Ton 1,776 $95.00 $168,720.00 $100.00 $177,600.00 $95.00 $168,720.00 $90.00 $159,840.00 $125.00 $222,000.00 26 Hot-Mix Asphalt Surface Course, Mix"D", N50(IL 9.5mm)Ton 1,190 $95.00 $113,050.00 $110.00 $130,900.00 $115.00 $136,850.00 $106.00 $126,140.00 $130.00 $154,700.00 27 Incidental Hot-Mix Asphalt Surfacing Ton 153 $160.00 $24,480.00 $185.00 $28,305.00 $375.00 $57,375.00 $138.00 $21,114.00 $134.00 $20,502.00 28 Hot-Mix Asphalt Surface Removal, Variable Depth (4" Ave.)Sq.Yd.13,713 $4.25 $58,280.25 $6.00 $82,278.00 $8.00 $109,704.00 $6.75 $92,562.75 $5.00 $68,565.00 29 Hot-Mix Asphalt Surface Removal - Butt Joints Sq. Yd.265 $9.00 $2,385.00 $10.00 $2,650.00 $20.00 $5,300.00 $15.00 $3,975.00 $25.00 $6,625.00 30 Driveway Pavement Removal Sq.Yd.129 $15.00 $1,935.00 $15.00 $1,935.00 $30.00 $3,870.00 $13.50 $1,741.50 $25.00 $3,225.00 31 Curb Removal Foot 1,470 $5.00 $7,350.00 $4.00 $5,880.00 $8.00 $11,760.00 $6.40 $9,408.00 $10.00 $14,700.00 32 Combination Curb and Gutter Removal Foot 1,295 $6.00 $7,770.00 $4.00 $5,180.00 $9.00 $11,655.00 $8.65 $11,201.75 $10.00 $12,950.00 33 Sidewalk Removal Sq.Ft.13,275 $2.00 $26,550.00 $2.00 $26,550.00 $2.50 $33,187.50 $1.60 $21,240.00 $1.50 $19,912.50 34 Class B Patches, Special, 9” (HES)Sq.Yd.247 $75.00 $18,525.00 $50.00 $12,350.00 $80.00 $19,760.00 $102.35 $25,280.45 $70.00 $17,290.00 35 Full Depth Patches, Special, 11”Sq.Yd.3,642 $80.00 $291,360.00 $50.00 $182,100.00 $100.00 $364,200.00 $133.35 $485,660.70 $85.00 $309,570.00 36 Temporary Hot-Mix Asphalt Ton 419 $160.00 $67,040.00 $50.00 $20,950.00 $200.00 $83,800.00 $118.25 $49,546.75 $65.00 $27,235.00 37 Cold Mix Asphalt Ton 50 $150.00 $7,500.00 $60.00 $3,000.00 $150.00 $7,500.00 $240.80 $12,040.00 $125.00 $6,250.00 38 PCC Driveway Pavement, 6”Sq.Yd.50 $55.00 $2,750.00 $110.00 $5,500.00 $65.00 $3,250.00 $67.50 $3,375.00 $90.00 $4,500.00 39 PCC Driveway Pavement, 8”Sq.Yd.79 $60.00 $4,740.00 $120.00 $9,480.00 $65.00 $5,135.00 $75.00 $5,925.00 $110.00 $8,690.00 40 PCC Sidewalk, 5”Sq.Ft.13,275 $5.50 $73,012.50 $6.00 $79,650.00 $6.00 $79,650.00 $5.25 $69,693.75 $5.00 $66,375.00 41 Water Main, 12" (D.I.P., Cl. 54), Push Joint Foot 73 $200.00 $14,600.00 $165.00 $12,045.00 $300.00 $21,900.00 $165.00 $12,045.00 $530.00 $38,690.00 42 Water Main, 10" (D.I.P., Cl. 54), Push Joint Foot 3,655 $150.00 $548,250.00 $145.00 $529,975.00 $175.00 $639,625.00 $160.00 $584,800.00 $500.00 $1,827,500.00 43 Water Main, 8" (D.I.P., Cl. 54), Push Joint Foot 541 $145.00 $78,445.00 $135.00 $73,035.00 $160.00 $86,560.00 $154.50 $83,584.50 $480.00 $259,680.00 44 Water Main, 6" (D.I.P., Cl. 54), Push Joint Foot 140 $140.00 $19,600.00 $125.00 $17,500.00 $155.00 $21,700.00 $110.00 $15,400.00 $460.00 $64,400.00 45 Water Service Line, 2" Diameter or Less, Short, Complete Each 76 $2,500.00 $190,000.00 $2,450.00 $186,200.00 $4,000.00 $304,000.00 $6,250.00 $475,000.00 $3,500.00 $266,000.00 46 Water Service Line, 2" Diameter or Less, Long, Complete Each 70 $3,200.00 $224,000.00 $2,850.00 $199,500.00 $5,500.00 $385,000.00 $7,750.00 $542,500.00 $3,500.00 $245,000.00 47 Water Service Line, 4" Diameter or Greater, WM Pipe, Valves and Valve Boxes, CompleteEach 5 $6,000.00 $30,000.00 $7,250.00 $36,250.00 $7,500.00 $37,500.00 $8,900.00 $44,500.00 $7,500.00 $37,500.00 48 Water Valve, 10"Each 13 $6,000.00 $78,000.00 $4,250.00 $55,250.00 $8,000.00 $104,000.00 $2,960.00 $38,480.00 $10,000.00 $130,000.00 49 Water Valve, 8"Each 4 $4,000.00 $16,000.00 $3,000.00 $12,000.00 $4,500.00 $18,000.00 $2,115.00 $8,460.00 $9,000.00 $36,000.00 50 Viton or FKM Gaskets, Various Sizes, Complete, As Needed Each 36 $200.00 $7,200.00 $5.00 $180.00 $50.00 $1,800.00 $410.00 $14,760.00 $320.00 $11,520.00 51 Fire Hydrant, WM Pipe, Auxiliary Valve and Valve Box, Complete Each 19 $7,000.00 $133,000.00 $6,500.00 $123,500.00 $9,000.00 $171,000.00 $9,165.00 $174,135.00 $21,000.00 $399,000.00 52 Adjusting Sanitary Sewers, 8" Diameter or Less Each 76 $700.00 $53,200.00 $200.00 $15,200.00 $1,400.00 $106,400.00 $1,360.00 $103,360.00 $500.00 $38,000.00 53 Catch Basins, Type A, 4' Diameter, Type 1 Frame, Open Lid Each 3 $4,000.00 $12,000.00 $2,650.00 $7,950.00 $5,000.00 $15,000.00 $2,530.00 $7,590.00 $6,500.00 $19,500.00 54 Valve Vaults, Type A, 5' Diameter, Type 1 Frame, Closed Lid Each 10 $3,500.00 $35,000.00 $3,000.00 $30,000.00 $6,000.00 $60,000.00 $2,700.00 $27,000.00 $9,000.00 $90,000.00 55 Valve Vaults, Type A, 4' Diameter, Type 1 Frame, Closed Lid Each 2 $3,000.00 $6,000.00 $2,650.00 $5,300.00 $4,500.00 $9,000.00 $1,850.00 $3,700.00 $8,000.00 $16,000.00 56 Valve Box, Complete Each 4 $400.00 $1,600.00 $500.00 $2,000.00 $450.00 $1,800.00 $595.00 $2,380.00 $750.00 $3,000.00 57 Fiberglass Fabric Repair System Sq.Yd.1,960 $45.00 $88,200.00 $25.00 $49,000.00 $50.00 $98,000.00 $58.00 $113,680.00 $50.00 $98,000.00 58 Frame and Grates To Be Adjusted Each 24 $400.00 $9,600.00 $400.00 $9,600.00 $600.00 $14,400.00 $890.00 $21,360.00 $500.00 $12,000.00 59 Frames and Lids To Be Adjusted, Special Each 17 $450.00 $7,650.00 $650.00 $11,050.00 $800.00 $13,600.00 $890.00 $15,130.00 $900.00 $15,300.00 60 Catchbasins To Be Reconstructed Each 2 $2,000.00 $4,000.00 $1,250.00 $2,500.00 $3,000.00 $6,000.00 $2,215.00 $4,430.00 $4,000.00 $8,000.00 61 Manholes To Be Reconstructed Each 3 $2,000.00 $6,000.00 $1,500.00 $4,500.00 $3,000.00 $9,000.00 $2,215.00 $6,645.00 $4,000.00 $12,000.00 62 Valve Vaults To Be Reconstructed Each 1 $2,000.00 $2,000.00 $1,100.00 $1,100.00 $3,000.00 $3,000.00 $2,215.00 $2,215.00 $4,000.00 $4,000.00 63 Frames and Lids, Type 1 Frame, Open Lid Each 2 $500.00 $1,000.00 $450.00 $900.00 $500.00 $1,000.00 $485.00 $970.00 $400.00 $800.00 64 Frames and Lids, Type 1 Frame, Closed Lid Each 6 $500.00 $3,000.00 $450.00 $2,700.00 $500.00 $3,000.00 $485.00 $2,910.00 $400.00 $2,400.00 65 Removing Inlets Each 2 $500.00 $1,000.00 $200.00 $400.00 $500.00 $1,000.00 $350.00 $700.00 $500.00 $1,000.00 66 Removing Catch Basins Each 3 $600.00 $1,800.00 $400.00 $1,200.00 $800.00 $2,400.00 $670.00 $2,010.00 $500.00 $1,500.00 67 Removing Valve Vaults Each 9 $600.00 $5,400.00 $350.00 $3,150.00 $700.00 $6,300.00 $670.00 $6,030.00 $500.00 $4,500.00 68 Removing Valve Boxes Each 16 $250.00 $4,000.00 $200.00 $3,200.00 $400.00 $6,400.00 $180.00 $2,880.00 $200.00 $3,200.00 69 Removing Fire Hydrants Each 11 $600.00 $6,600.00 $650.00 $7,150.00 $800.00 $8,800.00 $810.00 $8,910.00 $800.00 $8,800.00 70 Concrete Curb, Type B (AEP-Modified)Foot 1,470 $20.00 $29,400.00 $25.00 $36,750.00 $20.00 $29,400.00 $17.00 $24,990.00 $45.00 $66,150.00 71 Combination Concrete Curb & Gutter, Type B6.12 (AEP-Modified)Foot 1,295 $21.00 $27,195.00 $25.00 $32,375.00 $20.00 $25,900.00 $17.00 $22,015.00 $45.00 $58,275.00 72 Detectable Warnings Sq.Ft.1,070 $32.00 $34,240.00 $35.00 $37,450.00 $25.00 $26,750.00 $25.75 $27,552.50 $22.00 $23,540.00 73 Detector Loop Replacement Foot 640 $22.00 $14,080.00 $20.00 $12,800.00 $20.00 $12,800.00 $17.90 $11,456.00 $25.00 $16,000.00 74 Street Sweeping Each 34 $500.00 $17,000.00 $50.00 $1,700.00 $500.00 $17,000.00 $750.00 $25,500.00 $700.00 $23,800.00 75 Exploration Trench, D < 10 ft.Each 37 $500.00 $18,500.00 $50.00 $1,850.00 $1,000.00 $37,000.00 $650.00 $24,050.00 $610.00 $22,570.00 76 Special/Non-Special Waste Disposal Cu.Yd.5,406 $35.00 $189,210.00 $1.00 $5,406.00 $1.00 $5,406.00 $92.15 $498,162.90 $10.00 $54,060.00 77 Temporary Information Signing Sq. Ft.65 $400.00 $26,000.00 $25.00 $1,625.00 $20.00 $1,300.00 $18.00 $1,170.00 $20.00 $1,300.00 78 Soil Disposal Analysis Lump Sum 1 $15,000.00 $15,000.00 $1,000.00 $1,000.00 $15,000.00 $15,000.00 $4,500.00 $4,500.00 $15,000.00 $15,000.00 79 Pre and Post Construction Sub-Surface Videotaping Lump Sum 1 $40,000.00 $40,000.00 $150,000.00 $150,000.00 $75,000.00 $75,000.00 $7,800.00 $7,800.00 $150,000.00 $150,000.00 80 Traffic Control and Protection Lump Sum 1 $150,000.00 $150,000.00 $710,000.00 $710,000.00 $425,000.00 $425,000.00 $85,000.00 $85,000.00 $950,000.00 $950,000.00 81 Construction Layout Lump Sum 1 $15,000.00 $15,000.00 $200,000.00 $200,000.00 $50,000.00 $50,000.00 $9,000.00 $9,000.00 $150,000.00 $150,000.00 82 Changeable Message Sign Cal.Mo.6 $1,250.00 $7,500.00 $25.00 $150.00 $1,500.00 $9,000.00 $1,500.00 $9,000.00 $3,000.00 $18,000.00 $3,453,392.45 $3,478,157.52 $4,248,977.10 $4,950,257.37 $6,588,788.50 $3,478,157.52 $4,248,977.10 $4,950,257.37 $6,588,788.50 Berger Excavating Contractors, Inc. 1205 Garland Road, Wauconda, IL 60084 TOTAL CITY OF EVANSTON TABULATION OF BIDS FOR 2015 WATER MAIN REPLACEMENT AND STREET RESURFACING PROJECT (CIP 1), PW-WMRS-1501 APPROVED ENGINEER'S ESTIMATE NAME AND ADDRESS OF BIDDERS A. Lamp Concrete Contractors, Inc Glenbrook Ex. & Conc., Inc. 800 W. Irving Park Road, Schaumburg, IL 60193 1350 N. Old Rand Road, Bolder Contractors, Inc. Deerfield, IL 60015 440 Lake Cook Road, Unit 3B Wauconda, IL., 60084 TOTAL BID AS READ AS CORRECTED ITEM NUMBER ITEM UNIT TOTAL QUANTITY TOTAL TOTAL TOTAL TOTAL 7:02 PM, 3/9/2015 C:\Users\snagar\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\ISKC00G0\BID TAB PW-WMRS-1501 (2) 147 of 521 HARRISON STMEADOW-LARK LNGLENVIEW RD THAYER ST ARBORLN KNOX CIRHIGHLAND AVELAWNDALE AVEPARK PL EWING AVECOLFAX ST BENNETT AVEBRADLEY PLFOSTER STST E W A R T A V E HARRISON STWALNUT AVEGREY AVEDODGE AVEDARROW AVEDEWEY AVEASHLAND AVEEMERSON ST LYONS ST MADISON STOAK AVEOAKCLARK STASBURY AVECASE ST FOSTER ST CLINTON PL LINDEN PL UNIVERSITY PL CLARK S T CLYDE AVEHINMAN AVE INGLESIDE PK GREELEYHILLSIDE LN NOYES CULVER ISABELLA ST PAYNE ST CALVIN CIR LAWNDALE AVETHAYER ST PARK PL PITNER AVELAKE STLEMAR AVEDEMPSTER STHARTREY AVEPR A I R I E A V E BROWNLIVINGSTON ST THELIN CTASHLAND AVEJACKSON AVEWESLEY AVECRAINASBURY AVESHERMAN AVECHICAGO AVE GARRETT PL MILBURN PK DEMPSTER STGROSS POINT RDPAYNE DARTMOUTH PL PROSPECT AVECOWPER AVECENTRAL ST LINCOLNWOOD DRELGI N R D WOODLAND RD PITNER AVENATHANIEL PL CHURCH ST NOYES ST RICHMOND AVEWARREN STGREY AVEGREYHOVLAND CTBROWN AVEG R E E N B A Y R D DARROW AVESOUTH BLVDDARROW AVELYONS STWOODBINE AVEJENKS ST WASHINGTON STASHLAND AVECROFT LNWESLEY AVEROSALIE ST BARTON AVELEE STRIDGE AVEOAK AVEMAPLE AVELINCO LN ST CASE PL LAKE ST CHURC H S TORRINGTON AVEINGLESIDE PL FOREST AVETECH DR SHERIDAN RD HILLSIDE RD SIMPSON STHASTINGS AVEOTTO LN RIDGEWAY AVEMARCY AVEFORESTVIEW RDREESE AVEBENNETT AVEHOWARD STHARTREY AVECLEVELAND STFOWLER AVECRAIN STPITNER AVEBROWN AVEWASHINGTON STHARTREY AVEBROWN AVEGREY AVEFLORENCE AVEASBURY AVEMONROE STST. MARK'S CTRIDGE AVEELMWOOD AVESHERMAN AVESHERMAN AVEHAMLIN ST GAFFIELD PL SHERMAN PL GREENWOOD STHINMAN AVESHERMAN AVEHAVEN ST EUCLIDPARK PL JUDSON AVE SOUTH BLVD LEE STJUDSON AVEMICHIGAN AVESHERIDAN SQLAKE SHORE BLVDSH E R IDAN RD THAYERST T H A Y E R C T CRAWFORD AVECOLFAX PL TRINITY CT HARTZELL ST NORMANDY PL HURD AVEMcDANIEL AVEWADE CTMARTHA LNHARTZELL ST PITNER ALYGREENWOOD STMcCORMICK BLVDGREY AVEKEENEY ST GREENLEAF ST BRI D G E ST PAYNE ST ISABELLA ST FLORENCE AVECLEVELAND STDEWEY AVECOLFAX TER CENTRAL ST CHANCELLOR WASHINGTON STRIDGE AVEGARNETT PL LEONARD PL BRUMMEL ST MULFORD STMAPLE AVEELG I N R D COLFAX STRIDGE AVERIDGE TER DAVIS S T LIBRARY PL DARTMOUTH PL CHICAGO AVE KEDZIE ST MAIN ST FOREST AVEARTSCIRCLE DR ARNOLD PLSHERIDAN RDPRINCETON AVEMARCY AVEISABELLA ST LINCOLN ST THAYER ST HAWTHORNE LN LINCOLN ST COLFAX STLIVINGSTON DODGE AVEGROVE ST HARRISONBROADWAY AVECHANCELLOR ST FOSTER STJACKSON LIVINGSTON DOBSON ST HARVARD TER SOUTH BLVDRIDGE CTRIDGEAVESIMPSON STBRYANT AVEOAKTON ST EMERSON ST MONTICELLO PL HINMAN AVEKEENEY ST GREENLEAF ST MICHIGAN AVEBURNHAM PLPRINCETONWELLINGTON CTC R A W F O R D LINCOLNWOOD DRBRUMMEL PLMcCORMICK BLVDMcDANIEL AVEMcDANIEL AVESIMPSON ST OAKTON ST MADISON PLLAUREL AVEPIONEER RDPAYNE STELM AVESEWARD STBROWN AVELEE ST GREY AVEGREY AVEDOBSON STDODGE AVESEWARD STDEWEY AVEWESLEY AVEWESLEY AVEELINOR PL DAVIS STWESLEY E A S T R A I L R O A D A V E LEON PL NOYES ST GRANTGIRARD AVESEWARD STELMWOOD AVEREBA PL NOYES CTGARRISON AVESHERIDAN RD CALLAN AVEGROVE S T CALLANJUDSON AVELAKESIDE CT HAMILTON ST HAYES CLIFFORD STBERNARD PLTHAYER PARK PL CENTRAL PARK AVEGRANT STEWING AVEMcDANIEL AVECENTRAL ST HARTREY AVEFOWLER AVELELAND AVELYONS ST BRUMMEL STDEWEY AVEKEENEY STDODGE AVEMAIN STDARROW AVEGRANT ST P R A I R I E A V E P O P L A R A V E G R E E N B A Y R D MULFORD ST ASHLAND AVEKIRK ST WILDER STEASTWOOD AVEASHLAND AVEASBURY AVEWESLEY AVEASBURY AVEHAMPTON PKYHULL TER AUSTIN STPRATT CTRIDGE AVEBENSON AVECENTRAL ST SHERIDAN PL R OS L Y N P L HOWARD STCUSTER AVEMILBURN ST SHERIDAN RDFOREST PLCAMPUS DREDGEMERE CTNORTH SHORE CHANNELNORTH SHORE CHANNELLAKEMICHIGAN1200 1800 29002300200019001600400100 200 800 900 1000 1700 2100 2700 2800 500 2100 2700 340030002200160015001000500300300 1100 1200 1300 1800 1900 2300 2900 900 28002500270025007006005002400 1400 1500 1900 2200 2300 2600 350026002400180017001500120011001000800600 2500 2600 300 400 600 800 700 2800 3600230020002200130012001100700200400 1600 200 1000 380033001700900900200500 2000 1300 1600 2500 2400 370026002400210019001400100300100700 1400 1500 2200 100 1100 1700 2000 3200310021001800130014008006004002015 Water Main CIP 1 location map.mxd 01/26/2015 0 0.5 10.25 Mile ´ This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information. Water Main and Resurfacing 2015 Water Main Replacement and StreetCity of Evanston Department of Public Works Water Main Only, Resurfacing By IDOT Resurfacing Project (CIP 1), PW-WMRS-1501 148 of 521 Bid 15-13, Contract Award for 2015 Water Main Replacement & Street Resurfacing Project, M/W/EBE Memo, 03.23.2015 To: Suzette Robinson, Director of Public Works Sat Nagar, P.E., Senior Project Manager, Infrastructure & Engineering Dan Manis, P.E., Senior Project Manager From: Tammi Turner, Purchasing Manager Subject: Bid 15-13, Contract Award for 2015 Water Main Replacement & Street Resurfacing Project Date: March 23, 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’s goal is to have general contractors utilize M/W/EBEs to perform no less than 25% of the awarded contract. With regard the recommendation for Bid 15-13, Contract Award for 2015 Water Main Replacement & Street Resurfacing Project, A. Lamp Concrete Contractors Inc., is found to be in initial compliance with the MWEBE goal and initial compliance with the LEP program. A. Lamp Concrete Contractors Inc., total base bid is $3,478,157.52, and will receive 25% credit. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Marking Specialist Corporation Stripping $7,312.01 .5 X Ozinga Ready Mix Concrete, Inc. Concrete $52,000 1.5 X Flader Plumbing & Heating Co. Service Connections $45,552 1 X Alas Trucking, Inc. Hauling & Trucking $385,000 11 X Saray Trucking, Inc. Hauling & Trucking $385,000 11 X Total M/W/EBE $874,864.00 25% Cc: Martin Lyons, Assistant City Manager/CFO Memorandum 149 of 521 For City Council meeting of March 23, 2015 Item A4 Business of the City by Motion: Change Order for 2015 CIPP Sewer Contract A For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Director of Utilities Lara Biggs, Superintendent – Construction & Field Services Subject: Approval of Change Order No. 1 for 2015 CIPP Sewer Rehabilitation Contract A (Bid 15-01) Date: March 14, 2015 Recommended Action: Staff recommends City Council authorize the City Manager to execute Change Order No. 1 for the 2015 CIPP Sewer Rehabilitation Contract A (Bid 15-01) with Kenny Construction Company (2215 Sanders Road, Suite 400, Northbrook, IL) in the amount of $80,770.00. This will increase the contract amount from $267,040.00 to $347,810.00. This change order is for rehabilitation of the sewer beneath an alley that Northwestern University will be resurfacing this summer. There is no time extension associated with this change order. Funding Source: Funding for this work will be from the Sewer Fund, Account 515.71.7420.62461, which currently has $116,850 in remaining available funding for FY 2015. Background: This contract includes the rehabilitation of approximately 4,950 feet of combined sewer and main ranging in size from 9-inch diameter to 24-inch diameter at 23 different sites. A location map indicating where the work will take place is attached. The sewer mains were identified as needing rehabilitation during the closed circuit TV inspection of sewer mains under or adjacent to streets scheduled for resurfacing during the 2015 construction season. Analysis: Northwestern University is proposing to resurface the alley east of Orrington, from Garrett Place to Haven Street. The driving surface of this alley is in extremely poor condition, and the alley borders properties owned primarily by Northwestern. Upon Memorandum 150 of 521 review, staff determined that the sewer beneath the alley also needs to be rehabilitated. Because Northwestern is proposing to resurface the alley between June and September of 2015, it is proposed to add this as a change order to an existing CIPP contract rather than try to obtain a separate bid price. The pricing proposed by Kenny Construction to complete the lining ($150/foot) is less than the bid prices that the City has received for rehabilitating similarly sized sewer over the last several years. This results in a lining cost of $59,100. In addition, the sewer is partially blocked with heavy calcium deposits and roots, which will require additional heavy cleaning prior to the installation of the liner in the amount of $21,670. This results in a total change order cost of $80,770.00. There is no time extension associated with this change order. Legislative History: The City Council approved contract award to Kenny Construction on February 9, 2015. Attachments: Location Map Change Order No. 1 151 of 521 152 of 521 153 of 521 An Equal Opportunity Employer 2215 Sanders Road Suite 400 Northbrook, IL 60062-6114 P: (847) 777-7527 F: (847) 239-5196 www.kennyconstruction.com _________________________________ March 12, 2015 ATTN: Lara N. Biggs, P.E. Utilities Department City of Evanston 555 Lincoln Street Evanston, IL 60201 847-448-8210 RE: 2015 CIPP Sewer Rehabilitation Contract A (Change Order #1 - 30” Orrington Alley CIPP) As per your request, we are pleased to submit our proposal for the above referenced change order. DESCRIPTION QUANITY UNIT UNIT PRICE TOTAL 30" CLEANING/TV (Heavy Deposits) 394 LF $ 55.00 $ 21,670.00 LINER FOR 30-INCH DIA. SEWERS 394 LF $ 150.00 $ 59,100.00 $ 80,770.00 TOTAL 1. Kenny Construction has included the following scope of work in our proposal: A. Light/Heavy Clean & Televise 394 linear feet total of existing 30” diameter sewer prior to CIPP installation. Includes removal of heavy deposits. B. Furnish and Install 394 linear feet total of cured-in-place pipe liner for 30” sewer. C. All liners have been designed for fully deteriorated conditions using the ASTM F-1216 method using a two percent ovality factor.(12mm finish) D. The lined sewer will be televised and the active laterals will be reinstated. E. After laterals have been reinstated, post televising of sewer will occur. F. Materials can be manufactured for this project in approximately two weeks after the initial survey of sewers. G. Installation of the liner will be scheduled approximately one week after receipt of the materials. 2. Owner to provide: A. Bypass pit if necessary. Kenny Construction Company appreciates the opportunity of submitting our proposal for the above referenced project. If you have any questions, please feel free to contact our office. Sincerely, Kenny Construction Company Pat Szyska Pat Szyska Estimator/Project Manager Pat.Szyska@gcinc.com 154 of 521 155 of 521 For City Council meeting of March 23, 2015 Item A5 Business of the City by Motion: 2015 Special Events Calendar For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Joseph McRae, Director, Parks, Recreation and Community Services Subject: 2015 Special Events Calendar Date: March 12, 2015 Recommended Action: Staff recommends City Council approval of the 2015 calendar of special events, contingent upon compliance of all requirements as set forth by the Special Event Policy & Guidelines. This year’s calendar includes 6 new events and 1 returning street event that would like to relocate to Raymond Park. Funding Source: Costs for city services provided for events require a 100% reimbursement from the sponsoring organization or event coordinator. These fees are waived for City events and City co-sponsored Events. Summary: Non park events with 250 participants or more and/or requiring a street closure, (with exception of block parties) require Administration and Public Works Committee and City Council approval. Lakefront park events of 100 participants or more and non-lakefront park events of 250 participants or more require Human Services Committee and City Council approval. The March 2, 2015 Human Services Committee meeting was cancelled, therefore the 2015 lakefront and park events are being forwarded to the Administration and Public Works Committee for consideration of approval Returning events: Events held on City sidewalks/streets/parking lot: Ricky Byrdsong Race, 4th of July Parade, Custer Fair, Fountain Square Arts Festival, NU Homecoming Parade, Taste of Armenia Street Fair, Neighborhood Way of the Cross, Malankara Catholic Church Procession, Downtown Evanston Summer Sidewalk Sale, Central St. Sidewalk Sale, NU Commencement, NU Big Ten Tennis Tournament, McGaw YMCA Triathlon, Cubmobile, Food Truck Event, Bike the Ridge, Flying Turkey Run, NU Run for Walk, ETHS Booster Palooza, Streets Alive, First Night Evanston, Art in the Alley, Art and Big Fork Festival, Kits Cats Kids, Northshore Crop Hunger Walk Memorandum 156 of 521 Lakefront Park Events: Starlight Concert and Movie Series, Ethnic Arts Festival, Lakeshore Arts Festival, Rotary International Staff Picnic, 4th of July Fireworks, Ricky Byrdsong 5K Race, Nichols School Walk-a-thon, North Shore Century Bike Ride, Flying Turkey 5K Run, Trick or Treat Trot, Walk a Mile in Her Shoes, Northshore Crop Hunger Walk, Duck Pluck Non-lakefront Park Events: Evanston Garden Fair, Backyard Botanic Plant Sale, Haitian Community Picnic, Starlight Concert and Movie Series, Custer Fair, Evanston CommUnity Picnic, Holiday Tree Lighting, Dar-us-Sunnah Masijid Community Picnic, Ride for AIDS, Jamaica Day Celebration Picnic, Evanston Remembrance Picnic, Zombie Scramble, First Night Evanston New events: • Daytime Summer Music Series, 11am – 1pm on 6 dates to be determined Downtown Evanston is proposing to have a mini daytime music series in Fountain Square where a band will play in Fountain Square during the lunch hours of 11am – 1pm. There will be 6 performance dates between June/July – exact dates to be determined. • Daytime Farmers’ Market, 7am – 1pm during June / July Dates to be determined Downtown Evanston is proposing a small farmers’ market of a few vendors from Downtown Farmers’ market that will be staged at 909 Davis St. • Downtown Wine Walk in October, Date/Time to be determined Downtown Evanston is proposing a wine walk where participants will visit/shop at participating downtown businesses and sample a variety wines. Finger foods will also be available at each location. • Young Evanston Artist (YEA!), 10am – 4pm on Sat, May 16 in Raymond Park For 28 years YEA! has taken place at Chicago/Dempster. Increased congestion over the past few years has created a critical safety issue for pedestrians and traffic so the organizer is proposing to hold YEA! in Raymond Park, closing Lake St from Chicago Ave to Hinman (similar to the layout for First Night Evanston). • Willard School PTA 5K Fundraiser, 7am – 10am on Sun, May 3 Staged in Centennial Park, participants will run along Sheridan Rd sidewalk between Clark and Lincoln; then onto NU property; and back to Centennial Park. Similar to the annual 5K Turkey Trot. • Arrington Lakefront Lagoon Dedication/Ribbon Cutting, 3pm – 6pm on Sat, Jun 6 The City is planning a ribbon cutting ceremony dedicating the Arrington Lagoon that will include speakers and a concert performance in Dawes Park. 157 of 521 • No Flip: Evanston Open Water Challenge, 8am – 1pm on Sat, Aug 22 Team OWOL of Evanston, is proposing a swim challenge at Clark St Beach that will consist of 3 swim races (2.5k, 5k and 10k) around a designated loop with buoys to define the course. Afterward the participants will have a picnic in Centennial Park. Proposed event not listed and on hold for further consideration. • End of Year 4 Day Carnival, Thurs, June 11 thru Sun, June 14 Christine Wolfe is proposing to have 4-day carnival in the parking lot on the southeast corner of Church / Dodge and pony rides and food vendors on the future site of Y.O.U. The special events committee is waiting to receive a special event permit application and an opportunity to meet with Ms. Wolfe and the Carnival Company to discuss further. The city will have improvement projects taking place in various Evanston locations; some of which may affect proposed events. Staff will try, whenever possible, to avoid construction on events dates however this may not be possible in every case. The special events committee will work closely with the Public Works staff to update event coordinators on construction project timelines to minimize conflicts as much as possible so they can plan accordingly in case their event needs to be modified. Legislative History: October 28, 2013 City Council approved modifications to the special events policy for lakefront use as a 3 year pilot at which time City Council can extend or modify the policy. The policy allows a total of 6 high impact events and 10 low impact events between Memorial Day and Labor Day (May and September); and 5 high impact events and 12 low impact events between Labor Day and Memorial Day (September and May). ------------------------------------------------------------------------------------- Attachments: Permit applications for new proposed events List of 2015 special events List of lakefront events (separated for quick reference) Special Event Permit Policy & Instructions 158 of 521 159 of 521 160 of 521 161 of 521 162 of 521 163 of 521 164 of 521 165 of 521 166 of 521 167 of 521 168 of 521 169 of 521 170 of 521 171 of 521 172 of 521 173 of 521 174 of 521 175 of 521 176 of 521 177 of 521 178 of 521 179 of 521 180 of 521 181 of 521 182 of 521 183 of 521 184 of 521 185 of 521 186 of 521 187 of 521 188 of 521 189 of 521 190 of 521 191 of 521 192 of 521 193 of 521 194 of 521 195 of 521 196 of 521 197 of 521 198 of 521 199 of 521 200 of 521 201 of 521 202 of 521 203 of 521 204 of 521 For City Council meeting of March 23, 2015 Item A6 Resolution 34-R-15: Agreement between the City of Evanston and the Fraternal Order of Police Labor Council- Sergeants For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/CFO Richard Eddington, Police Chief Subject: Resolution 34-R-15: Collective Bargaining Agreement with the Fraternal Order of Police Labor Council – Sergeants. Date: March 18, 2015 Recommended Action: Staff recommends City Council adoption of Resolution 34-R-15 to authorize the City Manager to execute a collective bargaining agreement with the Fraternal Order of Police Labor Council (FOP) – Sergeant bargaining unit, effective January 1, 2015 through December 31, 2017. City Council approval will ratify the tentative agreements executed throughout the negotiation process. Funding Requirements and Sources: Based on current fiscal year, the contract meets budget expectations with a 2.7% general wage increase for the first year. For the second year of the contract, the agreed upon general wage increase is 2.7%, and the third year will be a 2.5% increase. Funding for the collective bargaining agreement will come from the General Fund. Summary: The major deal points of the contract are: Term: 3 years through end of 2015 – 2017. agreements. General Wage Increase (“GWI”): GWI 2.7% 2015 GWI 2.7% 2016 GWI 2.5% 2017 Memorandum 205 of 521 Education Incentive: The City maintained the educational incentive as a flat dollar amount in this contract as opposed to the percentage amount included in the International Association of Firefighter’s contract. Even with the educational incentive stipend increase in 2015 and 2016, the stipend is still less than half of that earned by a firefighter at the top percent amount ($4,000). 2015 – Police Education Incentive - $1,600 2016 and continuing - $1,700 Wages & Benefits – Pay for Assignment Work in a Higher Rank: An employee who is temporarily assigned to work in a higher rank shall be paid an additional four ($4.00) dollars per hour for all hours worked in that capacity. Insurance Opt-Out Plan: Employees covered under their spouse’s plan from the City of Evanston are not eligible for the annual $1,800 opt-out payment. This equals all other bargaining units and non- union full-time staff. Legislative History: N/A. Attachments: Resolution 34-R-15 206 of 521 3/18/2015 34-R-15 A RESOLUTION Authorizing the City Manager to Execute the Collective Bargaining Agreement Between the City of Evanston and Evanston Police Sergeants Association Affiliated with Illinois Fraternal Order of Police Labor Council NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The Collective Bargaining Agreement between the City of Evanston and The Evanston Police Sergeants Association Affiliated with the Illinois Fraternal Order of Police Labor Council is hereby approved. The term of the Agreement shall be from January 1, 2015 to December 31, 2017. SECTION 2: The City Manager is hereby authorized and directed to execute the Collective Bargaining Agreement on behalf of the City of Evanston. SECTION 3: This Resolution 34-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 207 of 521 Certificate as Keeper of Records, Files and Seals STATE OF ILLINOIS ) ) COUNTY OF COOK ) I, RODNEY GREENE, City Clerk of the City of Evanston in the County of Cook and state aforesaid and Keeper of the Records, Files and Seal of said City, do hereby certify that attached hereto is a true original of Resolution 34-R-15: Collective Bargaining Agreement with the Fraternal Order of Police Labor Council – Sergeants. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the City of Evanston this _______ day of _______________, 2015 ___________________________________ Hon. Rodney Greene, MMC, City Clerk 208 of 521 For City Council meeting of March 23, 2015 Item A7 Resolution 31-R-15: Regarding Southwest TIF District Surplus For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee. From: Martin Lyons, Assistant City Manager/CFO Subject: Resolution 31-R-15, Regarding Southwest TIF District Surplus Date: March 2, 2015 Recommended Action: Staff recommends City Council adoption of Resolution 31-R-15 declaring and distributing a surplus of $905,308 from the Southwest (TIF) District at the end of Fiscal Year 2014. Summary: The table on the next page summarizes the December 31, 2014 Southwest TIF Fund Balance. This TIF closed at the end of the 2014 calendar year. As a result, the remaining fund balance needs to be dispursed to the appropriate taxing bodies throughout the County according to the approved rates. As a result of this dispersement, the City of Evanston would receive approximately $151,200 and the Library would receive approximately $20,103. Staff will recommend allocation of City’s portion at a future date. The following table from the December 2014 Monthly Financial Report shows the Southwest TIF Fund balance and activity since 2013. Memorandum 209 of 521 FY 2013 FY 2013 FY 2014 FY 2014 Budget Audited Budget December YTD Amended Actual Adopted Actual Actual Net Property Tax Increment 465,000$ 492,410$ 485,000$ -$ 607,662$ Interest Income 100 2 1,000 - 6 Total Revenue 465,100 492,412 486,000 - 607,668 Economic Development Activities - 459 748,439 2,223 Capital Improvement Projects 580,000 422,675 - 15,354 Operating Transfer to General Fund 29,500 29,500 29,500 2,458 29,500 Total Expenditures 609,500 452,634 777,939 2,458 47,077 Net Surplus (Deficit)(144,400)$ 39,778$ (291,939)$ (2,458)$ 560,591$ Beginning Fund Balance 304,939 344,717 Ending Fund Balance 344,717$ 905,308$ City of Evanston Southwest TIF As of December 31, 2014 The recommended disbursement of $905,308 will result in an estimated breakdown of revenues as noted in the table below, but is subject to final allocation by Cook County. Agency/Taxing Body FY 2014 Surplus Distribution (estimated) Cook County 48,108.98$ Library 20,102.68$ City of Evanston 151,199.67$ ETHS District #202 231,009.04$ School District #65 315,371.58$ Other 139,516.06$ TOTAL 905,308.00$ Attachments Resolution 31-R-15 Page 2 of 2 210 of 521 3/2/2015 31-R-15 A RESOLUTION Deeming Certain Funds in the Special Tax Allocation Fund for the Southwest Tax Increment Financing District as “Surplus” Funds and Directing the Payment and Distribution Thereof (2015) by the City of Evanston, Cook County, Illinois WHEREAS, the City of Evanston, Cook County, Illinois (the “City”), is a home-rule municipality pursuant to Article VII of the Illinois Constitution of 1970; and WHEREAS, pursuant to Ordinances 48-O-90 and 49-O-90 adopted June 25, 1990 in connection with the Southwest Tax Increment Financing District (the “TIF District”), the City Council of the City Evanston (the “Corporate Authorities”) adopted the Southwest Tax Increment Area Redevelopment Plan and related Redevelopment Projects, designated the Redevelopment Project Area, and authorized tax increment finance pursuant to the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1 et seq., as supplemented and amended, including the predecessor Act thereof (the “TIF Act”); and WHEREAS, the City is required by TIF Act Sections 11-74.4-5(d)(5)(D) and 11-74.4-8, as well as by Ordinances 48-O-90 and 49-O-90, to annually designate all funds that are not deemed as required, pledged, earmarked or otherwise designated for payment of or securing of obligations or anticipated redevelopment project costs as “surplus” funds; and WHEREAS, the City must cause the distribution thereof by paying the same to the taxing districts in the TIF District, the Illinois Department of Revenue, and the City, in direct proportion to the amount of funds received from the 211 of 521 31-R-15 collection of real estate taxes and from the State of Illinois and deposited into such special tax allocation fund, such amount to the taxing districts in the District to be in the same manner and proportion as the most recent distribution by the County Clerk of Cook County, Illinois to the affected taxing districts of real property taxes from real property in the Redevelopment Project Area, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The Corporate Authorities find, determine, and declare that the amount of funds deposited in the special tax allocation fund for the Redevelopment Project Area that is not required, pledged, earmarked or otherwise designated for payment of or securing of obligations or anticipated redevelopment project costs is nine hundred five thousand three hundred eight dollars ($905,308.00), such amount having been calculated and now deemed to be “surplus” funds for the year 2015 pursuant to Sections 1-74.4-5(d) and 11-74.4-8 of the TIF Act. SECTION 2: The City Treasurer is hereby authorized and directed to cause the payment and distribution of all such “surplus” funds in the manner and proportion as specified in Sections 11-74.4-5(d) and 11-74.4-8 of the TIF Act. SECTION 5: That this Resolution 31-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. 2 212 of 521 31-R-15 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Adopted: __________________, 2015 3 213 of 521 For City Council meeting of March 23, 2015 Item A8 Resolution 33-R-15 Agreement with Northwestern University for Paving a Portion of Lincoln Street For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Director of Utilities Subject: Resolution 33-R-15, Authorizing the City Manager to Execute the Lincoln Street Resurfacing Project Agreement with Northwestern University Date: March 14, 2015 Recommended Action: Staff recommends City Council adoption of Resolution 33-R-15, authorizing the City Manager to execute the Lincoln Street Resurfacing Project Agreement with Northwestern University. Evanston’s not-to-exceed amount for this work is $651,500.00. Funding Source: Funding for this work will be from the Water Fund, Account 513.71.7330.65515 - 733107, which has a FY 2015 Capital Improvement Plan allocation of $2,000,000 for finished water storage projects. Background: The portion of Lincoln Street between Sheridan Road and Campus Drive is directly in front of the Evanston Water Treatment Plant and therefore several large diameter water mains are located under the street pavement. Several areas of the pavement in this block of Lincoln Street consist of only 4-inches of asphalt over 6-inches of gravel bedding. This does not provide very much load bearing capacity over these vital water mains. As such, this portion of Lincoln Street has a 4-ton vehicle weight limit. Analysis: Both the City and Northwestern University (NU) have major construction projects proposed in this area of Lincoln Street. Evanston is proposing to demolish and replace the 5 million gallon treated water storage facility located at the intersection of Lincoln Street and Campus Drive, and Northwestern is proposing to construct dormitories on the south side of Lincoln Street and a lakefront athletic center in the general vicinity. Even if NU did not have any proposed projects in this area, Evanston would have Memorandum 214 of 521 improved the street prior to starting the replacement of treated water storage facility to avoid damaging the water mains. Both parties will benefit from increasing the load bearing capacity of Lincoln Street. The vital water mains under Lincoln Street will be better protected, and the weight limit restriction on this portion of Lincoln Street will be removed. This will allow the heavy truck traffic necessary for the proposed projects to use Lincoln Street. NU took the lead on this project. SmithGroup JJR (SGJJR) is performing the engineering services for the project. SGJJR provided NU with a proposal to complete the engineering services for this project in the not-to-exceed amount of $124,000. Although an official agreement has not been signed yet, they have completed the design of the improvements. NU then bid the construction work and received four (4) bids on March 4, 2015. The bids ranged in price from $929,000 to $1,018,000 and came in below the engineer’s estimate of $1,350,000. The low bid is from Walsh Construction Company, II, LLC. An additional estimated contingency amount of $250,000 is included for potential change orders, permits and material testing. A breakdown of the project costs are shown in the following table: ITEM COST EVANSTON SHARE (50% OF TOTAL) Engineering Services (SmithGroup JJR) $124,000 $62,000 Construction (Walsh Construction) $929,000 $464,000 Contingency $250,000 $125,000 TOTAL $1,303,000 $651,500 Staff at the Utilities Department has reviewed the proposals for the engineering services as well as the bids for construction and find them to be appropriate. Any costs that would be funded from the contingency allotment would be reviewed and approved by Utility Department staff prior to acceptance by NU. NU will pay all invoices associated with the project and then provide a copy of those invoices with Evanston along with an invoice from NU for 50% of the cost, payable to NU. The construction work is anticipated to start April 1 and be completed by June 10, 2015. As part of the construction the radius of the curve at Lincoln Street / Campus Drive will be reconfigured to allow for better traffic movements and improved Fire Department access. Additional drainage structures will be installed by this curb to correct a poor drainage issue that currently exists. The sidewalk on the north side of Lincoln Street will be replaced as well as the curb on the south side of Lincoln Street to provide for a proper cross-sectional profile of the street. Additionally, conduit, wiring and bases will be installed for the installation of three additional street lights on the north side of 215 of 521 Lincoln Street. The three Tallmadge pole street lights, which have a long lead time, will be purchased and installed under a separate contract by the City. These street lights will better illuminate the water plant property, increasing visibility for the security cameras at the water plant. Legislative History: n/a Attachments: Resolution 33-R-15 216 of 521 3/6/2015 33-R-15 A RESOLUTION Authorizing the City Manager to Execute the Lincoln Street Resurfacing Project Agreement with Northwestern University WHEREAS, the City of Evanston (the “City”) owns and operates the public streets throughout the City; and WHEREAS, the City and Northwestern University (“Northwestern”) wish to increase the load bearing capacity and resurface a portion of Lincoln Street in Evanston at their equal expense (the “Resurfacing Project”); and WHEREAS, the City and Northwestern wish to enter into an agreement to cooperate in the planning and the execution of the Resurfacing Project and to equally share and allocate the costs, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The City Manager is hereby authorized and directed to sign, and the City Clerk hereby authorized and directed to attest, on behalf of the City, the Resurfacing Project Agreement (“Agreement”), attached hereto as Exhibit A, by and between the City of Evanston and Northwestern. SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional conditions or terms of the Agreement as may be determined to be in the best interest of the City. SECTION 3: This resolution shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. 217 of 521 33-R-15 ~ 2 ~ _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Adopted: __________________, 2015 218 of 521 33-R-15 ~ 3 ~ EXHIBIT 1 Lincoln Street Resurfacing Project Agreement Between the City of Evanston and Northwestern University 219 of 521 220 of 521 221 of 521 222 of 521 223 of 521 224 of 521 225 of 521 Item A9 For City Council meeting of March 23, 2015 Ordinance 24-O-15: Medical Cannabis Privilege Tax For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee. From: Martin Lyons, Assistant City Manager/CFO Ashley King, Assistant Director of Administrative Services Subject: Ordinance 24-O-15, Taxing Medical Marijuana Date: March 13, 2015 Recommended Action: Staff recommends the City Council adopt Ordinance 24-O-15 Summary: The Illinois Compassionate Use of Medical Cannabis Pilot Program, 410 ILCS 130/1 et seq. (the “Act”), was signed into law on August 1, 2013 and took effect on January 1, 2014, allows for the sale and use of medical cannabis in the State of Illinois, subject to strict restrictions. The Act provided for the Medical Cannabis Privilege Tax Law, 410 ILCS 130/190 et seq., which allows the City of Evanston to impose a tax upon the privilege of cultivating medical cannabis at a rate of 6% of the sales price per ounce. This tax shall be paid by a cultivation center and is not the responsibility of a dispensing organization or a qualifying patient. The tax imposed under this Ordinance shall be in addition to the privilege tax imposed by the State of Illinois at the rate of 7% of the sales price per ounce. Ordinance 24-O-15 establishes a tax on cannabis sales from a cultivation center to the dispensary. The proposed ordinance would be a 6% tax on this sale and not on the subsequent sale between the dispensing organization and qualified patient. According to the assumptions listed below, the City can anticipate receiving approximately $140,000 annually. Approximate Patients per Day 25 Oz per patient limit 3.0 Wholesale Cost per oz (estimate) $ 125 Total Daily Sales (wholesale) $ 9,375 Business Days per Year 251 Total Annual Sales (wholesale) $2,353,125 Proposed Tax 6.00% Tax Revenue per Year $ 141,188 Memorandum 226 of 521 This revenue will be deposited into revenue account 100.19.1910.51597 on a monthly basis. The City will generate a form that will be distributed to the dispensary. The form is to be completed and returned on a monthly basis with the appropriate check for 6% of their sales; a sample form is attached to this document. The form and payment will be due 20 days after the start of the month. A 10% late fee will be assessed on all payments not made within 20 days. The City of Evanston anticipates the state licensed dispensary will be operating at 1804 Maple in the Fall of 2015, with an executed lease anticipated May 1, 2015. with the first revenue coming into the General Fund in October 2015. For the remainder of 2015, revenue of approximately $48,750 is anticipated. The lease for 1804 Maple is currently in negotiations and will be presented to City Council for consideration on April 13, 2015. Attachments Ordinance 24-O-15 Sample Cannabis Tax Return Statement Page 2 of 2 227 of 521 3/3/2015 24-O-15 AN ORDINANCE AMENDING TITLE 3, CHAPTER 2 “MUNICIPAL OCCUPATION TAXES” OF THE CITY OF EVANSTON CITY CODE BY ADDING A NEW SECTION 18 “MEDICAL CANNABIS PRIVILEGE TAX” WHEREAS, the City of Evanston (“City”) as a home rule unit of local government as provided by Article VII, Section 6 of the Illinois Constitution of 1970 has the authority to exercise any power and perform any function pertaining to its government and affairs except as limited by Article VII, Section 6 of the Illinois Constitution of 1970; and WHEREAS, the Illinois Compassionate Use of Medical Cannabis Pilot Program, 410 ILCS 130/1 et seq. (the “Act”), which was signed into law on August 1, 2013 and took effect on January 1, 2014, allows for the sale and use of medical cannabis in the State of Illinois, subject to certain strict restrictions; and WHEREAS, it is anticipated that a “medical cannabis dispensing organization” as defined by the Act, 410 ILCS 130/10(o) (“dispensary”), will be located in the City pursuant to applicable State of Illinois permits, licenses and certifications issued under the Act and subject to local regulations including receiving a building permit and any applicable zoning restrictions; and WHEREAS, the Medical Cannabis Cultivation Privilege Tax Law, 410 ILCS 130/190 et seq. (the “Law”), was enacted as part of the Act; and 228 of 521 24-O-15 2 WHEREAS, Section 200 of the Law, 410 ILCS 130/200, provides that the City may impose an “occupation or privilege” tax with regard to the distribution of medical cannabis within the City; and WHEREAS, pursuant to said authority and the City’s home rule powers, the City has determined to impose a tax on the privilege of the distribution of medical cannabis within the City as set forth in this Ordinance, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The above recitals are incorporated herein as though fully set forth. SECTION 2: Title 3, Chapter 2 of the Evanston City Code of 2012, as amended, is hereby amended to add a new Section 18 entitled “Medical Cannabis Privilege Tax” to read as follows: 3-2-18. – MEDICAL CANNABIS PRIVILEGE TAX 3-2-18-1: DEFINITIONS: For the purpose of the taxes enumerated in this Section, the following definitions shall apply: Act Compassionate Use of Medical Cannabis Pilot Program Act, 410 130/1 et seq. Cultivation Center A facility operated by an organization or business that is registered by the Illinois Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis as defined in Section 10 of the Act, 410 130/10(E), as amended. Dispensing Organization A facility operated by an organization or business that is registered by the Illinois Department of Financial and Professional Regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients as defined Section in 10 of the Act, 410 130/10(j), as amended, located in the 229 of 521 24-O-15 3 City of Evanston, Illinois. Director of Administrative Services Director of Administrative Services or his or her designee. Medical Cannabis Cannabis as defined in Section 10 of the Act, 410 ILCS 130/10(b), as amended, and its constituent cannabinoids, such as tetrahydrocannabinol (THC) and cannabidiol (CBD), used as an herbal remedy or therapy to treat disease or alleviate symptoms. Medical cannabis can be administered by a variety of routes, including, but not limited to: vaporizing or smoking dried buds; administering tinctures or tonics; applying topicals such as ointments or balms; consuming infused food products, such as soda or teas; or taking capsules. Medical Cannabis Infused Product Food, oils, ointments, or other products containing usable cannabis that are not smoked as defined in Section 10 of th e Act, 410 ILCS 130/10(q), as amended. Ounce 28.35 grams Person An individual, partnership, corporation, or public or private organization as defined in Section 195 of the Act, 410 ILCS 130/195, as amended. Qualifying Patient A person who has been diagnosed by a physician as having a debilitating medical condition. Sales Price The consideration for a sale valued in money, whether received in money or otherwise, including cash, credits, property, and services, and shall be determined without any deduction on account of the cost of the property sold, the cost of materials used, labor or service cost, or any other expense whatsoever. 3-2-18-2: MEDICAL CANNABIS PRIVILEGE TAX IMPOSED: (A) A tax is imposed and levied upon the cultivation center engaged in the privilege of the sale of medical cannabis or medical infused product to a dispensing organization located within the City of Evanston at the rate of six percent (6%) of the sales price per ounce. This tax shall be in addition to any and all other taxes imposed upon such sales and distribution. (B) The tax on a package or unit of medical cannabis infused product shall be based on the weight in ounces of usable cannabis as shown on the label required by 8 Ill. Adm. Code 1000.420, as amended. 3-2-18-3: COLLECTION OF TAX: (A) Except as otherwise provided herein, the tax levied herein shall be collected by each cultivation center that sells medical cannabis to a dispensing organization located within the City. The cultivation center shall remit the tax and file returns in accordance with this Section. 230 of 521 24-O-15 4 (B) Any cultivation center which shall pay the tax levied by this section shall collect the tax from each dispensing organization to which the sale of medical cannabis is made. (C) This tax shall be paid by a cultivation center and is not the responsibility of a dispensing organization or a qualifying patient. 3-2-18-4. ADMINISTRATION AND ENFORCEMENT. The Director of Administrative Services or his/her designee is hereby designated as the administration and enforcement officer of the tax hereby imposed on behalf of the City. It shall be the responsibility and duty of the Director of Administrative Services or his/her designee to collect all amounts due the City from the owners, operators and licensees of motels and hotels within the City. 3-2-18-5. BOOKS AND RECORDS. Every cultivation center and dispensing organization required to collect the tax imposed by this Section shall keep accurate books and records of its business or activity, including original source documents and books of entry denoting the transaction that gave rise, or may have given rise, to the tax liability or any exemption that may be claimed. All such books and records shall be kept in the English language and, at all times during business hours of the day, shall be subject to and available for inspection by the Finance Director. 3-2-18-5. TRANSMITTAL OF TAX REVENUE. (A) A cultivation center shall file tax returns showing tax receipts received with respect to sales during each one month period it completes any sales to a dispensing organization located within the City and continuing on the first day of every month thereafter on forms prescribed by the Finance Director. The monthly return for each completed calendar month shall be due within twenty (20) days of the completion of the calendar month. At the time of filing such tax returns, the owner shall pay to the Director of Administrative Services all taxes due for the period to which the tax return applies. (B) If for any reason any tax is not paid on or before the twentieth day of the month, a penalty at the rate of ten percent (10%) per thirty (30) day period, or portion thereof, from the day of delinquency shall be added and collected. 3-2-18-6. REGISTRATION. Every cultivation center and dispensing organization shall register with the Director of Administrative Services within 30 days after the date of commencing such business in the City. 231 of 521 24-O-15 5 3-2-18-7. PENALTY. Any person, firm or corporation who violates any of the provisions of this Section 18 shall be fined two hundred dollars ($200.00) for each offense. A separate offense shall be deemed committed on each day on which a violation occurs or continues to exist. 3-2-18-8. DEPOSIT OF FUNDS. All proceeds resulting from the imposition of this tax, including; interest and penalties, shall be deposited in the City's general fund. 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. Introduced:_________________, 2015 Adopted:___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor 232 of 521 24-O-15 6 Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 233 of 521 CITY OF EVANSTON MEDICAL CANNABIS TAX RETURN STATEMENT This return is provided for the purpose of paying the City of Evanston Medical Cannabis Tax on sales of medical cannabis within the City. You must remit a completed tax return form with payment no later than the 20 days after the end of the month. A late penalty of 10% will be assessed for returns filed later than 20 days after the end of the month. Please mark (X) the appropriate month for payment. A separate worksheet is required for each month. January April July October February May August November March June September December Business Name: Address of Business: Daytime Phone: Business Email: 1.TOTAL OF MONTHLY GROSS SALES: 1. $ 2. CITY OF EVANSTON TAX RATE: 2. 6% or .06 3. TAX AMOUNT: (Line 1 multiplied by tax rate in Line 2) 3. $ LATE FEE CALCULATION1 (if applicable): 1 Tax payment is due on the 20th day of the subsequent month for which taxes are assessed * If Applicable, Complete 4 thru 6: 4. Number of Months Delinquent 4. 5. Late fee percentage: (Line 4 multiplied by 10% or .10) 5. 6. Late Filing Penalty of 10% per month: (Line 5 multiplied by Line 3) 6. $ 7. TOTAL TAX & PENALTY DUE: (add Lines 3 & 6) 7. $ UNDER PENALITIES AS PROVIDED BY LAW, THE UNDERSIGNED ATTESTS THAT THIS TAX RETURN IS TRUE AND ACCURATE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF AND IS TAKEN FROM THE BOOKS AND RECORDS OF THE BUSINESS FOR WHICH THIS IS FILED. Tax Preparer’s Name (PRINT) Title Phone Number Tax Preparer’s Signature Date Mail this completed form with a check to: CITY OF EVANSTON ATTN: COLLECTORS OFFICE 2100 Ridge Ave., Room 1300 Evanston, IL 60201 Mar 2015 Internal Use only Rev Code: 1234 234 of 521 For City Council meeting of March 23, 2015 Item A10 Ordinance 29-O-15: Negotiate the Sale of 1821 Ridge Avenue For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Wally Bobkiewicz, City Manager Johanna Nyden, Economic Development Division Manager Subject: Ordinance 29-O-15, Authorizing of the City Manager to Negotiate for the Sale of City-Owned Real Property Located at 1821 Ridge Avenue Date: March 9, 2015 Recommended Action: Staff recommends adoption of Ordinance 29-O-15, “Authorizing the City Manager to Negotiate the Sale of City-Owned Real Property Located at 1821 Ridge Avenue, Evanston, Illinois.” The sale of City-owned real property is a two-step process; an ordinance must be adopted to authorize the City Manager to negotiate the sale of property followed by an ordinance at a later date that authorizes the City Manager to execute a sales contract that memorializes said negotiations. A two-thirds majority of City Council is required to adopt Ordinance 29-O-15. Summary: Property located adjacent to the subject property at 1815 Ridge Avenue is currently under contract for purchase by a developer seeking to develop the approximately 20,000 square foot property into a new multi-story residential development comprised of apartment units. During the due diligence period of this project, it was determined that the property immediately north of the building located at 1815 Ridge Avenue was not owned by National Towel Service, but rather the City of Evanston was the owner of the approximately 4,600 square foot parcel (Map of Property is attached to this memorandum for reference). As a result, there is desire to purchase the property from the City in order to include it in a larger property assemblage. Ordinance 29-O-15 authorizes the City Manager to negotiate the sale of 1821 Ridge to a purchaser. This ordinance was previously held in committee in order to revise Ordinance 29-O-15 to authorize the City Manager to negotiate with other potential purchasers of the property in addition to National Towel Service. In accordance with City Code, public notice for the negotiation of this sale will be placed in the Evanston Review (Pioneer Press) during the week of March 16, 2015. Public notice of the sale is required to be published at least once in a daily or weekly newspaper in general circulation in the City. The public notice must be published not Memorandum 235 of 521 less than 15 days and no more than 30 days prior to the date by which the City will consider the adoption of the ordinance for the sale of the property. A subsequent ordinance will be introduced authorizing the City Manager to execute the negotiated sales contract to sell the property to the party offering the best offer for the property. Attachments: -Ordinance 29-O-15 -Map of Property 236 of 521 3/4/2015 2/12/2015 29-O-15 AN ORDINANCE Authorizing the City Manager to Negotiate the Sale of City-Owned Real Property Located at 1821 Ridge, Evanston, Illinois 60201 NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The City Council hereby authorizes the City Manager to negotiate with all any all potential purchasers for the sale of the City’s interests in the real estate legally described in Exhibit A, attached hereto and incorporated herein by reference, with a real property address of 1821 Ridge, Evanston, Illinois 60201. SECTION 2: Pursuant to Subsection 1-17-4-2-(B) of the Evanston City Code, 2012, as amended (the “City Code”), an affirmative vote of two-thirds (⅔) of the elected Aldermen is required to accept the recommendation of the City Manager on the negotiation authorized herein. The City reserves the right to reject any and all negotiations. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 5: If any provision of this Ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be 237 of 521 29-O-15 ~2~ given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. 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. Ayes: ______________ Nays: ______________ Introduced:_________________, 2015 Adopted:___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 238 of 521 29-O-15 ~3~ EXHIBIT A LEGAL DESCRIPTION Lots One (1), Two (2) and Three (3) in the Resubdivision of Block One (1) in E. A. Pratt’s Addition to Evanston, a subdivision of the Southwest Quarter (SW ¼) of the Northwest Quarter (NW ¼), lying East of Ridge Road, and West of the Milwaukee Division of the Chicago and Northwestern Railroad in Section Eighteen (18), Township Forty-One (41) North, Range Fourteen (14) East of the Third Principal Meridian. Real property address: 1821 Ridge, Evanston, Illinois 60201 PINs: 11-18-116-018-0000 11-18-116-019-0000 11-18-116-020-0000 239 of 521 1821 Ridge DISCLAIMER: This map and data are provided as-in without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information Scale 1:1,600 Made with Evanston's GIS Printed: Feb 6, 2015 9:52:40 AM240 of 521 For City Council meeting of March 23, 2015 Item A11 Ordinance 26-O-15: To Convene a Public Hearing for Establishment of a SSA For Action & Introduction To: Honorable Mayor and Members of City Council Administration & Public Works Committee From: Wally Bobkiewicz, City Manager Johanna Nyden, Economic Development Division Manager Subject: Ordinance 26-O-15, to Convene a Public Hearing Proposing the Establishment of a Special Service Area Date: March 16, 2015 Recommended Action: Staff recommends adoption of Ordinance 26-O-15, “Proposing the Establishment of a Special Service Area in the City of Evanston, Illinois and Providing for a Public Hearing and Other Related Procedures”. This ordinance initiates the process for establishing a special service area (SSA) for the business district area around the Main Street, Chicago Avenue, and Dempster Street corridors. It also sets the date for a public hearing on the proposed SSA for April 13, 2015 during the regular City Council meeting. Suspension of the Rules is requested for introduction and adoption by City Council on March 23, 2015. Summary: Convening a Public Hearing to review the proposed Special Service Area (SSA) is a required step in order to legally establish the SSA. In order to establish a Special Service Area (SSA), the following must be completed: • Determine geographic boundary for SSA and properties for inclusion and tax rate and term for SSA; • Adopt Ordinance to Convene a Public Hearing; • Provide Notice for Public Hearing (mail notice to property owners of record in designated area and publish notice in local paper); and • Introduce and adopt an Ordinance Establishing the SSA. After adoption of Ordinance 26-O-15, notices of the Public Hearing will be mailed to property owners. Additionally, notice of the meeting will be published during the week of April 2 in Pioneer Press’ Evanston Review. At the Public Hearing on April 13, 2015, SSA Steering Committee members and the consultant retained to determine feasibility of the SSA will provide a presentation to the Memorandum 241 of 521 City Council on work completed to date, proposed boundaries, proposed budget, and other pertinent items regarding the SSA. If there is objection to the SSA, at least 51% of the electors residing in the district and at least 51% of the owners of record of property located within the proposed district must submit a petition to the City within 60 days of the Public Hearing indicating their objection. In the event of no formal objections to the creation of the SSA, City Council will be presented an ordinance for consideration of establishing the SSA and creation of a levy for tax year 2015 for the SSA. The date for the introduction of the ordinance to consider establishing an SSA is currently scheduled for June 8, 2015. This affords more than 60 days between the Public Hearing and the date for potential adoption (June 22, 2015). Background: In April 2014 representatives from the merchant districts associated with the intersections at Main/Chicago and Dempster/Chicago presented over 60 signatures from merchants throughout both districts indicated interest and support for considering the creation of a Special Service Area for those districts. In creating an SSA, the merchants sought financial support for projects and activities beyond those afforded through the City-sponsored Great Merchant Grant. In particular, additional marketing support as well as funding to complete aesthetic improvement such as additional planters, signage, and litter pick-up was desired. In October 2014 the City retained a consultant, Place Consulting, to work with the merchants on examining the feasibility to create the SSA and oversee designation activities with the City if the interest and feasibility to create a district were found to be present. Following the hiring of Place Consulting, a group of merchants representing leadership from both districts as well as a mix of tenants and property owners formed a steering committee to convene every few weeks to discuss the feasibility of creating the SSA. The Steering Committee also convened two joint business district meetings in early February to solicit feedback from individual merchants on willingness to create the SSA and how potential funds collected should be utilized within the district. The Steering Committee convened a third joint business district meeting on March 12 to review the potential SSA boundaries, the proposed tax levy cap, and potential budget for how funds collected would be spent. Attachments: - Ordinance 26-O-15 “Proposing the Establishment of a Special Service Area in the City of Evanston, Illinois and Providing for a Public Hearing and Other Related Procedures” - Map of Proposed SSA 242 of 521 3/16/2015 26-O-15 AN ORDINANCE Proposing the Establishment of a Special Service Area in the City of Evanston, Illinois and Providing for a Public Hearing and Other Related Procedures WHEREAS, the city of Evanston is home rule unit under Article II, Section 6(a) of the 1970 Constitution of the State of Illinois, and as such may exercise any power and perform any function pertaining to tis government and affairs for the protection of the public health, safety, morals and welfare; and WHEREAS, special service areas are established pursuant to Article VII, Sections 6(I) and 7(6) of the Constitution of the State of Illinois, and pursuant to the provisions of the Special Service Area Tax Law, (35 ILCS 200/27-5 et seq.) and pursuant to the Property Tax Code (35 ILCS 200/1-1 et seq.); and WHEREAS, this ordinance is to propose the establishment of Special Service Area Number 6 providing a tax to be levied associated with the provision of special services to the area; and WHEREAS, it is in the best interests of the City of Evanston that Special Service Area Number 6 be established, NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, ILLINOIS: SECTION 1: The preambles of this ordinance are hereby incorporated into this text as if set out herein in full. 243 of 521 26-O-15 ~2~ SECTION 2: Authority to Establish Special Service Area: The City of Evanston is authorized to establish Special Service Area Number 6 pursuant to Article VII, Section 6 of the Illinois Constitution, 1970, and further pursuant to the provisions of the Illinois Special Service Areas Act (Illinois Compiled Statutes, Chapter 35, Paragraph 200/27-5 et seq.. SECTION 3: Findings: The City of Evanston finds as follows: A. It is in the public interest that the creat6ion of Special Service Area Number 6 as described in this Ordinance for the purposes set forth in this Ordinance be established. B. Special Service Area Number 6 is located in the commercial corridor of Dempster Street south to Main Street and includes Chicago Avenue between the two commercial streets. The area comprised of commercial and mixed use properties as well as some residential is focused primarily on the inclusion of properties that include ground floor commercial uses. Where it is found to be possible, residential property is not included in SSA Number 6. The permanent tax index numbers of all parcels located within the area of the proposed SSA Number 6 and legal descriptions are attached as Exhibit 1. An accurate map depicting the location of the proposed Special Service Area is attached to and incorporated by reference as Exhibit 2. SECTION 4: Public Hearing: That a public hearing shall be held on April 13, 2015 at 7:00pm in the City Council chambers of the City of Evanston, 2100 Ridge Avenue, Evanston, Illinois 60201 to consider the establishment of a Special Service Area Number 6 consisting of territory legally described in Exhibit 1 and as depicted on the map labeled Exhibit 2, and incorporated by reference into this ordinance. At the 244 of 521 26-O-15 ~3~ hearing, a tax levy for the Special Service will be considered. The proposed annual tax levy for the Special Service Area is in an amount not to exceed the annual rate of [.45% (percent) of the equalized assessed value of the property within the proposed Special Service Area and the tax will be levied for a twelve year periodfrom and after the date the ordinance establishing the Special Service Area. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to provisions of the Property Tax Code (35 ILCs 200/1-1 et seq). SECTION 5: Notice of Hearing: Notice of the public hearing shall be published at least once not less than fifteen (15) days prior to the public hearing in the Pioneer Press a newspaper of general circulation in the City of Evanston. Additionally, notice of the public hearing by mail shall be provided with the public hearing notice deposited in the U.S. Mail not less than ten (10) days prior to the time set for the public hearing. The notice of public hearing shall be addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the Special Service Area, and in the event taxes for the last preceding year were not paid, the notice of the Hearing was sent to the person or persons last listed on the tax rolls prior to that year as the owner or owners of said property. The notice of public hearing shall be in substantial conformance to notice attached as Exhibit 3 to this Ordinance. 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 Complied Statues and the courts of the State of Illinois. SECTION 7: All ordinances or parts of ordinances in conflict herewith are 245 of 521 26-O-15 ~4~ hereby repealed. SECTION 8: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 9: 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 246 of 521 26-O-15 ~5~ EXHIBIT 1 LEGAL DESCRIPTION OF PROPOSED SPECIAL SERVICE AREA & LIST OF PINS 247 of 521 26-O-15 ~6~ Legal Description of Special Service Area Dempster/Main/Chicago Avenue, Evanston, IL. All that part of Sections 18 and 19, Township 41 North, Range 14, East of the Third Principal Meridian, being bounded and described as follows: Beginning at the Southeast corner of Lot 1 in The Resubdivision of lots 1 and 2 in the Resubdivision of Lot 6 and that part of Lots 1 to 5 lying East of the West 24.2 feet of Block 1 in O. Husse’s Addition to Evanston in Section 19 aforesaid; thence West along the South line of said Resubdivision and its extension to the East line of an alley West of Sherman Avenue; thence North, along said East line, to the South line of the North 30 feet of Lot 23 in Block 1 of said O. Husse’s Addition to Evanston; thence West, along the South line of said North 30 feet of Lot 23 to the East line of Elmwood Avenue; thence North, along said East line and its extension to the North line of Lot 10 in A. J. Brown’s Subdivision of Block 40 in Village of Evanston in Sections 13, Township 41 North, Range 13 and Sections 7, 18 and 19, Township 41 North, Range 14 east of the Third Principal Meridian; thence East, along said North line of Lot 10 to the East line of an alley East of Elmwood; Thence North, along said East line to the South line of Greenwood Street; thence West, along the South line of Greenwood street to the West line of Chicago Avenue; thence South, along the West line of Chicago Avenue to the North line and its extension of Lot A in Stewart Consolidation of Lots 12 and 13 in Block 38 in the Village of Evanston aforesaid; thence East, along the North line and its extension of said Lot A to the East line of an alley East of Chicago Avenue; thence South, along said East line to the North line of Dempster Street; thence South to the intersection of the South line of Dempster Street and the West line of an alley East of Chicago Avenue; thence South, along the West line of said alley East of Chicago Avenue to the Northeast corner of Lot 13 in Block 76 in Village of Evanston Subdivision in said Section 19; thence Southwest, along the North line of said Lot 13, a distance of 62.41 feet to a point 93 feet 11 7/8 inches from the Northwest corner of said Lot 13; thence South to a point 85 feet and 1 inch East of the Southwest corner of said Lot 13; Thence continuing South along the extension of the last described line to the South line of Hamilton Street; thence West, along the South line of Hamilton Street to the East line of Chicago Avenue; thence South along the East line of Chicago Avenue, to the North line of Lot 21 in Block 77 in said Village of Evanston; thence East, along the North line of said Lot 21 to the West line of an alley East of Chicago Avenue; thence South, along said West line of the alley and its extension, to the South line of Greenleaf Street; thence East, along said South line, to the West line of an alley East of Chicago Avenue; Thence South, along said West line and its extension, to the South line of Lee Street; thence East to the West line of an alley East of Chicago Avenue; thence South, along said West line to the extension of the North line of Lot 23 in Gibbs, Ladd and Georges Addition to Evanston in said Section 19; thence West, along the North line and its extension of said Lot 23 to the West line of Hinman Avenue; thence South, along said West line and its extension to the North line of the South 4.46 feet of Lot 23 in the Resubdivision of the East half of Block 11 and the West half of Block 10 in White’s Addition to Evanston in Said Section 19; Thence West, along the North line of the South 248 of 521 26-O-15 ~7~ 4.46 feet of said Lot 23 and its extension to the West line of an alley East of Chicago Avenue; thence South, along said West line to the North line of Kedzie Street; thence South to the intersection of the South line of Kedzie Street with the West line of an alley East of Chicago Avenue; thence South, along the West line of said alley East of Chicago Avenue to the North line of Keeney Street; thence West, along the North line of Keeney Street to the East line of Chicago Avenue; thence North, along the East line of Chicago Avenue to the North line and its extension of Madison Street; thence West, along the North line of Madison Street to the West line Custer Avenue; thence North, along the West line of Custer Avenue, to the North line and its extension of an alle y North of Madison Street; thence West, along the North line and its extension, to the Southwest corner of Lot A in Plat of Consolidation of Lots 1, 2 and 3 private alley lying South of and adjoining in Owner’s Resubdivision of Lots 1, 2 and 3 in Block 6 in Adams and Brown’s Addition to Evanston in Section 19 aforesaid; thence North, along the West line of said Lot A, to the Northwest corner of Lot A; thence East, along the North line of Lot A, to a corner of Lot A; thence North, along the West line of Lot A to the Northwest corner of Lot A, being on the South line of Washington Street; thence North to Southwest corner of Lot 7 in the Resubdivision of Lots 16 and 17 of Block 1 in said Adams and Brown’s Addition to Evanston; thence North, along the West line of Lots 1 to 7 in said Resubdivision, to the North line of an alley lying South of main Street; thence West, along said North line, to the Southeast corner of Lot 4 in Bayley’s Subdivision of Lots 7 and 8 in Block 1 in said Adams and Brown’s Addition to Evanston and Lots 1 to 5 in Block 2 in Adams and Brown’s Addition to Evanston; thence North, along the East line of Lots 2,3 and 4 in Block 1 of said Bayley’s Subdivision, to the Southeast corner of Lot 1 in Block 1 of Bayley’s Subdivision; thence West, along the South line of said Lot 1 and its extension, to the East line of Sherman Avenue; thence West to the Southeast corner of Lot 1 on Block 2 of said Bayley’s Subdivision; thence West, along the South line of said Lot 1, to the Southwest corner of said lot; thence North, along the West line of said Lot 1and its extension, to the North line of Main Street; thence West, along the North line of Main Street, to the East line of Maple Avenue; thence North, along the East line of Maple Avenue, to the South line of the North 60 feet of Lots 7 and 8 in George Huntoon’s Addition to Evanston in said Section 19; thence East along the South line of the North 60 feet of said Lots 7 and 8, to the East line of said Lot 8; thence North, along said East line, to the North line of said George Huntoon’s Addition to Evanston, thence East, along said North line and its extension, to the East line of Sherman Avenue; thence South, along the East line of Sherman Avenue, to the Southwest corner of Lot 20 in Foster’s Addition to South Evanston in said Section 19; thence East, along the South line of Lot 20 and its extension, to the East line of an alley East of Sherman Avenue; thence North, along said East line, to a bend in said East line; thence continuing North, long the East line of the alley, to the Northwest corner of Lot 8 in Nicholas Mersch’s Addition to South Evanston in said Section 19; thence East, along the north line of Lot 8 to the Westerly right of way line of the Chicago and Northwestern Railroad; thence Northwest, along said right of way line, to the South line and its extension of Lot 1 in The Resubdivision of lots 1 and 2 in the Resubdivision of Lot 6 and that part of Lots 1 to 5 lying East of the West 24.2 feet of Block 1 in O. Husse’s Addition to Evanston in Section 19 aforesaid; thence West along the South line of said Lot 1 and its extension to the point of beginning, all in the City of Evanston, Cook County, Illinois. 249 of 521 PIN Property Address Tax Payer Name Tax Payer Address Tax Payer City Tax Payer State Tax Payer Zip 2013 Equalized Assessed Value 11-19-213-006-0000 1000 Chicago Ave Mohammad Jamali 1000 Chicago Ave Evanston IL 60202 $112,785.08 11-19-213-007-0000 1000 Chicago Ave Connoisseur Oriental 1000 Chicago Ave Evanston IL 60202 $20,503.47 11-19-213-008-0000 944 Chicago Ave Connoisseur Oriental 1000 Chicago Ave Evanston IL 60202 $20,503.47 11-19-117-028-0000 1001 Sherman Ave Eli S. Fisher 1001 Sherman Ave Evanston IL 60202 $357,053.81 11-19-117-056-0000 942 Custer Ave Fisher Investments 1001 Sherman Ave Evanston IL 60202 $140,321.81 11-19-117-055-0000 946 Custer Ave Robert M. Fisher 1001 Sherman Ave Evanston IL 60202 $17,111.96 11-18-330-011-0000 1336 Chicago Ave Bank of America NC10010381 101 N Tryon St Charlotte NC 28255-0000 $705,068.00 11-19-105-028-0000 1034 Chicago Ave Autobarn 1012 Chicago Ave Evanston IL 60202-1324 $686,007.00 11-19-213-025-0000 1012 Chicago Ave Autobarn Motors 1012 Chicago Ave Evanston IL 60202-1324 $1,260,832.00 11-19-214-002-0000 520 Greenleaf St Autobarn Motors 1015 Chicago Ave Evanston IL 60202 $445,901.30 11-19-214-030-0000 1015 Chicago Ave Richard A. Fisher 1015 Chicago Ave Evanston IL 60202-1323 $1,336,364.00 11-19-214-005-0000 1027 Chicago Ave Richard A. Fisher 1015 Chicago Ave Evanston IL 60202-1323 $167,638.00 11-19-214-004-0000 1031 Chicago Ave Richard A. Fisher 1015 Chicago Ave Evanston IL 60202-1323 $342,852.00 11-19-214-003-0000 1033 Chicago Ave Richard A. Fisher 1015 Chicago Ave Evanston IL 60202-1323 $1,742,036.00 11-19-214-029-0000 1033 Chicago Ave Richard A. Fisher 1015 Chicago Ave Evanston IL 60202-1323 $96,810.00 11-19-214-027-0000 1011 Chicago Ave RRV Fisher Properties LLC 1015 Chicago Ave Evanston IL 60202-1323 $931,735.00 11-19-213-012-0000 928 Chicago Ave Independent Futures LLC 1015 Davis St Evanston IL 60201 $94,062.55 11-19-213-023-0000 1028 Chicago Ave Oscar Isberian 1028 Chicago Ave Evanston IL 60202 $635,280.25 11-19-213-013-0000 924 Chicago Ave 920 Chicago Ave LLC 1028 Chicago Ave Evanston IL 60202 $250,979.88 11-19-401-044-0000 809 Chicago Ave Kathy Pyle 109 Fallstone Dr Lake Forest IL 60045-3427 $161,997.00 11-19-122-025-0000 801 Main St Brian R. Esterman 1111 Hawkweed Ln Lake Forest IL 60045 $321,863.54 11-19-104-016-0000 800 Dempster St Fannie E. Mayer 1115 Fowler Ave Evanston IL 60202-1022 $120,447.00 11-19-207-001-0000 1139 Chicago Ave Barbara L. Roberts 1139 Chicago Ave Evanston IL 60202-1325 $103,367.00 11-19-200-013-0000 1201 Chicago Ave 1201 Chicago Ave Inc.1201 Chicago Ave Evanston IL 60202-1337 $168,088.00 11-19-200-012-0000 1205 Chicago Ave 1201 Chicago Ave Inc.1201 Chicago Ave Evanston IL 60202-1337 $137,777.00 11-19-200-027-0000 1207 Chicago Ave 1201 Chicago Ave Inc.1201 Chicago Ave Evanston IL 60202-1337 $83,931.00 11-19-213-027-0000 932 Chicago Ave Oscar Tatosian 122 W Kinsie St Chicago IL 60654 $34,455.53 11-19-105-040-1003 1224 Chicago Ave 1224 Pony Shop LLC 1224 Chicago Ave #103A Evanston IL 60202-1389 $165,505.00 11-19-105-040-1001 1224 Chicago Ave Dominic Mosca 1224 Chicago Ave #101 Evanston IL 60202-1389 $229,870.00 11-19-200-003-0000 1243 Chicago Ave Arlene A. Brumlik 1243 Chicago Ave Evanston IL 60202-1353 $116,922.00 11-19-105-004-0000 1240 Chicago Ave A.S. Minasian 1244 Chicago Ave Evanston IL 60202-1338 $351,730.00 11-19-105-003-0000 1244 Chicago Ave A.S. Minasian 1244 Chicago Ave Evanston IL 60202-1338 $555,389.00 11-19-121-019-0000 901 Maple Ave Cambridge Realty Cap 125 S Wacker Dr #1800 Chicago IL 60606 $5,952,268.63 11-19-303-033-0000 836 Custer Ave Twonbly Schwartz Custr 1256 W Albion Ave Chicago IL 60626 $113,628.96 11-18-330-007-0000 1310 Chicago Ave Chicago Ave LLC 1305 Wiley Rd #104 Schaumburg IL 60173-4354 $456,255.00 11-18-418-024-0000 1311 Chicago Ave Chicago Ave LLC 1305 Wiley Rd #104 Schaumburg IL 60173-4354 $468,668.00 11-18-330-006-0000 1320 Chicago Ave Chicago Ave LLC 1305 Wiley Rd #104 Schaumburg IL 60173-4354 $553,403.00 11-19-121-022-0000 906 Elmwood Ave Ashraf Manji 1310 Hinman Ave Evanston IL 60201 $337,183.91 11-19-121-021-0000 909 Main St Ashraf Samji Manji 1310 Hinman Ave Evanston IL 60201 $104,519.27 11-18-330-004-0000 1326 Chicago Ave Orrington Realty 1326 Chicago Ave Evanston IL 60201-5322 $282,372.00 11-18-418-011-0000 1301 Chicago Ave Harry Major 155 N Michigan Ave #565 Chicago IL 60601-7799 $569,934.00 11-19-401-024-0000 845 Chicago Ave OMS Evanston LLC 155 N Wacker Dr #1690 Chicago IL 60606-1774 $192,355.00 11-19-104-014-0000 806 Dempster St Mohammad Reza Ekhter 1700 Washington Ave Wilmette IL 60091-2421 $109,793.00 11-19-104-013-0000 808 Dempster St Mohammad Reza Ekhter 1700 Washington Ave Wilmette IL 60091-2421 $82,991.00 11-18-329-022-0000 1302 Sherman Ave Richard-Sheila Bower 1707 Hinman Ave Evanston IL 60201-4516 $64,133.00 250 of 521 PIN Property Address Tax Payer Name Tax Payer Address Tax Payer City Tax Payer State Tax Payer Zip 2013 Equalized Assessed Value 11-18-329-023-0000 801 Dempster St Richard-Sheila Bower 1707 Hinman Ave Evanston IL 60201-4516 $144,291.00 11-19-303-025-0000 834 Custer Ave Linda G. Jelinek 1722 Judson Ave Evanston IL 60201 $66,488.54 11-19-122-011-0000 903 Elmwood Ave Sanford Kahn 180 N LaSalle st #2025 Chicago IL 60601 $664,951.98 11-19-302-010-0000 800 Main St Linda Gump 1824 Iris Dr Palatine IL 60074 $161,772.99 11-19-122-012-0000 825 Main St Eimgate Manor 191 Waukegan Rd #S307 Northfield IL 60093 $499,116.63 11-19-104-001-0000 1233 Elmwood Ave Baum Management D.1910 First St #301 Highland Park IL 60035-3146 $559,041.00 11-19-407-001-0000 737 Chicago Ave Evanston Devco LLC 200 W Monroe St #2200 Chicago IL 60606-5070 $180,839.00 11-19-407-002-0000 737 Chicago Ave Evanston Devco LLC 200 W Monroe St #2200 Chicago IL 60606-5070 $170,838.00 11-19-407-003-0000 737 Chicago Ave Evanston Devco LLC 200 W Monroe St #2200 Chicago IL 60606-5070 $458,462.00 11-19-407-005-0000 737 Chicago Ave Evanston Devco LLC 200 W Monroe St #2200 Chicago IL 60606-5070 $458,462.00 11-19-407-021-0000 737 Chicago Ave Evanston Devco LLC 200 W Monroe St #2200 Chicago IL 60606-5070 $170,571.00 11-19-407-023-0000 737 Chicago Ave Evanston Devco LLC 200 W Monroe St #2200 Chicago IL 60606-5070 $144,219.00 11-19-407-038-0000 737 Chicago Ave Evanston Devco LLC 200 W Monroe St #2200 Chicago IL 60606 $1,160,650.48 11-19-122-024-0000 908 Sherman Ave Kass Management Services 2000 N Racine Ave #4400 Chicago IL 60614 $365,974.49 11-18-329-024-0000 1301 Elmwood Ave City of Evanston 2100 Ridge Ave Evanston IL 60201-2798 $0.00 11-18-329-025-0000 1301 Elmwood Ave City of Evanston 2100 Ridge Ave Evanston IL 60201-2798 $0.00 11-18-329-026-0000 1301 Elmwood Ave City of Evanston 2100 Ridge Ave Evanston IL 60201-2798 $0.00 11-18-329-027-0000 1301 Elmwood Ave City of Evanston 2100 Ridge Ave Evanston IL 60201-2798 $0.00 11-19-104-046-0000 2100 Ridge Ave City of Evanston 2100 Ridge Ave Evanston IL 60201-2798 $0.00 11-19-117-046-0000 2100 Ridge Ave City of Evanston 2100 Ridge Ave Evanston IL 60201-2798 $0.00 11-19-121-023-0000 2100 Ridge Ave City of Evanston 2100 Ridge Ave Evanston IL 60201-2798 $0.00 11-19-122-023-0000 2100 Ridge Ave City of Evanston 2100 Ridge Ave Evanston IL 60201-2798 $0.00 11-18-330-010-0000 609 Dempster St City of Evanston 2100 Ridge Ave Evanston IL 60201-2798 $0.00 11-19-400-006-0000 801 Custer Ave City of Evanston 2100 Ridge Ave Evanston IL 60201-2798 $0.00 11-19-105-040-1002 1224 Chicago Ave Duquet Limited 2315 Lincoln St Evanston IL 60201-2149 $137,921.00 11-19-400-005-0000 751 Chicago Ave Robert J. Lynch 2421 Pomona Ln Wilmette IL 60091 $47,952.36 11-18-329-017-0000 1310 Sherman Ave Mmichael L. Sumpf 2718 Woodland Rd Evanston IL 60201 $212,288.95 11-19-220-019-0000 511 Main St Schermerhorn & Co.2737 Central St Evanston IL 60201 $188,596.29 11-19-400-003-0000 750 Chicago Ave Steve Soble 2747 N Lincoln Ave Chicago IL 60614-1320 $14,743.00 11-19-400-004-0000 750 Chicago Ave Steve Soble 2747 N Lincoln Ave Chicago IL 60614-1320 $612,790.85 11-19-220-031-0000 Unknown US Bank N.A.2800 E Lake St Minneapolis MN 55406 $699,537.95 11-19-220-032-0000 Unknown US Bank N.A.2800 E Lake St Minneapolis MN 55406 $624,658.48 11-19-213-022-0000 936 Chicago Ave Thomas S. Georgoules 2852B W Touhy Ave Chicago IL 60645 $249,829.85 11-19-200-026-0000 1209 Chicago Ave Loja Evanston LLC 3201 Old Glenview #300 Wilmette IL 60091-2966 $67,439.00 11-19-200-025-0000 1211 Chicago Ave Loja Evanston LLC 3201 Old Glenview #300 Wilmette IL 60091 $493,121.59 11-19-200-037-0000 1233 Chicago Ave Gendell/WNB LLC 3201 Old Glenview Rd Wilmette IL 60091 $477,598.90 11-19-214-001-0000 1045 Chicago Ave Price Associates Chicago 321 N Clark St #500 Chicago IL 60654-4769 $266,250.00 11-19-401-008-0000 860 Hinman Ave Hinman IV LLC 324 W Touhy Ave Park Ridge IL 60068 $1,114,367.26 11-19-220-001-0000 949 Chicago Ave 941 Chicago Ave LLC 324 W Touhy Ave Park Ridge IL 60068-4205 $338,813.00 11-19-200-004-0000 1239 Chicago Ave Richard Johnstone 343 Landis Ln Deerfield IL 60015-3421 $327,606.00 11-19-105-001-0000 614 Dempster St Ted Mavrakis 36 Park Ln Golf IL 60029 $257,310.34 11-19-105-002-0000 606 Dempster St Badley Management 3617 W Lawrence Ave Chicago IL 60625 $260,637.96 11-18-329-010-0000 1303 Elmwood Ave Landstar Development 3700 W Devon #A Lincolnwood IL 60712-1135 $292,629.00 11-19-220-005-0000 915 Chicago Ave Women's American ORT NFP - Judith M. Rosen3701 Commercial Ave #13 Northbrook IL 60062-1835 $0.00 11-19-220-020-0000 501 Main St Andrew R. Jove 3809 N Lakewood Ave Chicago IL 60613 $503,666.15 251 of 521 PIN Property Address Tax Payer Name Tax Payer Address Tax Payer City Tax Payer State Tax Payer Zip 2013 Equalized Assessed Value 11-19-117-045-0000 905 Sherman Ave Surender Puri 381 Orchard LN Highland Park IL 60035 $284,296.02 11-19-407-036-0000 635 Chicago Ave Southpoint Plaza 401 Huehl #1A Northbrook IL 60062 $1,331,046.01 11-19-407-037-0000 635 Chicago Ave Southpoint Plaza 401 Huehl #1A Northbrook IL 60062 $1,454,026.92 11-19-220-030-0000 519 Main St Lucita Huang 4126 Case St Elmhurst NY 11373-2268 $347,391.00 11-18-330-005-0000 1316 Sherman Pl Wilfred Jacobson 4240 Dempster St Skokie IL 60076 $23,980.17 11-18-329-016-0000 1316 Sherman Ave Sheldon Grad 5214 N Western Ave Chicago IL 60625 $427,530.17 11-18-329-015-0000 1322 Sherman Ave Sheldon Grad 5214 N Western Ave Chicago IL 60625 $268,246.24 11-19-401-007-0000 805 Chicago Ave 525 Kedzie LLC 525 Kedzie St Evanston IL 60202-2047 $992,969.00 11-19-200-001-0000 516 Dempster St Ira J. Rose 530 Dempster St Evanston IL 60202 $732,244.48 11-19-500-002-0000 547 W Jackson Blvd Communter Rail Division - Regional Transportation Authority547 W Jackson Blvd Chicago IL 60661-5717 $0.00 11-18-999-001-0000 567 W Lake St C.T.A.567 W Lake St Chicago IL 60661-5717 $0.00 11-19-424-004-0000 567 W Lake St C.T.A.567 W Lake St Chicago IL 60661-1498 $0.00 11-19-424-006-0000 567 W Lake St C.T.A.567 W Lake St Chicago IL 60661-1498 $0.00 11-19-424-008-8001 567 W Lake St C.T.A.567 W Lake St Chicago IL 60661-1498 $0.00 11-19-501-006-0000 567 W Lake St C.T.A.567 W Lake St Chicago IL 60661-5717 $0.00 11-19-501-007-0000 567 W Lake St C.T.A.567 W Lake St Chicago IL 60661-5717 $0.00 11-19-501-008-0000 567 W Lake St C.T.A.567 W Lake St Chicago IL 60661-5717 $0.00 11-19-501-009-0000 567 W Lake St C.T.A.567 W Lake St Chicago IL 60661-5717 $0.00 11-19-501-010-0000 567 W Lake St C.T.A.567 W Lake St Chicago IL 60661-5717 $0.00 11-19-501-012-0000 567 W Lake St C.T.A.567 W Lake St Chicago IL 60661-5717 $0.00 11-19-501-013-0000 567 W Lake St C.T.A.567 W Lake St Chicago IL 60661-5717 $0.00 11-19-501-015-0000 567 W Lake St C.T.A.567 W Lake St Chicago IL 60661-5717 $0.00 11-19-501-016-0000 567 W Lake St C.T.A.567 W Lake St Chicago IL 60661-5717 $0.00 11-19-501-024-0000 567 W Lake St C.T.A.567 W Lake St Chicago IL 60661-5717 $0.00 11-19-501-026-0000 567 W Lake St C.T.A.567 W Lake St Chicago IL 60661-5717 $0.00 11-19-999-001-0000 567 W Lake St C.T.A.567 W Lake St Chicago IL 60661-5717 $0.00 11-30-212-016-0000 567 W Lake St C.T.A.567 W Lake St Chicago IL 60661-5717 $0.00 11-18-418-010-0000 1309 Chicago Ave 1307 09 Chicago LLC 600 W Van Buren #1000 Chicago IL 60607-3767 $290,494.00 11-19-200-002-0000 1245 Chicago Ave Blue Star Properties 600 W Van Buren #1000 Chicago IL 60607-3767 $552,639.00 11-18-330-008-0000 1308 Chicago Ave Robert Amado 603 Dempster St Evanston IL 60201-4777 $101,748.00 11-18-330-009-0000 609 Dempster St Robert Amado 603 Dempster St Evanston IL 60201-4777 $331,883.68 11-18-329-014-0000 1324 Sherman Ave Jerome R. Latin 6145 N Karlov Ave Chicago IL 60646 $309,801.58 11-18-206-003-0000 633 Clark St Northwestern University 633 Clark St Evanston IL 60208-0001 $0.00 11-19-401-019-0000 825 Chicago Ave Leffingwell Building LLC 657 Ash St Winnetka IL 60093 $410,924.01 11-19-401-020-0000 825 Chicago Ave Leffingwell Building LLC 657 Ash St Winnetka IL 60093 $525,324.98 11-19-220-004-0000 917 Chicago Ave John Morici 6915 W Hobart Ave Chicago IL 60631-3156 $218,421.00 11-19-117-050-0000 703 Main St Virag Building LLC 703 Main St Evanston IL 60202 $665,521.67 11-19-303-008-0000 706 Main St 706 Main St LLC 704 Main St 2nd Fl Evanston IL 60202 $140,092.87 11-19-117-049-0000 709 Main St T M K T Enterprises LLC 709 W Main St Evanston IL 60202 $204,342.59 11-19-303-006-0000 714 Main St Sam Chinsky Good Paint 710 Main St Evanston IL 60202 $155,764.64 11-19-117-047-0000 717 Main St Hallmark & Johnson J,E.7101 N Cicero Ave #200 Lincolnwood IL 60712 $344,102.70 11-19-303-007-0000 710 Main St Good Paint & Wallpaper 714 Main St Evanston IL 60202 $126,622.66 11-19-303-030-0000 718 Main St Vogue Fabric Inc.718 Main St Evanston IL 60202 $383,533.69 11-19-303-029-0000 722 Main St Vogue Fabric Inc.718 Main St Evanston IL 60202 $345,385.83 11-19-303-001-0000 732 Main St Vogue Fabric Inc.732 Main St Evanston IL 60202 $459,187.83 252 of 521 PIN Property Address Tax Payer Name Tax Payer Address Tax Payer City Tax Payer State Tax Payer Zip 2013 Equalized Assessed Value 11-19-401-004-0000 817 Chicago Ave Michael Lee 7601 N Eastlake Terrace Chicago IL 60626-1421 $304,802.00 11-19-307-029-0000 800 Washington St Greer & Arthur Braun 800 Custer Ave #2 Evanston IL 60202 $301,596.99 11-18-329-012-0000 1334 Sherman Ave.Dick Brune 800 Greenwood St Evanston IL 60201 $310,155.64 11-19-303-027-0000 830 Custer Ave Wesley Realty Group 802 Custer Ave Evanston IL 60202 $158,091.31 11-19-303-026-0000 832 Custer Ave Wesley Realty Group 802 Custer Ave Evanston IL 60202 $157,854.39 11-19-104-015-0000 802 Dempster St James Korologos 802 Dempster St Evanston IL 60202-1397 $100,356.00 11-18-329-011-0000 806 Greenwood St High Falls LLC 806 Greenwood St Evanston IL 60201 $329,375.98 11-18-329-021-0000 809 Dempster St Ronald J. Losczyk 809 Dempster St Evanston IL 60201-4303 $155,746.00 11-18-329-020-0000 813 Dempster St E. Hopkinson & Amerine 813 Dempster St Evanston IL 60201-4303 $77,236.00 11-19-303-010-0000 702 Main St Main & Custer LLC 814 Sheridan Rd Evanston IL 60202 $94,642.88 11-19-303-011-0000 702 Main St Main & Custer LLC 814 Sheridan Rd Evanston IL 60202 $149,647.14 11-19-303-009-0000 704 Main St Main & Custer LLC 814 Sheridan Rd Evanston IL 60202 $309,788.27 11-19-401-005-0000 815 Chicago Ave I Country Inc.815 Chicago Ave Evanston IL 60202-2357 $310,587.00 11-18-329-019-0000 815 Dempster St Martin D. Babbitt 815 Dempster St Evanston IL 60201-4303 $142,316.00 11-19-401-021-0000 831 Chicago Ave Ewh Properties LLC 831 Chicago Ave #200 Evanston IL 60202 $619,568.55 11-18-329-013-0000 1328 Sherman Ave Douglas Hoerr 850 W Jackcon Blvd #800 Chicago IL 60607 $464,253.80 11-19-424-008-8002 860 Chicago Ave City Newstand Inc.860 Chicago Ave Evanston IL 60202 $122,397.91 11-19-213-031-0000 900 Chicago Ave Esskay LLC 900 Chicago Ave Evanston IL 60202 $142,424.87 11-19-213-032-0000 900 Chicago Ave Esskay LLC 900 Chicago Ave Evanston IL 60202-1872 $427,459.00 11-19-213-033-1001 900 Chicago Ave Esskay LLC 900 Chicago Ave Evanston IL 60202 $20,540.74 11-19-213-033-1002 900 Chicago Ave #105 American Toby Jug Museum 900 Chicago Ave #105 Evanston IL 60202-4557 $0.00 11-19-117-048-0000 711 Main St Taxpayer Of 909 Foster St Evanston IL 60201 $215,704.42 11-19-117-063-0000 938 Custer Ave 912 Custer LLC 912 Custer Ave Evanston IL 60202 $670,965.66 11-19-220-006-0000 913 Chicago Ave Jeff Russell 913 Chicago Ave Evanston IL 60202-1818 $118,679.00 11-19-121-020-0000 913 Main St Lisa Thaviu 913 Main St Evanston IL 60202 $93,594.02 11-19-220-003-0000 933 Chicago Ave Hemenway United Methodist Church 933 Chicago Ave Evanston IL 60202-1818 $0.00 11-19-220-024-0000 939 Chicago Ave Shafer 939 Chicago Ave Evanston IL 60202-1818 $452,128.00 11-19-303-028-0000 709 Washington St Ellen Searles PO Box 1 Grayling MI 49738 $286,321.88 11-19-207-030-0000 1111 Chicago Ave Terry H. Upton PO Box 899 Antioch IL 60002-0899 $1,208,490.00 11-19-207-032-0000 1131 Chicago Ave Terry H. Upton PO Box 899 Antioch IL 60002-0899 $556,456.00 11-19-207-031-0000 1137 Chicago Ave Terry H. Upton PO Box 899 Antioch IL 60002-0899 $198,350.00 11-19-400-002-0000 625 Madison St Reba Place Fellowship PO Box 6575 Evanston IL 60204 $293,339.17 11-18-329-018-0000 1306 Sherman Ave Leeway Mgt 570290 PO Box 309 Wilmette IL 60091 $136,333.99 11-19-220-025-0000 935 Chicago Ave JMF P. Schatz PO Box 470595 Celebration FL 34747-0595 $160,059.00 11-19-406-015-0000 610 Chicago Ave JMF Trust P. Schatz PO Box 470595 Celebration FL 34747-0595 $3,636.00 11-19-406-016-0000 610 Chicago Ave JMF Trust P. Schatz PO Box 470595 Celebration FL 34747-0595 $8,705.00 11-19-406-017-0000 610 Chicago Ave JMF Trust P. Schatz PO Box 470595 Celebration FL 34747-0595 $5,859.00 11-19-406-018-0000 610 Chicago Ave JMF Trust P. Schatz PO Box 470595 Celebration FL 34747-0595 $4,273.00 11-19-401-022-0000 829 Chicago Ave JMF Trust P. Schatz PO Box 470595 Celebration FL 34747 $186,394.73 11-19-200-006-0000 1225 Chicago Ave Trader Joes Tax Dept PO Box 5049 Monrovia CA 91017 $531,088.42 11-19-200-036-0000 1231 Chicago Ave Trader Joes Tax Dept PO Box 5049 Monrovia CA 91017 $58,683.27 11-19-105-031-0000 1150 Chicago Ave New Albertsons LLC PO Box 990 Minneapolis MN 55440-0990 $3,695,570.00 11-19-407-024-0000 737 Chicago Ave Commonwealth Edison Co.3 Lincoln Ctr 4th Fl Oakbrook Terrace IL 00000-0000 $70,293.00 253 of 521 EXHIBIT 2 SPECIAL SERVICE AREA PROPOSED MAP 254 of 521 CHICAGO AVEDEMPSTER STELMWOOD AVEELMWOOD AVEGREENLEAF ST GREENWOOD ST HAMILTON ST HINMAN AVEHINMAN AVEKEDZIE ST KEENEY ST LEE ST LEE ST MAIN ST SHERMAN AVESHERMAN AVESHERMAN AVE255 of 521 26-O-15 ~14~ EXHIBIT 3 NOTICE OF HEARING - CITY OF EVANSTON SPECIAL SERVICE AREA NUMBER 6 NOTICE IS HEREBY GIVEN that on April 13, 2015 at 7:00p in City Council Chambers, 2100 Ridge Avenue, Evanston, Illinois 60201, a hearing will be held by the City Council of the City of Evanston to consider the establishment of a Special Service Area consisting of territory legally described as follows: Legal Description of Special Service Area Dempster/Main/Chicago Avenue, Evanston, IL. All that part of Sections 18 and 19, Township 41 North, Range 14, East of the Third Principal Meridian, being bounded and described as follows: Beginning at the Southeast corner of Lot 1 in The Resubdivision of lots 1 and 2 in the Resubdivision of Lot 6 and that part of Lots 1 to 5 lying East of the West 24.2 feet of Block 1 in O. Husse’s Addition to Evanston in Section 19 aforesaid; thence West along the South line of said Resubdivision and its extension to the East line of an alley West of Sherman Avenue; thence North, along said East line, to the South line of the North 30 feet of Lot 23 in Block 1 of said O. Husse’s Addition to Evanston; thence West, along the South line of said North 30 feet of Lot 23 to the East line of Elmwood Avenue; thence North, along said East line and its extension to the North line of Lot 10 in A. J. Brown’s Subdivision of Block 40 in Village of Evanston in Sections 13, Township 41 North, Range 13 and Sections 7, 18 and 19, Township 41 North, Range 14 east of the Third Principal Meridian; thence East, along said North line of Lot 10 to the East line of an alley East of Elmwood; Thence North, along said East line to the South line of Greenwood Street; thence West, along the South line of Greenwood street to the West line of Chicago Avenue; thence South, along the West line of Chicago Avenue to the North line and its extension of Lot A in Stewart Consolidation of Lots 12 and 13 in Block 38 in the Village of Evanston aforesaid; thence East, along the North line and its extension of said Lot A to the East line of an alley East of Chicago Avenue; thence South, along said East line to the North line of Dempster Street; thence South to the intersection of the South line of Dempster Street and the West line of an alley East of Chicago Avenue; thence South, along the West line of said alley East of Chicago Avenue to the Northeast corner of Lot 13 in Block 76 in Village of Evanston Subdivision in said Section 19; thence Southwest, along the North line of said Lot 13, a distance of 62.41 feet to a point 93 feet 11 7/8 inches from the Northwest corner of said Lot 13; thence South to a point 85 feet and 1 inch East of the Southwest corner of said Lot 13; Thence continuing South along the extension of the last described line to the South line of Hamilton Street; thence West, along the South line of Hamilton Street to the East line of Chicago Avenue; thence South along the East line of Chicago Avenue, to the North line of Lot 21 in Block 77 in said Village of Evanston; thence East, along the North line of said Lot 21 to the West line of an alley East of Chicago Avenue; thence South, along said West line of the alley and its extension, to the South line of Greenleaf Street; thence East, along said South line, to the West line of an alley East of Chicago Avenue; Thence South, along said West line and its extension, to the South line of Lee Street; thence East to the West line of an alley East of Chicago Avenue; thence South, along said West line to the extension of the North line of Lot 23 in Gibbs, Ladd and Georges Addition to Evanston in said Section 19; thence West, along the North line and its extension of said Lot 23 to the West line of Hinman Avenue; thence South, along said West line and its extension to the North line of the South 4.46 feet of Lot 23 in the Resubdivision of the 256 of 521 26-O-15 ~15~ East half of Block 11 and the West half of Block 10 in White’s Addition to Evanston in Said Section 19; Thence West, along the North line of the South 4.46 feet of said Lot 23 and its extension to the West line of an alley East of Chicago Avenue; thence South, along said West line to the North line of Kedzie Street; thence South to the intersection of the South line of Kedzie Street with the West line of an alley East of Chicago Avenue; thence South, along the West line of said alley East of Chicago Avenue to the North line of Keeney Street; thence West, along the North line of Keeney Street to the East line of Chicago Avenue; thence North, along the East line of Chicago Avenue to the North line and its extension of Madison Street; thence West, along the North line of Madison Street to the West line Custer Avenue; thence North, along the West line of Custer Avenue, to the North line and its extension of an alley North of Madison Street; thence West, along the North line and its extension, to the Southwest corner of Lot A in Plat of Consolidation of Lots 1, 2 and 3 private alley lying South of and adjoining in Owner’s Resubdivision of Lots 1, 2 and 3 in Block 6 in Adams and Brown’s Addition to Evanston in Section 19 aforesaid; thence North, along the West line of said Lot A, to the Northwest corner of Lot A; thence East, along the North line of Lot A, to a corner of Lot A; thence North, along the West line of Lot A to the Northwest corner of Lot A, being on the South line of Washington Street; thence North to Southwest corner of Lot 7 in the Resubdivision of Lots 16 and 17 of Block 1 in said Adams and Brown’s Addition to Evanston; thence North, along the West line of Lots 1 to 7 in said Resubdivision, to the North line of an alley lying South of main Street; thence West, along said North line, to the Southeast corner of Lot 4 in Bayley’s Subdivision of Lots 7 and 8 in Block 1 in said Adams and Brown’s Addition to Evanston and Lots 1 to 5 in Block 2 in Adams and Brown’s Addition to Evanston; thence North, along the East line of Lots 2,3 and 4 in Block 1 of said Bayley’s Subdivision, to the Southeast corner of Lot 1 in Block 1 of Bayley’s Subdivision; thence West, along the South line of said Lot 1 and its extension, to the East line of Sherman Avenue; thence West to the Southeast corner of Lot 1 on Block 2 of said Bayley’s Subdivision; thence West, along the South line of said Lot 1, to the Southwest corner of said lot; thence North, along the West line of said Lot 1and its extension, to the North line of Main Street; thence West, along the North line of Main Street, to the East line of Maple Avenue; thence North, along the East line of Maple Avenue, to the South line of the North 60 feet of Lots 7 and 8 in George Huntoon’s Addition to Evanston in said Section 19; thence East along the South line of the North 60 feet of said Lots 7 and 8, to the East line of said Lot 8; thence North, along said East line, to the North line of said George Huntoon’s Addition to Evanston, thence East, along said North line and its extension, to the East line of Sherman Avenue; thence South, along the East line of Sherman Avenue, to the Southwest corner of Lot 20 in Foster’s Addition to South Evanston in said Section 19; thence East, along the South line of Lot 20 and its extension, to the East line of an alley East of Sherman Avenue; thence North, along said East line, to a bend in said East line; thence continuing North, long the East line of the alley, to the Northwest corner of Lot 8 in Nicholas Mersch’s Addition to South Evanston in said Section 19; thence East, along the north line of Lot 8 to the Westerly right of way line of the Chicago and Northwestern Railroad; thence Northwest, along said right of way line, to the South line and its extension of Lot 1 in The Resubdivision of lots 1 and 2 in the Resubdivision of Lot 6 and that part of Lots 1 to 5 lying East of the West 24.2 feet of Block 1 in O. Husse’s Addition to Evanston in Section 19 aforesaid; thence West along the South line of said Lot 1 and its extension to the point of beginning, all in the City of Evanston, Cook County, Illinois. The approximate location of the proposed Special Service Area is located in the commercial corridor of Dempster Street south to Main Street and includes Chicago Avenue between the two commercial streets in the City of Evanston, Cook County, Illinois. The area comprised of commercial and mixed use properties as well as some 257 of 521 26-O-15 ~16~ residential is focused primarily on the inclusion of properties that include ground floor commercial uses. All interested persons affected by the proposed establishment of the Special Service Area will be provided with an opportunity to be heard regarding the formation of, the boundaries of, the special service area and may object to the formation of the area and the levy of taxes affecting the area. The purpose for establishing the Special Service Area is to provide a source of funds for business district activities that are proposed to include within the SSA boundaries, but are not limited to landscaping activites, installation of holiday decorations, public-way aesthetic improvements, wayfinding signage, and advertising and marketing of the business district. All the described services are unique and in addition to services generally provided by the City of Evanston. At the hearing, a tax levy for the Special Service will be considered. The proposed annual tax levy for the Special Service Area is an amount not to exceed an annual rate of .45% (percent) of the equalized assessed value of the property within the proposed Special Service Area and the tax will be levied for indefinite period of time from and after the date of the ordinance establishing the Special Service Area. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the provisions of the Property Tax Code (35 ILCS 200/1-1 et seq). The tax levies are intended to produce approximately $200,000 annually for the cost of the services described above. The City of Evanston, however, may annually levy up to the maximum rate specified in the ordinance establishing the Special Service Area for the cost of services described above as said services become necessary and are provided by the City of Evanston. The hearing may be adjourned by the City Council of the City of Evanston to another date without further notice other than a motion to be entered upon the minutes of its meeting fixing the time and place of its adjournment. If a petition objecting to the establishment of the proposed Special Service Area, the tax levy, or the imposition of a tax for the provision of special services to the proposed Special Service Area that has been signed by at least fifty-one percent (51%) of the electors residing within the proposed Special Service Area, and by at least fifty- one percent (51%) of the owners of record of the land included within the boundaries of the proposed Special Service Area, is filed with the City of Evanston City Clerk within sixty (60) days following the final adjournment of the public hearing regarding the establishment of the proposed Special Service Area, no such Special Service Area may be established nor any tax levied or imposed. Dated this DAY the day of MONTH, YEAR. __________________________ CITY CLERK 258 of 521 For City Council meeting of March 23, 2015 Item A12 Report Concerning Firearm Regulations in Multi-family Residences For Receipt and Place on File To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Michelle L. Masoncup, Deputy City Attorney Subject: Report Concerning Firearm Regulations in Multi-family Residences in the City of Evanston Date: March 16, 2015 Recommended Action: Staff recommends the following report be received and filed. Summary: Alderman Rainey made an aldermanic reference to the Law Department seeking clarity on residential landlords’ authority to prohibit firearms in multi-tenant buildings. The Illinois General Assembly adopted the Firearm Concealed Carry Act (“FCCA”), 430 ILCS 65/ et seq., and also amended the Firearms Owners Identification Card Act (“FOID”), 430 ILCS 66/ et seq. Concurrent with this report, Ordinance 6-O-15 will be introduced to amend Title 9, Chapter 8 of the Evanston City Code of 2012 to regulate the possession, carrying and discharge of firearms and handguns in the City of Evanston. This ordinance updated City Code section 9-8-2 to ensure the City’s compliance with Sections 66/10, 66/65, and 66/90 of the FCCA. FCCA includes several provisions that directly affect non-residential building owners, landlords, tenants and property managers, by specifically providing these parties with the authority to prohibit persons from entering their property with a concealed firearm. In order to exercise this right, building owners “must post a sign…indicating that firearms are prohibited on the property” and must be in conspicuous locations. In contrast, FCCA does not provide the same prohibition for private residential property owners, landlords, or property managers with multi-tenant buildings. Therefore, the question presented is well taken and an open area of law in Illinois. Future litigation will answer the question presented or the General Assembly will amend FCCA to address the issue. Memorandum 259 of 521 For City Council meeting of March 23, 2015 Item A13 Ordinance 6-O-15: Amending Firearm Regulations For Action To: Honorable Mayor and Members of the City Council City Manager Walter Bobkiewicz From: W. Grant Farrar, Corporation Counsel Michelle L. Masoncup, Deputy City Attorney Subject: Ordinance 6-O-15, an ordinance to amend firearm regulations in the City of Evanston Date: March 16, 2015 Recommended Action: Staff recommends adoption of Ordinance 6-O-15 to amend firearm regulations consistent with state and federal law. This ordinance was introduced at the March 9, 2015 City Council meeting. Summary: Ordinance 6-O-15 amends Title 9, Chapter 8 of the Evanston City Code of 2012 to regulate the possession, carrying and discharge of firearms and handguns in the City of Evanston. It also regulates firearms dealers by permitting them to only operate in licensed firearms ranges. This ordinance maintains in place and does not change, at all, the City’s lawful ban on assault weapons. The Illinois General Assembly adopted the Firearm Concealed Carry Act (“FCCA”), 430 ILCS 65/ et seq., and also amended the Firearms Owners Identification Card Act (“FOID”), 430 ILCS 66/ et seq. Both statutes, as amended by Public Act 98-0063, explicitly pre-empt City of Evanston home rule regulation or licensing of handguns and ammunition for handguns. The City is compliant with state statutes regarding these subjects, however, it is proper for the City to amend its City Code to effect alignment with state statutes. The City prudently followed all state law requirements as the regulatory framework for the implementation of the FCCA took shape over the past year. Possession and Carrying The ordinance updates Code definitions to align with state statutory definitions of “concealed firearms”, “licensee”, and “firearm”. Additive language is identified with underlineation. The updated section 9-8-2 in the ordinance comports with Sections 66/10, 66/65, and 66/90 of the FCCA. Possession and carrying of firearms or handguns is permitted by persons who comply with the FCCA and possess a valid FOID card. Memorandum 260 of 521 Firearm Dealers at Licensed Ranges Numerous recent US Supreme Court decisions and cases decided in the U.S. Northern District Court for Illinois opined regarding constitutionally permissible regulations for sale and discharge of firearms. The decisions make clear that regulating firearm dealers in conjunction with firearms ranges are rationally based and proper exercises of municipal regulation. The proposed ordinance mandates that dealers may only be located within a licensed firearms range. On March 9, 2015, City Council directed City staff to increase the distance of the proposed allowable locations for a firearms range from 250’ to 500’ between the firearms range lot and any R1, R2, R3 district, as well as expand the distance from 250’ to 500’ from any school, child daycare facility, or public park. Staff provides for your review (1) a revised theoretical map outlining the originally proposed 250’ buffer in pink the City Council recommended 500’ buffer in blue; and (2) an additional map is provided which contains an overlay of the lot lines delineated to give clarification and context to the map and theoretical locations if a special use permit were granted. Evanston has many residential zones, day care facilities, schools, and public parks scattered throughout the entire concentrated urban community. The Council’s requested revision from 250’ to 500’ is not the recommended course of action given the practical application of the regulation to the Evanston community, as outlined on the attached map. In Ezell, the Court cautioned the City of Chicago that “[a]lthough the amount of acreage available, standing alone, is largely irrelevant, zoning schemes must provide a ‘reasonable opportunity’ to conduct the protected activity.” Rhonda Ezell et al. v. City of Chicago 10 C 5135, at *15 (N.D. Ill. Sept. 29, 2014), North Ave. Novelties, Inc. v. City of Chicago, 88 F.3d 441, 445 (7th Cir. 1996). Increasing the distance restriction from 250’ to 500’, taken together with the attached map with the delineated lot lines, does not provide for a reasonable opportunity to conduct the protected Second Amendment right; however, the 250’ restriction does allow for the aforementioned protected activity in over 22 available lots where a special use may be obtained. Lastly, Alderman Holmes inquired into the distance requirement for sale of tobacco under the City Code. Section 3-14-6 states that tobacco or liquid nicotine products cannot be sold within 150 feet as measured from lot line to lot line of any high school, middle school or elementary school except for the Park School and Rice Children's Center of the Evanston/Skokie School District 65 Special Schools and Centers. Please note that no range may be operated unless it is first approved as a special use. Residential districts, schools, parks and daycares are sensitive places and implicate important concerns relative to placement of an adjacent firearms range. The FCCA currently prohibits the carrying of handguns or concealed firearms in schools, government buildings, and parks if the prohibition is sign posted. The space requirements, noise levels, and parking requirements attendant to firearms ranges present unique logistical concerns. Furthermore, firearms ranges implicate standard concerns impacting the City of Evanston’s comprehensive plan and other competing priorities, such as livability and economic development. The City needs to enact regulations on the issue presented, however it should be noted that the demand 261 of 521 may be low for a firearms range in Evanston given the availability of current facilities in the surrounding area. The following communities have an existing firearms range or a special use permit has been granted: Niles (6143 Howard Street, Niles; special use permit granted), Chicago (1730 W. Carroll, existing northside location), and Des Plaines (75 Bradock Drive, existing range). The attached map depicts the theoretical areas that a firearms dealer and/or range could be located. At the present time, no firearms range would qualify to be located within the City of Evanston based upon current zoning since any possible location is currently filled with existing businesses and/or approved uses. For example, the area along Emerson Street contains ComEd utilities. The areas in the Oakton, Dempster, and Greenleaf Street locations are at capacity with existing Evanston businesses. Additionally, certain of the possible areas are likely too narrow or small to accommodate the type of intensive use presented by a firearms range. Zoning regulations are subject to amendment and revision which may align with future expressed City Council priorities. The preparation of the map is for illustrative purposes only. It shall not be considered a statement of policy supporting the application for, or location of, a firearms range in the City. Neither the map nor this Ordinance confers a vested right or expectancy interest upon any prospective person or entity who may wish to apply for a special use relative to such firearms range in the future. None of the proposed ordinance revisions expand laws regulating possession and carrying beyond what is specifically permitted by Illinois law, and to which the General Assembly expressly stated pre-empted the City’s home rule authority. This ordinance complies with current trends in Illinois and federal law. Legislative History: Public Act 98-0063 is a state of Illinois law which created the FCCA and substantively revised the FOID Act. Staff worked with Police Chief Eddington in order to consider and evaluate the complex technical issues implicated by this ordinance. Alternatives: n/a ------------------------------------------------------------------------------------- Attachments: Ordinance 6-O-15 City GIS Map showing theoretical areas in which a firearms range could locate at distances of 250’ (pink shaded area) and 500’ (blue shaded area) only if: • existing location was vacant and not occupied by another business/use; and • City Council approved range as a special use 262 of 521 3/12/2015 1/2/2015 6-O-15 AN ORDINANCE Amending the Text of Title 9, Chapter 8, Weapons 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 passage of this Ordinance, the City of Evanston determined that there is a need to revise firearm regulations following recent court rulings concerning Second Amendment rights and new legislative action in the State of Illinois. The Firearm Concealed Carry Act, Public Act 98-63 (“the Act”), effected significant changes to firearm regulations. The City Council of the City of Evanston specifically notes its disagreement with the language and effect of the home rule preemption provisions set forth in that Act. While this state law concerning the licensing, possession and registration of firearms indicates that it is the exclusive domain of the State, the City still retains constitutional powers to regulate the location of firearm sales. The City is always concerned for the safety and welfare of its residents, and is cognizant of recent court rulings concerning Second Amendment rights, as well as the new legislative action in the State of Illinois. This ordinance enactment compliments the City’s ongoing compliance with the Act, following the Act’s adoption in 2013. Article VII, Section (6)a of the Illinois Constitution of 1970 states that, “a home rule unit may exercise any power and perform any function pertaining to its government 263 of 521 6-O-15 ~2~ and affairs including, but not limited to, the power… to license.” As a home rule unit, the City of Evanston’s powers shall be construed liberally. Scadron v. City of Des Plaines, 153 Ill.2d 164 (1992). This ordinance is presumed constitutional and the burden of rebutting that strong presumption is on the party challenging the validity of the statute to clearly demonstrate a constitutional violation. Napleton v. Village of Hinsdale, 229 Ill.2d 296, 306 (2008). It is well-settled law in Illinois that the legislative judgment of the City Council must be considered presumptively valid. Glenview State Bank v. Village of Deerfield, 213 Ill.App.3d 747, (2nd Dist. 1991). A court has a duty to uphold the constitutionality of a statute/ordinance when reasonably possible, and if a statute’s/ordinance’s construction is doubtful, the court will resolve the doubt in favor the statute’s/ordinance’s validity. Id. citing to People ex rel. Sherman v. Cryns, 203 Ill.2d 264, 291 (2003). The City Council and City staff reviewed and considered comparable ordinances from similarly situated jurisdictions regarding firearm regulations, as well as relevant court precedent. The City Council finds that that there is a compelling governmental interest in implementing reasonable regulations on firearms in the City under this Ordinance to promote the health, safety, and welfare of City residents and visitors alike. These regulations comply with the Act and recent court rulings. The Local Government Committee to the delegates of the Sixth Illinois Constitutional Convention found that, home-rule powers are most urgently needed by larger municipalities in the more highly urbanized areas of the state. Although the problems of urban society affect many small localities, they are felt most intensely in larger cities and villages. Dense concentrations of population and industry call for the creative use of flexible governmental powers to achieve and 264 of 521 6-O-15 ~3~ maintain order, social justice and a satisfactory quality of life. (7 Record of Proceedings, Sixth Illinois Constitutional Convention, 1628-29); The Supreme Court of Illinois held that, [t]he City of Evanston is a densely populated and highly urbanized municipality… In accordance with the goals attempted to be achieved by the creation of home rule, the local governing body can create an ordinance specifically suited for the unique needs of its residents and is keenly and uniquely aware of the needs of the community it serves… (City of Evanston v. Create, Inc., 85 Ill.2d 101, 113-15); and The United States Supreme Court in District of Columbia v. Heller found that the right secured by the Second Amendment of the United States Constitution is not unlimited. The modest burdens in this Ordinance, as an exercise of home rule authority, do not effectively disarm individuals or substantially affect their ability to defend themselves, and thus it is lawful under the intermediate scrutiny standard. Heller v. District of Columbia (“Heller II”), 670 F.3d 1244 (U.S. App DC 2011). The regulations on firearm sales and firearm ranges are constitutional under Heller II, as well as recent federal court decisions issued in the Northern District of Illinois in case nos. 10 C 5135 and 10 C 04184. The regulations regarding acquisition, use, and firing of firearms adjacent to sensitive places such as schools, places of worship, daycare facilities, or residential zoning districts within the City, are constitutionally proper. Limiting sales of firearms to firearm ranges creates an inextricable link between the acquisition of a firearm, and the training necessary to ensure it is handled and used safely. Simply put, this ordinance codifies that the purchase of a firearm should be linked to responsible firearm training and safety, and enhances the welfare of the City. Lastly, space requirements, noise levels, parking impacts, and City wide planning concerns are legitimate impacts to consider, such impacts which are considered for all proposed special uses in the City. 265 of 521 6-O-15 ~4~ The City Council held meetings in compliance with the provisions of the Illinois Open Meetings Act, considered the, statements, points and authorities made in the legislative Record, and received additional input from the public. SECTION 2: Title 9, Chapter 8 of the Evanston City Code of 2012, as amended, is hereby amended to read as follows: Title 9, Chapter 8 - WEAPONS 9-8-1. - DEFINITIONS. AMMUNITION: Any self-contained cartridge or shotgun shell, by whatever name known, which is designed to be used or adaptable to use in a firearm; excluding, however: (A) Any ammunition exclusively designed for use with a device used exclusively for signaling or safety and required by the United States Coast Guard or the Interstate Commerce Commission; or (B) Any ammunition designed exclusively for use with a stud or rivet driver or other similar industrial ammunition. (C) Any blank ammunition specifically designed to simulate gunfire without expelling a projectile where used for sporting or theatrical events. ANTIQUE HANDGUN: (A) Any handgun (including any handgun with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured on or before 1898; and (B) Any replica of any handgun described in Subsection (A) of this definition if such replica is not designed or redesigned for using ammunition. ASSAULT WEAPON: (A) A semiautomatic rifle shall mean and include a rifle with a detachable or fixed magazine with a capacity of fifteen (15) or more rounds. (B) A semiautomatic handgun shall mean and include a handgun with a detachable magazine and has one (1) or more of the 266 of 521 6-O-15 ~5~ following: (1) Any feature capable of functioning as a protruding grip that can be held by the non-trigger hand; (2) A folding, telescoping or thumbhole stock; (3) A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel; or (4) The capacity to accept a detachable magazine at some location outside of the pistol grip. (C) A semiautomatic shotgun with a detachable magazine with a capacity of six (6) or more rounds. (D) Any shotgun with a revolving cylinder. (E) Firearms which have been modified to be operable as an assault weapon as defined herein. (F) Short barreled rifles with a barrel length of less than 16 inches. "Assault weapon" does not include any firearm that has been made permanently inoperable, is manually operated by bolt, pump, lever, or slide action, any muzzle-loading rifle, muzzle-loading shotgun, or muzzle-loading pistol which is designed to use black powder or a black powder substitute and which cannot use fixed ammunition, or satisfies the definition of "antique firearm," as defined in this Section. CONCEALED FIREARM Any loaded or unloaded handgun carried on or about a person completely or mostly concealed from view of the public or on or about a person within a vehicle. CURIO OR RELIC HANDGUNS: Any handgun which, as defined by 18 USC 921, as amended, by reason of its date of manufacture, value, design and/or other characteristics is primarily a collector’s item and is not likely to be used as a weapon. 267 of 521 6-O-15 ~6~ DETACHABLE MAGAZINE: Any ammunition feeding device, box, clip or drum, the function of which is to deliver one or more ammunition cartridges into the firing chamber, which can be removed from the firearm without the use of any tool, including a bullet or ammunition cartridge. FIREARM: Any device, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas; excluding, however: (A) Any pneumatic gun, spring gun, paintball gun, or BB gun which expels a single globular projectile not exceeding 0.18 inches in diameter which has a maximum muzzle velocity of less than seven hundred feet (700'’) per second or breakable paintballs containing washable marking colors. (B) Any device used exclusively for signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission. (C) Any device used exclusively for the firing of stud cartridges, explosive rivets or similar industrial ammunition. (D) An antique firearm (other than a machine gun) which, although designed as a weapon, the Illinois State Police finds by reason of the date of its manufacture, value, design and other characteristics is primarily a collector’s item and is not likely to be used as a weapon. (E) Model rockets designed to propel a model vehicle in a vertical position. (F) Any stun gun or taser. FIREARM DEALER: Any person engaged in the business of sale or other transfer of firearms, handguns or ammunition at wholesale or retail including any person who is a pawnbroker. HANDGUN: Any firearm which: a) is designed or redesigned or made or remade, and intended to be fired while held in one (1) hand; or b) having a barrel of less than ten (10) inches in length; or c) a firearm of a size which may be concealed upon the person . LICENSED FIREARM Any person licensed as a collector by the Secretary of the Treasury of the United States under and by virtue of Title 18, United States 268 of 521 6-O-15 ~7~ COLLECTOR: Code, Section 923. LICENSEE A person issued a license to carry a concealed firearm under the Illinois Firearm Concealed Carry Act, 430 ILCS 66/, et seq., as amended. MUZZLE BRAKE: A device attached to the muzzle of a weapon that utilizes escaping gas to reduce recoil. MUZZLE COMPENSATOR: A device attached to the muzzle of a weapon that utilizes escaping gas to control muzzle movement. PEACE OFFICER: Any person who by virtue of his/her office or public employment is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses. PERSON: Any individual, corporation, company, association, firm, partnership, club, society, organization, or joint stock company. RIFLE: A firearm designed, made or retrofitted (1) to be fired from the shoulder or hip; and (2) uses the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger and shall include any such weapon which may be readily assembled, altered or restored to fire a fixed cartridge. SALE OR OTHER TRANSFER: Any sale, gift, exchange, loan, rental or other transfer of firearms, handguns or ammunition but not including any of the following: (A) Acquisition of a handgun or ammunition or both as the executor, administrator or other legal representative of a decedent's estate; or (B) Transfer of a handgun or ammunition or both by bequest or intestate succession; or (C) Acquisition or transfer of a handgun or ammunition or both by a trustee in bankruptcy in the administration of a bankrupt's estate; or (D) Return of a handgun or ammunition or both to a person, firm or corporation from whom it was received; or (E) Transfer of a handgun or ammunition or both where it is 269 of 521 6-O-15 ~8~ required by or in accordance with a judgment or decree of any court of lawful jurisdiction; or (F) Transfer of a handgun or ammunition or both to any federal, state or local government, or any department, agency, bureau, institution or commission thereof; or (G) Transfer of a handgun or ammunition or both to a private museum, society, institution or other private organization which customarily acquires and holds handguns or ammunition as curios and relics or for scientific or research purposes; or to theatrical organizations providing a regular performance schedule to the public and utilizing said handguns or ammunition only pursuant to Subsection 9-8-4(B)1. of this Chapter. SEMI- AUTOMATIC: A firearm which fires a single projectile for each single pull of the trigger which automatically inserts the next round for firing into the firearm chamber using a magazine. SHOTGUN: A firearm designed, made or retrofitted (1) to be fired from the shoulder or hip; and (2) uses the energy of the explosive in a fixed shotgun shell to fire a number of projectiles or a single projectile for each pull of the trigger and shall include any such weapon which may be readily assembled, altered or restored to fire a fixed shotgun shell. 9-8-2. -– POSSESSION CARRYING FIREARM OR HANDGUN; POSSESSION. (A) No person shall possess, in the City of Evanston carry on or about their person any handgun or firearm unless they are in compliance with all State statutes and requirements. Persons who carry concealed firearms shall comply with the Illinois Firearm Concealed Carry Act, 430 ILCS 66/, et seq., as amended, and possess , except when said handgun is kept at the residence of said person for self-protection, provided that said person possesses a current and valid firearm owner's identification card issued by the State of Illinois. (B) Persons who do not possess a valid Illinois Firearm Concealed Carry Act license No person shall not possess any firearm or handgun in the City of Evanston if: (1) He or she is under eighteen (18) years of age and said handgun is of a size which may be concealed upon the person; or (2) He or she is under twenty-one (21) years of age and has been convicted of a felony or a misdemeanor other than a minor traffic offense or adjudged delinquent for a misdemeanor or felony; or 270 of 521 6-O-15 ~9~ (3) He or she is addicted to, or habitually uses, a controlled substance; or (4) He or she has been a voluntary or involuntary patient in a psychiatric facility within the past five (5) years; or (5) He or she has been diagnosed with a mental illness or condition and, as a result of that illness or condition, may be prone to display aggressive, dangerous, or threatening behavior, or as a result of that illness or condition is unable to appreciate the responsibility inherent in handgun possession or. (6) Does not have within his or her possession a valid Illinois Firearm Owner’s Identification Card. 9-8-3. - FIREARM DEALERS ONLY PERMITTED AT LICENSED FIREARMS RANGE PROHIBITED. No person, firm or corporation shall engage in the business of a dealer in firearms or handguns or ammunition in the City, including exchange, loan, rental or other transfer for consideration, unless such dealer is located within a licensed firearms range. No such licensed firearms range shall be located in any district but an I1, I2, or I3 zoning district. Any such range shall only be licensed as a special use and shall not be located within 250 feet of any R1, R2, R3 district, or within 250 feet of any school, child daycare facility, or public park, as measured from lot line to lot line. This subsection shall not apply to the sale, exchange, or transfer of firearms, handguns, or ammunition by and between City of Evanston peace officers. 9-8-4. - DISCHARGE OF FIREARMS. (A) No person shall fire or discharge without legal justification under the laws of the State of Illinois any handgun, firearm, or antique firearms within the corporate limits of the City, unless within a licensed firearms range or firearms range operated by the City of Evanston Police Department. (B) Exempt from Subsection (A) of this Section are: 1. Members of established theater organizations located in Evanston and performing a regular performance schedule to the public who utilize firearms only during rehearsals, classes or performances with only blank firearms or ammunition pursuant to Subsection 9-8-5(A)12. of this Chapter. 2. Members of established film production organizations having prior written approval from the City Manager or his/her designee to conduct their activities in the City, during the period of such approval pursuant to Subsection 9-8-5(A)13. of this Chapter. 3. Persons utilizing a "starter" handgun solely capable of firing blank ammunition during an athletic event sponsored by a publicly or privately 271 of 521 6-O-15 ~10~ owned educational institution located in Evanston pursuant to Subsection 9-8-5(A)14. of this Chapter. 9-8-5. - GENERAL EXEMPTIONS. (A) Subsection 9-8-2(A) of this Chapter shall not apply to or affect the following: 1. Peace officers. 2. Persons, who in the performance of their official duties as defined by Illinois or federal law or Evanston ordinances are required to carry handguns. 3. Retired peace officers in compliance with the requirements of the "Law Enforcement Officers Safety Act" of 2004, 18 USC 926(c), as amended. 4. Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense. 5. Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, while in the performance of their official duties. 6. Any person summoned by any peace officer to assist in making arrests or preserving the peace while that person is actually engaged in assisting such officer and if such handgun was provided by the peace officer or was otherwise legally possessed under this Chapter. 7. Special agents employed by a railroad or a public utility to perform police functions; guards of armored car companies, watchmen while actually engaged in the performance of their duties of employment and security guards actually and regularly employed in commercial or industrial operation for the protection of persons employed and private property related to such commercial or industrial operation, provided said security guards are in compliance with 720 ILCS 5/24-2(a)(6), as amended, relating to registration, training, and other requirements imposed by the Illinois Department of Professional Regulation, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment. 8. Agents and investigators of the Illinois Legislative Investigating Commission authorized by the Commission to carry handguns. 9. Gun collectors, licensed by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, within the confines of their permanent residence. 10. A person who possesses an antique handgun within the confines of their permanent residence. 11. Transportation of firearms or handguns that: i. Are broken down in a nonfunctioning state; or ii. Are not immediately accessible; or 272 of 521 6-O-15 ~11~ iii. Are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card. 12. An established theater, provided it maintains possession and control of handguns in a safe place, under control of the designated armorer, at all times when they are not being used for rehearsals, performances, or class purposes on the theater premises; and members of theatrical casts and crews while such persons are using said handgun on the theater premises. 13. An established film production organization, provided it has prior written approval from the City Manager or his/her designee to conduct its activities in the City, and provided that the use of the handgun was disclosed in the request for approval, and is used in accordance with any requirements imposed in the approval including, but not limited to, maintaining possession and control in a safe place under control of the designated armorer at all times when not in use for rehearsals or filming. 14. Persons utilizing a "starter" handgun solely capable of firing blank ammunition during an athletic event sponsored by a publicly- or privately-owned educational institution located in Evanston. 15. Persons who qualify for exceptions under the Illinois Firearm Owner’s Identification Card Act that are not otherwise specified herein. (B) To qualify for the exemptions of Subsections (A)9., (A)10., (A)12., and (A)13. of this Section, persons so defined shall be registered with, and approved by, the Evanston Police Department. 9-8-6. - PENALTY. (A) Any person violating Section 9-8-2 of this Chapter shall be guilty of a misdemeanor and shall be fined not less than one thousand five hundred dollars ($1,500.00) and/or incarcerated for up to six (6) months for each offense. (B) Upon a finding of a violation of Section 9-8-2 of this Chapter, any handgun seized shall be confiscated by the trial court and when no longer needed for evidentiary purposes, the court shall transfer such handgun to the City Police Department who shall destroy it. them. (C) Any person violating any provision of this Chapter for which a penalty is not provided for shall be fined seven hundred fifty dollars ($750.00). 9-8-7. - VOLUNTARY DELIVERY TO POLICE DEPARTMENT. 273 of 521 6-O-15 ~12~ (A) If a person voluntarily and personally delivers and abandons to the Evanston Police Department any handgun, such delivery shall preclude the arrest and prosecution of such person on a charge of violating any provision of this Chapter with respect to the handgun voluntarily delivered. Delivery under this Section shall be made by summoning a police officer. Every handgun to be delivered and abandoned to the police department under this Subsection shall be unloaded and in open view. No person who delivers and abandons a handgun under this Section shall be required to furnish identification, photographs or fingerprints. No amount of money shall be paid for any handgun delivered or abandoned under this Subsection. (B) Whenever any handgun is surrendered under this Section, the Police Department shall determine whether such handgun is needed as evidence or warrants further investigation and if the same is not needed as evidence, it shall be destroyed. 9-8-8. - GUN BUY BACK PROGRAM. Notwithstanding anything to the contrary in this Chapter or this Code, the Police Department may conduct a "gun buy back program" pursuant to authorization of the City Council whereby, in exchange for appropriate consideration, persons may voluntarily surrender any handgun. A person voluntarily delivering and abandoning a handgun to the Evanston Police Department pursuant to a gun buy back program authorized by the City Council shall deliver the handguns in the manner provided for in Subsection 9-8-7(A) of this Chapter and shall be afforded the protections provided for therein. 9-8-9. - DISPOSITION OF HANDGUNS. (A) All handguns ordered confiscated by the court under the provisions of Subsection 9-8-6(B) of this Chapter and all handguns received by the Evanston Police Department under and by virtue of Subsection 9-8-7(A) and Section 9-8-8 of this Chapter, shall be held and identified as to owner, where possible, by the Evanston Police Department, for a minimum of two (2) years prior to their being destroyed. 9-8-10. - CONSTRUCTION. Nothing in this Chapter shall be construed or applied to necessarily require or excuse noncompliance with any provision of the laws of the State of Illinois or to the laws of the United States. This Chapter and the penalties prescribed for violation hereof, shall not supersede, but shall supplement all statutes of the State of Illinois or of the United States in which similar conduct may be prohibited or regulated. 9-8-11. - RULES AND REGULATIONS. 274 of 521 6-O-15 ~13~ The Evanston Chief of Police shall have the authority to promulgate rules, procedures, and regulations to enforce the provisions of this Chapter. 9-8-12. - FEES. The Evanston Police Department shall assess a processing fee of fifty dollars ($50.00) for each exemption application. 9-8-13. - SEVERABILITY. If any provision of this Chapter or the application thereof to any person or circumstance is held invalid, the remainder of this Chapter and the applicability of such provision to any other persons not similarly situated or to other circumstances shall not be affected thereby. 9-8-14. - ASSAULT WEAPONS; SALE AND POSSESSION PROHIBITED; EXCEPTIONS. (A) No person, in the City of Evanston, shall sell, offer or display for sale, give, lend, transfer ownership of, own, possess or carry any assault weapon. This subsection shall not apply to: (1) The sale or transfer to, or possession by any peace officer, corrections officer, members of the armed forces of the United States; or the organized militia of this or any other state; to the extent that any such person is otherwise authorized to acquire or possess an assault weapon, and is acting within the scope of his/her duties; (2) A gun collector, within the confines of his/her permanent residence, who pursuant to Title I of the Gun Control Act of 1968 and all regulations issued thereunder, is the holder of a nontransferable license by the U.S. Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives. (3) Transportation of assault weapons if such weapons are broken down and in a nonfunctioning state and are not immediately accessible to any person. (B) Any person violating this Section shall be guilty of a misdemeanor and shall be fined not less than one thousand five hundred dollars ($1,500.00) and/or incarcerated for up to six (6) months for each offense. 9-8-15. - CONFISCATION AND DISPOSITION OF ASSAULT WEAPONS. (A) Any assault weapon possessed, sold or transferred in violation of Section 9-8- 14 is hereby declared to be contraband and shall be seized and disposed of. Whenever any assault weapon is surrendered or confiscated pursuant to this Section, the Evanston Police Department shall determine whether such 275 of 521 6-O-15 ~14~ assault weapon is needed as evidence or warrants further investigation and if the same is not needed as evidence, it shall be destroyed. (B) A record of the date and method of destruction [of] the assault weapon so destroyed shall be maintained. 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. Introduced:_________________, 2015 Adopted:___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 276 of 521 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 RO SLY N PL 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 NORTHWESTERNPL700 400 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 17003500260017001800900190090021002300210040038003700T he ore tical Are as (500') T he ore tical Are as (250') Main R oad Local Stre e t R ailroad Wate r City Bound ary 0 0.5 10.25 Mile 1:31,680 1 inch = 0.5 m ile City GIS Map showing the ore tical are as which a fire arm s range could locate only if: • e xisting location was vacant and not occupie d by anothe r busine ss/use ; and • City Council approve d range as a spe cial use 3/12/2015 T his m ap is provid e d "as is" without warrantie s of any kind . Se e www.city ofe vanston.org/m apd isclaim e rs.htm l for m ore inform ation. Fire arm sR ange T he ore ticalAre as.m xd ´ 277 of 521 NORTH SHORE CHANNELNORTH SHORE CHANNELTax Parce l The o re tical Are as (500') The o re tical Are as (250') Wate r City Bo u n dary 0 0.5 10.25 Mile City GIS Map sho win g the o re tical are as which a fire arm s ran ge co u ld lo cate o n ly if: • e xistin g lo catio n was v acan t an d n o t o ccu pie d by an o the r bu sin e ss/u se ; an d • City Co u n cil appro v e d ran ge as a spe cial u se 3/12/2015 This m ap is pro v ide d "as is" witho u t warran tie s o f an y kin d. Se e www.cityo fe v an sto n .o rg /m apdisclaim e rs.htm l fo r m o re in fo rm atio n . Fire arm sRan g e The o re ticalAre asZo o m .m xd ´ 278 of 521 For City Council meeting of March 23, 2015 Item A14 Ordinance 35-O-15: Regulations of Leaf Blowers For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Ordinance 35-O-15, Amending Title 9, Chapter 5, Regarding Regulations of Leaf Blowers Date: March 9, 2015 Recommended Action: City staff recommends City Council adoption of Ordinance 35-O-15 to revise regulations regarding use of leaf blowers in the City of Evanston. This ordinance was introduced at the March 9, 2015 City Council meeting. Summary: Section 1 of the ordinance is clean up language for Section 9-5-20 of the City Code, and seeks to clarify outdated language in one paragraph. Section 2 of the ordinance is reoriented in table format to read better, and provides for the allowable times of use of leafblowers. The proposed revision states: 4. Leaf Blowers: A person may use any backpack mounted or handheld gasoline powered leaf blower type of machine only during the following days of each year: March 30 to May 15; and September 30 to the first Thursday of December. A person may use any backpack mounted or handheld gasoline powered leaf blower type of machine on those days only during the following times: Monday through Friday 7:00 A.M to 9:00 P.M. Weekends or Holidays 9:00 A.M. to 5:00 P.M. Memorandum 279 of 521 Any person who uses a leaf blower or any person who permits the private or commercial use of a leaf blower on their property during restricted days or times, shall be fined one hundred dollars ($100.00). The December date for cessation of leafblower use is timed to more accurately coincide with the closure of compost facilities. Legislative History: The City Council considered similar ordinances in 2010 and 2011. Those ordinances were much broader in scope, and sought to establish a licensing and permitting process for leafblower use. Attachments: Ordinance 35-O-15 Page 2 of 2 280 of 521 2/28/15 35-O-15 AN ORDINANCE Amending Title 9, Chapter 5, Regarding Regulations of Leaf Blowers NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Title 9, Chapter 5, of the Evanston City Code of 2012, as amended, is hereby further amended and revised to read as follows: 9-5-20. NOISES PROHIBITED NOISE. It shall be unlawful for any person within the City to make, continue, or cause to be made or continued, or permit any loud, unnecessary or unusual noise which either annoys a reasonable person of ordinary sensibilities, disturbs, injuries injures or endangers the comfort, repose, convenience, health, peace or safety of others within the limits of the City. Noise in violation of this Section is a public nuisance. The following acts, among others, are declared to be loud, disturbing and unnecessary noise in violation of this Section, however, this shall not be construed to exclude other noise violating this Section. This enumeration shall not be deemed to be exclusive, namely: SECTION 2: That Subsection 9-5-20(D)4 of the Evanston City Code of 2012, is deleted in its entirety, and amended and replaced to read as follows: 4. Leaf Blowers: A person may use any backpack mounted or handheld gasoline powered leaf blower type of machine only during the following days of each year: March 30 to May 15; and September 30 to the first Thursday of December. A person may use any backpack mounted or handheld gasoline powered leaf blower type of machine on those days only during the following times: Monday through Friday 7:00 A.M to 9:00 P.M. Weekends or Holidays 9:00 A.M. to 5:00 P.M. 281 of 521 35-O-15 ~2~ Any person who uses a leaf blower or any person who permits the private or commercial use of a leaf blower on their property during restricted days or times, shall be fined one hundred dollars ($100.00). SECTION 3: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 6: 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 282 of 521 For City Council meeting of March 23, 2015 Item A15 Ordinance 31-O-15: Hazardous Material Cost Recovery Program For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Greg Klaiber, Fire Chief Subject: Ordinance 31-O-15, an ordinance to amend the hazardous material cost recovery program in the City of Evanston Date: March 9, 2015 Recommended Action: Staff recommends adoption of Ordinance 31-O-15 to amend the hazardous material cost recovery program to reflect current and updated costs of providing emergency services in certain situations. This ordinance was introduced at the March 9, 2015 City Council meeting. Summary: Ordinance 31-O-15 amends Title 9, Chapters 12 and 13 of the Evanston City Code of 2012 to regulate the costs imposed on responsible parties that create emergency situations in which the City of Evanston must respond and utilize substantial City resources. During emergency situations, the City of Evanston dispatches vehicles, equipment and personnel to respond to emergency matters. The City is always concerned for the safety and welfare of its residents, and seeks to prudently recover taxpayer monies incurred in large incidents. Therefore, updating portions of the City of Evanston Municipal Code that speak to Hazardous Materials Cost Recovery to reflect updated, current costs would be beneficial to the City of Evanston and its taxpayer. City staff reviewed and considered comparable ordinances from similarly situated jurisdictions regarding reimbursement of emergency response costs. This Ordinance: • Defines “responsible party” as someone who: o Owns or has custody of hazardous material that is involved in an incident requiring emergency action by an emergency response agency; or o Owns or has custody of bulk or non-bulk packaging or a transport vehicle that contains hazardous material that is involved in an incident requiring emergency action by an emergency response agency; and Memorandum 283 of 521 o Whose negligent, reckless, or willful act or omission proximately caused or substantially constituted cause of such release. City Code Section 9-12-1. • Streamlines the reimbursement costs of vehicles and personnel as follows: o $500 per each vehicle dispatched per hour o $200 per suppression member per hour; and o $100 per administrator/inspector per hour. City Code Sections 9-12-3(B) and 9-13-3. • Gives the City Manager or his/her designee the discretion to waive or reduce fees based on mitigating circumstances. City Code Section 9-13-5. This suggested revision follows Northshore Towing Inc.’s ongoing refusal to honor its obligations under the City Code to reimburse the City for over $40,000 of taxpayer funds spent for the large Labor Day weekend fire last year. ------------------------------------------------------------------------------------- Attachments: Ordinance 31-O-15 284 of 521 2/24/2015 31-O-15 AN ORDINANCE Amending Title 9, Chapters 12 and 13, Regarding Hazardous Materials Cost Recovery NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Legislative Statement. At the time of passage of this Ordinance, the City of Evanston determined that there is a need to revise regulations following recent incidents in the City of Evanston which resulted in large expenditures of taxpayer funds. During emergency situations, the City of Evanston dispatches vehicles, equipment and personnel to respond to emergency matters. The City is always concerned for the safety and welfare of its residents, and seeks to prudently recover taxpayer monies incurred in large incidents. Therefore, updating portions of the City of Evanston Municipal Code that speak to Hazardous Materials Cost Recovery to reflect updated, current costs would be beneficial to the City of Evanston and its taxpayer. This Ordinance seeks to streamline the services and costs provided by the City during emergency situations where the need to respond to an emergency situation arises from the acts of an outside party. This Ordinance is modeled after the Illinois Hazardous Material Emergency Response Reimbursement Act, 430 ILCS 55 (“the Act’). Article VII, Section (6)a of the Illinois Constitution of 1970 states that, “a home rule unit may exercise any power and perform any function pertaining to its government 285 of 521 31-O-15 ~2~ and affairs including, but not limited to, the power… to license.” As a home rule unit, the City of Evanston’s powers shall be construed liberally. Scadron v. City of Des Plaines, 153 Ill.2d 164 (1992). This ordinance is presumed constitutional and the burden of rebutting that strong presumption is on the party challenging the validity of the statute to clearly demonstrate a constitutional violation. Napleton v. Village of Hinsdale, 229 Ill.2d 296, 306 (2008). It is well-settled law in Illinois that the legislative judgment of the City Council must be considered presumptively valid. Glenview State Bank v. Village of Deerfield, 213 Ill.App.3d 747, (2nd Dist. 1991). A court has a duty to uphold the constitutionality of a statute/ordinance when reasonably possible, and if a statute’s/ordinance’s construction is doubtful, the court will resolve the doubt in favor the statute’s/ordinance’s validity. Id. citing to People ex rel. Sherman v. Cryns, 203 Ill.2d 264, 291 (2003). City staff reviewed and considered comparable ordinances from similarly situated jurisdictions regarding reimbursement of emergency response costs. The City Council finds that that there is a compelling governmental interest in implementing reasonable reimbursement costs on responsible parties in certain situations in the City under this Ordinance to promote the health, safety, and welfare of City residents and visitors alike. The City Council held meetings in compliance with the provisions of the Illinois Open Meetings Act, considered the, statements, points and authorities made in the legislative Record, and received additional input from the public. SECTION 2: Section 9-12-1 of the City of Evanston Municipal Code, “Definitions,” is hereby amended to include the following: 286 of 521 31-O-15 ~3~ RESPONSIBLE PARTY: A person who: (A) Owns or has custody of hazardous material that is involved in an incident requiring emergency action by an emergency response agency; or (B) Owns or has custody of bulk or non- bulk packaging or a transport vehicle that contains hazardous material that is involved in an incident requiring emergency action by an emergency response agency; and (C) Whose negligent, reckless, or willful act or omission proximately caused or substantially constituted cause of such release. SECTION 2: Section 9-12-2 of the City of Evanston Municipal Code, “Liability for Hazardous Substance Incident Removal or Abatement Costs,” is hereby amended to read as follows: 9-12-2: - LIABILITY FOR HAZARDOUS SUBSTANCE INCIDENT REMOVAL OR ABATEMENT COSTS: (A) The Fire and Life Safety Services Department is authorized to remove or abate the effects of any hazardous substance incident involving the actual or threatened release of a hazardous material 1) upon or into property or facilities in the City or along its lakefront or 2) pursuant to any mutual aid box alarm system (MABAS) agreement in effect, it being understood that such aid will be rendered outside the City limits. The following described responsible party persons shall be jointly and severally liable a) to the City for the payment of all costs incurred by the City as a result of such removal and/or abatement activity, and b) to any member unit of the MABAS agreement rendering aid to the City pursuant to said agreement. 1. The person or persons whose negligent, reckless, or willful act or omission proximately caused such release; and 287 of 521 31-O-15 ~4~ 2. The person or persons who owned or had custody or control of the hazardous substance at the time of such release, without regard to fault or proximate cause; and 2.3. The person or persons who owned or had custody or control of the container, transport vehicle, or transport vessel which held such hazardous substance at the time of, or immediately prior to, such release, without regard to fault or proximate cause; and 3.4. Any person owning or in control of any real property from which a hazardous substance is or may be released. (B) In the event that any responsible party person undertakes, voluntarily or upon order of the Fire Chief, to remove or abate the effects of any actual or threatened hazardous substance release upon or into any property or facility in the City, or along its lakefront, the Fire Chief may take such action as is necessary to supervise or verify the adequacy of the removal or abatement. The responsible party person (s) described in subsections (A)1 through (A)43 of this Section shall be liable to the City for all costs incurred as a result of such supervision or verification. SECTION 3: Section 9-12-3 of the City of Evanston Municipal Code, “Removal or Abatement Costs,” is hereby amended to read as follows: 9-12-3: - REMOVAL OR ABATEMENT COSTS: (A) For purposes of this Chapter, costs incurred by the City shall include, but shall not be limited to, the following, whether incurred within the City, along its lakeshore or outside the city limits as a result of rendering mutual aid pursuant to the MABAS agreement: actual labor cost of City personnel, including benefits and administrative overhead; costs of consultants whose expertise is required to remove or abate the incident or to assess the nature and extent of damage done; cost of equipment operation; replacement cost of vehicles or equipment which, in the determination of the Fire Chief, is contaminated beyond reuse or repair; laboratory costs; cost of materials or equipment obtained directly by the City; cost of any contract or mutual aid labor and materials; attorney fees incurred in collecting monies owed to the City by liable parties. (a) actual labor cost of City personnel, including benefits and administrative overhead; (b) costs of consultants whose expertise is required to remove or abate the incident or to assess the nature and extent of damage done; (c) cost of equipment operation; replacement cost of vehicles or equipment which, in the determination of the Fire Chief, is contaminated beyond reuse or repair; 288 of 521 31-O-15 ~5~ (d) laboratory costs; (e) cost of materials or equipment obtained directly by the City; (f) cost of any contract or mutual aid labor and materials; and (g) attorney fees incurred in collecting monies owed to the City by liable parties (B) When the action to remove or abate the effects of a hazardous substance includes extinguishing a fire, the costs may only include the expenses, such as: those set forth in Subsection 9-13-3(A) of this Section, related to the hazardous substance and not any expense related to extinguishing the fire. Per each vehicle per hour $500 Per suppression member per hour $200 Per administrator/inspector per hour $100 A minimum of one hour shall be charged. Subsequent hours will be billed at fifteen (15) minute increments. (C) Nothing contained in this Chapter shall be construed to change or impair any right of recovery or subrogation arising under any mutual aid agreement or any other ordinance, statute, or provision of law. No criminal quasi-criminal remedy for any wrongful action shall be excluded or impaired by this Chapter. (D) All payments due from a responsible party shall be reimbursed to the City within 60 days after the receipt of a bill for the hazardous substance incident removal or abatement costs. The City Manager or his/her designee shall allow for a reasonable time for payment of the reimbursement amount and shall consider any written objections on the type and amount of expense. In the event that no payment or response to the request for reimbursement has been received within thirty (30) days from the date of the invoice, the City Manager or his/her designee If reimbursement is not received, the City Manager may direct is hereby authorized to the Corporation Counsel to take appropriate legal action. (E) A MABAS member unit rendering aid to the City in a hazardous substances incident pursuant to the MABAS agreement shall have its own right of action under this chapter for recovery of costs. SECTION 4: Section 9-12-5 of the City of Evanston Municipal Code, “Severability,” is hereby deleted in its entirety as follows: 9-12-5: - SEVERABILITY: 289 of 521 31-O-15 ~6~ If any provision, clause, sentence, paragraph, section or part of this Chapter, or application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this Chapter and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to be the legislative intent of the City Council that this Chapter would have been adopted had such unconstitutional or invalid provisions, clause, sentence, paragraph, section or part thereof not been included. SECTION 5: Section 9-13-3 of the City of Evanston Municipal Code, “Fees,” is hereby amended to read as follows: 9-13-3: - FEES: The following fees shall apply to all acts enumerated in Section 9-13-2 of this Chapter: Per fire engine per hour .....$350.00 Per truck company per hour .....350.00 Per command van per hour .....175.00 Per ambulance per hour .....350.00 Per administrative vehicle per hour .....100.00 Per administrator per hour .....100.00 Per fire inspector per hour .....75.00 Per suppression member per hour .....75.00 A minimum of one hour shall be charged. Subsequent hours will be billed at fifteen (15) minute increments. Per each vehicle per hour $500 Per suppression member per hour $200 Per administrator/inspector per hour $100 A minimum of one hour shall be charged. Subsequent hours will be billed at fifteen (15) minute increments. SECTION 6: Section 9-13-5 of the City of Evanston Municipal Code, “Waiver of Fees,” is hereby amended to read as follows: 290 of 521 31-O-15 ~7~ 9-13-5: - WAIVER OF FEES: The Fire ChiefCity Manager or his/her designee may waive or reduce fees, upon his/her discretion, based on mitigating circumstances. SECTION 7: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 8: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 9: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 10: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced:_________________, 2015 Adopted:___________________, 2015 Approved: _________________________, 2015 ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 291 of 521 For City Council meeting of March 23, 2015 Item A1 6 Ordinance 32-O-15 – Increase Class T Liquor License 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 32-O-15, Increasing the Number of Class T Liquor Licenses for Carter Investments, Inc., d/b/a Feast & Imbibe, 1601 Simpson Street, #3 Date: February 26, 2015 Recommended Action: Staff recommends City Council adoption of Ordinance 32-O-15. This ordinance was introduced at the March 9, 2015 City Council meeting. Summary: Ordinance 32-O-15 amends Evanston City Code of 2012 Subsection 3-4-6-(T), as amended, to increase the number of authorized Class T liquor licenses from two (2) to three (3). Carter Investments, Inc., d/b/a Feast & Imbibe (“Company”), 1601 Simpson Street, #3, was recommended for issuance of a Class T liquor license. This license will permit Company to sell beer and wine for consumption on the premises where served, only to invited guests at private, catered functions. Application materials were submitted by Company owner Heather Bublick. Legislative History: At the February 26, 2015 Liquor Control Review Board meeting, Company requested consideration of application for a Class T liquor license (catering/beer-wine). The Board recommended the issuance of a Class T Liquor License. Alternatives: n/a ------------------------------------------------------------------------------------- Attachments: Ordinance 32-O-15 Application Draft Minutes of the February 26, 2015 Liquor Control Review Board meeting Memorandum 292 of 521 2/26/2015 32-O-15 AN ORDINANCE Amending Subsection 3-4-6-(T) of the City Code to Increase the Number of Class T Liquor Licenses from Two to Three (Carter Investments, Inc., d/b/a Feast & Imbibe, 1601 Simpson Street, #3, Evanston, IL 60201) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The following portion of Table 1 in Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class T liquor licenses from two (2) to three (3) to read as follows: T Catering Beer, Wine None $1,800 $1,800 23 None 10 a.m.— 1 a.m. (Mon- Fri); 10 a.m. – 2 a.m. (Sat-Sun) SECTION 2: Subsection 3-4-6-(T) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class T liquor licenses from two (2) to three (3), to read as follows: (T) CLASS T licenses, which shall authorize the sale of beer and wine for consumption on the premises where served, only to invited guests at private, catered functions. Such licenses shall be issued only to businesses defined as catering establishments under Title 6 of this Code and having a current Evanston business license. Catering establishments holding Class T licenses must have food service available when beer and wine are being served. The service of beer and wine shall be by employees of the licensed catering business. Class T licensees shall serve beer or wine only to invited guests at catered functions. Such licenses shall be issued only for the premises owned, operated, or maintained by the licensed catering business or for the location in which the licensed catering business shall serve food, beer and wine. The service of beer and wine shall only take place from 10:00 a.m. to 1:00 a.m.; except, that service may be made up to 2:00 a.m. on Saturday and Sunday mornings. The sale of 293 of 521 32-O-15 beer and wine shall be deemed to occur at the address of the catering establishment. The applicant for the renewal only of such licenses may elect to pay the amount herein required semiannually or annually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be one thousand eight hundred dollars ($1,800.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be one thousand eight hundred ninety dollars ($1,890.00). No more than three two (23) such license(s) shall be in force at any one (1) time. SECTION 3: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. ~2~ 294 of 521 32-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 ~3~ 295 of 521 Page 1 of 4 MEETING MINUTES Liquor Control Board Thursday, February 26, 2015 11:30 a.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2750 Members Present: Mayor Elizabeth Tisdahl; Marion Macbeth; Byron Wilson Members Absent: Dick Peach; Dave Skrodzki Staff Present: Mario Treto, Theresa Whittington Others Present: Heather Bublick (Feast & Imbibe); Mike Niemiec (Blaze Pizza); Anita Remijas (The Woman’s Club of Evanston); Cesar Marron (Sketchbook); Alice Jordan (Sketchbook); Alderman Melissa Wynne (Ward 3); Nikki Hiltwein; Peggy Riggs; Charles Happ; Dileep Gangolli; Walter Clements (Canova, Inc.); Joanna Huyck Presiding Member: Local Liquor Control Commissioner Elizabeth Tisdahl/Mayor CALL TO ORDER The Local Liquor Control Commissioner Elizabeth Tisdahl called the meeting to order at 11:30 a.m. NEW BUSINESS Carter Investments, Inc., d/b/a Feast & Imbibe, 1601 Simpson St., #3, Evanston, IL 60201 Consideration of a Class T liquor license (Catering/Beer-Wine). Heather Bublick (HB) explained that she has a growing Evanston catering business. She currently outsources bar service to a company located in Chicago. She seeks a liquor license in order to provide that service directly to her customers. Marion Macbeth asked if consumption is only at catered events or also on-site at the business location. HB responded that consumption is at the location of catered events. Board members reviewed the application packet in advance of the meeting and found it all in order. The Local Liquor Control Commissioner asked the members if there were any concerns over the request. None were voiced. The Board recommended issuing a class T Liquor License to be introduced at the City Council meeting on March 9, 2015. Blaze IL Store 5, LLC, d/b/a Blaze Pizza, 1737 Sherman Ave., Evanston, IL 60201 Consideration of a Class D liquor license (Restaurant/liquor). Mike Niemiec (MN) requested an annual liquor license for Blaze Pizza. He explained that 1-2% of sales are expected to come from alcohol sales. Service of alcohol is a convenience item that the company hopes will help draw patrons to the business. He thinks there will be 2-3 varieties of beer and 1 variety of wine. Mayor Tisdahl asked if any of the beers will be local. MN responded that he did not know yet as those decisions are often made by the store manager and varieties vary by location. Mayor Tisdahl also asked if all persons are BASSET trained. MN responded that they are BASSET trained. 296 of 521 Page 2 of 4 Board members reviewed the application packet in advance of the meeting and found it all in order. The Local Liquor Control Commissioner asked the members if there were any concerns over the request. None were voiced. The Board recommended issuing a Liquor License to be introduced at the City Council meeting on March 9, 2015. The Woman’s Club of Evanston, 1702 Chicago Avenue, Evanston, IL 60202 Consideration of a Class S-1 liquor license (local non-profit/alcohol). Anita Remijas (AJ) requested an annual liquor license for purposes for serving and selling alcohol at the various benefits and fundraisers hosted by The Woman’s Club of Evanston. Marion Macbeth inquired if alcohol service was for on-premise events. AJ responded that the intention is to serve at events hosted on site at The Woman’s Club. Board members reviewed the application packet in advance of the meeting and found it all in order. The Local Liquor Control Commissioner asked the members if there were any concerns over the request. None were voiced. The Board recommended issuing a Liquor License to be introduced at the City Council meeting on March 9, 2015. Sketchbook Brewing Company, 825 Chicago Avenue, Evanston, IL 60202. Seeks amendment to liquor license Class P-1 (Craft Brewery) to allow for sale of beer in 22 oz. containers for off-site consumption. Also seeks direction and/or amendment to allow for hosting of private and special events at brewery. 22 oz. Containers Cesar Marron (CM) presented samples of the bottles currently in use at Sketchbook and the proposed 22 oz. size that is under request. He explained that beer stays better longer when bottled and sealed in the 22 oz. bottle. Nikki Hiltwien asked if only specialty beer would be bottled in the 22 oz. size. CM responded that that he does not know and that he will have to wait and see what the market demands. CM offered that some specialty beers will be bottled in 22 oz. sizes but that a certain portion of his regular taps will also be available in the smaller size. He further clarified that currently 22 oz. bottle are currently distributed wholesale. He is seeking permission to sell 22 oz. sizes to his retail customers. Nikki Hiltwien mentioned that Temperance Beer said it will limit its 22 oz. to specialty beers only. Mayor Tisdahl stated that the City does not want to get into the business of regulating what type of beer can be bottled in 22 oz. containers. Alderman Wynne asked what the price point is for a 22 oz. bottle. CM responded that the estimated prices range is $8-$20. The Local Liquor Control Commissioner asked the members if there were any concerns over the request. None were voiced. The Board recommended this matter to be introduced at the City Council meeting on April 13, 2015. Special Events at Sketchbook CM told the board that there is a lot of interest in touring the brewery. The proximity to Few Spirits has sparked interest from tour companies in hosting tours in Evanston. They stop at Few, Sketchbook, Wine Goddess, Temperance etc. CM stated that when he discusses “special events” he is seeking clarity on what Sketchbook is and is not allowed to do. CM described his special events as private, invitation only events not open to the general public. Events are held when business is not open to the public. 297 of 521 Page 3 of 4 Mario Treto (MT) noted that the Sketchbook’s retail goods establishment zoning designation was based on a business plan and land use zoning analysis that indicated one special event per month. MT further stated that any increase in number of special events would have to be reviewed and approved by a zoning administrator. He further advised CM to stick to one special event per month until such an increase is approved by zoning. Dileep Gangoli of Windy City Tours asked if his stop at Sketchbook for a brewery tour would be considered a special event. The tours happen during the days and are usually 10 people or less. Mr. Gangoli questioned whether it is a special event if it is a small tour that does not have any impact on the neighborhood. It does not cause traffic disruption or noise. CM stated that the brew tours happen within the operating hours allowed for a P-1 license. Sketchbook tries to only offer tours when its tap room is not open as a way to manage crowds in its small space. Marion Macbeth asked Mr. Gangoli how often is he conducting the tours. He responded about once a month at most but that the business is growing. Mayor Tisdahl asked how he transports his clients. Mr. Gangoli says he has a licensed van and he does not park in the alley but does drop clients off in the alley. Nikki Hiltwein asked if tour patrons are allowed to sample beer outside of the scope of the P-1 license. CM responded that they try to stick to the P-1 license class rules and only offer tastings. Marion Macbeth stated that there is a difference between a brewery tour and special events; she stated further that tours seem to be a good way to promote Evanston. She does not think brewery tours should be in the same classification as a special event. CM stated that the events list he submitted to the board are not special events in his opinion. He stated that a special event is an event that blocks public access such as an alley or street. MT stated that the law department will need additional information about Sketchbook events such as hours of operation and number of attendees etc. MT reiterated Sketchbooks responsibility to comply with the provisions of the P-1 license class. Mayor Tisdahl questioned whether the special event discussed, in the context of Sketchbook’s activities, is one that requires closing off alleys and roads. Mayor Tisdahl instructed Sketchbook to stick to one per month and work with legal and zoning to further address the limitation. CM responded that he is still confused and restated that his events held at Sketchbook are within the hours and provisions of Class P-1 and do not constitute special events. MT stated that the events on Sketchbook’s list are bound to the special event limit stated in the zoning analysis and that Sketchbook should go before zoning in order to get it changed. Legal can work on a better definition of what constitutes a special event. Alice Jordan (Sketchbook) asked if there might be events and special events. She asked for clarification between the two. MT stated that the issue will need to be further researched and defined. Nikke Hiltwein asked if on-site consumption limited to the sampling limit contained in class P-1? CM said they try to stick with the 3 oz samples at the tours and that all events have been tours. Nikki Hiltwien said she is asking about non-tour events such as kick starter parties. CM stated that they served a special brew in an 8 oz. glass. CM stated because the kick starter party was invitation only and the beer was given away that a he is not bound by the P-1 sampling limitation. CM described an event hosted by the building owner at which Sketchbook beer was given away for free. MT stated that this is outside of the scope of a P-1 license. CM responded that the event was not on Sketchbook property and that the service of beer was gratuitous. CM stated that he did not think a one-day license was needed since it was an event on private property, that was invite only and that the host (landlord) offered the alcohol for free. CM stated that there is a member 298 of 521 Page 4 of 4 appreciation day coming up and that the event takes place when the brewery is closed to the public. Alice Jordan said that non-profits are interested in spaces for innovative events and are interested in hosting events at Sketchbook. CM stated that no money has been exchanged for alcohol at these events. Mayor Tisdhal directed legal and zoning to work out this issue and determine what constitutes a special event. She concluded that she did not think any resolution could be reached at this meeting. Alderman Wynne asked how soon a conclusion can be reached and also stated that it is clear that the city lacks a good definition for special event and when a one-day liquor license is needed. MT stated that he will attempt to get the issues resolved by March 16th. Nikki Hiltwein and Peggy Riggs described issues they are experiencing with Sketchbook patrons parking in the alley and parking behind there condo buildings. CM said there is a limit to how much they can do to monitor the issue. CM stated that if they see these violations, they will ask customers to move their vehicles. The matter is put on hold pending work by legal and zoning to review and define special events. Canova, Inc. Vino Sfuso Business Walter Clements (WC) stated that he seeks a craft winery license that is similar in nature to the license held by Temperance Beer (Class P-2). His is a sfuso-style wine business that offers customers a proprietary wine blend that is dispensed in refillable wine containers. The blending of the wine constitutes manufacturing and the business will be licensed as such on the Federal and State level. Wine will be dispensed at a retail location that will also offer a limited menu of food items. The Local Liquor Control Commissioner asked the members if there were any concerns over the request. None were voiced. The Board recommended this matter to be introduced at the City Council meeting on April 13, 2015. DISCUSSION Theresa Whittington discussed the draft special event application (street fairs & festivals). The purpose is to create an application that is specific to the special circumstances of city-sanctioned special events. Also discussed was the trend of applicants of utilizing third party vendors to serve liquor throughout the event rather than at a centrally located tent staffed by the applicant. The general consensus of the board was that third party vendors ought to be limited to only businesses that currently hold an active City of Evanston annual liquor license. This requirement assures that liquor vendors have been previously vetted by the City and maintain required insurance and training requirements. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Elizabeth Tisdahl, Mayor at 12:28 a.m., February 26, 2015. Respectfully Submitted, Theresa Whittington Liquor Licensing Manager, Legal Department 299 of 521 For City Council meeting of March 23, 2015 Item A17 Ordinance 33-O-15 – Increase Class D Liquor License 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 33-O-15, Increasing the Number of Class D Liquor Licenses for Blaze IL Store 5, LLC d/b/a Blaze Pizza, 1737 Sherman Ave. Date: February 26, 2015 Recommended Action: Staff recommends City Council adoption of Ordinance 33-O-15. This ordinance was introduced at the March 9, 2015 City Council meeting. Summary: Ordinance 33-O-15 amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of authorized Class D liquor licenses from fifty (50) to fifty-one (51). Blaze IL Store 5, LLC d/b/a Blaze Pizza (“Company”), 1737 Sherman Ave., was recommended for issuance of a Class D liquor license. This license will permit Company to authorize the retail sale in restaurants only of alcoholic liquor for consumption on the premises where sold. Application materials were submitted by Business owner Adam Cummis. Legislative History: At the February 26, 2015 Liquor Control Review Board meeting, Company requested consideration of application for a Class D liquor license (restaurant/liquor). The Board recommended the issuance of a Class D Liquor License. Alternatives: n/a ------------------------------------------------------------------------------------- Attachments: Ordinance 33-O-15 Application See Agenda Item A16 for Draft Minutes of the February 26, 2015 Liquor Control Review Board meeting Memorandum 300 of 521 2/26/2015 33-O-15 AN ORDINANCE Amending Subsection 3-4-6-(D) of the City Code to Increase the Number of Class D Liquor Licenses from Fifty to Fifty-One (Blaze IL Store 5, LLC d/b/a Blaze Pizza, 1737 Sherman Ave., Evanston, IL 60201) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The following portion of Table 1 in Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class D liquor licenses from fifty (50) to fifty-one (51) to read as follows: D Restaurant Liquor None $2,800 $2,800 50 51 None 11 a.m.— 1 a.m. (Mon- Thurs); 11 a.m. – 2 a.m. (Fri-Sat); 12 p.m. – 1 a.m. (Sun) SECTION 2: Subsection 3-4-6-(D) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class D liquor licenses from fifty (50) to fifty-one (51), to read as follows: (D) CLASS D licenses, which shall authorize the retail sale in restaurants only of alcoholic liquor for consumption on the premises where sold. No such license may be granted to or retained by an establishment in which the facilities for food preparation and service are not primarily those of a "restaurant", as defined in Section 3-4-1 of this Chapter. Alcoholic liquor may be sold in restaurants holding Class D licenses only during the period when their patrons are offered a complete meal. The applicants 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. 301 of 521 33-O-15 The annual single-payment fee for initial issuance or renewal of such license shall be two thousand eight hundred dollars ($2,800.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-54-7 of this Chapter, shall be two thousand nine hundred forty dollars ($2,940.00). No more than fifty-one fifty (50 51) such license(s) shall be in force at any one (1) time. SECTION 3: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. ~2~ 302 of 521 33-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 ~3~ 303 of 521 For City Council meeting of March 23, 2015 Item APW1 Baker Park Update For Discussion To: Honorable Mayor and Members of the City Council Members of the Administration & Public Works Committee From: Suzette Robinson, Director of Public Works Sat Nagar, P.E., Assistant Director for Engineering & Infrastructure Stefanie Levine, Senior Project Manager Subject: Baker Park Renovation Project – Presentation and Project Update Date: March 23, 2015 Summary: Staff recently concluded its community engagement process for the Baker Park Renovation Project and finalized a concept design for implementation. Staff will present a short summary of the process and review the final concept. Staff is currently preparing construction documents for bidding. The anticipated construction schedule is as follows: Bid: June 2015 Council Award: July 2015 Construction: August to November 2015 Please note, construction has been scheduled for late summer / fall 2015 in order to avoid conflicts with existing Recreation summer programs. Funding: FY 2015 CIP (Account #415407): $500,000 Estimated cost of construction (including fieldhouse repairs): $520,000 Attachments: Presentation is available here: www.cityofevanston.org/citycouncil Memorandum 304 of 521 PLANNING & DEVELOPMENT COMMITTEE MEETING Monday, March 23, 2015 7:15 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston Council Chambers AGENDA I. CALL TO ORDER/DECLARATION OF QUORUM: ALDERMAN FISKE, CHAIR II. APPROVAL OF REGULAR MEETING MINUTES OF MARCH 9, 2015 III. ITEMS FOR CONSIDERATION (P1) Ordinance 36-O-15, granting a Special Use for a Convenience Store and accessory Type 2 Restaurant, Ad Val’s Sweet, at 900 Chicago Avenue The Zoning Board of Appeals and City staff recommend adoption of Ordinance 36- O-15 granting a special use permit for a Convenience Store and accessory Type 2 Restaurant, Ad Val’s Sweet, in the C1a Commercial Mixed Use District. The applicant has complied with all zoning requirements, and meets all of the standards for a special use for this district. For Introduction (P2) Ordinance 37-O-15, Granting a Special Use for a Type 2 Restaurant, Epic Burger, at 1622 Sherman Avenue The Zoning Board of Appeals and City staff recommend adoption of Ordinance 37- O-15 granting a special use permit for a Type 2 Restaurant, Epic Burger, 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. For Introduction (P3) Ordinance 22-O-15 Zoning Ordinance Text Amendment for Fences and Invisible Pet Fences The Plan Commission and staff recommend approval of the Zoning Ordinance Text Amendment to modify Section 6-4-6-7, Special Regulations Applicable to Fences and Section 6-18-3, Definitions regarding zoning regulations for Invisible Pet Fences. For Introduction 305 of 521 Planning & Development Committee Meeting Agenda Page 2 of 2 March 23, 2015 The Plan Commission and staff recommend adoption of Ordinance 20-O-15 and 25-O-15 (Agenda Items P4.1 and P4.2), which amend the Map and Text of the Zoning Ordinance to establish a new Dempster-Main Overlay District. The Overlay District would allow office and financial institution uses as a Special Use on the ground floors. The proposed overlay district will foster enhancement and preservation of two of the City’s oldest shopping areas for primarily neighborhood-oriented commercial and retail uses. (P4.1) Ordinance 20-O-15, Amending the Text of the Zoning Ordinance by Enacting a New Section 6-15-17, “oDM Dempster-Main Overlay District” For Introduction (P4.2) Ordinance 25-O-15, Amending the Zoning Map to Place Certain Properties within the oDM Dempster-Main Overlay District For Introduction IV. ITEM FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT 306 of 521 Planning & Development Committee Meeting Minutes of March 9, 2015 Immediately following Administrative & Public Works Meeting Council Chambers - Lorraine H. Morton Civic Center MEMBERS PRESENT: J. Fiske, D. Holmes, A. Rainey, M. Tendam, D. Wilson MEMBERS ABSENT: J. Grover, M. Wynne STAFF PRESENT: D. Latinovic, M. Masoncup, M. Muenzer, B. Newman, L. Pearson PRESIDING OFFICIAL: Ald. Fiske I. DECLARATION OF QUORUM A quorum being present, Chair Fiske called the meeting to order at 7:30p.m. II. APPROVAL OF REGULAR MEETING MINUTES OF FEBRUARY 23 , 2015 Ald. Rainey moved to approve the minutes of the February 23, 2015 meeting, seconded by Ald. Tendam. The Committee voted unanimously 5-0 to approve the February 23, 2015 minutes. III. ITEMS FOR CONSIDERATION (P1) Ordinance 19-O-15, Planned Development at 1571 Maple Avenue The Plan Commission and staff recommend adoption of Ordinance 19-O-15 for Special Use approval of a Planned Development at 1571 Maple Avenue. The 12- story mixed-use development includes 101 residential units, 3,696 square feet of commercial space and 12 parking spaces on site. Additionally, 101 parking spaces are proposed to be leased from City-owned Maple Avenue public parking garage. For Introduction Ald. Rainey moved to introduce Ordinance 19-O-15, seconded by Ald. Tendam. Mark Muenzer, Director of Community Development, said staff has been working with the developer and the community and the developer has met with the Plan Commission four times, each time mitigating the impact on surrounding neighbors. The Plan Commission unanimously approved the PD as proposed, and felt it meets the planning development standards and it is in general conformance with the City’s Comprehensive Plan and Downtown Plan. He said there are 17 public benefits and the developer is requesting 7 site development allowances related to height, dwelling units, parking spaces, FAR, and 3 side yard setbacks. Bernard Citron, developer, stated that: • The proposed building is shorter than the adjacent building and not as wide • It is within the zoning allowance • If the project was done within existing zoning requirements it would not include the green roofs DRAFT – NOT APPROVED 307 of 521 Planning & Development Committee Meeting Page 2 of 4 Minutes of March 9, 2015 • Once parking spaces are filled by tenants with cars, only tenants without cars will be eligible to rent there unless they can show that they have secured parking elsewhere • PD proposes to provide 10 public parking spaces and car sharing • Car purchases of people ages 24-34 have diminished 7% • The building is 50’ away from the adjacent building • The majority of the residents in the adjacent building are not affected, or are minimally affected • Compared amenities to a building at Division & Ashland in Chicago • Maple Street Garage is under-utilized; propose using it for resident parking • The building will bring approximately $1million in sales tax • Residents will be in the income category of approximately $50k/yr • Property has been vacant for a long time; site is a difficult shape • Propose 21 convertibles, 36 one-bedrooms, 38 two-bedrooms, 6 three-bedrooms Chair Fiske called the public who wished to speak to the podium: Doug Fuson of 1570 Elmwood and who has practiced law for 30 years, said his building incurred a special assessment to hire a lawyer to testify to the Plan Commission. He stated that the code provides that: • The Plan Commission shall not recommend approval of nor shall the City Council adopt a Planned Development in the Downtown Districts unless they shall determine based on written fact that the PD adheres to the standards of the Downtown Plan and D2 Zoning requirements • General condition #3: Each PD shall be compatible with and implement, among other things, the Downtown Evanston Plan Mr. Fuson said the words “shall, must and will” mean it is mandatory, quoting Section 6.2.1 B which says “the words shall, must and will are mandatory and indicate an obligation to comply with the particular provisions to which they apply.” He said the recommendations and proposed Ordinance contain no items of fact that relate to implementation of the Downtown Plan; there is a lot of conclusory language and assertion that the project complies and implements the plan. He said the reason it doesn’t is because the project is neither compatible with the Downtown Plan’s prescription for lower height/lower density buildings in the specific area in which the building is proposed. He noted that the Downtown Plan was adopted in February of 2009 and remains in full effect. He explained that the West Traditional District requires limited height and density. Under the Downtown Plan in the West Traditional District, 42’ is the height limit and only if the project provides extraordinary public benefits could it be increased to a maximum height of 88’. He said no such benefits exist or have been claimed by the developer. He said the project is more than 3 times the height of that allowed and exceeds the maximum FAR by 1.5 times. He concluded that at its most basic size it is not compatible with the Downtown Plan and doesn’t implement it. He asked the Committee to pay attention to the governing Ordinance and mandatory language. 308 of 521 Planning & Development Committee Meeting Page 3 of 4 Minutes of March 9, 2015 David Rosen of 1750 Elmwood said he was concerned about the vacant lot and consulted with the Zoning Department before he purchased his unit and was told that a building of no more than 4 stories could be built on the adjacent site. It was because of this he purchased his unit. He and other unit owners are disappointed in the proposal of a 12-story building as they believed that if the previously proposed art center was not built there, only a 4-story building would have been allowed to have been built there. Donna Marcus of 1570 Elmwood read a letter from Debbie Magnuson, an Evanston realtor for 30 years, stating that she calls the Zoning Dept. before she sells a property for full disclosure. She said a unit at 1720 Maple sold for $415 per sq. ft. but a similar unit at 1750 Elmwood sold for $290 per sq. ft., a 30% devaluation in the property. Ms. Marcus added that renters of AMLI park on Hinman, causing a problem, and she is concerned that the area will not be able to absorb the extra need for parking caused by the proposed PD. Howard Ellman of 1570 Elmwood said the oppositional material presented at the Plan Commission was not in the packet; Mr. Muenzer clarified that there were links to it in the packet. He said their building engaged a team of experts including an architect, an appraiser, a land planner and a land use attorney to analyze the proposed plan and they disagree with the Plan Commission. He explained that they disagree with the belief that it complies with the Ordinance as follows: • 6.3.5.10, b, c and d: Lack of compliance with Downtown Plan, causing an adverse effect in the neighborhood and diminishment of property values • 6.11.1.10 a3: Does not implement plan for Downtown Evanston • 6.11.1.10 b2: The lack of parking will cause adverse effect on residential uses in the neighborhood, and if possible it should provide additional parking beyond that required for their use; not even providing enough for their own use. • Regarding parking, the number of handicap spaces, currently 1 in relation to the on site parking is required, but in relation to the 101 spaces, 5 would ADA spaces would be required, so more than one handicapped person couldn’t live there. Mr. Ellman said the developer is requesting an extreme amount of allowances that significantly exceed the Downtown Plan and the D3 zoning: • 38% more dwelling units than are allowed • 320% more height than is allowed by Downtown Plan and 58% more than D3 allows • 90% less onsite parking than is required • 33-87% less setbacks, depending on which street He said allowing this building to be built would set an extreme precedent. He said the proposed building is 25’ from their lot line with a maximum of 40’ and in some cases 35’ from their lot line, no 50’ as stated by the developer, adding that if 2 towers were to be built they would have to be 50’ apart. The proximity will restrict light, air and views and will start a bad precedent. An architect’s model showed that the proximity will restrict sun and wind from hitting their balconies. They are not opposed to development of this parcel as currently the parcel is neglected but they would support a smaller, less dense building. 309 of 521 Planning & Development Committee Meeting Page 4 of 4 Minutes of March 9, 2015 Junad Rizke of northeast Evanston said he supports the neighbors. Mr. Bobkiewicz has ignored zoning laws before when he was going to turn Harley Clark from an open space use into a hotel, changing zoning dramatically, in his neighborhood. He said there seems to be a pattern of destruction of zoning in Evanston. He said view is important and the City sold view to Northwestern University when they built the guest center and destroyed the bird sanctuary. He said as a taxpayer, he does not support this development. Chair Fiske opened the item for discussion by the Committee: Ald. Rainey said regarding the comparison of the parking to Chicago and Main, the risk to not provide enough parking is a risk only to the developer, not to the neighbors. It presents a product that is lacking parking, so tenants who have cars won’t rent there. She believes the off site parking is an excellent way of providing parking without adding congestion to the immediate neighborhood where the building is. She believes that people who have cars simply won’t rent there. Ald. Wilson said he has heard from many people, for and against the project, and moved to introduce Ordinance 19-O-15, seconded by Ald. Holmes. Chair Fiske said she has seen similar situations in which the developer worked with the community. She believes providing parking that is a quarter mile away is a huge problem. She is concerned with the precedent of using a public garage for residential parking and wondered what would happen when another development needed to use the public parking garage. She said the idea of not allowing someone to rent because they have a car and there are not enough spaces, does not sit well with her. Ald. Rainey argued that 1515 Chicago is a hotel. She said the Maple Street garage has always been used to subsidize the lack of parking in other buildings. She added that the public parking garage has a high vacancy rate and this is a perfect use for it. The Committee voted unanimously 5-0 to introduce Resolution 19-O-15. IV. ITEMS FOR DISCUSSION There were no items for discussion. V. COMMUNICATIONS There were no communications. VI. ADJOURNMENT Ald. Wilson moved to adjourn, seconded by Ald. Tendam. The Committee voted unanimously 5-0 to adjourn. The meeting was adjourned at 8:35 p.m. Respectfully submitted, Bobbie Newman 310 of 521 For City Council meeting of March 23, 2015 Item P1 Ordinance 36-O-15 Application for a Special Use for a Convenience Store and accessory Type 2 Restaurant, Ad Val’s Sweet, at 900 Chicago Avenue For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Lorrie Pearson, Planning and Zoning Administrator Melissa Klotz, Zoning Planner Ellen Cholewa, Zoning Intern Subject: Ordinance 36-O-15, granting a Special Use for a Convenience Store and accessory Type 2 Restaurant, Ad Val’s Sweet, at 900 Chicago Avenue Date: March 10, 2015 Recommended Action The Zoning Board of Appeals and City staff recommend adoption of Ordinance 36-O-15 granting a special use permit for a Convenience Store and accessory Type 2 Restaurant, Ad Val’s Sweet, in the C1a Commercial Mixed Use District. The applicant has complied with all zoning requirements, and meets all of the standards for a special use for this district. Summary 900 Chicago Avenue is located on the north side of Main Street, just west of Chicago Avenue in the C1a Commercial Mixed Use District, and is surrounded by similar commercial uses and residential uses above the ground floor. The applicant proposes to operate Ad Val’s Sweet, a Convenience Store and accessory Type 2 Restaurant, featuring vending machines, prepackaged food, coffee, an ATM and general convenience items. Ad Val’s Sweet will specialize in providing Indian and Pakistani bakery items such as pastries, cakes, and samosas that are baked at a wholesale location in Chicago and then reheated and sold at the proposed Evanston location. The applicant also operates the neighboring Subway Restaurant. Ad Val’s Sweet intends to operate from 9 a.m. to 8 p.m., six days a week and be closed on Sundays. One to two employees will work per shift and will have access to 2 parking spaces at the rear of the building. The applicant anticipates most customers will be existing pedestrian traffic that utilizes the nearby Main Street CTA and Metra stations. Metered street parking is also available for customers that arrive by vehicle. Eight seats Memorandum 311 of 521 will be provided inside the store for customers to dine in, although the majority of the business will be carried out. All prepackaged store products will be delivered by van. The applicant has agreed to follow the City’s Litter Collection and Garbage Pickup Plans. City staff has received one letter of concern regarding illegal parking in the street and suggests additional signage reminding vehicular travelers not to park in illegal locations. Neighborhood Benefit The neighborhood will benefit from having a locally-owned, specialty business that will enhance the business district by occupying a currently underutilized commercial space, encourage foot-traffic, and in turn promote the economic viability of the Main Street business district. Comprehensive Plan The Evanston Comprehensive General Plan encourages the use of vacant spaces along existing commercial corridors that can add sales tax revenue and encourage vibrant business districts. 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. Ad Val’s Sweet will encourage pedestrian activity and utilize a vacant storefront along Main Street. Legislative History March 3, 2015: The ZBA recommended unanimous approval of the special use permit for a Convenience Store and accessory Type 2 Restaurant with the following conditions: 1. Must comply with Litter Collection and Garbage Pick-Up Plans 312 of 521 2. Hours of Operation between 6 a.m. and 11 p.m., 7 days a week 3. Employees may not park on the street. 4. The project must be in substantial compliance of the documents and testimony on record. Attachments Proposed Ordinance 36-O-15 March 3, 2015 ZBA Draft Meeting Minutes ZBA Findings Letter of Concern March 3, 2015 ZBA Packet - http://www.cityofevanston.org/assets/03.03.15%20ZBA%20packet%20final.pdf 313 of 521 3/6/2015 36-O-15 AN ORDINANCE Granting a Special Use Permit for a Convenience Store and Accessory Type 2 Restaurant Located at 900 Chicago Avenue in the C1a Commercial Mixed Use District (“Ad Val’s Sweet”) WHEREAS, the Zoning Board of Appeals (“ZBA”) met on March 3, 2015, pursuant to proper notice, to consider case no. 15ZMJV-0014, an application filed by Ammar Khorjiya, lessee of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 900 Chicago Avenue (the “Subject Property”) and located in the C1a Commercial Mixed Use District, for a Special Use Permit to establish, pursuant to Subsection 6-10-3-3 of the Evanston City Code, 2012, as amended (“the Zoning Ordinance”), a Convenience Store with a Type 2 Restaurant, “Ad Val’s Sweet,” 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 Convenience Store with 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 March 23, 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-0014; and 314 of 521 36-O-15 ~2~ WHEREAS, at its meetings of March 23, 2015 and April 13, 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 Convenience Store with a Type 2 Restaurant on the Subject Property as applied for in case no. 14ZMJV-0014. 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. 315 of 521 36-O-15 ~3~ C. Hours of Operation: The Applicant shall operate the Convenience Store and Type 2 Restaurant authorized by this ordinance only between the hours of 6:00 a.m. and 11:00 p.m. on any given day. D. Employee Parking: Employees shall not park on the street during hours of operation. 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. SECTION 4: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 8: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. 316 of 521 36-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 317 of 521 36-O-15 ~5~ EXHIBIT A LEGAL DESCRIPTION PARCEL 1: UNIT 100 IN THE 900 CHICAGO AVENUE OFFICE CONDOMINIUM AS DELINEATED ONA SURVEY OF THE FOLLOWING DESCRIBED LAND: PARTS OF LOTS 1 THROUGH 4, BOTH INCLUSIVE, IN BLOCK 1 IN GIBBS, LADD & GEORGES ADDITION TO EVANSTON, BEING A SUBDIVISION OF A PORTION OF THE NORTHEAST ¼ OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THAT PART TAKEN FOR CHICAGO, EVANSTON AND LAKE SUPERIOR RAILROAD COMPANY BY DEED RECORDED APRIL 29, 1886 AS DOCUMENT NUMBER 711919); WHICH SURVEY IS ATTACHED AS EXHIBIT “C” TO THE DECLARATION OF CONDOMINIUM RECORDED AS DOCUMENT NUMBER 0813616034, TOGETHER WITH ITS UNDIVIDED PERCENTAGE INTEREST IN THE COMMON ELEMENTS, ALL IN COOK COUNTY, ILLINOIS. PARCEL 2: NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS FOR THE BENEFIT OF PARCEL 1 TO THE PUBLIC RIGHT OF WAY FOR THE BENEFIT OF THE COMMERCIAL PARCELS AND OTHER RIGHTS, SET FORTH IN DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RECIPROCAL EASEMENTS RECORDED NOVEMBER 17, 2005 AS DOCUMENT NO. 0532127013, OVER CERTAIN AREAS OF THE “RESIDENTIAL PROPERTY” AS DEFINED THEREIN. PARCEL 3: EASEMENT FOR INGRESS AND EGRESS FOR THE BENEFIT OF PARCEL 1 AS CREATED BY DECLARATION OF CONDOMINIUM RECORDED AS DOCUMENT NUMBER 0813616034, OVER THE NON-CONDOMINIUM PORTION OF THE COMMERCIAL BUILDING. PIN: 11-19-213-033-1001 COMMONLY KNOWN AS: 900 CHICAGO AVENUE, EVANSTON, ILLINOIS. 318 of 521 Page 1 of 3 Zoning Board of Appeals DRAFT NOT APPROVED MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, March 3, 2015 7:00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Matt Rodgers, Violetta Cullen, Mary Beth Berns, Beth McLennan, Myrna Arevalo Members Absent: Andrew Gallimore, Scott Gingold Staff Present: Melissa Klotz, Mario Treto, Lorrie Pearson Chair: Matt Rodgers Declaration of Quorum With a quorum present, Chair Rodgers called the meeting to order at 7:08 pm. Approval of Minutes The minutes from the February 3, 2015 Zoning Board of Appeals meeting were motioned for approval. Ms. Cullen made the motion and it was seconded by Ms. Arevalo. The motion was approved 4-0 with one abstaining. New Business 900 Chicago Avenue ZBA 15ZMJV-0014 Ammar Khorjiya, lessee, applies for a special use permit for a Convenience Store and accessory Type 2 Restaurant, Ad Val’s Sweet, at 900 Chicago Avenue. 900 Chicago Avenue is located in the C1a Commercial Mixed Use District, which requires a special use permit for a Convenience Store and a Type 2 Restaurant to operate (Zoning Code Section 6-10-3-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into the record. Ammar Khorjiya, lessee, explained the proposal:  Hours of operation: 8 a.m. to 9 p.m.  Consist mostly of carry-out  Seating for 8 will be provided  Maximum of 3 employees per shift  2 parking spaces provided for employees  Agrees to no parking on the street for employees  Only warming up food, no cooking on premises  Goods delivery via van through the rear of building typically (occasionally delivered through the front)  Agrees to follow Litter Collection Plan  Dumpster located at the rear  No changes to the exterior besides window signage  Have one outlet location at 2453 Devon in Chicago where bakery items are made (not sold)  Will have 1 exterior sign The ZBA entered into deliberations. 319 of 521 Page 2 of 3 Zoning Board of Appeals The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Ms. Berns motioned for approval of the proposal with the following conditions: 1. Hours of operation: 6 a.m. to 11 p.m. 2. Employees cannot park on the street. 3. Litter Collection/ Garbage Pick-Up Plan 4. The project must be in substantial compliance with the documents and testimony on record. The motion was seconded by Ms. Cullen and approved 5-0. 1622 Sherman Avenue ZBA 15ZMJV-0013 Aaron Langguth, lessee, applies for a special use permit for a Type 2 Restaurant, Epic Burger, at 1622 Sherman Avenue. 1622 Sherman Avenue is located in the D3 Downtown Core Development District, which requires a special use permit for a Type 2 Restaurant to operate (Zoning Code Section 6-11-4-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into the record. Scott Norrick, Andy Rickman, and Aaron Langguth, lessees, explained the proposal:  Epic Burger began in 2008. Currently have 7 restaurants (6 are in Chicago)  Healthy, mindful product, simple menu, environmentally conscious  More employee training, less turnover, better customer service  Hours of operation: 10:30 a.m. to 10 or 11 p.m.  8 employees per shift  Employees encouraged to utilize public transportation  Deliveries to customers by foot only  Hope to have sidewalk café  Deliveries occur 3 times per week via interior loading dock  Agrees to follow Litter Collection Plan  Exterior changes include signage and maybe new awnings  Will vent up through the roof  About 2/3 will eat-in, while the remaining 1/3 will be take-out orders  Lunch is their primary business (60% lunch, 40% dinner)  Potentially open until 11 p.m. on weekends if business is there  Will deliver to 2-block radius only (On foot by employee) The ZBA entered into deliberations. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 320 of 521 Page 3 of 3 Zoning Board of Appeals 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Ms. Berns motioned for approval of the proposal with the following conditions: 1. Hours of operation: 6 a.m. to midnight 2. Employees cannot park on the street. 3. Litter Collection/ Garbage Pick-Up Plan 4. The project must be in substantial compliance with the documents and testimony on record. The motion was seconded by Ms. Cullen and approved 5-0. Discussion ZBA Annual Report of 2014 Ms. Klotz stated that over the course of seventeen meetings in 2014, there were thirteen Type-2 Restaurants, five Commercial Indoor Recreation facilities, twenty-eight variance cases (the majority regarding setbacks), and one appeal. Ms. Berns noted that the ZBA does not have to redesign projects at the hearings because staff communicates well with the applicants and lets them know what is appropriate. Chair Rodgers thanked staff as well. He stated that it is nice to have staff available and especially legal counsel. He also noted that the Economic Development Committee is looking at how to attract more boutique retail in downtown Evanston and maybe fewer Type-2 Restaurants. The meeting was adjourned at 7:52 p.m. 321 of 521 P LANNING AND Z ONING D IVISION 847-866-2930  zoning@cityofevanston.org Community Development Department  847-448-8126  www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3700 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 March 3, 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 5-0 (B) It is in keeping with purposes and policies of the adopted comprehensive general plan and the zoning ordinance as amended from time to time; ___X___Met _____Not Met Vote 5-0 (C) It will not cause a negative cumulative effect, when its effect is considered in conjunction with the cumulative effect of various special uses of all types on the immediate neighborhood and the effect of the proposed type of special use upon the city as a whole; ___X___Met _____Not Met Vote 5-0 (D) It does not interfere with or diminish the value of property in the neighborhood; ___X___Met _____Not Met Vote 5-0 Case Number: 15ZMJV-0014 Address or Location: 900 Chicago Avenue Applicant: Ammar Khorjiya Proposed Special Use: Convenience Store and accessory Type 2 Restaurant , Ad Val’s Sweet, in C1a District 322 of 521 P LANNING AND Z ONING D IVISION 847-866-2930  zoning@cityofevanston.org Community Development Department  847-448-8126  www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3700 Evanston, IL 60201 (E) It can be adequately served by public facilities and services ___X___Met _____Not Met Vote 5-0 (F) It does not cause undue traffic congestion; ___X___Met _____Not Met Vote 5-0 (G) It preserves significant historical and architectural resources; ___X___Met _____Not Met Vote 5-0 (H) It preserves significant natural and environmental features; and ___X___Met _____Not Met Vote 5-0 (I) It complies with all other applicable regulations of the district in which it is located and other applicable ordinances, except to the extent such regulations have been modified through the planned development process or the grant of a variation. ___X___Met _____Not Met Vote 5-0 and, based upon these findings, and upon a vote __5__ in favor & __0__ against Recommends to the City Council _____ approval without conditions __x__ approval with conditions specifically: 1. Hours of operation: 6 a.m. to 11 p.m. 2. Employees cannot park on the street. 3. Litter Collection/ Garbage Pick-Up Plan 4. The project must be in substantial compliance with the documents and testimony on record. _____ denial of the proposed special use. Attending: Vote: Aye No ___X__ Mary Beth Berns __X__ ____ ___X___ Myrna Arevalo __X__ ____ 323 of 521 P LANNING AND Z ONING D IVISION 847-866-2930  zoning@cityofevanston.org Community Development Department  847-448-8126  www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3700 Evanston, IL 60201 _______ Scott Gingold _____ ____ ___X___ Beth McLennan __X__ ____ ___X___ Matt Rodgers __X__ ____ ___X___ Violetta Cullen __X__ ____ _______ Andrew Gallimore _____ ____ 324 of 521 1 Klotz, Melissa From:Ted Remus <tedremus@att.net> Sent:Tuesday, March 10, 2015 9:44 PM To:Klotz, Melissa Subject:Fw: special use permit for Convenience Store - Ad Val's Sweet - 900 Chicago Ave. Melissa, I am a 20 year resident of southeast Evanston near 900 Chicago Ave. This convenience store (Ad Val’s Sweet) has asked for a special use permit. This store will add even more commerce and congestion to this neighborhood. My concern is about the illegal parkers. Can these stores possibly be forced to have signs to warn people that there is no temporary illegal street parking. We see illegal parking happen all the time down here. I have seen signs like this in other cities. In fairness to the residents of this neighborhood, I think the city should start requiring businesses to have signs like this. The sign could say something as simple as “In fairness to our neighbors please no illegal street parking”. Thank you, Ted Remus 930 Hinman Ave. 325 of 521 For City Council meeting of March 23, 2015 Item P2 Ordinance 37-O-15 Application for a Special Use for a Type 2 Restaurant, Epic Burger, at 1622 Sherman Avenue For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Lorrie Pearson, Planning and Zoning Administrator Melissa Klotz, Zoning Planner Ellen Cholewa, Zoning Intern Subject: Ordinance 37-O-15, Granting a Special Use for a Type 2 Restaurant, Epic Burger, at 1622 Sherman Avenue Date: March 10, 2015 Recommended Action The Zoning Board of Appeals and City staff recommend adoption of Ordinance 37-O-15 granting a special use permit for a Type 2 Restaurant, Epic Burger, 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. Summary 1622 Sherman Avenue is located on the west side of Sherman Avenue, just south of Church Street in the D3 Downtown Core Development District, and is surrounded by similar commercial uses and residential uses above the ground floor. The applicant proposes to operate Epic Burger, a Type 2 Restaurant, featuring health-conscious, farm-to-table food that primarily consists of hamburgers and fries. A special use permit to operate a Type 2 Restaurant at 1622 Sherman Avenue was approved in 2013 for Protein Bar, which expired after one year when the project did not progress. Epic Burger intends to operate from 10:30 a.m. to 11 p.m. seven days a week. Four to eight employees will work per shift and will use public transportation or park in City garages. The applicant anticipates 75% of customers will dine in, while remaining orders will be carried out or delivered. Delivery will occur only within a four block radius and will be delivered on foot. Commissary deliveries and garbage pickup will occur via the loading dock within the Sherman Plaza building. The applicant has agreed to follow the City’s Litter Collection and Garbage Pickup Plans. City staff has not received Memorandum 326 of 521 objections to the proposed use at 1622 Sherman Avenue from any neighboring property owners. Neighborhood Benefit The neighborhood will benefit from having locally-known health-conscious business that will enhance the downtown by occupying a commercial space that has been vacant for more than one year, which will in turn encourage foot traffic and promote the economic vitality of the downtown. Comprehensive Plan The Evanston Comprehensive General Plan encourages the use of vacant spaces 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. Epic Burger will utilize a currently vacant commercial space and increase the variety of health-conscious food options in the downtown. Legislative History March 3, 2015: The ZBA recommended unanimous approval of the special use permit for a Type 2 Restaurant with the following conditions: 1. Must comply with Litter Collection and Garbage Pick-Up Plans 2. Hours of Operation between 6 a.m. and midnight, 7 days a week 3. Employees may not park on the street. 4. The project must be in substantial compliance of the documents and testimony on record. 327 of 521 Attachments Proposed Ordinance 37-O-15 March 3, 2015 ZBA Draft Meeting Minutes ZBA Findings March 3, 2015 ZBA Packet - http://www.cityofevanston.org/assets/03.03.15%20ZBA%20packet%20final.pdf Image of Proposed Exterior Modifications to Windows 328 of 521 3/6/2015 37-O-15 AN ORDINANCE Granting a Special Use Permit for a Type 2 Restaurant Located at 1622 Sherman Avenue in the D3 Downtown Core Development District (“Epic Burger”) WHEREAS, the Zoning Board of Appeals (“ZBA”) met on March 3, 2015, pursuant to proper notice, to consider case no. 15ZMJV-0013, an application filed by Aaron Langguth, lessee of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 1622 Sherman Avenue (the “Subject Property”) and located in the D3 Downtown Core Development District, for a Special Use Permit to establish, pursuant to Subsection 6-11-4-3 of the Evanston City Code, 2012, as amended (“the Zoning Ordinance”), a Type 2 Restaurant, “Epic Burger,” 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 March 23, 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-0013; and 329 of 521 37-O-15 ~2~ WHEREAS, at its meetings of March 23, 2015 and April 13, 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. 14ZMJV- 0013. 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. 330 of 521 37-O-15 ~3~ C. Hours of Operation: The Applicant shall operate the Type 2 Restaurant authorized by this ordinance only between the hours of 6:00 a.m. and midnight on any given day. D. Employee Parking: Employees shall not park on the street during hours of operation. 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. SECTION 4: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 8: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. 331 of 521 37-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 332 of 521 37-O-15 ~5~ EXHIBIT A LEGAL DESCRIPTION PARCEL 1: LOTS 2, 3 AND 4 IN SHERMAN PLAZA RESUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPLE MERIDIAN, IN COOK COUNTY, ILLINOIS, WHICH PLAT WAS RECORDED DECEMBER 9, 2001 AS DOCUMENT NO. 0434404084. PARCEL 2: PERPETUAL EASEMENTS FOR THE BENEFIT OF PARCEL 1 FOR SUPPORT, INGRESS AND EGRESS, AND OTHER PURPOSES AS DESCRIBED AND DEFINED IN SECTION 4 AND, FOR THE BENEFIT OF LOT 3, AS DESCRIBED AND DEFINED IN SECTION 9, OF THE RECIPROCAL EASEMENT AGREEMENT RECORDED DECEMBER 9, 2004 AS DOCUMENT NO. 0434404085. PARCEL 3: LEASEHOLD ESTATE AS CREATED BY THE LEASE BETWEEN CITY OF EVANSTON AND SHERMAN PLAZA VENTURE, LLC, (AS DISCLOSED OF RECORD BY THE MEMORANDUM THEREOF RECORDED DECEMBER 9, 2004 AS DOCUMENT NO. 0434404088), AS ASSIGNED TO SHERMAN PLAZA PARTNERS, LLC, BY ASSIGNMENT AND ASSUMPTION OF AGREEMENTS RECORDED DECEMBER 9, 2004 AS DOCUMENT NO. 0434404089, WHICH DEMISES AND LEASES THE FOLLOWING DESCRIBED PORTION OF LOT 1 IN SHERMAN PLAZA SUBDIVISION, AFORESAID, FOR A TERM COMMENCING AND EXPIRING AS THEREIN DEFINED: THAT PART OF LOT 1, AFORESAID, LYING ABOVE GROUND TIER FINISHED FLOOR ELEVATION OF 600.8, MORE OR LESS, AND BELOW SECOND TIER RAMP AND PARKING AREA FINISHED FLOOR ELEVATIONS RANGING FROM 609.83 THROUGH 623.58, MORE OR LESS, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE NORTH 00 DEGREES 21 MINUTES 30 SECONDS WEST ALONG THE W EST LINE OF SAID LOT 1, A DISTANCE OF 44.55 FEET; THENCE NORTH 89 DEGREES 40 MINUTES 27 SECONDS EAST 2.69 FEET FOR THE PLACE OF BEGINNING; THENCE NORTH 00 DEGREES 19 MINUTES 33 SECONDS W EST, 14.45 FEET; THENCE NORTH 89 DEGREES 40 MINUTES 27 SECONDS EAST, 0.67 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 33 SECONDS W EST, 3.17 FEET; THENCE SOUTH 89 DEGREES 40 MINUTES 27 SECONDS W EST, 0.67 FEET; THENCE NORTH 00 DEGREES 15 MINUTES 44 SECONDS W EST, 0.31 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 33 SECONDS WEST, 16.62 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 33 SECONDS W EST, 0.31 FEET; THENCE NORTH 89 DEGREES 40 MINUTES 27 SECONDS EAST, 0.67 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 33 SECONDS W EST, 3.17 FEET; THENCE SOUTH 89 DEGREES 40 MINUTES 27 SECONDS W EST, 0.67 FEET; THENCE NORTH 00 DEGREES 23 MINUTES 4 SECONDS WEST, 0.31 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 33 SECONDS W EST, 16.94 FEET; THENCE NORTH 80 DEGREES 40 MINUTES 27 SECONDS EAST, 0.67 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 33 SECONDS W EST, 3.17 FEET; THENCE SOUTH 89 DEGREES 40 MINUTES 27 SECONDS W EST, 0.67 FEET; THENCE NORTH 00 DEGREES 28 MINUTES 08 SECONDS WEST, 333 of 521 37-O-15 ~6~ 0.31 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 33 SECONDS W EST, 16.62 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 33 SECONDS WEST, 0.31 FEET; THENCE NORTH 89 DEGREES 40 MINUTES 27 SECONDS EAST, 0.67 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 33 SECONDS W EST, 3.17 FEET; THENCE SOUTH 89 DEGREES 40 MINUTES 27 SECONDS W EST, 0.67 FEET; THENCE NORTH 00 DEGREES39 MINUTES 06 SECONDS W EST, 0.31 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 33 SECONDS W EST, 16.62 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 33 SECONDS W EST, 0.31 FEET; THENCE NORTH 89 DEGREES 40 MINUTES 27 SECONDS EAST, 0.67 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 33 SECONDS W EST, 3.17 FEET; THENCE SOUTH 89 DEGREES 40 MINUTES 27 SECONDS W EST, 0.67 FEET; THENCE NORTH 00 DEGREES 17 MINUTES 01 SECONDS W EST, 0.31 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 33 SECONDS W EST, 16.62 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 33 SECONDS W EST, 0.31 FEET; THENCE NORTH 89 DEGREES 40 MINUTES 27 SECONDS EAST, 0.67 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 33 SECONDS W EST, 3.17 FEET; THENCE SOUTH 89 DEGREES 40 MINUTES 27 SECONDS W EST, 0.67 FEET; THENCE NORTH 00 DEGREES 11 MINUTES 41 SECONDS W EST, 0.31 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 33 SECONDS W EST, 16.62 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 33 SECONDS W EST, 0.31 FEET; THENCE NORTH 89 DEGREES 40 MINUTES 27 SECONDS EAST, 0.67 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 33 SECONDS W EST, 3.17 FEET; THENCE SOUTH 89 DEGREES 40 MINUTES 27 SECONDS W EST, 0.67 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 14 SECONDS EAST, 0.31 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 33 SECONDS W EST, 16.64 FEET; THENCE SOUTH 89 DEGREES 40 MINUTES 27 SECONDS W EST, 0.50 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 33 SECONDS W EST, 0.30 FEET; THENCE NORTH 89 DEGREES 40 MINUTES 27 SECONDS EAST, 2.17 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 33 SECONDS WEST, 1.08 FEET; THENCE NORTH 89 DEGREES 40 MINUTES 27 SECONDS EAST, 6.90 FEET; THENCE SOUTH 34 DEGREES 57 MINUTES 00 SECONDS EAST, 16.32 FEET; THENCE SOUTH 00 DEGREES 19 MINUTES 33 SECONDS EAST, 47.82 FEET; THENCE NORTH 89 DEGREES 40 MINUTES 27 SECONDS EAST, 15.00 FEET; THENCE SOUTH 00 DEGREES 19 MINUTES 33 SECONDS EAST, 13.71 FEET; THENCE NORTH 89 DEGREES 40 MINUTES 27 SECONDS EAST, 1.00 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 33 SECONDS WEST, 0.08 FEET; THENCE NORTH 89 DEGREES 40 MINUTES 27 SECONDS EAST, 37.70 FEET; THENCE SOUTH 00 DEGREES 19 MINUTES 23 SECONDS EAST, 26.40 FEET; THENCE SOUTH 89 DEGREES 40 MINUTES 27 SECONDS WEST, 0.33 FEET; THENCE SOUTH 00 DEGREES 19 MINUTES 33 SECONDS EAST, 0.60 FEET; THENCE NORTH 89 DEGREES 40 MINUTES 27 SECONDS EAST, 6.47 FEET; THENCE SOUTH 00 DEGREES 19 MINUTES 33 SECONDS EAST, 19.36 FEET; THENCE SOUTH 89 DEGREES 36 MINUTES 33 SECONDS W EST, 0.25 FEET; THENCE SOUTH 00 DEGREES 19 MINUTES 33 SECONDS EAST, 1.50 FEET; THENCE NORTH 89 DEGREES 40 MINUTES 27 SECONDS EAST, 0.25 FEET; THENCE SOUTH 00 DEGREES 19 MINUTES 33 SECONDS EAST, 18.92 FEET; THENCE SOUTH 89 DEGREES 40 MINUTES 27 SECONDS W EST, 0.25 FEET; THENCE SOUTH 00 DEGREES 19 MINUTES 33 SECONDS EAST, 1.50 FEET; THENCE NORTH 89 DEGREES 40 MINUTES 27 SECONDS EAST, 0.25 FEET; THENCE SOUTH 00 DEGREES 19 MINUTES 33 SECONDS EAST, 18.92 FEET; THENCE SOUTH 89 DEGREES 40 MINUTES 27 SECONDS W EST, 0.25 FEET; THENCE SOUTH 00 DEGREES 19 MINUTES 33 SECONDS EAST, 1.50 FEET; THENCE NORTH 89 DEGREES 40 MINUTES 27 SECONDS EAST, 0.25 FEET; THENCE SOUTH 00 DEGREES 19 MINUTES 33 SECONDS EAST, 19.58 FEET; THENCE SOUTH 00 DEGREES 19 MINUTES 33 SECONDS EAST, 0.04 FEET; THENCE SOUTH 27 DEGREES 41 MINUTES 23 SECONDS W EST, 19.40 FEET; THENCE SOUTH 89 334 of 521 37-O-15 ~7~ DEGREES 40 MINUTES 27 SECONDS WEST, 10.43 FEET; THENCE SOUTH 89 DEGREES 40 MINUTES 27 SECONDS W EST, 0.29 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 33 SECONDS W EST, 0.67 FEET; THENCE SOUTH 89 DEGREES 40 MINUTES 27 SECONDS W EST, 4.00 FEET; THENCE SOUTH 00 DEGREES 19 MINUTES 33 SECONDS EAST, 0.67 FEET; THENCE SOUTH 89 DEGREES 20 MINUTES 58 SECONDS W EST, 0.29 FEET; THENCE SOUTH 89 DEGREES 40 MINUTES 27 SECONDS W EST, 14.58 FEET; THENCE SOUTH 89 DEGREES 40 MINUTES 27 SECONDS W EST, 0.29 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 33 SECONDS WEST, 0.67 FEET; THENCE SOUTH 89 DEGREES 40 MINUTES 27 SECONDS W EST, 3.17 FEET; THENCE SOUTH 00 DEGREES 19 MINUTES 33 SECONDS EAST, 1.04 FEET; THENCE SOUTH 89 DEGREES 33 MINUTES 59 SECONDS W EST, 0.04 FEET; THENCE SOUTH 89 DEGREES 40 MINUTES 27 SECONDS W EST, 0.21 FEET; THENCE NORTH 06 DEGREES 39 MINUTES 58 SECONDS WEST, 0.38 FEET; THENCE SOUTH 89 DEGREES 40 MINUTES 27 SECONDS W EST, 12.62 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 33 SECONDS W EST, 0.67 FEET; THENCE SOUTH 89 DEGREES 40 MINUTES 27 SECONDS W EST, 1.67 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 33 SECONDS W EST, 36.50 FEET; THENCE NORTH 89 DEGREES 40 MINUTES 27 SECONDS EAST, 1.67 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 33 SECONDS W EST, 2.67 FEET; THENCE SOUTH 89 DEGREES 40 MINUTES 27 SECONDS WEST, 1.67 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 33 SECONDS W EST, 2.04 FEET; THENCE NORTH 86 DEGREES 50 MINUTES 50 SECONDS W EST, 0.17 FEET; THENCE SOUTH 89 DEGREES 40 MINUTES 27 SECONDS W EST, 20.75 FEET TO THE PLACE OF BEGINNING. PARCEL 4: PERPETUAL EASEMENTS FOR THE BENEFIT OF PARCEL 3 FOR SUPPORT, INGRESS AND EGRESS, AND OTHER PURPOSES AS DESCRIBED AND DEFINED IN SECTION 3 OF THE RECIPROCAL EASEMENT AGREEMENT RECORDED DECEMBER 9, 2004 AS DOCUMENT NO. 0434404085. PARCEL 5: LEASEHOLD ESTATE AS CREATED BY THE RETAIL PARKING LEASE BETWEEN CITY OF EVANSTON AND SHERMAN PLAZA PARTNERS, LLC, RECORDED DECEMBER 9, 2004 AS DOCUMENT NO. 0434404092, WHICH DEMISES AND LEASES THE FOLLOWING FOR A TERM COMMENCING ON THE COMMENCEMENT DATE AS DEFINED THEREIN AND TERMINATING UPON THE 40TH ANNIVERSARY THEREOF: “…SUFFICIENT UNASSIGNED AND UNRESERVED AUTOMOBILE PARKING SPACES TO COMPLY WITH THE CITY OF EVANSTON’S ZONING ORDINANCE, AS THAT ORDINANCE MAY BE MODIFIED FROM TIME TO TIME, LOCATED AT THE PLANNED NEW PUBLIC PARKING GARAGE LOCATED…” ON LOT 1 IN SHERMAN PLAZA SUBDIVISION, AFORESAID. PINS: 11-18-304-030-0000 11-18-304-031-0000 COMMONLY KNOWN AS: 1622 SHERMAN AVENUE, EVANSTON, ILLINOIS. 335 of 521 Page 1 of 3 Zoning Board of Appeals DRAFT NOT APPROVED MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, March 3, 2015 7:00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Matt Rodgers, Violetta Cullen, Mary Beth Berns, Beth McLennan, Myrna Arevalo Members Absent: Andrew Gallimore, Scott Gingold Staff Present: Melissa Klotz, Mario Treto, Lorrie Pearson Chair: Matt Rodgers Declaration of Quorum With a quorum present, Chair Rodgers called the meeting to order at 7:08 pm. Approval of Minutes The minutes from the February 3, 2015 Zoning Board of Appeals meeting were motioned for approval. Ms. Cullen made the motion and it was seconded by Ms. Arevalo. The motion was approved 4-0 with one abstaining. New Business 900 Chicago Avenue ZBA 15ZMJV-0014 Ammar Khorjiya, lessee, applies for a special use permit for a Convenience Store and accessory Type 2 Restaurant, Ad Val’s Sweet, at 900 Chicago Avenue. 900 Chicago Avenue is located in the C1a Commercial Mixed Use District, which requires a special use permit for a Convenience Store and a Type 2 Restaurant to operate (Zoning Code Section 6-10-3-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into the record. Ammar Khorjiya, lessee, explained the proposal:  Hours of operation: 8 a.m. to 9 p.m.  Consist mostly of carry-out  Seating for 8 will be provided  Maximum of 3 employees per shift  2 parking spaces provided for employees  Agrees to no parking on the street for employees  Only warming up food, no cooking on premises  Goods delivery via van through the rear of building typically (occasionally delivered through the front)  Agrees to follow Litter Collection Plan  Dumpster located at the rear  No changes to the exterior besides window signage  Have one outlet location at 2453 Devon in Chicago where bakery items are made (not sold)  Will have 1 exterior sign The ZBA entered into deliberations. 336 of 521 Page 2 of 3 Zoning Board of Appeals The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Ms. Berns motioned for approval of the proposal with the following conditions: 1. Hours of operation: 6 a.m. to 11 p.m. 2. Employees cannot park on the street. 3. Litter Collection/ Garbage Pick-Up Plan 4. The project must be in substantial compliance with the documents and testimony on record. The motion was seconded by Ms. Cullen and approved 5-0. 1622 Sherman Avenue ZBA 15ZMJV-0013 Aaron Langguth, lessee, applies for a special use permit for a Type 2 Restaurant, Epic Burger, at 1622 Sherman Avenue. 1622 Sherman Avenue is located in the D3 Downtown Core Development District, which requires a special use permit for a Type 2 Restaurant to operate (Zoning Code Section 6-11-4-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into the record. Scott Norrick, Andy Rickman, and Aaron Langguth, lessees, explained the proposal:  Epic Burger began in 2008. Currently have 7 restaurants (6 are in Chicago)  Healthy, mindful product, simple menu, environmentally conscious  More employee training, less turnover, better customer service  Hours of operation: 10:30 a.m. to 10 or 11 p.m.  8 employees per shift  Employees encouraged to utilize public transportation  Deliveries to customers by foot only  Hope to have sidewalk café  Deliveries occur 3 times per week via interior loading dock  Agrees to follow Litter Collection Plan  Exterior changes include signage and maybe new awnings  Will vent up through the roof  About 2/3 will eat-in, while the remaining 1/3 will be take-out orders  Lunch is their primary business (60% lunch, 40% dinner)  Potentially open until 11 p.m. on weekends if business is there  Will deliver to 2-block radius only (On foot by employee) The ZBA entered into deliberations. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 337 of 521 Page 3 of 3 Zoning Board of Appeals 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Ms. Berns motioned for approval of the proposal with the following conditions: 1. Hours of operation: 6 a.m. to midnight 2. Employees cannot park on the street. 3. Litter Collection/ Garbage Pick-Up Plan 4. The project must be in substantial compliance with the documents and testimony on record. The motion was seconded by Ms. Cullen and approved 5-0. Discussion ZBA Annual Report of 2014 Ms. Klotz stated that over the course of seventeen meetings in 2014, there were thirteen Type-2 Restaurants, five Commercial Indoor Recreation facilities, twenty-eight variance cases (the majority regarding setbacks), and one appeal. Ms. Berns noted that the ZBA does not have to redesign projects at the hearings because staff communicates well with the applicants and lets them know what is appropriate. Chair Rodgers thanked staff as well. He stated that it is nice to have staff available and especially legal counsel. He also noted that the Economic Development Committee is looking at how to attract more boutique retail in downtown Evanston and maybe fewer Type-2 Restaurants. The meeting was adjourned at 7:52 p.m. 338 of 521 P LANNING AND Z ONING D IVISION 847-866-2930  zoning@cityofevanston.org Community Development Department  847-448-8126  www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3700 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 March 3, 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 5-0 (B) It is in keeping with purposes and policies of the adopted comprehensive general plan and the zoning ordinance as amended from time to time; ___X___Met _____Not Met Vote 5-0 (C) It will not cause a negative cumulative effect, when its effect is considered in conjunction with the cumulative effect of various special uses of all types on the immediate neighborhood and the effect of the proposed type of special use upon the city as a whole; ___X___Met _____Not Met Vote 5-0 (D) It does not interfere with or diminish the value of property in the neighborhood; ___X___Met _____Not Met Vote 5-0 Case Number: 15ZMJV-0013 Address or Location: 1622 Sherman Avenue Applicant: Aaron Langguth Proposed Special Use: Type 2 Restaurant , Epic Burger, in D3 District 339 of 521 P LANNING AND Z ONING D IVISION 847-866-2930  zoning@cityofevanston.org Community Development Department  847-448-8126  www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3700 Evanston, IL 60201 (E) It can be adequately served by public facilities and services ___X___Met _____Not Met Vote 5-0 (F) It does not cause undue traffic congestion; ___X___Met _____Not Met Vote 5-0 (G) It preserves significant historical and architectural resources; ___X___Met _____Not Met Vote 5-0 (H) It preserves significant natural and environmental features; and ___X___Met _____Not Met Vote 5-0 (I) It complies with all other applicable regulations of the district in which it is located and other applicable ordinances, except to the extent such regulations have been modified through the planned development process or the grant of a variation. ___X___Met _____Not Met Vote 5-0 and, based upon these findings, and upon a vote __5__ in favor & __0__ against Recommends to the City Council _____ approval without conditions __x__ approval with conditions specifically: 1. Hours of operation: 6 a.m. to midnight. 2. Employees cannot park on the street. 3. Litter Collection/ Garbage Pick-Up Plan. 4. The project must be in substantial compliance with the documents and testimony on record. _____ denial of the proposed special use. Attending: Vote: Aye No ___X__ Mary Beth Berns __X__ ____ ___X___ Myrna Arevalo __X__ ____ 340 of 521 P LANNING AND Z ONING D IVISION 847-866-2930  zoning@cityofevanston.org Community Development Department  847-448-8126  www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3700 Evanston, IL 60201 _______ Scott Gingold _____ ____ ___X___ Beth McLennan __X__ ____ ___X___ Matt Rodgers __X__ ____ ___X___ Violetta Cullen __X__ ____ _______ Andrew Gallimore _____ ____ 341 of 521 342 of 521 For City Council meeting of March 23, 2015 Item P3 Ordinance 22-O-15: Fence Regulations For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Lorrie Pearson, Planning and Zoning Administrator Melissa Klotz, Zoning Planner Ellen Cholewa, Zoning Intern Subject: Ordinance 22-O-15 Zoning Ordinance Text Amendment to Section 6-4-6-7, Special Regulations Applicable to Fences and Section 6-18-3, Definitions regarding zoning regulations for Fences and Invisible Pet Fences 15PLND-0009 Date: March 12, 2015 Recommended Action: The Plan Commission and staff recommend approval of the Zoning Ordinance Text Amendment to modify Section 6-4-6-7, Special Regulations Applicable to Fences and Section 6-18-3, Definitions regarding zoning regulations for Invisible Pet Fences. Summary Proposed Amendment Regarding Fence in Street Side yards Section 6-4-6-7, Special Regulations Applicable to Fences of the Zoning Ordinance currently prohibits fences in required street side yards of all properties. The required 15-foot street side yard setback is overly burdensome for residentially zoned properties that often do not exceed 30 feet in width and has resulted in the proliferation of fence variation requests for corner lots. In 2013, 15 applications for fence variations in street side yards were applied for, all of which were approved. In 2014, 16 applications for fence variations in street side yards were applied for, all of which were also approved. Fences in street side yards are often requested because of the lack of privacy in rear yards on corner lots and minimal lot widths. With the current 15-foot setback requirement from the street side yard property line, owners of corner lots are often unable to fence in a reasonably usable area that meets all fence requirements in the Zoning Ordinance. Staff is proposing to allow fences (up to 6 feet high and 100% opacity) within the required street side yard provided a two-foot setback is maintained with a requirement for landscaping between the fence and the property line. Memorandum 343 of 521 To mitigate safety concerns where driveways exit onto street side yards, staff proposes an eight-foot sight triangle requirement bordering driveways and property lines similar to the sight triangle requirements for street and/or alley intersections (see images below). Within the sight triangle, fences could not exceed four feet in height and could not exceed 70% opacity. Existing Regulations Proposed Regulation As indicated in the Memorandum to Plan Commission, most neighboring communities allow fences within street side yards with similar sight triangle requirements around driveways. Staff’s proposal for landscaping requirement within the two-foot setback is unique, but would address aesthetics and curb appeal. Proposed Amendment Regarding Invisible Pet Fences The request for regulations of invisible pet fences originated as an Aldermanic reference from the 6th Ward Alderman. Invisible pet fences are used to restrain animals using a wireless device or underground wire that will deliver a mild, electric shock to the animal wearing a corresponding collar as it nears a set boundary. The pet fences are not regulated by the Zoning Ordinance allowing property owners to install them without the need for a permit. While pets must be restrained at all times on a public way (i.e. with a leash), if an invisible pet fence is installed too close to the front property line, it may not prevent conflicts between pets on private properties and those on public sidewalks. Staff is proposing the following regulations for invisible pet fences: Definition: Regulation Permit required An electronic system designed to keep a pet or other domestic animal within a set of predefined boundaries without the use of a visible barrier. 6-ft. setback required along a public right-of- way. 0-ft. setback required along other lot lines. Yes The six-foot setback requirement for lot lines abutting a public right-of-way will help distance dogs on the sidewalk from those being restrained by the invisible barrier. The setback will also allow time for dog walkers to rein in their pets before an incident could occur. The proposed 0-foot setback along other lot lines allows owners to maximize their side and rear yards. Adjacent homeowners would be aware of any pets living next door and can take the necessary precautions if they have animals of their own. Most surrounding communities do not regulate invisible pet fences. Per the staff’s Memorandum to Plan Commission, the communities that do regulate invisible pet fences require similar setbacks along public ways and may include a requirement for a sign to be posted if such fence is installed. 344 of 521 Standards of Approval The proposed Zoning Ordinance Text Amendment meets the standards for approval of amendments per Section 6-3-4-5 of the City Code. The proposal is consistent with the Comprehensive General Plan’s objective to maintain the appealing character of Evanston’s neighborhoods while guiding their change. Given the high number of variance requests for fences in street side yards, as well as the increasing number of invisible pet fences throughout the community, the proposed regulations are necessary and will address the changes occurring in residential neighborhoods. Legislative History February 11, 2015 – The Plan Commission unanimously recommended approval of the proposed text amendment regarding the fences in side yards. The Commission recommended approval of the proposed Invisible Pet Fence regulations by a vote of 5- 2. Attachments Proposed Ordinance 22-O-15 Plan Commission Minutes 02/11/2015 Plan Commission Packet for 02/11/2015 345 of 521 1/26/2015 22-O-15 AN ORDINANCE Amending the Text of the Zoning Ordinance Regarding Fence Regulations WHEREAS, on February 11, 2015, the Plan Commission held a public hearing, pursuant to proper notice, regarding case no. 15PLND-0009 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 zoning regulations applicable to fences and the creation of zoning regulations applicable to invisible pet fences; 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 amendments met the standards for text amendments, and recommended City Council approval thereof; and WHEREAS, at its meeting of March 23, 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-0009 and recommended City Council approval thereof; and WHEREAS, at its meetings of March 23, 2015 and April 13, 2015, the City Council considered and adopted the records and recommendations of the Plan Commission and the Planning and Development Committee, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: 346 of 521 22-O-15 ~2~ SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: Section 6-4-6-7-(E) of the Zoning Ordinance is hereby amended to read as follows: (E) Sight Distance Required: Any person erecting, constructing, installing, or replacing a fence shall ensure that adequate sight distance is provided at the intersection of two (2) streets, two (2) alleys, or a street and an alley, or a property line and a driveway that leads to a street. Sight Distance is required as stated in Table (E)-1: To accomplish said objective, no fence shall exceed a height of thirty (30) inches when said fence is located within twenty (20) feet of a street and street intersection or a street and alley intersection as measured in Figure 6-4-6-7(E) of this Section. Similarly, no fence shall exceed a height of thirty (30) inches when said fence is located within three (3) feet of an alley and alley intersection. Table (E)-1 Intersection Sight Triangle Size Measured From Maximum Height within Sight Triangle Maximum Opacity within Sight Triangle 2 Streets 20’ x 20’ Edge of curbs 2.5’ Any 2 Alleys 3’ x 3’ Edge of property lines 2.5’ Any Street & Alley 20’ x 20’ Edge of curb (street) & property line (alley) 2.5’ Any Property Line & Driveway (that leads to a street) 8’ x 8’ Edge of driveway & property line 4’ 70% 347 of 521 22-O-15 ~3~ Figure 6-4-6-7-(E) Measuring Sight Distance Requirements for Fences at Intersections & Driveways SECTION 3: Section 6-4-6-7-(F)2, of the Zoning Ordinance is hereby amended to read as follows: 2. Permitted Fence Location: The permitted locations for fences accessory to the uses listed in this Subsection (F) are: (a) Required front yard, provided: (1) The required front yard is adjacent to a type 1 street; and (2) Wood, wood polymer lumber, wrought iron, or PVC fences shall have a maximum fence opacity of seventy percent (70%); (b) Required street side yard, provided: (1) The required street side yard is adjacent to a type 1 street; and (2) Wood, wood polymer lumber, wrought iron, or PVC fences shall have a maximum fence opacity of seventy percent (70%); (1) A two (2) foot setback from the property line is maintained; (2) The required setback is landscaped with foundation plantings; and (3) Any fence located in the required street side yard shall be set back from any front-facing façade of the principal building by three (3) feet, unless said fence is connected to a portion of fence permissibly located within the required front yard. (c) Required interior side yard, provided any fence located within a required interior side yard shall be set back from any front-facing facade of the principal building by three (3) feet unless said fence is 348 of 521 22-O-15 ~4~ connected to a portion of fence permissibly located within the required front yard or required street side yard; (d) Required rear yard; and (e) Building envelope, provided any fence located within the building envelope shall be set back from any front-facing facade of the principal building by three (3) feet, unless said fence is connected to a portion of fence permissibly located within the required front yard or required street side yard. SECTION 4: Section 6-4-6-7-(F)3, of the Zoning Ordinance is hereby amended to read as follows: 3. Permitted Fence Height: Fences accessory to the uses listed in this Subsection (F) shall not exceed six (6) feet in height, except: (a) Fences shall not exceed four (4) feet in height when located within the area between a front lot line and three (3) feet behind any front-facing facade of the principal building or when located within a required street side yard, unless said fence is located as described in Subsection (F)3(b) of this Section, permitting the fence to not exceed eight (8) feet in height; (b) Fences shall not exceed eight (8) feet in height when located within a required interior side yard or required rear yard and when the lot line associated with said required yard or an abutting alley is a boundary between a residential use and a nonresidential use; (c) Temporary construction fences shall not exceed eight (8) feet in height, provided the applicant conforms with Section 6-4-8-4 of this Chapter; and (d) Open mesh type fences accessory to parks, recreational areas, and school sites shall have no height restrictions. SECTION 5: Section 6-4-6-7-(H), of the Zoning Ordinance is hereby amended to read as follows: (H) Permitting Fences Within Required Front And Required Street Side Yards: The City Council may designate residentially zoned properties along certain streets or portions thereof as appropriate locations for fences within the required front and required street side yards. These certain streets or portions thereof are designated "type 1 streets." Title 4, Chapter 19 of this code (designating type 1 streets) sets forth the process for designating a street or portion thereof as a type 1 street and contains a list of type 1 designated streets. 349 of 521 22-O-15 ~5~ SECTION 6: Section 6-4-6-7, of the Zoning Ordinance is hereby amended to add subsection 6-4-6-7(J) as follows: (J) Invisible Pet Fences: An invisible pet fence shall be permitted provided the following: 1. All invisible pet fences shall be set back a minimum of six feet from any property line abutting any public right-of-way or street line. 2. Any invisible pet fence may be located on or adjacent to any rear lot line not abutting a public alleyway, or any side lot line not abutting a street line, without any required setback. SECTION 7: Section 6-18-3, of the Zoning Ordinance is hereby amended to include the following definition: INVISIBLE PET FENCE An electronic system designed to keep a pet or other domestic animal within a set of predefined boundaries without the use of a visible barrier. 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 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 10: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 11: 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. 350 of 521 22-O-15 ~6~ Introduced:_________________, 2015 Adopted:___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 351 of 521 Approved March 11, 2015 Page 1 of 3 Plan Commission Minutes 02/11/2015 MEETING MINUTES PLAN COMMISSION Wednesday, February 11, 2015 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Jim Ford (Chair), Scott Peters, Richard Shure, Colby Lewis, Terri Dubin, Carol Goddard, Lenny Asaro Members Absent: Kwesi Steele, Andrew Pigozzi Associate Members Present: Stuart Opdycke Associate Members Absent: David Galloway, Seth Freeman Staff Present: Damir Latinovic, Neighborhood and Land Use Planner Lorrie Pearson, Planning and Zoning Administrator Johanna Nyden, Economic Development Division Manager 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. and explained the general meeting procedure, schedule, agenda items, time limits on public testimony and opportunities for cross examination of witnesses. Chairman Ford concluded the opening statement 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-0009 Fence Regulations A Zoning Ordinance Text Amendment, pursuant to City Code Title 6, Zoning § 6- 4-6-7, Special Regulations Applicable to Fences, regarding zoning regulations for Fences and Invisible Pet Fences, and City Code § 6-18-3, Definitions, to establish a zoning land use definition for invisible pet fences. Mr. Latinovic presented the staff report. He explained that street side yard setbacks of 15’ and that fences are not allowed in the street side yard according to the Zoning Ordinance. Most existing housing stock in Evanston is nonconforming, and therefore, side yard requirements can be difficult to meet. For fences, these requirements are inconvenient for property owners and result in numerous minor variances per year, all 352 of 521 Approved March 11, 2015 Page 2 of 3 Plan Commission Minutes 02/11/2015 of which get approved. He then explained the proposed regulations and how they satisfy the Standards. Discussion followed on how these proposed regulations would affect solid fences as opposed to tall bushes for screening purposes. Mr. Latinovic then explained that currently Evanston does not have clear regulations regarding invisible pet fences. Regulations are necessary due to fences not being permitted in front yards and the potential for conflicts between pets on private property and pets on public rights-of-way. He then explained the proposed regulations and how they satisfy the Standards. Commissioner Shure asked if a permit would be required, to which Mr. Latinovic said yes. Commissioner Shure stated that he likes the idea, but doubted property owners would inform the city, and therefore, this proposal may be ineffective. Mr. Latinovic explained that regulations for invisible pet fences will primarily serve as something to fall back on if a conflict were to arise. Commissioner Peters noted that he has witnessed large dogs charging up to lot lines and sometimes an invisible fence does not adequately restrain an excited dog. Commissioner Lewis stated that he understood where the issue of safety is concerned. He then raised the questions of how invisible pet fences would be enforced and if these regulations would cause undue burden to property owners. He also wondered if invisible pet fences could actually be considered fences. Commissioner Dubin stated that setbacks could help separate animals, but it would be difficult to prove who would be at fault should conflicts arise. Commissioner Asaro stated that he did not believe an invisible pet fence would fall under the definition of fence. If they allow invisible pet fences in the front yard, a case could be made that more effective, visible fences should be allowed in the front yard. Mr. Treto clarified that invisible pet fences would be specifically defined by the Zoning Ordinance under this proposal. Commissioner Shure suggested that Animal Safety Control be consulted on this matter. Chairman Ford suggested that the board split the recommendation on the proposal to vote on side yard fences and invisible pet fences separately. Commissioner Goddard motioned to approve fences in side yards as proposed. Commissioner Shure seconded the motion. A voice vote was taken and the motion was approved 7-0. 353 of 521 Approved March 11, 2015 Page 3 of 3 Plan Commission Minutes 02/11/2015 Commissioner Peters stated that corner lots or backyards abutting streets are more problematic than front yards for invisible pet fences. Mr. Treto clarified that proposed setback regulations for invisible pet fences would apply to any property line abutting a public right-of-way, including side yards on corner lots. Discussion followed about how fences are defined, the rationale behind prohibiting fences in the front yard, and how the City would regulate invisible pet fences and what penalties would be for noncompliance? Mr. Latinovic clarified that enforcement may be complaint-based. Ms. Pearson clarified that noncompliance would most likely result in requesting the property owner to obtain a fence permit and pay the permit fee. Commissioner Peters motioned to approve invisible pet fences as proposed. Commissioner Goddard seconded the motion. The motion was approved by Roll Call 5-2. Ayes: Commissioners Peters, Goddard, Asaro, Dubin and Lewis Nays: Chairman Ford and Commissioner Shure …. 6. ADJOURNMENT There being no further discussion, Commissioner Asaro made a motion to adjourn the meeting. Commissioner Peters seconded the motion. A voice vote was taken and the motion was approved by voice call 7-0. The meeting was adjourned at 8:20 pm. Respectfully Submitted, Damir Latinovic Neighborhood and Land Use Planner Community Development Department 354 of 521 PLAN COMMISSION CASE # 15PLND-0009 Zoning Ordinance Text Amendment Fence Regulations 355 of 521 1 | P a g e To: Chair and Members of the Plan Commission From: Mark Muenzer, Director of Community Development Lorrie Pearson, Planning and Zoning Administrator Melissa Klotz, Zoning Planner Ellen Cholewa, Zoning Intern Subject: Zoning Ordinance Text Amendment Amendment to Section 6-4-6-7, Special Regulations Applicable to Fences and Section 6-18-3, Definitions regarding zoning regulations for Fences and Invisible Pet Fences 15PLND-0009 Date: January 27, 2015 Request Staff recommends approval of the Zoning Ordinance Text Amendment to modify Section 6-4-6-7, Special Regulations Applicable to Fences and Section 6-18-3, Definitions regarding zoning regulations for Fences and Invisible Pet Fences. Notice The Application has been filed in conformance with applicable procedural and public notice requirements. Analysis Background City staff raised concern regarding the prohibition of fences in required street side yards and the proliferation of fence variances that are applied for and often granted. Additionally, clarification is needed regarding zoning regulations for invisible pet fences. Proposal Overview – Fences in Street Side Yards of Corner Lots Section 6-4-6-7, Special Regulations Applicable to Fences of the Zoning Ordinance currently prohibits fences in required street side yards of all properties. The 15’ required street side yard setback is overly burdensome for residentially zoned properties and has resulted in the proliferation of fence variance requests for corner lots. Fences in street side yards are often requested because of the lack of privacy in rear yards on corner lots and minimal lot widths. Street side yards typically run the length of a property, so properties often feature a depth from the street side yard of 30-35’. With the current 15’ setback requirement from the street side yard property line, corner lots Memorandum 356 of 521 2 | P a g e are often unable to fence in a reasonably usable area that meets the fence requirements in the Zoning Ordinance. Typical corner property and the impact of the current 15’ stre et side yard setback requirement for fences: On this typical corner property, the compliant location for a fence nearly splits the back yard in half, leaving a fenced in area of approximately 25’ x 45’ with a concrete walk through the fenced area. This type of property often requests a variance to locate fencing closer to the street side yard property line within the required 15’ setback. In 2013, 15 applications for fence variances in street side yards were applied for, all of which were approved. In 2014, 16 applications for fence variances in street side yards were applied for, which were also all approved. Approval of these variances were often contingent on minor modifications to the original request to lower the requested height , decrease the opacity, or minimally increase the distance from the property line to ensure adequate sight lines were maintained for vehicular and pedestrian safety. Landscaping between the fence and property line were sometimes required to minimize the visual impact from the street. Staff recommends allowing fences within the 15’ required street side yard setback. To decrease the visual impact from the street, staff recommends a 2’ setback is required for fences in street side yards, with landscaping required for the length of the fencing between the fence and property line. To mitigate safety concerns where driveways exit onto street side yards, staff proposes an 8’ sight triangle requirement bordering driveways and property lines similar to the sight triangle requirements for street and/or alley intersections (see images below). Within the sight triangle, fences could not exceed 4’ in height and could not exceed 70% opacity. The proposed height and opacity regulations mimic the regulations for front yard fences where they are permitted along Type 1 Streets as stated in the Zoning Ordinance. When not within the sight triangle, fences within the 15’ required street side yard setback would be permitted up to 6’ in height and 100% opacity (solid fences). Sight triangles would then be regulated as follows (modifications to Zoning Ordinance highlighted): Street Side Yard 15’ setback 357 of 521 3 | P a g e Intersection Sight Triangle Size Measured From Maximum Height within Sight Triangle Maximum Opacity within Sight Triangle 2 Streets 20’ x 20’ Edge of curbs 2.5’ Any 2 Alleys 3’ x 3’ Edge of property lines 2.5’ Any Street & Alley 20’ x 20’ Edge of curb (street) & property line (alley) 2.5’ Any Property Line & Driveway (that leads to a street) 8’ x 8’ Edge of driveway & property line 4’ 70% Sight triangles are described in diagram form as follows: Regulations in Other Municipalities Staff has researched the regulation of fences on corner properties in similar surrounding communities. The comparison between the communities is summarized in the table below. Community City Code Regulations Regulation Description Wilmette, IL Permitted in street side yards Maximum 4’ height and 50% opacity; maximum 6.5’ height permitted along certain streets (i.e. Sheridan Road); 3’ setback required if fence has footings Chicago, IL Permitted in street side yards Maximum 6’ height and no opacity requirement or maximum 8’ height and maximum 50% opacity or maximum height equal to the distance from the fence to the (existing regulation) (existing regulation) (proposed regulation) 358 of 521 4 | P a g e property line (up to 8’) with no opacity requirement Skokie, IL Not permitted in street side yards Street side yard setback is 17’, but reduced accordingly on lots substandard in width to achieve a buildable area not less than 20’ across. Highland Park, IL Permitted in street side yards Maximum 6’ height Oak Park, IL Permitted in street side yards Maximum 5’ height and 50% opacity or maximum 6’ height and no opacity requirement with 15’ setback Naperville, IL Permitted in street side yards Maximum 3’ height within street side yard setback (varies 15’-30’ setback) or maximum 4’ height with maximum 70% opacity Most neighboring communities allow fences in street side yards but have a combination of requirements for setbacks and/or opacity requirements similar to the staff proposal for Evanston. Staff’s proposal is unique in requiring landscaping within the setback as a way of addressing aesthetics and curb appeal. Other communities typically have sight triangle requirements for fencing near intersecting right-of-ways. However, none of the communities researched regulate sight triangles adjacent to driveways as is proposed by staff. Proposal Overview – Invisible Pet Fences The second part of the proposed amendment addresses invisible pet fences. Invisible pet fences are used to restrain animals using a wireless device or underground wire that will deliver a mild, electric shock to the animal wearing a corresponding collar as it nears a set boundary. These devices are popular among pet owners and serve to restrain the animal while maintaining the aesthetic appeal that may be lost with fencing or other barriers. Currently, invisible pet fences are not regulated by the Zoning Ordinance. Pet owners have been allowed to install these devices on their property without permits and without any regulation. Invisible Pet Fences have proven effective in restraining animals wearing the shock collar, however, animals not wearing the collar are unaffected by the defined boundaries. As such, the proximity of an invisible pet fence to a public sidewalk may not adequately restrain the animals from one another. A couple incidents have raised concerns about the ability of invisible pet fences to protect animals from one another. To address this issue, staff recommends that a zoning definition for Invisible Pet Fences be adopted to allow for specific regulations pertinent to such use. Staff is proposing the following definition: 359 of 521 5 | P a g e Invisible Pet Fence- an electronic system designed to keep a pet or other domestic animal within a set of predefined boundaries without the use of a visible barrier. Staff recommends that invisible pet fences be permitted provided that all invisible pet fences shall be set back a minimum of six feet from any property line abutting any public right-of-way or street line. The six-foot setback requirement will help distance dogs walking on the sidewalk from those being restrained by the invisible barrier. The setback will also allow time for pet owners or dog walkers to rein in their pets before an incident could occur. Secondly, any invisible pet fence may be located on or adjacent to any rear lot line not abutting a public alleyway, or any side lot line not abutting a street line, without any required setback. This will allow for the invisible pet fence to run along the property lines without an imposed setback in the rear yard. Adjacent homeowners would be aware of any pets living next door and can take the necessary precautions if they have animals of their own. Regulations in Other Municipalities Staff has researched invisible pet fences for residential uses in similar surrounding communities and comparable communities around the country. All other communities in the area do not specifically regulate invisible pet fences. Invisible pet fences are typically treated like other fences or they are permitted and do not require signage. Of the communities that did regulate invisible pet fences, the regulations varied significantly. The comparison between the communities is summarized in the table below. Community City Code Regulations Regulation Description Wilmette, IL No Invisible fencing is permitted and treated like any other fence. No signage is required. Chicago, IL No *Invisible fencing is not regulated. Skokie, IL No Invisible fencing is acceptable in any yard, so long as any yard obstructions are approved. Signage is not required. No complaints have been filed. Highland Park, IL No Invisible fencing is permitted on private property. No signage is required. Oak Park, IL No Invisible fencing has never needed to be addressed. Naperville, IL No Invisible fencing is not regulated. Elkhart, IN Yes Invisible fencing is permitted and must be setback 3'. Signage is required. 360 of 521 6 | P a g e Hampshire, IL Yes Invisible fencing is permitted, so long as a setback of 5' is maintained from front and street adjacent property lines. Signage is required. Capron, IL Yes Invisible fencing is permitted, so long as a visible means of restraint is visible (i.e. fence, owner). Signage is required. *A call to Chicago Planning & Development Department for further information was not returned. Standards of Approval The proposed Zoning Ordinance Text Amendment meets the standards for approval of amendments per Section 6-3-4-5 of the City Code. The proposal is consistent with the Comprehensive General Plan’s objective to maintain the appealing character of Evanston’s neighborhoods while guiding their change. Given the high number of variances requested for fences in street side yards, as well as the increasing number of invisible pet fences throughout the community, the proposed regulations address the apparent need for change. Recommendation Staff believes the proposed text amendment to allow fences in required street side yards with appropriate setbacks, landscaping, and sight triangles, as well as the proposed regulation of invisible pet fences, meet the standards of approval as outlined above. Staff recommends the Plan Commission make a positive recommendation to the City Council regarding the proposed text amendment. Attachments  Draft Ordinance 22-O-15 361 of 521 For City Council meeting of March 23, 2015 Items P4.1 and P4.2 Ordinance 20-O-15 and Ordinance 25-O-15: Establishing a new Dempster-Main Overlay District. For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Department Lorrie Pearson, Planning and Zoning Administrator Damir Latinovic, Neighborhood and Land Use Planner Subject: Ordinance 20-O-15 and 25-O-15 Zoning Ordinance Map and Text Amendment Dempster-Main Overlay Zoning District 14PLND-0045 Date: March 12, 2015 Recommended Action: The Plan Commission and staff recommend adoption of Ordinance 20-O-15 and 25-O- 15, which amend the Map and Text of the Zoning Ordinance to establish a new Dempster-Main Overlay District. The Overlay District would allow office and financial institution uses as Special Use on the ground floors. The proposed overlay district will foster enhancement and preservation of two of the City’s oldest shopping areas for primarily neighborhood-oriented commercial and retail uses (P4.1) Ordinance 20-O-15, Amending the Text of the Zoning Ordinance by Enacting a New Section 6-15-17, “oDM Dempster-Main Overlay District” For Introduction (P4.2) Ordinance 25-O-15, Amending the Zoning Map to Place Certain Properties within the oDM Dempster-Main Overlay District For Introduction Background The Dempster Street and Main Street business districts near the CTA stations are older neighborhood commercial districts established to serve the residents of surrounding area. They have a pedestrian character and established physical pattern with buildings typically built to or near the front lot line. Due to the scale of the developments in these areas, the commercial storefronts are small (usually less than 7500 square feet) with Memorandum 362 of 521 less intense uses, such as drugstores, restaurants, specialty retail goods stores and other retails services uses. Over the past several years, the City has experienced an influx of office and financial institution uses within Dempster Street and Main Street business districts. Members of the Dempster Street and Main Street Business Associations have approached the City requesting assistance to limit the influx of office uses and reestablish the districts as neighborhood centers of commerce. Examples of less compatible uses in these areas include professional offices such as attorneys, architects, engineers, financial and tax advisers, banks and other similar office uses. These types of office uses do not depend on the pedestrian traffic from the surrounding neighborhoods. As such, they do not contribute to the vibrancy of the districts and instead use space that could otherwise be occupied by retail establishments better suited to cater to the surrounding residents. Proposal Summary A new Dempster-Main Overlay District is proposed to allow office and financial institution uses as Special Uses (they are currently allowed as a by-right permitted uses) on the ground floors within Dempster Street and Main Street business districts. Such uses on floors above the ground floor would continue to be allowed as permitted uses. No other special regulations are proposed for the Overlay District. The proposal is summarized in the table below: Existing Proposed Dempster-Main Overlay District B1 B1a B2 C1a B1 B1a B2 C1a Office - ground floor P P P P S S S S Office - above ground floor P P P P P P P P Financial Institution – ground floor P P P S S S Financial Institution – above ground floor P P P P P P The Dempster-Main Overlay District would cover all properties with frontage along Dempster Street between Elmwood Avenue on the west and the north-south alley located immediately east of Chicago Avenue and all properties with frontage along Main Street between Elmwood Avenue on the west and Hinman Avenue on the east. 363 of 521 Dempster Street Area Main Street Area 364 of 521 Applications for office and financial institution uses on the ground floors of properties within the Dempster-Main Overlay District would require Special Use review by the Zoning Board of Appeals and the City Council for compliance with the standards for approval of Special Uses. Any existing office or financial institution uses on the ground floors within the proposed Overlay District will be considered legal nonconforming uses and may remain. The proposed Zoning Ordinance Map and Text Amendment meets the standards for approval of amendments per Section 6-3-4-5 of the City Code. The proposal is consistent with the General Comprehensive Plan’s goal to enhance the neighborhood business districts of the City. The amendment is in line with the Plan’s specific call for action/policy to encourage new uses that complement the existing neighborhood character and pedestrian environment. The proposed amendment is necessary and will foster preservation of the City’s oldest shopping areas for primarily neighborhood- oriented commercial and retail uses. Legislative History February 11, 2015 – The Plan Commission unanimously recommended approval of the proposed map and text amendment. November 12, 2014 – The Plan Commission considered a similar proposal that would affect only B1 and B2 districts but recommended creating an Overlay District affecting all B and C1a zoning districts within Dempster Street and Main Street commercial corridors. October 15, 2014 – The Zoning Committee of the Plan Commission recommended approval to allow office and financial institution uses as Special Use on ground floors of properties in B1 and B2 districts with frontage along Dempster Street between Elmwood Avenue and the north-south alley east of Chicago Avenue and those properties with frontage along Main Street between Elmwood Avenue and Hinman Avenue. June 11, 2014 - The Plan Commission sent the initial proposal that would affect all B districts back to the Zoning Committee for further refinement noting that all B districts are not the same and should not have the same regulations for office uses. May 21, 2014 - The Zoning Committee of the Plan Commission recommended approval of the proposal to allow office and financial institution uses as Special Use on ground floors of all B districts. Attachments Ordinance 20-O-15 Ordinance 25-O-15 Plan Commission Meeting Minutes from February 11, 2015 and November 12, 2015 Link to Plan Commission packet for February 11, 2015 http://www.cityofevanston.org/assets/02.11.15%20PC%20Packet.pdf Link to Plan Commission packet for November 12, 2015 http://www.cityofevanston.org/assets/11.12.14%20PC%20Packet.pdf 365 of 521 2/17/2015 20-O-15 AN ORDINANCE Amending the Text of the Zoning Ordinance by Enacting a New Section 6-15-17, “oDM Dempster-Main Overlay District” WHEREAS, the City of Evanston is a home-rule municipality pursuant to Article VII of the Illinois Constitution of 1970; and WHEREAS, as a home rule unit of government, the City has the authority to adopt ordinances and to promulgate rules and regulations that protect the public health, safety, and welfare of its residents; and WHEREAS, Article VII, Section (6)a of the Illinois Constitution of 1970, which states that the “powers and functions of home rule units shall be construed liberally,” was written “with the intention that home rule units be given the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164); and WHEREAS, it is a well-established proposition under all applicable case law that the power to regulate land use through zoning regulations is a legitimate means of promoting the public health, safety, and welfare; and WHEREAS, Division 13 of the Illinois Municipal Code (65 ILCS 5/11-13-1, et seq.) grants each municipality the power to establish zoning regulations; and WHEREAS, pursuant to its home rule authority and the Illinois Municipal Code, the City has adopted a set of zoning regulations, set forth in Title 6 of the Evanston City Code of 2012, as amended, (“the Zoning Ordinance”); and 366 of 521 20-O-15 ~2~ WHEREAS, on June 11, 2014, November 12, 2014, and February 11, 2015, the Plan Commission held a public hearing, pursuant to proper notice, regarding case no. 14PLND-0045 to consider amendments to the text of the Zoning Ordinance, to create a new overlay zoning district known as the “oDM Dempster-Main Overlay District;” and WHEREAS, the Plan Commission received testimony and made findings pursuant to Section 6-3-4-6 of the Zoning Ordinance and recommended City Council approval thereof; and WHEREAS, at its meeting of March 23, 2015, the Planning and Development Committee of the City Council considered and accepted the findings and recommendation of the Plan Commission in case no. 14PLND-0045 and recommended City Council approval thereof; and WHEREAS, at its meetings of March 23, 2015 and April 13, 2015, the City Council considered and adopted the record and recommendation of the Planning and Development Committee; and WHEREAS, it is well-settled law that the legislative judgment of the City Council must be considered presumptively valid (see Glenview State Bank v. Village of Deerfield, 213 Ill.App.3d 747) and is not subject to courtroom fact-finding (see National Paint & Coating Ass’n v. City of Chicago, 45 F.3d 1124), NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. 367 of 521 20-O-15 ~3~ SECTION 2: The Zoning Ordinance is hereby further amended by the enactment of a new Section 6-15-17 thereof, “oDM Dempster-Main Overlay District,” to read as follows: 6-15-17: oDM DEMPSTER-MAIN OVERLAY DISTRICT 6-15-17-1: PURPOSE STATEMENT: The purpose of the oDM Dempster-Main Overlay District is to preserve the existing character of the two traditional neighborhood-oriented business districts near the Dempster Street and Main Street CTA Stations. The intent of the oDM Dempster-Main Overlay District is to sustain and encourage a healthy mix of uses with diverse, unique, small scale, pedestrian-oriented retail shops, services and restaurants serving the needs of surrounding residents and visitors. 6-15-17-2: DESIGNATION OF OVERLAY DISTRICT: The oDM Dempster-Main Overlay District shall be designated by the City Council and shown as an overlay to the underlying Zoning Districts with the designation “oDM” on the City Zoning Map cited in Section 6-7-2 of the Zoning Ordinance. 6-15-17-3: APPLICATION OF OVERLAY DISTRICT: Any property located within the oDM District shall retain its original Zoning District designation and shall gain the additional designation of the oDM District. The provisions of this Section 6-15-17 shall serve as a supplement to the regulations of the underlying District and the entirety of the Zoning Ordinance. Where a conflict exists between the provisions of this Section 6-15-17 and those of the underlying Zoning District and/or the rest of the Zoning Ordinance, this Section shall control. 6-15-17-4: PERMITTED USES: The permitted uses for the oRD district shall be as follows: (A) Any use listed as permitted or special in the underlying base zoning district, except office and financial institution uses located on the ground floor. This exception supersedes any permitted uses identified in the underlying zoning district. 6-15-17-5: ADDITIONAL SPECIAL USES: In addition to all special uses permitted in the underlying district, the following uses are allowed as a Special Use: A) Office (located on the ground floor). B) Financial Institution (located on the ground floor). 368 of 521 20-O-15 ~4~ 6-15-17-6: NONCONFORMING USES: Every lawfully existing Use rendered nonconforming by this Section 6-15-17 may continue to operate pursuant to the provisions of Chapter 6 of the Zoning Ordinance. SECTION 3: Section 6-7-1(H) of the Zoning Ordinance is hereby amended to include the following: oDM Dempster-Main overlay district 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 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 369 of 521 20-O-15 ~5~ Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 370 of 521 2/4/2015 25-O-15 AN ORDINANCE Amending the Zoning Map to Place Certain Properties Within the oDM Dempster-Main Overlay District WHEREAS, the City of Evanston is a home-rule municipality pursuant to Article VII of the Illinois Constitution of 1970; and WHEREAS, as a home rule unit of government, the City has the authority to adopt ordinances and to promulgate rules and regulations that protect the public health, safety, and welfare of its residents; and WHEREAS, Article VII, Section (6)a of the Illinois Constitution of 1970, which states that the “powers and functions of home rule units shall be construed liberally,” was written “with the intention that home rule units be given the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164); and WHEREAS, it is a well-established proposition under all applicable case law that the power to regulate land use through zoning regulations is a legitimate means of promoting the public health, safety, and welfare; and WHEREAS, Division 13 of the Illinois Municipal Code (65 ILCS 5/11-13-1, et seq.) grants each municipality the power to establish zoning regulations; and WHEREAS, pursuant to its home rule authority and the Illinois Municipal Code, the City has adopted a set of zoning regulations, set forth in Title 6 of the Evanston City Code of 1979, as amended, (“the Zoning Ordinance”); and 371 of 521 25-O-15 ~2~ WHEREAS, on June 11, 2014, November 12, 2014 and February 11, 2015, the Plan Commission held a public hearing, pursuant to proper notice, regarding case no. 14PLND-0045, to consider amendments to the Zoning Map, cited in Section 6- 7-2 of the Zoning Ordinance, to place certain properties within the oDM Howard-Ridge Overlay District; and WHEREAS, the Plan Commission received testimony and made findings pursuant to Subsection 6-3-4-6 of the Zoning Ordinance and recommended City Council approval thereof; and WHEREAS, at its meeting of March 23, 2015, the Planning and Development Committee of the City Council considered and accepted the findings and recommendation of the Plan Commission in case no. 14PLND-0045 and recommended City Council approval thereof; and WHEREAS, at its meetings of March 23, 2015 and April 13, 2015, the City Council considered and adopted the record and recommendation of the Planning and Development Committee; and WHEREAS, it is well-settled law that the legislative judgment of the City Council must be considered presumptively valid (see Glenview State Bank v. Village of Deerfield, 213 Ill.App.3d 747) and is not subject to courtroom fact-finding (see National Paint & Coating Ass’n v. City of Chicago, 45 F.3d 1124), NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. 372 of 521 25-O-15 ~3~ SECTION 2: The City Council hereby amends the Zoning Map to place those properties with the addresses and PINs listed in Exhibit A and identified in Exhibit B, both attached hereto and incorporated herein by reference, within the oDM Dempster-Main Overlay District. 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. Introduced:_________________, 2015 Adopted:___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 373 of 521 25-O-15 ~4~ EXHIBIT A Addresses and PINs of Properties Located Within the oDM Dempster-Main Overlay District 11-18-329-010-0000 1303 ELMWOOD AVE 11-18-329-019-0000 815 DEMPSTER ST 11-18-329-020-0000 813 DEMPSTER ST 11-18-329-021-0000 809 DEMPSTER ST 11-18-329-022-0000 1302 SHERMAN AVE 11-18-329-023-0000 801 DEMPSTER ST 11-18-329-024-0000 1301 ELMWOOD AVE 11-18-329-025-0000 1301 ELMWOOD AVE 11-18-329-026-0000 1301 ELMWOOD AVE 11-18-329-027-0000 1301 ELMWOOD AVE 11-18-330-008-0000 1308 CHICAGO AVE 11-18-330-009-0000 609 DEMPSTER ST 11-18-330-010-0000 609 DEMPSTER ST 11-18-418-011-0000 1301 CHICAGO AVE 11-19-104-001-0000 1233 ELMWOOD AVE 11-19-104-013-0000 808 DEMPSTER ST 11-19-104-014-0000 806 DEMPSTER ST 1/2 11-19-104-015-0000 802 DEMPSTER ST 11-19-104-016-0000 800 DEMPSTER ST 11-19-104-046-0000 804 DEMPSTER ST 11-19-105-001-0000 614 DEMPSTER ST 11-19-105-002-0000 606 DEMPSTER ST 11-19-117-045-0000 905 SHERMAN AVE 11-19-117-046-0000 ELMWOOD AVE 11-19-117-047-0000 717 MAIN ST 11-19-117-048-0000 711 MAIN ST 11-19-117-049-0000 709 MAIN ST 11-19-117-050-0000 703 MAIN ST 11-19-122-012-0000 825 MAIN ST 11-19-122-023-0000 MAIN ST 11-19-122-025-0000 801 MAIN ST 11-19-200-001-0000 516 DEMPSTER ST 11-19-213-030-1001 900 CHICAGO AVE 301 11-19-213-030-1002 900 CHICAGO AVE 302 11-19-213-030-1003 900 CHICAGO AVE 303 11-19-213-030-1004 900 CHICAGO AVE 304 11-19-213-030-1005 900 CHICAGO AVE 305 374 of 521 25-O-15 ~5~ 11-19-213-030-1006 900 CHICAGO AVE 306 11-19-213-030-1007 900 CHICAGO AVE 306 11-19-213-030-1008 900 CHICAGO AVE 307 11-19-213-030-1009 900 CHICAGO AVE 308 11-19-213-030-1010 900 CHICAGO AVE 309 11-19-213-030-1011 900 CHICAGO AVE 310 11-19-213-030-1012 900 CHICAGO AVE 310 11-19-213-030-1013 900 CHICAGO AVE 311 11-19-213-030-1014 900 CHICAGO AVE 312 11-19-213-030-1015 900 CHICAGO AVE 313/4 11-19-213-030-1016 900 CHICAGO AVE 315 11-19-213-030-1017 900 CHICAGO AVE 316 11-19-213-030-1019 900 CHICAGO AVE 402 11-19-213-030-1020 900 CHICAGO AVE 403 11-19-213-030-1021 900 CHICAGO AVE 404 11-19-213-030-1022 900 CHICAGO AVE 405 11-19-213-030-1023 900 CHICAGO AVE 406 11-19-213-030-1024 900 CHICAGO AVE 406 11-19-213-030-1025 900 CHICAGO AVE 407 11-19-213-030-1026 900 CHICAGO AVE 408 11-19-213-030-1027 900 CHICAGO AVE 409 11-19-213-030-1028 900 CHICAGO AVE 410 11-19-213-030-1029 900 CHICAGO AVE 410 11-19-213-030-1030 900 CHICAGO AVE 411 11-19-213-030-1031 900 CHICAGO AVE 412 11-19-213-030-1032 900 CHICAGO AVE 413 11-19-213-030-1033 900 CHICAGO AVE 414 11-19-213-030-1034 900 CHICAGO AVE 415 11-19-213-030-1035 900 CHICAGO AVE 416 11-19-213-030-1037 900 CHICAGO AVE 502 11-19-213-030-1038 900 CHICAGO AVE 503 11-19-213-030-1039 900 CHICAGO AVE 504 11-19-213-030-1040 900 CHICAGO AVE 505 11-19-213-030-1041 900 CHICAGO AVE 506 11-19-213-030-1042 900 CHICAGO AVE 506 11-19-213-030-1043 900 CHICAGO AVE 507 11-19-213-030-1044 900 CHICAGO AVE 508 11-19-213-030-1045 900 CHICAGO AVE 509 11-19-213-030-1046 900 CHICAGO AVE 510 11-19-213-030-1047 900 CHICAGO AVE 510 11-19-213-030-1048 900 CHICAGO AVE 511 11-19-213-030-1049 900 CHICAGO AVE 512 11-19-213-030-1050 900 CHICAGO AVE 513 11-19-213-030-1051 900 CHICAGO AVE 514 11-19-213-030-1052 900 CHICAGO AVE 515 11-19-213-030-1053 900 CHICAGO AVE 516 375 of 521 25-O-15 ~6~ 11-19-213-030-1054 900 CHICAGO AVE 601 11-19-213-030-1055 900 CHICAGO AVE 602 11-19-213-030-1056 900 CHICAGO AVE 603 11-19-213-030-1057 900 CHICAGO AVE 604 11-19-213-030-1058 900 CHICAGO AVE 605 11-19-213-030-1059 900 CHICAGO AVE 606 11-19-213-030-1060 900 CHICAGO AVE 606 11-19-213-030-1061 900 CHICAGO AVE 607 11-19-213-030-1062 900 CHICAGO AVE 608 11-19-213-030-1063 900 CHICAGO AVE 609 11-19-213-030-1067 900 CHICAGO AVE 613 11-19-213-030-1068 900 CHICAGO AVE 614 11-19-213-030-1069 900 CHICAGO AVE 615 11-19-213-030-1070 900 CHICAGO AVE 616 11-19-213-030-1071 900 CHICAGO AVE 616 11-19-213-030-1073 900 CHICAGO AVE 702 11-19-213-030-1074 900 CHICAGO AVE 703 11-19-213-030-1075 900 CHICAGO AVE 704 11-19-213-030-1076 900 CHICAGO AVE 705 11-19-213-030-1077 900 CHICAGO AVE 706 11-19-213-030-1078 900 CHICAGO AVE 707 11-19-213-030-1079 900 CHICAGO AVE 707 11-19-213-030-1080 900 CHICAGO AVE 708 11-19-213-030-1081 900 CHICAGO AVE 709 11-19-213-030-1082 900 CHICAGO AVE 710 11-19-213-030-1083 900 CHICAGO AVE 711 11-19-213-030-1084 900 CHICAGO AVE 712 11-19-213-030-1085 900 CHICAGO AVE 712 11-19-213-030-1086 900 CHICAGO AVE 713 11-19-213-030-1087 900 CHICAGO AVE B-1 11-19-213-030-1088 900 CHICAGO AVE B-2 11-19-213-030-1089 900 CHICAGO AVE B-3 11-19-213-030-1090 900 CHICAGO AVE B-4 11-19-213-030-1091 900 CHICAGO AVE B-5 11-19-213-030-1092 900 CHICAGO AVE B-6 11-19-213-030-1093 900 CHICAGO AVE B-7 11-19-213-030-1094 900 CHICAGO AVE B-8 11-19-213-030-1095 900 CHICAGO AVE B-9 11-19-213-030-1096 900 CHICAGO AVE B-10 11-19-213-030-1097 900 CHICAGO AVE B-11 11-19-213-030-1098 900 CHICAGO AVE B-12 11-19-213-030-1099 900 CHICAGO AVE B-13 11-19-213-030-1100 900 CHICAGO AVE B-14 11-19-213-030-1101 900 CHICAGO AVE B-15 11-19-213-030-1102 900 CHICAGO AVE B-16 11-19-213-030-1103 900 CHICAGO AVE B-17 376 of 521 25-O-15 ~7~ 11-19-213-030-1104 900 CHICAGO AVE B-18 11-19-213-030-1105 900 CHICAGO AVE B-19 11-19-213-030-1106 900 CHICAGO AVE B-20 11-19-213-030-1107 900 CHICAGO AVE B-21 11-19-213-030-1108 900 CHICAGO AVE B-22 11-19-213-030-1109 900 CHICAGO AVE B-23 11-19-213-030-1110 900 CHICAGO AVE B-24 11-19-213-030-1111 900 CHICAGO AVE B-25 11-19-213-030-1112 900 CHICAGO AVE B-26 11-19-213-030-1113 900 CHICAGO AVE B-26 11-19-213-030-1114 900 CHICAGO AVE B-27 11-19-213-030-1115 900 CHICAGO AVE B-28 11-19-213-030-1116 900 CHICAGO AVE B-29 11-19-213-030-1117 900 CHICAGO AVE B-15T 11-19-213-030-1118 900 CHICAGO AVE B-30 11-19-213-030-1119 900 CHICAGO AVE B-14T 11-19-213-030-1120 900 CHICAGO AVE B-31 11-19-213-030-1121 900 CHICAGO AVE B-13T 11-19-213-030-1122 900 CHICAGO AVE B-32 11-19-213-030-1123 900 CHICAGO AVE B-12T 11-19-213-030-1124 900 CHICAGO AVE B-33 11-19-213-030-1125 900 CHICAGO AVE B-11T 11-19-213-030-1126 900 CHICAGO AVE B-34 11-19-213-030-1127 900 CHICAGO AVE B-35 11-19-213-030-1128 900 CHICAGO AVE B-9T 11-19-213-030-1129 900 CHICAGO AVE B-36 11-19-213-030-1130 900 CHICAGO AVE B-8T 11-19-213-030-1131 900 CHICAGO AVE B-37 11-19-213-030-1132 900 CHICAGO AVE B-37 11-19-213-030-1133 900 CHICAGO AVE B-7T 11-19-213-030-1134 900 CHICAGO AVE B-6T 11-19-213-030-1135 900 CHICAGO AVE B-39 11-19-213-030-1136 900 CHICAGO AVE B-5T 11-19-213-030-1137 900 CHICAGO AVE B-40 11-19-213-030-1138 900 CHICAGO AVE B-4T 11-19-213-030-1139 900 CHICAGO AVE B-41 11-19-213-030-1140 900 CHICAGO AVE B-3T 11-19-213-030-1141 900 CHICAGO AVE B-3T 11-19-213-030-1142 900 CHICAGO AVE B-42 11-19-213-030-1143 900 CHICAGO AVE B-2T 11-19-213-030-1144 900 CHICAGO AVE B-43 11-19-213-030-1145 900 CHICAGO AVE B-1T 11-19-213-030-1146 900 CHICAGO AVE G-1 11-19-213-030-1147 900 CHICAGO AVE G-2 11-19-213-030-1148 900 CHICAGO AVE G-3 11-19-213-030-1149 900 CHICAGO AVE G-4 377 of 521 25-O-15 ~8~ 11-19-213-030-1150 900 CHICAGO AVE G-5 11-19-213-030-1151 900 CHICAGO AVE G-6 11-19-213-030-1152 900 CHICAGO AVE G-7 11-19-213-030-1153 900 CHICAGO AVE G-8 11-19-213-030-1154 900 CHICAGO AVE G-9 11-19-213-030-1155 900 CHICAGO AVE G-10 11-19-213-030-1156 900 CHICAGO AVE G-11 11-19-213-030-1157 900 CHICAGO AVE G-12 11-19-213-030-1158 900 CHICAGO AVE G-13 11-19-213-030-1159 900 CHICAGO AVE G-14 11-19-213-030-1160 900 CHICAGO AVE G-15 11-19-213-030-1161 900 CHICAGO AVE G-16 11-19-213-030-1162 900 CHICAGO AVE G-17 11-19-213-030-1163 900 CHICAGO AVE G-18 11-19-213-030-1164 900 CHICAGO AVE G-19 11-19-213-030-1165 900 CHICAGO AVE G-20 11-19-213-030-1166 900 CHICAGO AVE P-1 11-19-213-030-1167 900 CHICAGO AVE P-2 11-19-213-030-1168 900 CHICAGO AVE P-3 11-19-213-030-1169 900 CHICAGO AVE P-4 11-19-213-030-1170 900 CHICAGO AVE P-5 11-19-213-030-1171 900 CHICAGO AVE P-6 11-19-213-030-1172 900 CHICAGO AVE P-7 11-19-213-030-1173 900 CHICAGO AVE P-8 11-19-213-030-1174 900 CHICAGO AVE P-9 11-19-213-030-1175 900 CHICAGO AVE P-10 11-19-213-030-1176 900 CHICAGO AVE P-11 11-19-213-030-1177 900 CHICAGO AVE P-12 11-19-213-030-1178 900 CHICAGO AVE P-13 11-19-213-030-1179 900 CHICAGO AVE P-14 11-19-213-030-1180 900 CHICAGO AVE P-15 11-19-213-030-1181 900 CHICAGO AVE P-16 11-19-213-030-1182 900 CHICAGO AVE P-17 11-19-213-030-1183 900 CHICAGO AVE P-18 11-19-213-030-1184 900 CHICAGO AVE P-19 11-19-213-030-1185 900 CHICAGO AVE P-20 11-19-213-030-1186 900 CHICAGO AVE P-20 11-19-213-030-1187 900 CHICAGO AVE P-21 11-19-213-030-1188 900 CHICAGO AVE P-22 11-19-213-030-1189 900 CHICAGO AVE P-23 11-19-213-030-1190 900 CHICAGO AVE P-24 11-19-213-030-1191 900 CHICAGO AVE P-25 11-19-213-030-1192 900 CHICAGO AVE P-16T 11-19-213-030-1193 900 CHICAGO AVE P-26 11-19-213-030-1194 900 CHICAGO AVE P-15T 11-19-213-030-1195 900 CHICAGO AVE P-27 378 of 521 25-O-15 ~9~ 11-19-213-030-1196 900 CHICAGO AVE P-14T 11-19-213-030-1197 900 CHICAGO AVE P-28 11-19-213-030-1198 900 CHICAGO AVE P-13T 11-19-213-030-1199 900 CHICAGO AVE P-29 11-19-213-030-1200 900 CHICAGO AVE P-12T 11-19-213-030-1201 900 CHICAGO AVE P-30 11-19-213-030-1202 900 CHICAGO AVE P-11T 11-19-213-030-1203 900 CHICAGO AVE P-11T 11-19-213-030-1204 900 CHICAGO AVE P-31 11-19-213-030-1205 900 CHICAGO AVE P-10T 11-19-213-030-1206 900 CHICAGO AVE P-32 11-19-213-030-1208 900 CHICAGO AVE P-33 11-19-213-030-1209 900 CHICAGO AVE P-8T 11-19-213-030-1210 900 CHICAGO AVE P-35 11-19-213-030-1211 900 CHICAGO AVE P-36 11-19-213-030-1212 900 CHICAGO AVE P-37 11-19-213-030-1213 900 CHICAGO AVE P-38 11-19-213-030-1214 900 CHICAGO AVE P-39 11-19-213-030-1215 900 CHICAGO AVE P-8T 11-19-213-030-1216 900 CHICAGO AVE P-40 11-19-213-030-1217 900 CHICAGO AVE P-7T 11-19-213-030-1218 900 CHICAGO AVE P-41 11-19-213-030-1219 900 CHICAGO AVE P-6T 11-19-213-030-1220 900 CHICAGO AVE P-42 11-19-213-030-1221 900 CHICAGO AVE P-5T 11-19-213-030-1222 900 CHICAGO AVE P-43 11-19-213-030-1223 900 CHICAGO AVE P-4T 11-19-213-030-1224 900 CHICAGO AVE P-44 11-19-213-030-1225 900 CHICAGO AVE P-3T 11-19-213-030-1226 900 CHICAGO AVE P-45 11-19-213-030-1227 900 CHICAGO AVE P-2T 11-19-213-030-1228 900 CHICAGO AVE P-46 11-19-213-030-1229 900 CHICAGO AVE P-1T 11-19-213-030-1230 900 CHICAGO AVE 401 11-19-213-030-1231 900 CHICAGO AVE 501 11-19-213-030-1232 900 CHICAGO AVE 610 11-19-213-030-1233 900 CHICAGO AVE 610 11-19-213-030-1234 900 CHICAGO AVE 611 11-19-213-030-1235 900 CHICAGO AVE 701 11-19-213-030-1236 900 CHICAGO AVE P-9T 11-19-213-031-0000 900 CHICAGO AVE 11-19-213-032-0000 900 CHICAGO AVE 11-19-213-033-1001 900 CHICAGO AVE 100 11-19-213-033-1002 900 CHICAGO AVE 106 11-19-220-019-0000 511 MAIN ST 11-19-220-020-0000 501 MAIN ST 379 of 521 25-O-15 ~10~ 11-19-220-029-1001 515 MAIN ST 301 11-19-220-029-1002 515 MAIN ST 302 11-19-220-029-1003 515 MAIN ST 303 11-19-220-029-1004 515 MAIN ST 304 11-19-220-029-1005 515 MAIN ST 305 11-19-220-029-1006 515 MAIN ST 306 11-19-220-029-1007 515 MAIN ST 307 11-19-220-029-1008 515 MAIN ST 308 11-19-220-029-1009 515 MAIN ST 309 11-19-220-029-1010 515 MAIN ST 401 11-19-220-029-1011 515 MAIN ST 402 11-19-220-029-1012 515 MAIN ST 403 11-19-220-029-1013 515 MAIN ST 404 11-19-220-029-1014 515 MAIN ST 405 11-19-220-029-1015 515 MAIN ST 406 11-19-220-029-1016 515 MAIN ST 407 11-19-220-029-1017 515 MAIN ST 408 11-19-220-029-1018 515 MAIN ST 409 11-19-220-029-1019 515 MAIN ST 501 11-19-220-029-1020 515 MAIN ST 502 11-19-220-029-1021 515 MAIN ST 503 11-19-220-029-1022 515 MAIN ST 504 11-19-220-029-1023 515 MAIN ST 505 11-19-220-029-1024 515 MAIN ST 506 11-19-220-029-1025 515 MAIN ST 507 11-19-220-029-1026 515 MAIN ST 508 11-19-220-029-1027 515 MAIN ST 509 11-19-220-029-1028 515 MAIN ST 601 11-19-220-029-1029 515 MAIN ST 602 11-19-220-029-1030 515 MAIN ST 603 11-19-220-029-1031 515 MAIN ST 604 11-19-220-029-1032 515 MAIN ST 605 11-19-220-029-1033 515 MAIN ST 606 11-19-220-029-1034 515 MAIN ST 607 11-19-220-029-1035 515 MAIN ST 608 11-19-220-029-1036 515 MAIN ST 609 11-19-220-029-1037 515 MAIN ST 701 11-19-220-029-1038 515 MAIN ST 702 11-19-220-029-1039 515 MAIN ST 703 11-19-220-029-1040 515 MAIN ST 704 11-19-220-029-1041 515 MAIN ST 705 11-19-220-029-1042 515 MAIN ST 706 11-19-220-029-1043 515 MAIN ST 707 11-19-220-029-1044 515 MAIN ST 708 11-19-220-029-1045 515 MAIN ST 709 11-19-220-029-1046 515 MAIN ST 801 380 of 521 25-O-15 ~11~ 11-19-220-029-1047 515 MAIN ST 802 11-19-220-029-1048 515 MAIN ST 803 11-19-220-029-1049 515 MAIN ST 804 11-19-220-029-1050 515 MAIN ST 805 11-19-220-029-1051 515 MAIN ST 806 11-19-220-029-1052 515 MAIN ST 807 11-19-220-029-1053 515 MAIN ST 808 11-19-220-029-1054 515 MAIN ST 809 11-19-220-029-1055 515 MAIN ST 901 11-19-220-029-1056 515 MAIN ST 902 11-19-220-029-1057 515 MAIN ST 903 11-19-220-029-1058 515 MAIN ST 904 11-19-220-029-1059 515 MAIN ST 905 11-19-220-029-1060 515 MAIN ST 906 11-19-220-029-1061 515 MAIN ST 907 11-19-220-029-1062 515 MAIN ST 908 11-19-220-029-1063 515 MAIN ST 909 11-19-220-029-1064 515 MAIN ST P-1 11-19-220-029-1065 515 MAIN ST P-2 11-19-220-029-1066 515 MAIN ST P-3 11-19-220-029-1067 515 MAIN ST P-4 11-19-220-029-1068 515 MAIN ST P-5 11-19-220-029-1069 515 MAIN ST P-6 11-19-220-029-1070 515 MAIN ST P-7 11-19-220-029-1071 515 MAIN ST P-8 11-19-220-029-1072 515 MAIN ST P-9 11-19-220-029-1073 515 MAIN ST P-10 11-19-220-029-1074 515 MAIN ST P-11 11-19-220-029-1075 515 MAIN ST P-12 11-19-220-029-1076 515 MAIN ST P-13 11-19-220-029-1077 515 MAIN ST P-14 11-19-220-029-1078 515 MAIN ST P-15 11-19-220-029-1079 515 MAIN ST P-16 11-19-220-029-1080 515 MAIN ST P-17 11-19-220-029-1081 515 MAIN ST P-18 11-19-220-029-1082 515 MAIN ST P-19 11-19-220-029-1083 515 MAIN ST P-20 11-19-220-029-1084 515 MAIN ST P-21 11-19-220-029-1085 515 MAIN ST P-22 11-19-220-029-1086 515 MAIN ST P-23 11-19-220-029-1087 515 MAIN ST P-24 11-19-220-029-1088 515 MAIN ST P-25 11-19-220-029-1089 515 MAIN ST P-26 11-19-220-029-1090 515 MAIN ST P-27 11-19-220-029-1091 515 MAIN ST P-28 11-19-220-029-1092 515 MAIN ST P-29 381 of 521 25-O-15 ~12~ 11-19-220-029-1093 515 MAIN ST P-30 11-19-220-029-1094 515 MAIN ST P-31 11-19-220-029-1095 515 MAIN ST P-32 11-19-220-029-1096 515 MAIN ST P-33 11-19-220-029-1097 515 MAIN ST P-34 11-19-220-029-1098 515 MAIN ST P-35 11-19-220-029-1099 515 MAIN ST P-36 11-19-220-029-1100 515 MAIN ST P-37 11-19-220-029-1101 515 MAIN ST P-38 11-19-220-029-1102 515 MAIN ST P-39 11-19-220-029-1103 515 MAIN ST P-40 11-19-220-029-1104 515 MAIN ST P-41 11-19-220-029-1105 515 MAIN ST P-42 11-19-220-029-1106 515 MAIN ST P-43 11-19-220-029-1107 515 MAIN ST P-44 11-19-220-029-1108 515 MAIN ST P-45 11-19-220-029-1109 515 MAIN ST P-46 11-19-220-029-1112 515 MAIN ST P-49 11-19-220-029-1113 515 MAIN ST P-50 11-19-220-029-1114 515 MAIN ST P-51 11-19-220-029-1115 515 MAIN ST P-52 11-19-220-029-1116 515 MAIN ST P-53 11-19-220-029-1117 515 MAIN ST P-54 11-19-220-029-1118 515 MAIN ST P-55 11-19-220-029-1119 515 MAIN ST P-56 11-19-220-029-1120 515 MAIN ST P-57 11-19-220-029-1121 515 MAIN ST P-58 11-19-220-029-1122 515 MAIN ST P-59 11-19-220-029-1123 515 MAIN ST P-60 11-19-220-029-1124 515 MAIN ST P-61 11-19-220-029-1125 515 MAIN ST P-62 11-19-220-029-1126 515 MAIN ST P-63 11-19-220-029-1127 515 MAIN ST P-64 11-19-220-029-1128 515 MAIN ST P-65 11-19-220-029-1129 515 MAIN ST P-66 11-19-220-029-1130 515 MAIN ST P-67 11-19-220-029-1131 515 MAIN ST P-68 11-19-220-029-1132 515 MAIN ST P-47 11-19-220-029-1133 515 MAIN ST P-48 11-19-220-029-1134 515 MAIN ST P-69 11-19-220-029-1135 515 MAIN ST P-70 11-19-220-030-0000 519 MAIN ST 11-19-220-031-0000 CHICAGO AVE 11-19-220-032-0000 CHICAGO AVE 11-19-302-001-0000 MAIN ST 11-19-302-002-0000 828 MAIN ST 382 of 521 25-O-15 ~13~ 11-19-302-007-0000 808 MAIN ST 11-19-302-008-0000 806 MAIN ST 11-19-302-009-0000 804 MAIN ST 11-19-302-010-0000 800 MAIN ST 11-19-302-025-1001 810 MAIN ST 11-19-302-025-1002 812 MAIN ST 11-19-302-025-1003 814 MAIN ST 11-19-302-025-1004 810 MAIN ST 11-19-302-025-1005 810 MAIN ST 11-19-302-025-1006 816 MAIN ST 11-19-303-001-0000 732 MAIN ST 11-19-303-006-0000 714 MAIN ST 11-19-303-007-0000 710 MAIN ST 11-19-303-008-0000 706 MAIN ST 11-19-303-009-0000 704 MAIN ST 11-19-303-010-0000 702 MAIN ST 11-19-303-011-0000 702 MAIN ST 11-19-303-029-0000 722 MAIN ST 11-19-303-030-0000 718 MAIN ST 11-19-303-034-0000 836 CUSTER AVE 11-19-303-035-0000 836 CUSTER AVE 11-19-401-008-0000 860 HINMAN AVE 11-19-401-024-0000 845 CHICAGO AVE 11-19-424-008-8001 CHICAGO AVE 11-19-424-008-8002 CHICAGO AVE 383 of 521 25-O-15 ~14~ EXHIBIT B Maps of Properties Re-Zoned to oDM Dempster-Main Overlay District 384 of 521 601801809615611827815805603821609813817902 1321 1320 1324 1315 1323 13091308 1310 1308 1304 1329 1325 13121315 1306 1320 1306 1312 1316 1314 1326 1307 1318 1330 13221322 1316 1326 1311 1318 1304 1322 1314 1316 1332 1310 1336 1317 1328 1303 1314 1/2 1310 1/2 8196076056135135195165185225251327 1307 1319 13151311 13051301 1309 13135305285225181235 1239 1245 1243 1231 1241 1233 5165248006028106166068128288186088028228328086006106141230 1226 1225 1237 1224 1239 1240 1228 1242 1230 1241 1224 12221223 1234 12441246 1244 1236 1245 1224 1236 1235 800 1/28208148248166048061223 1/2 1311 Dempster Street Chicago AvenueSherman AvenueElmwood AvenueSherman PlaceB2 R5 B1 C2 R3 R1 Dempster-MainOverlay District DMOverlay-Dempster.mxd - 1/27/2015This map is provided "as is" without warranties of any kind.See www.cityofevanston.org/mapdisclaimers.html for more information. 0 250 500Feet Overlay District Building Footprint Tax Parcel Railroad Street 385 of 521 822 846 824838 804 831 533856821 840 525502860 850500817 836531512504829 815 855 832807 514823 527811 510844 852805 820 828827 842 825 800 809 833 830535529848834508931 915 923925 901 919 939 927 917 933 913 929 525508 922 932 912 507509918 503504520904 513512 910 924 930518522 519940 510 936 501914 502505511854506823 1/2 924 935 929 913 901 713703743921 911 909 930 949 933 919 936 937 915 741711941 719709912 910 920918 701947 943 931 907 905903 928 942 1000 909 1/2 913 1/2 907 1/2 739717705949 939 943941 933 913526945528917919 915 524919 1/2 917 1/2 913 1/2 837 701813 839 838 800707827723712710704822711811715821700721824 735 829 725 719710709825 714706702840 836 834 830 826 860 836 716708718 716835 833831 809 844 832 717705703712714706708700 1/2809924 801904 920 815921 901 904 835827938 917 906 928 946 936 803818947 935 911 902 905 944 929 909 931 913 922 903940 930 928 914 912 825821810939 934 930 925 920 916 915912 910 907906 909816943 922 908 809 1/2831819829823817908 803 1/2912 1/2 832825 810814826 824 819 838 822802827 821 812809804808810808806840 902830 815 832 804 834811828 836 826 806908838 803 901 816814800816823 836 832 900818817 813 810808802834 828 800821 830 828 801 814 1/2 804812900 904 906 600 930 1/2 910 515828910 908 828828 806806816 814 Main StreetCuster AvenueHinman AvenueChicago AvenueWashington StreetSherman AvenueLee Street Elmwood AvenueElmwood AvenueR3 B2 C1a R5 R4 B1 R6 MUE OS C2 R1Dempster-MainOverlay District DMOverlay-Main.mxd - 1/27/2015This map is provided "as is" without warranties of any kind.See www.cityofevanston.org/mapdisclaimers.html for more information. 0 250 500Feet Overlay District Building Footprint Tax Parcel Railroad Street 386 of 521 Approved March 11, 2015 Page 1 of 3 Plan Commission Minutes 02/11/2015 MEETING MINUTES PLAN COMMISSION Wednesday, February 11, 2015 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Jim Ford (Chair), Scott Peters, Richard Shure, Colby Lewis, Terri Dubin, Carol Goddard, Lenny Asaro Members Absent: Kwesi Steele, Andrew Pigozzi Associate Members Present: Stuart Opdycke Associate Members Absent: David Galloway, Seth Freeman Staff Present: Damir Latinovic, Neighborhood and Land Use Planner Lorrie Pearson, Planning and Zoning Administrator Johanna Nyden, Economic Development Division Manager 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. and explained the general meeting procedure, schedule, agenda items, time limits on public testimony and opportunities for cross examination of witnesses. Chairman Ford concluded the opening statement 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. 2. APPROVAL OF MEETING MINUTES: January 14, 2015 Chairman Ford noted that the election of Scott Peters to Chairman Pro Tempore for that meeting should be included in the minutes. He also noted that Commissioner Opdycke most likely did not second the motion to elect the chair on page 4. The video should be reviewed to determine which regular member of the Commission made the motion. Commissioner Lewis made a motion to approve the minutes from January 14, 2015 with the corrections. Commissioner Shure seconded the motion. A voice vote was taken and the minutes were approved unanimously. 387 of 521 Approved March 11, 2015 Page 2 of 3 Plan Commission Minutes 02/11/2015 Chairman Ford explained staff is the applicant for all three cases on the agenda for tonight. He swore in all individual from the public intending to speak tonight. 3. NEW BUSINESS A. ZONING ORDINANCE TEXT and MAP AMENDMENT 14PLND-0045 Dempster-Main Overlay District Specifically consider text and map amendments, pursuant to City Code Title 6, Zoning, for a Zoning Overlay District covering Dempster Street and Main Street commercial district areas. The Overlay District along Dempster Street includes all properties with frontage along Dempster Street bounded by the north-south alley immediately east of Chicago Avenue on the east and Elmwood Avenue on the west. The Overlay District along Main Street includes all properties with frontage along Main Street bounded by Hinman Avenue on the east and Elmwood Avenue on the west. Mr. Latinovic presented the staff report. He explained that this proposal was first presented to the zoning committee in May and was approved on November 11, 2014 to allow Office and Financial Institution Uses as Special Use on ground floors within Dempster Street and Main Street Business Districts. The Commission however recommended creating an Overlay District to allow those uses in the proposed manner and as such, this case had to be republished and re-noticed noting the Overlay District, but otherwise no changes have been made to the proposal. He summarized the proposed regulations and stated that the proposal satisfies the Standards. Staff recommends approval. Commissioner Peters stated that he thought the purpose statement in the draft Ordinance could better correspond with the map featured in the proposal designating the boundaries of the Overlay District and thought a modification or clarification might be in order. Commissioner Asaro agreed that this could become an issue with divisions or changes in the future. Mr. Treto stated that the purpose statement could be modified and asked for guidance from the Commission as for how specifically to word it. At this time, Chairman Ford suggested that public testimony be heard before they continue with this topic. Ms. Johanna Nyden stated that the need for this proposal came from local business owners. Certain services, generally non-retail, do not generate significant foot traffic. Business owners would like more management over what kinds of uses are allowed in business districts that could benefit their businesses as well. Shaun Chinsky, 714 Main Street, stated that he has witnessed the evolution of Main Street. He believes that a shopping district is only as strong as its collective offerings. He watched the retail services on Custer Street become office space and observed the resulting decrease in pedestrian activity. With no other comments, Chairman Ford closed the Public Comment portion of the hearing. 388 of 521 Approved March 11, 2015 Page 3 of 3 Plan Commission Minutes 02/11/2015 Commissioner Peters stated that he supports this proposal and the public testimony. This is his neighborhood and he noted that it is in need of revitalization. He agreed that non-retail services tend to result in less pedestrian traffic. Commissioner Asaro noted his support as well. Commissioner Lewis asked for clarification regarding nonconforming uses, to which Mr. Latinovic explained they would be the same as for any other nonconforming use in the City per Zoning Ordinance. Commissioner Peters made the motion to recommend approval of the case with a condition to delete the words “centered around” and substitute with “near” in the purpose statement of the Draft Ordinance. Commissioner Shure seconded the motion. The motion was approved by Roll Call 7-0. Ayes: Commissioners Peters, Shure, Goddard, Asaro, Dubin, Lewis and Chairman Ford. Nays: none … 6. ADJOURNMENT There being no further discussion, Commissioner Asaro made a motion to adjourn the meeting. Commissioner Peters seconded the motion. A voice vote was taken and the motion was approved by voice call 7-0. The meeting was adjourned at 8:20 pm. Respectfully Submitted, Damir Latinovic Neighborhood and Land Use Planner Community Development Department 389 of 521 Approved 12/10/2014 Page 1 of 3 Plan Commission Minutes 11/12/2014 MEETING MINUTES PLAN COMMISSION Wednesday, November 12, 2014 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Scott Peters (Chair), Jim Ford, Carol Goddard, Richard Shure, Colby Lewis, Andrew Pigozzi Members Absent: Kwesi Steele, Lenny Asaro, Terri Dubin Associate Members Present: Stuart Opdycke Associate Members Absent: David Galloway, Seth Freeman, Staff Present: Damir Latinovic, Neighborhood and Land Use Planner Lorrie Pearson, Planning and Zoning Administrator Mario Treto, Assistant City Attorney Aldermen Present: Ald. Grover, Ald. Tendam Presiding Member: Scott Peters, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM Chairman Peters called the meeting to order at 7:00 P.M and explained the general meeting procedure, schedule, agenda items, time limits on public testimony and opportunities for cross examination of witnesses. Chairman Peters concluded the opening statement 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. 2. OLD BUSINESS A. TEXT AMENDMENT TO THE ZONING ORDINANCE 14PLND-0045 Office and Financial Institution Uses in B1 and B2 Districts Specifically consider a text amendment, pursuant to City Code Title 6, Zoning, to amend the list of permitted and special uses in the B1, Business and B2, Business Districts. Mr. Latinovic presented the staff report. He explained the proposal was presented to the Zoning Committee in May, to Plan Commission in June and then again to the Zoning Committee in October. Based on staff’s research and input from the Zoning Committee, staff is proposing that office and financial institution uses on ground floors of properties within Dempster St and Main St. Business districts be allowed as Special Use. Office and Financial Institution uses on floors above the ground level 390 of 521 Approved 12/10/2014 Page 2 of 3 Plan Commission Minutes 11/12/2014 would be continued to be allowed as Permitted Use. The Zoning Committee forwarded a positive recommendation in October. Upon a question from Commissioner Ford, Mr. Latinovic explained creation of an overlay district is a good tool when there is a need to modify several zoning regulations and several use regulations across multiple underlying zoning districts. In this case the intent is only to modify how office and financial institution uses are allowed on the ground floor. The proposal is the easiest and simplest way to reach the goal and that is to just allow those uses as Special Use rather than Permitted Use on ground floors within certain B districts. Commissioner Shure asked how the proposal differs from spot zoning. Mr. Latinovic stated that it is different because the intent of the proposal is consistent with the Comprehensive Plan’s goal to enhance neighborhood shopping centers. In addition the proposal affects multiple properties in multiple areas of the city and across multiple zoning districts. There were no questions or comments from the public. Commissioner Ford suggested creating an overlay district may be a better approach. Commissioner Opdycke stated he is in favor of the intent of the proposal and is a fan of Special Use. The proposal is simple. Discussion followed on the appropriateness of creating an overlay district. Commissioner Ford suggested the proposal be sent back to the Zoning Committee for more refinement. Mr. Latinovic stated the current proposal was approved unanimously by the Zoning Committee. Staff feels that it is important to move the proposal with recommendation to the City Council even if it is modified because the proposal has been under review since May and it needs to address the concern brought up by the area business associations. Commissioner Goddard made a motion to approve the proposal as presented by staff. The motion failed due to lack of second. Commissioner Pigozzi made a motion to send the case back to Zoning Committee for further refinement as an Overlay District. The motion failed due to lack of second. Commissioner Ford made a motion to approve the proposed text amendment regarding the use regulations for office and financial institution uses along Dempster St. and Main St. business districts, but that it be done through creation of an Overlay District in designated areas. Commissioner Shure seconded the motion. Ayes: Commissioners Ford, Shure, Pigozzi, and Chairman Peters 391 of 521 Approved 12/10/2014 Page 3 of 3 Plan Commission Minutes 11/12/2014 Nays: Commissioners Goddard and Lewis Abstain: None The motion was approved 4:2 … B. 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 9:15 pm. Respectfully Submitted, Damir Latinovic Neighborhood and Land Use Planner Community Development Department 392 of 521 For City Council meeting of March 23, 2015 Item P5 Ordinance 19-O-15: Planned Development, 1571 Maple Avenue For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Department Lorrie Pearson, Planning and Zoning Administrator Damir Latinovic, Neighborhood and Land Use Planner Subject: Ordinance 19-O-15 Planned Development, 1571 Maple Avenue, 14PLND-0080 Date: February 26, 2015 Recommended Action: The Plan Commission and staff recommend adoption of Ordinance 19-O-15 for Special Use approval of a Planned Development at 1571 Maple Avenue. The 12-story (133.3- foot high) mixed-use development includes 101 residential units, 3,696 square feet of commercial space and 12 parking spaces on site. Additionally, 101 parking spaces are proposed to be leased from City-owned Maple Avenue public parking garage. The development includes seven site development allowances: number of dwelling units, building height, floor area ratio (FAR), number of parking spaces provided, and building setbacks from the east, north and northwest property lines. This ordinance was introduced at the March 9, 2015 City Council meeting. Summary The applicant is requesting approval of a Planned Development to construct a 12-story mixed-use building on a vacant 22,112-square foot L-shape property bounded by Elmwood Avenue on the east, Davis Street on the north and Maple Avenue on the west. The 15-story One Evanston building is adjacent to the south. The proposed building would be located on the east end of the site along Elmwood Avenue with a 12-space surface parking lot on the west side of the site along Maple Avenue. A 3,696-square foot commercial space occupies the northern portion of the ground floor along Davis Street. The remainder of the ground floor is devoted to residential accessory uses: lobby, lounge area, fitness center, loading dock and mechanical/support areas. Floors 2-12 include a total of 101 residential rental units (21 convertible units, 36 one-bedroom units, 38 two-bedroom units and six three-bedroom units). Memorandum 393 of 521 1571 Maple Avenue Proposed Planned Development Compliance with the Zoning Ordinance The petitioner is requesting approval of seven site development allowances: Site Development Allowances Permitted/Required Proposed # of dwelling units 73 101 Height 85 ft. 133.3 ft. # of Parking Spaces 142 12 on site + 101 off site FAR 4.5 4.8 Ziggurat Side Yard Setback (above 42 ft. in height) from the north property line along Davis Street. 40 ft. 24 ft. Ziggurat Side Yard Setback (above 42 ft. in height) from the east property line along Elmwood Ave. 30 ft. 4 ft. Ziggurat Side Yard Setback (above 42 ft. in height) from the northwest side property lines. 25 ft. 9.75 ft. The proposal will meet all other bulk requirements of the Zoning Ordinance. Parking and Traffic Per the Zoning Ordinance, the proposed building is required to provide 142 parking spaces. The petitioner is proposing a total of 113 parking spaces: 12 spaces on-site and 101 spaces leased from the City-owned Maple Avenue public parking garage located two blocks (1,003 feet) north of the site at 1800 Maple Avenue. 394 of 521 The applicant will sign an agreement to lease the 101 parking spaces from the City before the Certificate of Occupancy is issued. The applicant has also agreed to require residents to disclose their car ownership at the beginning of their lease terms and will accept residents who own cars only until the 101 spaces at the Maple Avenue garage are fully rented. After that the applicant will deny leases to any potential lessees who own cars until the lease agreement with the City has been modified to accommodate additional parking spaces. The applicant will have to submit an annual report on car ownership rates to the City. Based on the discussion at the Plan Commission hearing, the applicant has increased the number of handicapped parking spaces on site from one to two. (revised plan attached) Of the 12 on-site spaces, two would be reserved for car-share vehicles and remaining 10 would be devoted to free public public-parking 10 am - 5 pm. The Maple Avenue garage has a total capacity of 1,400 parking spaces. Only 863 current spaces are leased and average daily occupancy is at 50% (700 spaces). According to the 2010 Census, only 35- 45% of area residents commute to work by car. As a result, the parking and traffic study indicates the proposed development will generate approximately 27 vehicular trips during the morning peak hour and 43 vehicular trips during the evening peak hour. Since 90% of all parking spaces provided are located at the Maple Avenue garage, 90% of the vehicle trips generated will impact the Maple Avenue garage area. Since the parking garage has adequate capacity for the lease of 101 parking spaces and the garage was designed to accommodate its maximum capacity, the newly generated traffic can be accommodated by the garage and surrounding roadways. 1571 Maple Ave. Off-site Parking Location Public Benefits The proposal is an infill development on a vacant site that will generate new property tax and sales tax for the community. The building design meets the design guidelines for planned developments and will enhance the pedestrian scale of development along Davis Street and positively contribute to Evanston’s skyline. In addition, staff has confirmed with the applicant the following public benefits: 1. A one-time contribution of $120,000 to the City’s Affordable Housing Fund. 2. Leasing of 101 parking spaces from the City-owned Maple Avenue parking garage. ($8,585/month or $103,020/year) 395 of 521 3. A one-time Divvy sponsorship contribution in the amount of $56,000. 4. The applicant will employ at least five with a goal of ten Evanston residents during construction. 5. Incorporation of commercial space along Davis Street to enhance the commercial and pedestrian character of the area. 6. LEED Silver certification. 7. Installation of a pervious parking lot. 8. Installation of one free electric charging station within the on-site parking lot. 9. Improvements and expansion of the public sidewalk along Elmwood Avenue including new street trees. 10. Installation of multiple green roofs. 11. Two car-share parking spaces on the site. 12. Subsidized car-share membership fees for building residents. 13. Ten parking spaces open to the public. 14. Installation of public bike parking facilities near the intersection of Davis Street and Elmwood Avenue. 15. Beautification/Installation and maintenance of a living green wall along the east side of Elmwood Avenue/Metra railroad embankment. 16. Installation of two landscaped seating areas along Maple Avenue. 17. A six-foot easement along the north edge of the parking lot for the use of commercial properties at the southeast corner of Maple Avenue and Davis Street to accommodate trash pick-up on Maple Avenue rather than Davis Street. Standards of Approval The Plan Commission found the proposed Planned Development meets the standards and guidelines for approval outlined in Sections 6-3-5-10, 6-3-6-9 and 6-11-1-10 of the Municipal Code. The proposal is consistent with the 2000 Comprehensive General Plan, the 2009 Downtown Evanston Plan and Design Guidelines for Planned Developments. The proposed site development allowances are necessary to create a desirable infill development that provides a significant amount of public benefits and minimizes the impact on surrounding properties. Since the applicant is seeking the site development allowance for increase in height, the Zoning Ordinance requires ziggurat setbacks to mitigate the impact on surrounding properties. The proposed building meets the required 25-foot ziggurat setback from the south property line and achieves the more desired north-south orientation perpendicular to the 15-story east-west oriented building to the south. The proposed building also provides desirable step back for higher portion of the building from Davis Street. The proposed development is compatible with surrounding developments and is not of such nature in height, bulk and scale to exercise any influence contrary to the purpose and intent of the Zoning Ordinance. Legislative History January 14, 2015 – Following the closing statements by the applicant and the attorney representing the Winthrop Club Condominium Association of One Evanston Building located at 1570 Elmwood Avenue adjacent to the south, the Plan Commission unanimously forwarded a positive recommendation to the City Council subject to all conditions outlined in the staff report dated December 11, 2014. 396 of 521 December 17, 2014 –The majority of the hearing was devoted to public comment and testimony by the witnesses of the opposing party, the Winthrop Club Condominium Association. The Commission continued the hearing to January 14, 2014 to hear the closing arguments by the applicant and the opposition. November 5, 2014 – The Plan Commission heard the applicant’s presentation for the Planned Development and public comment and questions for applicant’s witnesses. Upon a written request by the attorney representing the Winthrop Club Condominium Association, the hearing was continued to December 17, 2014. October 8, 2014 – The Plan Commission opened the hearing for approval of the Planned Development and continued it to November 5, 2014 per the applicant’s request without taking any testimony. September 24, 2014 – The Site Plan and Appearance Review Committee (currently known as DAPR) unanimously forwarded a positive recommendation to the Plan Commission. Attachments Proposed Ordinance 19-O-15 Revised Plans and Documents submitted by the applicant since the Plan Commission hearing Standards for Planned Developments in D3 Downtown Core Development district. Plan Commission Minutes 01/14/15, 12/17/14, 11/05/14 and 10/08/14 Link to Plan Commission Packet for 01/14/15: http://www.cityofevanston.org/assets/01.14.15%20PC%20Packet.pdf Link to Plan Commission Packet for 12/17/2014: http://www.cityofevanston.org/assets/12.17.14%20PC%20Packet.pdf 397 of 521 3/19/2015 1/27/2015 19-O-15 AN ORDINANCE Granting a Special Use Permit for a Planned Development Located at 1571 Maple Avenue in the D3 Downtown Core Development District WHEREAS, the City of Evanston is a home-rule municipality pursuant to Article VII of the Illinois Constitution of 1970; and WHEREAS, as a home rule unit of government, the City has the authority to adopt ordinances and to promulgate rules and regulations that protect the public health, safety, and welfare of its residents; and WHEREAS, Article VII, Section (6)a of the Illinois Constitution of 1970, states that the “powers and functions of home rule units shall be construed liberally,” was written “with the intention that home rule units be given the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164, 174-75 (1992)); and WHEREAS, it is a well-established proposition under all applicable case law that the power to regulate land use through zoning regulations is a legitimate means of promoting the public health, safety, and welfare; and WHEREAS, Division 13 of the Illinois Municipal Code (65 ILCS 5/11-13-1, et seq.) grants each municipality the power to establish zoning regulations; and WHEREAS, pursuant to its home rule authority and the Illinois Municipal Code, the City has adopted a set of zoning regulations, set forth in Title 6 of the Evanston City Code of 2012, as amended, (“the Zoning Ordinance”); and 398 of 521 19-O-15 ~2~ WHEREAS, 1571 Maple Avenue LLC (“Applicant”), the Applicant for the proposed development located at 1571 Maple Avenue, Evanston, Illinois (the “Subject Property”), legally described in Exhibit A, which is attached hereto and incorporated herein by reference, applied, pursuant to the provisions of the Zoning Ordinance, specifically Section 6-3-5, “Special Uses”, Section 6-3-6, “Planned Developments”, and Subsection 6-11-1-10, “Planned Developments” in Downtown Zoning Districts, to permit the construction and operation of a Planned Development with accessory parking located at the Subject Property in the D3 Downtown Core Development Zoning District (“D3 District”); and WHEREAS, the Applicant sought approval to construct a new twelve (12) -story one hundred thirty-three and three tenths (133.3) foot tall mixed-use building consisting of up to one hundred one (101) residential units, with a floor area ratio of 4.8, approximately three thousand, six hundred ninety-six (3,696) gross square footage of commercial space and twelve (12) open on-site parking spaces; and WHEREAS, construction of the Planned Development, as proposed in the application, requires exception from the strict application of the Zoning Ordinance with regards to the number of dwelling units, height, number of parking spaces provided, floor area ratio, ziggurat street side yard setback from the north property line along Davis Street, ziggurat front yard setback from the east property line along Elmwood Avenue, and ziggurat side yard setback from the northwest side property lines; and WHEREAS, pursuant to Subsection 6-3-6-5 of the Zoning Ordinance, the City Council may grant Site Development Allowances from the normal district regulations established in the Zoning Ordinance; and 399 of 521 19-O-15 ~3~ WHEREAS, on November 5, 2014, December 17, 2014, and January 14, 2015, in compliance with the provisions of the Illinois Open Meetings Act (5 ILCS 120/1 et seq.) and the Zoning Ordinance, the Plan Commission held a public hearing on the application for a Special Use Permit for a Planned Development, case no. 14PLND- 0118, heard extensive testimony and public comment, received other evidence, and made written minutes, findings, and recommendations; and WHEREAS, the Plan Commission’s written findings state that the application for the proposed Planned Development meets applicable standards set forth for Special Uses in Subsection 6-3-5-10 of the Zoning Ordinance and Planned Developments in the D3 Downtown Core Development District per Subsection 6-11-1- 10 of the Zoning Ordinance; and WHEREAS, on January 14, 2015, the Plan Commission recommended the City Council approve the application with conditions; and WHEREAS, on March 9, 2015, the Planning and Development (“P&D”) Committee of the City Council held a meeting, in compliance with the provisions of the Open Meetings Act and the Zoning Ordinance, received input from the public, carefully considered and adopted the findings and recommendations of the Plan Commission, and recommended approval thereof by the City Council; and WHEREAS, at its meetings on March 9 and March 23, 2015, held in compliance with the Open Meetings Act and the Zoning Ordinance, the City Council considered the recommendation of the P&D Committee, received additional public comment, made certain findings, and adopted said recommendation; and 400 of 521 19-O-15 ~4~ WHEREAS, it is well-settled law that the legislative judgment of the City Council must be considered presumptively valid (see Glenview State Bank v. Village of Deerfield, 213 Ill.App.3d 747) and is not subject to courtroom fact-finding (see National Paint & Coating Ass’n v. City of Chicago, 45 F.3d 1124), NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as facts and incorporated herein by reference. SECTION 2: Pursuant to the terms and conditions of this ordinance, the City Council hereby grants the Special Use Permit applied for in case no. 14PLND- 0118, to allow construction and operation of the Planned Development for a twelve (12) -story one hundred thirty-three and three tenths (133.3) foot tall mixed-use building consisting of up to one hundred one (101) residential units, with a floor area ratio of 4.8, approximately three thousand, six hundred ninety-six (3,696) gross square footage of commercial space and twelve (12) open on-site parking spaces. SECTION 3: The City Council hereby grants the following Site Development Allowances: (A) Number of Dwelling Units: A Site Development Allowance is hereby granted for one hundred one (101) residential dwelling units, whereas subsection 6-11-4- 4(B) of the Zoning Ordinance allows for a maximum of seventy three (73) residential dwelling units in the D3 District. (B) Height: A Site Development Allowance is hereby granted for a building height of one hundred thirty-three and three tenths (133.3) feet, whereas subsection 6-11- 4-8 of the Zoning Ordinance allows for a maximum building height of eighty-five (85) feet in the D3 District. (C) Number of Parking Spaces: A Site Development Allowance is hereby granted for a total of twelve (12) on-site parking spaces, whereas subsection 6-16-3-5 of 401 of 521 19-O-15 ~5~ the Zoning Ordinance requires a minimum of one hundred forty two (142) parking spaces for the proposed Planned Development in the D3 District. (D) Floor Area Ratio (“FAR”): A Site Development Allowance is hereby granted for an FAR of 4.8, whereas subsection 6-11-4-6 of the Zoning Ordinance requires a maximum FAR of 4.5 in the D3 District. (E) Ziggurat Street Side Yard Setback from the North Property Line Along Davis Street: A Site Development Allowance is hereby granted for a ziggurat setback of twenty-four (24) feet at a height of thirty seven and three tenths (37.3) feet, whereas subsection 6-11-1-4 of the Zoning Ordinance requires a ziggurat setback of forty (40) feet for a structure above forty two (42) feet along Davis Street. (F) Ziggurat Front Yard Setback from the East Property Line Along Elmwood Avenue: A Site Development Allowance is hereby granted for a ziggurat setback of four (4) feet at a height of thirty seven and three tenths (37.3) feet, whereas subsection 6-11-1-10(C)(1)(c) of the Zoning Ordinance requires a ziggurat setback of thirty (30) feet for a structure above forty two (42) feet from any front lot line or side lot line abutting a street in the D3 District. (G) Ziggurat Side Yard Setback from the Northwest Side Property Lines: A Site Development Allowance is hereby granted for a ziggurat setback of nine and nine tenths (9.9) feet at a height of thirty seven and three tenths (37.3) feet, whereas subsection 6-11-1-4 of the Zoning Ordinance requires a ziggurat setback of twenty-five (25) feet for a structure above forty two (42) feet from an interior side lot line in the D3 District. SECTION 4: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council imposes the following conditions on the Special Use Permit granted hereby, which may be amended by future ordinance(s), and violation of any of which shall constitute grounds for penalties or revocation of said Special Use Permit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: (A) Compliance with Applicable Requirements: The Applicant shall develop and operate the Planned Development authorized by the terms of this ordinance in substantial compliance with the following: the terms of this ordinance; the Site and Landscape Plans in Exhibit B and C, attached hereto and incorporated herein by reference; all applicable City Code requirements; the Applicant’s testimony and representations to the Site Plan and Appearance Review Committee, the Plan Commission, the P&D Committee, and the City Council; and the approved documents on file in this case. 402 of 521 19-O-15 ~6~ (B) Construction Management Plan: The Applicant shall sign and agree to a Construction Management Plan (CMP) with the City of Evanston prior to issuance of the Building Permit. The CMP shall include but is not limited to the following: construction staging plan, on-street and on-site construction parking restrictions, hours of operation, a plan including cross sections showing pedestrian access around the site with the use of curb ramps, signage and/or striping, foundation survey of surrounding structures including weekly reporting of seismographs for the duration of construction, submittal of environmental testing report prior to construction, visibility diagram for all construction site access points, proposed schedule for street opening for utility connections with cross section details, and project updates via monthly newsletter and project website. (C) On-Site Parking Spaces: The on-site parking spaces must be available to the public for short term use with a maximum two (2) hour time limit. The public parking must be available between the hours of 10:00 a.m. and 5:00 p.m. on any given Monday through Friday. The on-site management company must manage the parking lot and arrange for any violators not in compliance with the parking restrictions to be towed. (D) Maple Avenue Signage: A “Public Parking” Sign must be installed near the parking entrance at Maple Avenue. (E) On-Site Electric Charging Station: One on-site electric charging station must be installed and available to the public and be free of charge. (F) Mechanical Equipment Located on the Roof: The Applicant agrees to install sound-abating fences or enclosures around the mechanical equipment area on the roof of the Planned Development. (G) Landscaping on Elmwood Avenue: Applicant must install and maintain the landscaping materials on the east side of Elmwood Avenue along the railroad embankment directly across from the Subject Property, as depicted in Exhibit C. (H) Maintenance Plan: Applicant must provide a three (3) year maintenance plan for the landscaping materials installed on the green roofs prior to issuance of a building permit by the City of Evanston. (I) On-Site Car Share Spaces: Two on-site car share spaces must be available through an arrangement with a common third party commercial car-share company. Applicant must also fully subsidize one car share membership per unit for all residential units. (J) Bicycle Parking Facilities: The Applicant must install a minimum of sixteen (16) reverse “U”-shaped bicycle parking facilities near the intersection of Maple Avenue and Elmwood Avenue for public use. 403 of 521 19-O-15 ~7~ (K) Sidewalk Streetscape Work: All sidewalk streetscape work must be constructed of concrete with a brick paver band at the curb in accordance with the downtown streetscape standards. (L) Glass Exteriors: The Applicant must either demonstrate that the external materials will be of a bird-safe nature or install bird-safe finishes to the glass exteriors. (M) Loading Space: One parking space within the on-site parking lot must be designated a short-term loading space for the Residents. (N) Landscape Design: The Applicant shall install and maintain all landscaping materials as depicted in Exhibit C. (O) Streetscape Improvements: The Applicant shall construct the streetscape improvements inclusive of new street trees along Elmwood Avenue and Maple Avenue per proposed development plans and landscape plans in Exhibit B and Exhibit C. (P) Affordable Housing Fund: The Applicant shall pay a one-time contribution of one hundred twenty thousand dollars ($120,000) to the City’s Affordable Housing Fund. (Q) Divvy Sponsorship: The Applicant shall pay a one-time Divvy sponsorship contribution in the amount of fifty six thousand dollars ($56,000). (R) City of Evanston Employment: The Applicant agrees to employ at least five (5) Evanston residents, with a goal of ten (10) Evanston residents, during construction. (S) Commercial Space: The Applicant agrees to incorporate the commercial space along Davis Street to enhance the commercial and pedestrian character of the area per development plans in Exhibit B. (T) LEED Silver Certification: The Applicant agrees to comply with the City of Evanston Green Building Ordinance and obtain a LEED Silver Certification Rating or higher for the Planned Development on the Subject Property. (U) Pervious Parking Lot: The Applicant agrees to install a pervious parking lot on the Subject Property. (V) Green Roof Construction: The Applicant shall construct multiple green roofs as depicted in the development plans in Exhibit B and landscape plans in Exhibit C. (W) Landscaped Seating Areas: The Applicant agrees to install two landscaped seating areas along Maple Avenue per landscape plans in Exhibit C 404 of 521 19-O-15 ~8~ (X) Easement: The Applicant agrees to prepare and record an easement for a six- foot wide area along the north edge of the on-site parking lot for the use of commercial properties at the southeast corner of Maple Avenue and Davis Street to accommodate trash pick-up on Maple Avenue rather than Davis Street. A copy of the recorded easement document must be submitted prior to issuance of a building permit by the City of Evanston. (Y) Parking Lease: The Applicant must agree and sign a long-term parking lease agreement with the City of Evanston to lease one hundred one (101) parking spaces based on the standard current monthly parking fee from the Maple Avenue Parking garage located at 1800 Maple Avenue. The lease agreement will mandate that the Applicant pay any increases in the rental rate structure through the term of the lease agreement. The long-term lease agreement shall initially be set for a minimum period of seven (7) years. For the lifetime of the project, the Applicant must require all Residents to disclose their vehicle ownership and conduct periodic reviews to ensure that all vehicles owned by Residents of the building are accounted for within the Maple Avenue garage. The Applicant must provide the certified vehicle ownership report to the City of Evanston annually by January 31st of each calendar year during the first seven (7) year period from the issuance of the Final Certificate of Occupancy. The City of Evanston’s Department of Administrative Services will monitor the Applicant’s certified vehicle ownership reports and the costs incurred by the City of Evanston for such oversight shall be paid for by Applicant’s parking lease fees. If at any time during this initial seven (7) year period such annual vehicle ownership report indicates that the Residents of the building own more than one hundred one (101) cars and require more than one hundred one (101) parking spaces, the Applicant agrees to amend the parking lease agreement with the City and lease the additional parking spaces necessary. The Applicant also agrees to deny apartment leases to potential Residents who own vehicles until such time as the number of vehicles owned by the Residents of the building and required to park in the Maple Avenue garage by terms of this Ordinance falls below one hundred one (101) or until the surplus parking spaces can be accommodated in the revised lease agreement with the City of Evanston. Following the seven (7) year anniversary of the initial parking lease agreement date, the parking lease agreement may be amended. The number of parking spaces leased from the City may be reduced to match the highest number of vehicles owned by the Residents and required to park in the Maple Avenue garage by the terms of this Ordinance in any year during the initial seven (7) year period per the annual parking reports. The number of parking spaces leased by the City may not be reduced in the first seven (7) years and any reduction after the seven (7) year anniversary shall be approved by the City Council as an amendment to the parking lease agreement. Following the expiration of the seven (7) year anniversary of the first amendment to the parking lease agreement, the agreement can be modified every five years thereafter but not before, to match the highest number of vehicles owned by the 405 of 521 19-O-15 ~9~ Residents and required to park in the Maple Avenue garage by the terms of this Ordinance during any calendar year in the preceding five (5) year term per the annual parking report. Any amendments to the number of parking spaces leased from the City of Evanston or any other amendments to the lease agreement, including term extensions, shall be approved by the City Council as an amendment to the parking lease agreement. The Applicant must hold a valid long-term parking lease agreement with the City of Evanston for the lifetime of the project unless this condition is amended by the City Council of the City of Evanston as an amendment to the Planned Development. (Z) Construction Schedule: Pursuant to Subsection 6-11-1-10(A)4 of the Zoning Ordinance, the Applicant shall obtain a building permit within twelve (12) months of the passing of this Ordinance. Additionally, the Applicant must complete the construction of this Planned Development within twenty-four (24) months from the date the Applicant receives its building permit. (AA) Recordation: Pursuant to Subsection 6-3-6-10 of the Zoning Ordinance, the Applicant shall, at its cost, record a certified copy of this ordinance, including all exhibits attached hereto, with the Cook County Recorder of Deeds, and provide proof of such recordation to the City, before the City may issue any permits pursuant to the Planned Development authorized by the terms of this ordinance. SECTION 5: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s tenants, agents, assigns, and successors in interest.” SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 7: Except as otherwise provided for in this ordinance, all applicable regulations of the Zoning Ordinance and the entire City Code shall apply to the Subject Property and remain in full force and effect with respect to the use and development of the same. To the extent that the terms and provisions of any of said documents conflict with the terms herein, this ordinance shall govern and control. SECTION 8: All ordinances or parts of ordinances that are in conflict with the terms of this ordinance are hereby repealed. 406 of 521 19-O-15 ~10~ SECTION 9: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 10: The findings and recitals herein are hereby declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2015 Adopted:___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 407 of 521 19-O-15 ~11~ EXHIBIT A Legal Description PARCEL 1: THE SOUTH 50 FEET OF THE NORTH 200 FEET OF THE WEST 120 FEET OF BLOCK 63 IN EVANSTON (EXCEPT SO MUCH OF SAID PREMISES, IF ANY, WHICH LIES NORTH OF THE SOUTH 300 FEET OF SAID BLOCK 63) TOGETHER WITH THE SOUTH 10 FEET OF THE NORTH 200 FEET OF SAID BLOCK 63 (EXCEPT THEREFROM THE WEST 120 FEET THEREOF AND EXCEPT THAT PART THEREOF DEDICATED FOR STREET PURPOSES); ALSO THAT PART OF SAID BLOCK 63, IF ANY, LYING BETWEEN THE NORTH 200 FEET AND THE SOUTH 250 FEET 1 ½ INCHES OF SAID BLOCK 63 MEASURED ALONG THE WEST LINE OF SAID BLOCK AND LYING WEST OF THE WESTERLY LINE OF ELMWOOD AVENUE ALL IN EVANSTON, A SUBDIVISION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND PART OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 2: THE NORTH 150 FEET OF THAT PART OF BLOCK 63 IN EVANSTON WHICH LIES WEST OF THE RIGHT OF WAY OF THE CHICAGO AND MILWAUKEE RAILROAD (KNOWN AS THE CHICAGO AND NORTHWESTERN RAILROAD) (EXCEPT THEREFROM THE WEST 83 ½ FEET AND EXCEPT THAT PART THEREOF DEDICATED FOR STREET PURPOSES) SAID BLOCK 63 BEING SITUATED IN THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS PARCEL 3: THE SOUTH 40 FEET OF THE NORTH 190 FEET OF THAT PART OF BLOCK 63 IN EVANSTON WHICH LIES WEST OF THE RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN RAILROAD COMPANY (EXCEPT THEREFROM THE WEST 120 FEET THEREOF AND EXCEPT THAT PART THEREOF DEDICATED FOR STREET PURPOSES) SAID BLOCK 63 BEING SITUATED IN THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 4: THE WEST 83 ½ FEET OF THE SOUTH 20 FEET OF THE NORTH 150 FEET OF BLOCK 63 IN THE VILLAGE OF EVANSTON, BEING A SUBDIVISION OF PARTS OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 5: THE EAST 20 FEET 10 INCHES OF THE WEST 83 FEET 5 ½ INCHES OF THE NORTH 130 FEET OF BLOCK 63 IN THE VILLAGE OF EVANSTON IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. 408 of 521 19-O-15 ~12~ PINs: 11-18-310-004-0000 11-18-310-006-0000 11-18-310-007-0000 11-18-310-008-0000 11-18-310-019-0000 11-18-310-020-0000 COMMONLY KNOWN AS: 1571 Maple Avenue, Evanston, IL 60201 409 of 521 19-O-15 ~13~ EXHIBIT B Development Plans 410 of 521 411 of 521 412 of 521 Hirsch A . Arch i tectur e !S~Cl~tes LLC annmg l·I /·\ 413 of 521 414 of 521 415 of 521 416 of 521 417 of 521 418 of 521 419 of 521 420 of 521 421 of 521 422 of 521 423 of 521 424 of 521 425 of 521 426 of 521 427 of 521 428 of 521 429 of 521 430 of 521 431 of 521 432 of 521 433 of 521 434 of 521 435 of 521 436 of 521 19-O-15 ~14~ EXHIBIT C Landscape Plans 437 of 521 Perspective View - Elmwood Avenue L001438 of 521 Perspective View - Parking Entrance L002439 of 521 440 of 521 441 of 521 442 of 521 443 of 521 444 of 521 445 of 521 446 of 521 PLANNED DEVELOPMENT 1571 MAPLE AVE Revised Site Plan and Miscellaneous Documents Submitted for P&D Meeting on 03/09/2015 447 of 521 448 of 521 449 of 521 Center for Neighborhood Technology  2125 W. North Ave., Chicago, IL 60647  p: (773) 278-4800  www.cnt.org February 24, 2015 Michael McLean 1571 Maple Avenue c/o Centrum Partners, LLC 225 W Hubbard St, Suite 650 Chicago, IL 60654 RE: Parking needs at 1571 Maple Avenue in Evanston Dear Michael: This memorandum supports the proposed development and parking solutions at 1571 Maple Avenue in Evanston. 1571 Maple Avenue contracted CNT to conduct the analysis in two segments: an initial scan in December and additional research requests in February. Over the course of its analysis, CNT has concluded that the development could reasonably demand one parking stall per unit, or 101 spaces (13 on site and 88 at the 1800 Maple Avenue garage). Demand could fall significantly well below that ceiling, so it is unnecessary to require Centrum Partners to lease all 88 spaces until residents need them. CNT finds that:  Because of a wealth of transit, bike, and vehicle sharing options, fewer than half of downtown Evanston households drive to work.  Existing car ownership levels are lower than both standard parking minimums citywide and the proposed usage of the Maple Avenue garage.  1571 Maple Avenue is aimed at those market segments that would live in downtown Evanston without cars.  A study in King County, Washington found that parking minimums frequently exceed utilization in multifamily residential buildings.  A case study at 1611 W. Division in Chicago demonstrates that buildings lease without parking if they offer good access to multimodal transportation, additional mobility options, and amenities designed for car-free living. Parking availability should reflect broader transportation choice and a lower demand for cars at 1571 Maple Avenue. Households have greater choice of transportation options at 1571 Maple than most locations in suburban Cook County, which can lower car demand below that of other locations. Consider that:  1571 Maple Avenue is served by both Metra and CTA trains and eight CTA and Pace bus lines.  CTA Purple Line trains arrive every 14 minutes on average,1 and Metra UP-N trains arrive every 27 minutes on average, with trains every ten minutes at rush hour.2 1 http://www.transitchicago.com/assets/1/rail_route_schedules/purple.pdf. 2 http://metrarail.com/metra/en/home/maps_schedules/metra_system_map/up-n/schedule.html. 450 of 521 Center for Neighborhood Technology  2125 W. North Ave., Chicago, IL 60647  p: (773) 278-4800  www.cnt.org  Commuters from 1571 Maple Avenue can use transit services to reach 1.3 million jobs, or 30% of the regional total, in an hour commute.3  The typical household in downtown Evanston drives 14,629 vehicle miles per year, compared to 15,617 citywide and 18,272 throughout the region.4  Four Enterprise Carshare and three Zipcar vehicles exist within a short walk of the site. Divvy bike share will soon expand to Evanston.  Over half (51.4%) of residents around the Davis Street station take transit, walk, or bike to get to work.5  The 1800 Maple Avenue garage is only 1000 feet from the site and nearly as short of a walk as the Davis Street station. Car ownership levels near Davis Street and other transit stations in Evanston suggest that parking minimums exceed demand. Centrum Partners has petitioned Evanston to reduce required parking from 142 for 73 units to 13 on site and up to 88 off site for 101 units, or 1 per unit. This request more accurately reflects the number of cars that households already in the neighborhood own:  In 2000 and 2010, parking requirements exceeded the average number of vehicles owned by households already living in CTA station areas.6 Households within a five minute walk of the Davis station owned an average of 0.94 cars in 2010, well below the two car per unit requirement and just below the one car per unit solution at the Maple Avenue garage.7 Vehicles per household changed only slightly since 2000. Average Number of Vehicles for Households Within ¼ Mile of CTA Stations Source: U.S. Census Bureau, 2000 Census and 2008-12 American Community Survey 3 U.S. Census Bureau, Local Employer-Household Dynamics, 2011and All TransitTM. 4 http://htaindex.cnt.org/ 5 American Community Survey Five-Year Estimates, 2008-2012. Data has been aggregated to the ¼ mile buffer around the Davis CTA station. 6 A station area is defined as ¼ mile or a 5 minute walk from a train station. 7 ACS Five Year Estimates, 2008-2012. 0.00 0.50 1.00 1.50 2.00 2.50 Central Noyes Foster Davis Dempster South Main 2000 2008-12 Parking Required at 1571 Maple Ave 451 of 521 Center for Neighborhood Technology  2125 W. North Ave., Chicago, IL 60647  p: (773) 278-4800  www.cnt.org  Renters own even fewer vehicles than the parking required at the Maple site. In 2010, renters near the Davis Street station owned 0.7 vehicles on average, below both the citywide requirements and the proposed solution at the Maple Avenue garage. Average Number of Vehicles for Renters Within ¼ Mile of CTA Stations Source: U.S. Census Bureau, 2000 Census and 2008-12 American Community Survey Four out of every ten rental households near Davis Street live without a car. Out of 1,018 renters within a quarter mile of the station, 393 (or 39%) did not own a car in 2010.8 Only 81 renter households owned more than one vehicle.1571 Maple targets small households, many of which live without cars in downtown Evanston. The mix of units at 1571 Maple will be marketed toward single-person and households under 35. Already, many households like them live downtown without a car. Units at 1571 Maple Avenue have been designed to target these cohorts, so it is logical to conclude that many tenants will also live without cars.  Three out of every 10 households in downtown Evanston lives without a vehicle. And 1,439 out of 4,730 households had no vehicle as of 2011.9  Ninety-eight percent of these car-free households have only one or two members. Nearly four out of five (78%) car-free households in downtown Evanston have only one person. The units at 1571 Maple Avenue target these cohorts. 8 ACS Five Year Estimates, 2008-2012. 9 ACS Five Year Estimates 2009-2013. Downtown Evanston is defined as Census tracts 9400 and 9500. 0.00 0.50 1.00 1.50 2.00 2.50 Central Noyes Foster Davis Dempster South Main 2000 2008-12 Parking Required at 1571 Maple Ave 452 of 521 Center for Neighborhood Technology  2125 W. North Ave., Chicago, IL 60647  p: (773) 278-4800  www.cnt.org Percentage of Car-free Households by Size of Households in Downtown Evanston Source: 2009-2013 American Community Survey  The vast majority of single-person households have either zero or one vehicle. Among single person households in downtown Evanston, 1,116 or 42% live without a car. Vehicle Ownership for Single Person Households in Downtown Evanston Source: 2009-2013 American Community Survey  Car ownership is slightly lower among renters under 35. This age group makes up 58% of the renters near the Davis station.10 Forty percent of those renters did not own a car in 2010. They may represent a target market for the 1571 Maple development. Off-street parking goes underutilized both nationally and in downtown Evanston. “One size fits all” parking requirements do not consider that demand for off-street parking varies depending on transit access and the urban form of one’s neighborhood. Additionally, downtown Evanston already possesses underutilized off-street parking. One half of neighborhood commuters walk to transit or directly to work, so it is logical that new residents would be willing to walk less than four minutes to an underutilized facility. 10 ACS Five Year Estimates, 2008-2012. 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 1 Person 2 Persons 3 Persons 4+ Persons Car-free Household by Size 0 500 1,000 1,500 2,000 No Vehicles 1 Vehicle 2 Vehicles 3 VehiclesHouseholds Vehicles 453 of 521 Center for Neighborhood Technology  2125 W. North Ave., Chicago, IL 60647  p: (773) 278-4800  www.cnt.org  The Right Sized Parking research project in King County, Washington found that parking requirements often overestimate expected utilization.11 CNT research on the project included the development of a statistical model and online calculator to predict parking utilization in King County based on field data collected for 200 buildings in a variety of neighborhoods. This research project found that the relationship between parking demand and location efficiency was unequivocal: o On average, parking in multifamily buildings was oversupplied by 0.37 stalls per unit. o Multifamily buildings in areas with high transit access observed utilization of 0.65 stalls per unit. o Municipalities required excessive parking in 61% of parcels in King County as a whole and 82% of parcels outside of Seattle. o Outside of Seattle, 43% of all off-street parking spaces were mandated beyond what CNT predicted to be utilized.  Evanston’s Multimodal Transportation Plan, completed in April 2009, found an oversupply and underutilization of existing off-street parking, including the Maple Avenue garage: o At any time of day, downtown parking is no more than 55% utilized.12 o By 5 PM, utilization drops to 40%, and by 7 PM, it drops to 25%. Residents at 1571 Maple Avenue will have a large supply of unused parking after typical business hours. o Other surface lots exist. Lots at 621 Oak Avenue, 1614 Maple Avenue, and 1010 Grove Street contain 83 spaces.13 These lots could represent additional options to absorb demand, although they may be reserved to capacity.  The Sherman Plaza garage offers an additional option for guest parking after hours. While the Plaza hits peak occupancy in the afternoons, fewer than 50% of its spaces are occupied in the evenings.14 A model TOD at 1611 West Division demonstrates that low parking buildings can succeed when tenants have the mobility and lifestyle options to live without a car. The 1611 West Division building, located at the intersection of Division and Ashland in Chicago’s Wicker Park neighborhood. The building has 99 rental units, fully leased and geared towards the smaller households that 1571 Maple Avenue would also serve. There is no off street parking for residents. Consider that:  1611 West Division offers transportation options. It sits at the nexus of the CTA Blue Line and three CTA bus lines; is served by Divvy bike share; offers roughly 100 bicycle parking spaces, which are heavily utilized; and offers an Enterprise car-share vehicle with a discounted membership. The building reports that tenants choose the building because of its transit access to the Loop, O’Hare for business trips, and its mobility choices for other trips.  1611 West Division has amenities specifically designed for car-free living. A monitor in the lobby displays CTA Bus and Train Tracker times, so residents can linger indoors before their bus or train 11 http://metro.kingcounty.gov/programs-projects/right-size-parking/ 12 http://www.cityofevanston.org/pdf/EvanstonMulti-ModalTransportationPlan.pdf 13 http://www.cityofevanston.org/parking/lots-garages/ 14 Conversation with Dan Rachi, Standard Parking, on February 18, 2015. 454 of 521 Center for Neighborhood Technology  2125 W. North Ave., Chicago, IL 60647  p: (773) 278-4800  www.cnt.org arrives. Residents have a washer and dryer in the unit and can use a laundry shoot for dry cleaning. The building has pet friendly services such as professional dog walkers.  1611 West Division has not created parking spillover. Leases for residents include a clause that make them ineligible for parking permits on neighboring streets. Most residents chose the building because of its amenities anyway, so the effect on the neighborhood has been minimal.  1571 Maple Avenue is located in a similar amenity rich environment to 1611 West Division: WalkScore Amenities at 1571 Maple Avenue and 1611 West Division AMENITY 1571 Maple Ave 1611 West Division Transit Stop ● 0.0 miles (CTA 422 Bus) ● 0.1 miles (CTA Purple Line) ● 0.1 miles (UP-N Union Pacific North) ● 0.0 miles (CTA 70 Bus) ● 0.1 miles (CTA Blue Line) ● 0.1 miles (CTA 56 Bus) Carsharing ● 0.0 miles (1571 Maple Ave) ● 0.1 miles (Zipcar Sherman Plaza) ● 0.2 miles (Zipcar 1800 Maple) ● 0.0 miles (Getaround) ● 0.1 miles (1-Go - 1217 N. Bosworth) ● 0.3 miles (1-Go 1301 North Cleaver) Pharmacy ● 0.2 miles (CVS Pharmacy) ● 0.08 miles (CVS Pharmacy) Bank ● 0.06 miles (Chase Bank) ● 0.1 miles (Wells Fargo Bank) ● 0.1 miles (BMO Harris Bank) ● 0.05 miles (Chase Bank) ● 0.07 miles (MB Financial) ● 0.1 miles (Bank of America) Grocery Store ● 0.2 miles (Whole Foods) ● 0.5 miles (Trader Joes) ● 0.3 miles (Jewel-Osco) Hardware Store ● 0.08 miles (Lemoi Ace Hardware) ● 0.2 miles (Ace Hardware) Schools ● 0.4 miles (Kinglsey Elementary) ● 0.4 miles (Dewey Elementary) ● 0.5 miles (Chiaravalle Montessori) ● 0.2 miles (Holy Trinity High) ● 0.2 miles (Near North Montessori) ● 0.3 miles (Peabody Elementary) Post Office ● 0.2 miles (USPS) ● 0.2 miles (USPS)  Additional case study TODs in other markets demonstrate that low-parking buildings are a successful and replicable concept: o Oaks Station Place in Minneapolis, MN:  Served by the Green Line at 46th Street, which opened in 2004  104 rental units, fully leased  84 car parking stalls, but unbundled at $50/month  Free bicycle parking  Two electric “Community Cars” paid for by the developer for four-hour errands  One-third of residents live car free and most self-selected into the building  Parking is mostly leased without parking spillover into the surrounding neighborhood o Buckman Heights in Portland, OR:  15-minute walk from light rail and near high-frequency bus lines  Two blocks from Burnside Street, major bike route into downtown Portland 455 of 521 Center for Neighborhood Technology  2125 W. North Ave., Chicago, IL 60647  p: (773) 278-4800  www.cnt.org  144 mixed-income rental units  58 on-site car parking stalls, unbundled between $15-30/month  Utilized Portland zoning provision to replace 14 car stalls with bike stalls  Bike parking Please let us know if you have additional questions or comments. Sincerely, Jacky Grimshaw Vice President of Policy 456 of 521 P LANNING AND Z ONING D IVISION 847-866-2930  zoning@cityofevanston.org Community Development Department  847-448-8126  www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3700 Evanston, IL 60201 FF II NN DD II NN GG SS FF OO RR AA PP PP RR OO VV LL OO FF PP LL AA NN NN EE DD DD EE VV EE LL OO PP MM EE NN TT SS II NN DD OO WW NN TT OO WW NN DD II SS TT RR II CC TT SS On January 14, 2015, at the conclusion of the public hearing for the above mentioned case, the Plan Commission made the following findings of fact, reflected in the audio- visual recording of the hearing, based upon the standards for approval of Planned Developments in the D3, Downtown Core Development District: 6-3-5-10 Standards for Special Use Standard Finding (A) It is one of the special uses specifically listed in the zoning ordinance; ___X__Met _____Not Met (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 (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 (D) It does not interfere with or diminish the value of property in the neighborhood; ___X___Met _____Not Met (E) It can be adequately served by public facilities and services ___X___Met _____Not Met (F) It does not cause undue traffic congestion; ___X___Met _____Not Met Case Number: 15PLND-0080 Address or Location: 1571 Maple Avenue Applicant: Michael McLean, 1571 Maple Ave LLC. Proposed Planned Development: 12-story, 133.3-foot high mixed-use building with 101 dwelling units, 3,696-square feet of commercial space and 12 open on-site parking spaces. 457 of 521 P LANNING AND Z ONING D IVISION 847-866-2930  zoning@cityofevanston.org Community Development Department  847-448-8126  www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3700 Evanston, IL 60201 (G) It preserves significant historical and architectural resources; ___X___Met _____Not Met (H) It preserves significant natural and environmental features; and ___X___Met _____Not Met (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 6-3-6-9 Standards for Planned Developments Standard Finding As a special use, planned development involves such special considerations of the public interest that it shall be required to adhere to the specific planned development standards established in the zoning district in which it is located. Compliance with the standards shall govern the recommendations of the Plan Commission applicable to a planned development and the action of the City Council in order to ensure that an approved planned development is in harmony with the general purposes and intent of the Zoning Ordinance. The Plan Commission shall not recommend approval of, nor shall the City Council approve, a planned development unless each shall determine, based on written findings of fact, that the planned development satisfies the specific standards established in the zoning district in which the planned development is located. ___X___Met _____Not Met 6-11-1-10 Planned Developments (in Downtown (D) Districts) Standard Finding (A) General Conditions: 458 of 521 P LANNING AND Z ONING D IVISION 847-866-2930  zoning@cityofevanston.org Community Development Department  847-448-8126  www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3700 Evanston, IL 60201 1. Each planned development shall be compatible with surrounding development and not be of such a nature in height, bulk, or scale as to exercise any influence contrary to the purpose and intent of the Zoning Ordinance as set forth in Section 6-1-2, "Purpose and Intent." If the proposed planned development is for a property listed as an Evanston landmark, or for property located within an historic district listed on the National Register of Historic Places or for property located within an historic district so designated by the Evanston Preservation Commission, the planned development shall be compatible with the "Secretary of the Interior's Standards for Rehabilitation" as set forth in the National Historic Preservation Act of 1966, as amended. ___X___Met _____Not Met 2. Each planned development shall enhance the identity and character of the downtown, by preserving where possible character-giving buildings, enhancing existing streetscape amenities, maintaining retail continuity in areas where it is prominent, strengthening pedestrian orientation and scale and contributing to the mixed use vitality of the area. ___X___Met _____Not Met 3. Each planned development shall be compatible with and implement the adopted Comprehensive General Plan, as amended, the Plan for Downtown Evanston, any adopted land use or urban design plan specific to the area, this Zoning Ordinance, and any other pertinent City planning and development policies, particularly in terms of: (a) Land use. (b) Land use intensity. (c) Housing. (d) Preservation. (e) Environmental. (f) Urban design. (g) Traffic impact and parking. ___X___Met _____Not Met 459 of 521 P LANNING AND Z ONING D IVISION 847-866-2930  zoning@cityofevanston.org Community Development Department  847-448-8126  www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3700 Evanston, IL 60201 (h) Impact on schools, public services and facilities. (i) Essential character of the downtown district, the surrounding residential neighborhoods, and abutting residential lots. (j) Neighborhood planning. (k) Conservation of the taxable value of land and buildings throughout the City, and retention of taxable land on tax rolls. 4. Each planned development shall be completed within two (2) years of the issuance of the special use permit for the planned development. If extensive or staged development is approved as part of the planned development, however, the two (2) year requirement may be extended to provide for a more reasonable time schedule. The expanded time schedule shall be adopted as part of the planned development and so noted on the special use permit for a planned development. No special use permit for a planned development shall be valid for a period longer than one (1) year unless a building permit is issued and construction is actually begun within that period and is diligently pursued to completion. The City Council may, however, for good cause shown, extend the one (1) year period for such time as it shall determine, without further hearing before the Plan Commission. The City Council may, at its sole discretion, place conditions on the extension in order to assure that the planned development is diligently pursued to its completion ___X___Met _____Not Met 5. All landscaping treatment within the planned development shall be provided in accordance with the requirements set forth in Chapter 17, "Landscaping and Screening," and shown on the required landscape plan that shall be submitted as part of the planned development application. ___X___Met _____Not Met (B) Site Controls and Standards: 460 of 521 P LANNING AND Z ONING D IVISION 847-866-2930  zoning@cityofevanston.org Community Development Department  847-448-8126  www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3700 Evanston, IL 60201 The following site controls and standards are established to provide a regulatory framework that will promote excellence in site design. Their establishment is not intended to restrict or inhibit the Site Plan and Appearance Review Committee or the applicant from applying other site design principles and standards that may be applicable to the planned development being proposed and that may be found in or interpolated from the Plan for Downtown Evanston, and the City's Manual of Design Guidelines or in common use by design professionals. 1. Walkways developed for a planned development shall form a logical, safe and convenient system for pedestrian access to all project facilities and off-site destinations likely to attract substantial pedestrian traffic. Pedestrian ways shall not be used by other automotive traffic. ___X___Met _____Not Met 2. The location, construction and operation of parking, loading areas, and service areas, shall be designed to avoid adverse effects on residential uses within or adjoining the development and, where possible, provide additional parking beyond that required for the planned development to service the downtown district in which it is located. ___X___Met _____Not Met 3. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. If the planned development employs local streets within the development, said streets shall not be connected to streets outside the development in such a way as to encourage their use by through traffic ___X___Met _____Not Met 4. The planned development shall provide, if possible, for underground installation of utilities (including electricity and telephone) both in public ways and private extensions thereof. Provisions shall be made for acceptable design and construction of storm water facilities including grading, gutter, piping, treatment of turf, and maintenance of facilities. ___X___Met _____Not Met 461 of 521 P LANNING AND Z ONING D IVISION 847-866-2930  zoning@cityofevanston.org Community Development Department  847-448-8126  www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3700 Evanston, IL 60201 5. For every planned development there shall be provided a market feasibility statement that shall indicate the consumer market areas for all uses proposed in the development, the population potential of the area or areas to be served by the uses proposed and other pertinent information concerning the need or demand for such uses of land. ___X___Met _____Not Met 6. For every planned development there shall be provided a traffic circulation impact study which shall show the effect of all proposed uses upon adjacent and nearby roads and highways. The study shall also show the amount and direction of anticipated traffic flow and clearly describe what road and traffic control improvements might become necessary as a result of the construction of the proposed development. ___X___Met _____Not Met 7. The Zoning Administrator may, at his discretion, require of the applicant additional studies or impact analyses when he determines that a reasonable need for such investigation is indicated. ___X___Met _____Not Met (C) Development Allowances: As provided in Section 6-3-6, "Planned Developments," of this Title the Plan Commission may recommend approval of, and the City Council may grant, site development allowances for planned developments. Said allowances shall be limited 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. N/A (b) D2: Forty-three (43) feet. N/A (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 ___X___Met _____Not Met 462 of 521 P LANNING AND Z ONING D IVISION 847-866-2930  zoning@cityofevanston.org Community Development Department  847-448-8126  www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3700 Evanston, IL 60201 (50) feet from any other tower located on the same lot.) (d) Forty (40) feet. N/A Except in the D3 district, 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. 2. The maximum increase in floor area ratio over that otherwise permitted in the D2, D3 or D4 district shall be as follows: (a) D2: 1.25 N/A (b) D3: 3.5 ___X___Met _____Not Met (c) D4: 0.5 (0.6 when incorporating residential dwelling units). N/A (D) Mandatory Planned Development Minimum Thresholds: Any development the land use of which is listed among the permitted uses or special uses for the zoning district in which the subject property is located meeting any one (1) of the following characteristics may only be authorized as a planned development in accordance with Section 6-3-6 of this Title. For purposes of this Subsection, "new construction" is defined as construction that results in the zoning lot being improved with substantially new structures, and/or construction conforming to the definition of a "substantial rehabilitation and substantial additions" in Section 6-18-3 of this Title. 1. The area of the zoning lot to be improved with new construction is in excess of thirty thousand (30,000) square feet. 2. The development provides for the construction of more than twenty-four (24) new residential units. 3. The development plan for which ___X___Met _____Not Met 463 of 521 P LANNING AND Z ONING D IVISION 847-866-2930  zoning@cityofevanston.org Community Development Department  847-448-8126  www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3700 Evanston, IL 60201 application for a building permit is made contains more than twenty-four (24) units of any one (1) type or in any combination of any commercial, business, retail or office uses. 4. The development plan for which application for a building permit is made contains more than twenty-four (24) units of any one (1) type or in any combination of any residential, commercial, business, retail, or office uses. 5. The development plan for which application for a building permit is made provides for the new construction of more than twenty thousand (20,000) square feet of gross floor area under one (1) roof for any commercial, business, retail or office use. For purposes of this Subsection, gross floor area excludes the area of any floors or portion of floors the volume of which is below the established grade but shall include all accessory areas, areas devoted to parking or loading, elevator shafts, stairwells, space used solely for heating, cooling, mechanical, electrical and mechanical penthouses, refuse rooms and uses accessory to the building, notwithstanding floor areas excluded from the calculation of gross floor area by Section 6-18-3 of this Title. and based upon these findings, and upon a vote: __7__ in favor & __0__ against Recommends to the City Council: _____ approval without conditions __x__ approval with conditions, specifically: The following conditions outlined in the Staff Report dated December 11, 2014: 1. The proposed planned development at 1571 Maple Avenue shall substantially conform to the plans and documents attached to this report. 2. The on-site parking spaces open to the public must be available for short term use with maximum 2-hr. time limit. The public parking must be available between 9 am 464 of 521 P LANNING AND Z ONING D IVISION 847-866-2930  zoning@cityofevanston.org Community Development Department  847-448-8126  www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3700 Evanston, IL 60201 and 9 pm daily. The on-site management company must manage the parking lot and arrange for any violators not in compliance with the parking restrictions to be towed. 3. A “public parking” sign must be installed near the parking entrance at Maple Avenue. 4. The on-site electric charging station must be available free of charge. 5. The applicant must install sound-abating fence/enclosure around the mechanical equipment area on the roof. 6. The applicant must maintain the landscaping materials on the east side of Elmwood Avenue along the railroad embankment directly across from the subject property. 7. The applicant must provide a 3-year maintenance plan for the landscaping materials installed on the green roofs prior to issuance of the building permit. 8. The two on-site car-share spaces must be available through an arrangement with a common third party commercial car-share company. 9. The applicant must install a minimum of 16 reverse “U”-shape bicycle parking facilities near the intersection of Maple Avenue and Elmwood Avenue for public use. 10. All sidewalk streetscape work must be constructed of concrete with a brick paver band at the curb in accordance with the downtown streetscape standards. 11. The applicant must install bird-safe finishes to glass exteriors. 12. One parking space within the on-site parking lot must be designated a loading space. _____ denial of the proposed Planned Development. Plan Commission Attendance: Vote: Aye Nay ___X__ Scott Peters (Chair) __X__ ____ ___X___ Richard Shure __X__ ____ _______ Lenny Assaro _____ ____ ___X___ Terri Dubin __X__ ____ ___X___ Jim Ford __X__ ____ ___X___ Carol Goddard __X__ ____ __ X ___ Colby Lewis __ X _ ____ __ X ___ Andrew Pigozzi __ X _ ____ _______ Kwesi Steele ______ ____ 465 of 521 APPROVED 02/11/2015 Page 1 of 4 Plan Commission Minutes 01/14/2015 MEETING MINUTES PLAN COMMISSION Wednesday, January 14, 2015 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Scott Peters (Chair), Jim Ford, Richard Shure, Colby Lewis, Terri Dubin, Andrew Pigozzi, Carol Goddard, Members Absent: Kwesi Steele, Lenny Asaro, Associate Members Present: Stuart Opdycke Associate Members Absent: David Galloway, Seth Freeman Staff Present: Damir Latinovic, Neighborhood and Land Use Planner Lorrie Pearson, Planning and Zoning Administrator Michelle Masoncup, Deputy City Attorney Mario Treto, Assistant City Attorney Presiding Member: Scott Peters, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM With the Chairman’s term being an annual appointment Commissioner Ford made a motion to nominate Commissioner Peters as Chairman Pro Tempore for this meeting. Commissioner Shure seconded the motion. A voice vote was taken and the motion was approved by voice call 7-0. Chairman Pro Tempore Peters explained the Board will elect a new chairperson for 2015 at the next regularly scheduled meeting as his term ends in March. Chairman Pro Tempore Peters called the meeting to order at 7:15 P.M and explained the general meeting procedure, schedule, agenda items, time limits on public testimony and opportunities for cross examination of witnesses. Chairman Pro Tempore Peters concluded the opening statement 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. 2. APPROVAL OF MEETING MINUTES: December 10, 2014 and December 17, 2014 Commissioner Ford made a motion to approve the minutes from December 10, 2014 and December 17, 2014. 466 of 521 APPROVED 02/11/2015 Page 2 of 4 Plan Commission Minutes 01/14/2015 Commissioner Dubin seconded the motion. A voice vote was taken and the minutes were approved unanimously. 3. OLD BUSINESS A. PLANNED DEVELOPMENT 14PLND-0118 1571 Maple Avenue Michael McLean of 1571 Maple Avenue, LLC., developer of the proposed project, has applied for a Special Use for a Planned Development in the D3-Downtown Core Development District (Title 6-Zoning of the Municipal Code, Section 6-11) to construct a 12-story (133.3-foot high) multiple-family building with 101 residential units, 3,696-square feet of commercial space and 13 open parking spaces. The applicant seeks site development allowances for the number of dwelling units, building height, floor area ratio (FAR), number of on-site parking spaces provided, and building setbacks from the east, north and northwest property lines. In addition, the applicant may seek and the Plan Commission may consider additional Site Development Allowances as may be necessary or desirable for the proposed development. The Plan Commission makes a recommendation to the City Council, the final determining body for this proposal. Chairman Pro Tempore Peters invited the applicant and the opposing council to make their closing arguments. Bernard Citron, attorney for 1571 Maple, noted the effort made by the developers to work with the City and propose a development which balanced the interests of all invested parties. He maintains that this project is compatible and consistent with the surrounding area in terms of height and use. Mr. Citron stated that this development provides public benefits, enhances the streetscape, utilizes an underdeveloped site, and meets the Standards of Approval outlined in the City Code. Tom Ramsdell, attorney for Winthrop Club Homeowners Association, 1571 Elmwood Avenue, closed his argument by explaining how off-site parking will deter women, the elderly, and the handicapped from living in this development. He also explained that the disrupted views at 1571 Elmwood Avenue would adversely impact property values. Mr. Ramsdell upheld that this development does not follow guidelines set in the Downtown Plan and noted the concerns of surrounding residents. Chairman Pro Tempore Peters allowed the applicant to provide a rebuttal statement. Mr. Citron rebutted that the Downtown Plan is a guideline, not a governing document. He notes that this project is a balancing act. He stated that the opposition’s major concern was their view. He surmised that there were no ordinances that determined that existing residents’ views had to be protected by law if a structure was to be built on a developable lot. He closed his argument by observing the fact that any women or elderly who choose to live here will not be endangered by the off-site parking. Chairman Pro Tempore Peters closed the testimony for this case and started deliberations. Mr. Latinovic noted the proposed staff conditions outlined in the staff’s report. 467 of 521 APPROVED 02/11/2015 Page 3 of 4 Plan Commission Minutes 01/14/2015 Commissioner Lewis voiced concerns regarding the ADA requirements for parking spaces. Commissioner Ford suggested that 5 ADA spaces might be a viable condition but suggested that the Commission continue with deliberations until a vote was necessary. Commissioner Pigozzi inquired whether there are state laws in terms of decibel levels for the rooftop AC units. Mr. Latinovic responded that maximum permitted decibel levels do exist and will have to be met. This is why staff is suggesting a condition for sound mitigating enclosure that would additionally reduce noise levels. Mr. Latinovic further clarified that the applicant would be required to provide sound abatement specifications during final Design and Project Review (DAPR) approval before the permit is issued. Commissioner Dubin asked if there was a limit as to how long the green wall embankment would be maintained. Mr. Latinovic responded that the development will assume all responsibility for maintaining this space same as any landscaping on their property. Commissioner Ford noted that 1 ADA space was being proposed where 5 ADA spaces would normally be required if all 114 parking spaces were provided in one location. He suggested that as a compromise 3 ADA spaces be provided on site and 2 more required in the Maple Street Garage. Commissioner Goddard stated that parking is a necessity in that area and that 1 ADA space should be sufficient. Commissioner Dubin also noted that the extra ADA spaces may not be utilized. Commissioner Ford made the motion to add 3 ADA spaces as a condition to the proposal. Commissioner Lewis seconded the motion. A voice vote was taken and the motion failed with a lack of majority (3-4). Commissioner Goddard made the motion to approve all recommended staff conditions for the planned development. Commissioner Pigozzi seconded the motion. A voice vote was taken and the motion was approved 7-0. Chairman Pro Tempore Peters proceeded with evaluation of the relevant standards for approval of planned developments one by one. Commissioner Ford specifically noted that the development presents no negative cumulative effect since the considered impact does not include future proposals, but only existing conditions. Furthermore, he stated that the planned development may diminish some values at One Evanston building; however, as a whole, this development also may very well increase the value of many other businesses and properties in the area. He also recognized that staff demonstrated in the memo how the development was compatible and consistent with both the Comprehensive Plan and the Downtown Plan. It was also noted that even though the Form Based Code portion of the 468 of 521 APPROVED 02/11/2015 Page 4 of 4 Plan Commission Minutes 01/14/2015 Downtown Plan was not adopted, this development does comply with other guidelines presented in that plan. The Plan is a guiding document that indicated a taller building could be built south of One Evanston. It makes more sense to build the height closer to the train station rather than further away south of One Evanston. He believes the project meets the standard within the Zoning Ordinance for compliance with the Downtown Plan. Commissioner Opdycke explained the intent of the Downtown Plan was to define the Traditional District within the downtown and prevent canyonization. This project includes a three story portion along Davis and then includes a generous setback before the building goes up to twelve stories. The project is therefore consistent with the intent of the Downtown Plan. He also voiced concern about parking. The Commission concluded going through the rest of the Standards for Approval. Mr. Latinovic confirmed the seven site development allowances sought are within the maximums allowed. Commissioner Ford made a motion to recommend approval of the proposed planned development with conditions outlined in the staff report as the Commission has found all Standards for Approval of the Planned Development have been met. Commissioner Godard seconded the motion. A roll call was taken and the motion was approved 7-0. Chairman Pro Tempore Peters informed the public the case moves on to the Planning and Development Committee of the City Council and ultimately must be approved by the City Council. He suggested taking a ten minute break at 9:15 pm. The Commission reconvened at 9:25 p.m. … 5. ADJOURNMENT There being no further discussion, Commissioner Ford made a motion to adjourn the meeting. Commissioner Lewis seconded the motion. A voice vote was taken and the motion was approved by voice call 7-0. The meeting was adjourned at 9:41 pm. Respectfully Submitted, Damir Latinovic Neighborhood and Land Use Planner Community Development Department 469 of 521 Approved 01/14/2015 Page 1 of 6 Plan Commission Minutes 12/17/2014 MEETING MINUTES PLAN COMMISSION Wednesday, December 17, 2014 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Scott Peters (Chair), Jim Ford, Richard Shure, Colby Lewis, Terri Dubin Members Absent: Kwesi Steele, Lenny Asaro, Carol Goddard, Andrew Pigozzi Associate Members Present: Stuart Opdycke Associate Members Absent: David Galloway, Seth Freeman Staff Present: Damir Latinovic, Neighborhood and Land Use Planner Lorrie Pearson, Planning and Zoning Administrator Michelle Masoncup, Deputy City Attorney Mario Treto, Assistant City Attorney Presiding Member: Scott Peters, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM Chairman Peters called the meeting to order at 7:00 P.M and explained the general meeting procedure, schedule, agenda items, time limits on public testimony and opportunities for cross examination of witnesses. Chairman Peters concluded the opening statement 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. 2. OLD BUSINESS A. PLANNED DEVELOPMENT 14PLND-0118 1571 Maple Avenue Michael McLean of 1571 Maple Avenue, LLC., developer of the proposed project, has applied for a Special Use for a Planned Development in the D3-Downtown Core Development District (Title 6-Zoning of the Municipal Code, Section 6-11) to construct a 12-story (133.3-foot high) multiple-family building with 101 residential units, 3,696-square feet of commercial space and 13 open parking spaces. The applicant seeks site development allowances for the number of dwelling units, building height, floor area ratio (FAR), number of on-site parking spaces provided, and building setbacks from the east, north and northwest property lines. In addition, the applicant may seek and the Plan Commission may consider additional Site Development Allowances as may be necessary or desirable for the 470 of 521 Approved 01/14/2015 Page 2 of 6 Plan Commission Minutes 12/17/2014 proposed development. The Plan Commission makes a recommendation to the City Council, the final determining body for this proposal. Mr. Latinovic explained that upon request from the Plan Commission, the petitioner has submitted requested materials. He also noted that the attorney representing the Winthrop Club Homeowners Association had also submitted additional materials, all of which can be found in the packet posted online. Tom Ramsdell, attorney for Winthrop Club Homeowners Association, 1571 Elmwood Avenue, cross-examined witnesses who had previously spoken on behalf of the applicant for the planned development. Michael MaRous, MaRous and Company, real estate appraiser, answered questions regarding his match-pair report and stated that the development provides for rentals and modern development which encompass public benefits and housing goals for the City. If the building was built parallel to One Evanston building and in compliance with what Zoning allows, then it would have a more proximate and negative effect on One Evanston. Michael Werthmann, KLOA, traffic engineer, provided testimony regarding parking and whether or not it complied with ADA standards. He noted that the elderly or physically handicapped will probably not choose to live in this facility if they own cars. Steve Lenet, AICP, ASLA, from LCT Design, gave testimony regarding the 2009 Downtown Plan and previous goals the City had in mind for this property. He noted that the Downtown Plan recommended a less intensive developments west of the Davis St. station, but the development is subject to the Zoning Ordinance. Mr. Ramsdell concluded his cross-examination and began presenting his primary case and objections to this project. Allan Kracower, Kracower & Associates, urban planner, stated that his role in this project included identifying context for the standards and in his opinion, this project is excessively dense and does not meet ADA requirements. He thinks the project excludes those in need of housing. He contested the listed public benefits and noted parking concerns. Bernard Citron, attorney for 1571 Maple, remarked that the Downtown Plan is only advisory. The Zoning Ordinance governs land use in this case. Mr. Kracower commented that the Downtown Plan is mentioned in the Zoning Ordinance which elevates its significance. Commissioner Shure asked about the status of the Downtown Plan and whether it was advisory. Chairman Peters thought the question was beyond the scope of this evening’s meeting. Mr. Treto stated that the Zoning Ordinance is the governing code. The Downtown Plan serves to supplement the Comprehensive Plan both of which serve as a guide for the Zoning Code. The Form Based Code, a recommendation from the Downtown 471 of 521 Approved 01/14/2015 Page 3 of 6 Plan Commission Minutes 12/17/2014 Plan was not adopted by the City Council. Despite various recommendations made in the Downtown Plan, the Commission must govern by the Zoning Ordinance. Bill Kokalias, Axios Architects & Consultants Ltd. , architect, provided and explained his illustrations demonstrating the visual impacts the planned development would have on One Evanston building to the south. Chairman Peters inquired whether the building could be built with a different alignment and what the impact would be. Mr. Kokalias responded that it could have a different alignment, but it would more significantly impact One Evanston. Chairman Peters suggested taking a ten minute break at 8:32 pm. The Commission reconvened at 8:42 p.m. John Sattar, JCS Real Estate Services, Inc., appraiser, stated his role in this project was to identify imposed impacts of the planned development on One Evanston building. He expressed disagreement with Mr. MaRous’ report. Upon questioning from Commissioner Ford, Mr. Sattar noted general health and welfare as being potentially impacted by the development. He worried that a cumulative impact will mean future developments will get the same allowances. Commissioner Lewis asked how a vacant lot affects property value. Mr. Sattar stated that any kind of decrease in property value would be temporary until the site was developed. Mr. Sattar then clarified that no studies on parking impairing the general welfare were completed for his report. Howard Ellman, President of the Winthrop Club Homeowners Association for One Evanston, highlighted his personal experience in dealing with this planned development and thought the Downtown Plan was not adequately considered by City staff. Commissioner Ford noted that the public benefit bonuses listed in the Downtown Plan’s Form Base Code are conditional, not required. Commissioner Shure noted that the Downtown Plan is only advisory. Chairman Peters asked what should be built on the property. Mr. Ellman stated that a building with less density and which better fit in with the neighborhood would be appropriate. Chairman Peters invited the public to ask questions or provide comments. Joe Rocheleau, 1400 Maple Avenue, stated that he does not believe the planned development meets requirements, fears cumulative effect, and believes proposed parking plan is impractical and unsustainable. Commissioner Ford inquired whether parking fees would be bundled with the residential lease. Mr. Citron answered that parking fees would be separate from 472 of 521 Approved 01/14/2015 Page 4 of 6 Plan Commission Minutes 12/17/2014 leases similar to most other apartment buildings. He noted that this building is not catered to those who use cars frequently. Doug Fuson, 1570 Elmwood Avenue, stated that he was told in spring of 2013 that nothing over 4 stories tall would be built on this lot and stated concern that the zoning ordinances are getting confusing. Debbie Magnuson, 2611 Hartzell Avenue, cited her real estate experience and expressed concern regarding traffic and lack of demand for rental units. She stated that view does affect price and believes assumption that most people are going to use public transit is impractical. Steve Lewis, 1400 Maple Avenue, stated that Evanston has the ability to be selective. The development is not necessary and he doesn’t want to accept bad deals from developers while allowing them exceptions. David Reynolds, 204 Davis Street, stated that the parking garage at Church and Chicago was built to address parking problems. Not requiring parking for this development is problematic. He expressed concern that there are more benefits for the developer than the public. Janet Larson, 1501 Oak Avenue, stated her concerns regarding views and reduced natural light. She noted that women might not be comfortable being required to use a parking garage two blocks away. David Kuo, 1570 Elmwood Avenue, commented that the elderly, handicapped, and women might be limited by the development in terms of accessibility and safety. He also noted high rental rates and traffic congestion as concerns. Katie Traines, 1570 Elmwood Avenue, submitted a petition to the Commission with 78 signatures. Donna Marcus, nearby resident, noted that permit parking is available for street parking and expressed concern 1571 Maple residents taking advantage of it. Mr. Latinovic clarified that residential permit parking is only available to residents who live on that block, which will not include the residents of the proposed development. Upon questioning from Mr. Citron regarding Mr. Sattar’s testimony, Mr. MaRous clarified that a market study was prepared by appraisal research counselors cited in his report. Mr. MaRous further explained his match-pair analysis. Upon questioning from Mr. Citron, Mr. Lenet stated that the weight of public benefits needs to be considered as opposed to the number of public benefits on a case-by- case basis. Corena Pinopa, 1571 Elmwood Avenue, asked Mr. Lenet about the net benefit of tax revenue, since property taxes of units facing the new building will drop to the value of units going down. Mr. Lenet clarified he does not believe there would be any decrease in any taxes but only additional tax benefits. 473 of 521 Approved 01/14/2015 Page 5 of 6 Plan Commission Minutes 12/17/2014 Mr. Ellman noted that there will still be tax benefits to a shorter, less dense building. Mr. Kuo stated that rental residents are transient and maybe larger benefits could come from condominium owners. Mr. Lenet responded that zoning cannot discriminate or characterize residents. Despite howthis development is marketed, it is defined as a multi-family residential building by the Code. Commissioner Ford questioned the meaning of the term ‘transient’ in relation to Evanston, referencing 4-year student renters. Mr. Lenet stated that 4-year renters are also likely to become permanent residents. Michael McLean, 642 Sheridan Square, developer, noted that in this area of downtown Evanston, 56% of units are rental units. It would be difficult to define Downtown Evanston as transient, however. He also stated that technology companies are more likely to move to downtown Chicago because that is where the talented, young millennials want to be. In order to keep tech companies in Evanston, Evanston must attract and retain the in-demand, talented, young people. In response, Mr. Kuo stated that he did not think the size and price of the units in the proposed development would be enough to attract the demographic Mr. McLean had described. He noted that this demographic already exists in Evanston due to Northwestern University. Mr. Ellman asked whether rental units making up 56% of this area is actually a good thing. Commissioner Ford noted that give or take a few percentages, a 44% ownership and 56% rental for the area is actually rather balanced. There being no further discussion, Chairman Peters closed the public participation and public comment portion of the hearing. A brief discussion followed amongst the Commission members if they should continue the case to the next meeting date or invite the closing statements by both parties. Commissioner Ford made a motion to continue the hearing to January 14, 2015 for closing arguments and Commission deliberation. Commissioner Lewis seconded the motion. A voice vote was taken and the motion was approved 5-0. … 4. ADJOURNMENT There being no further discussion, Commissioner Dubin made a motion to adjourn the meeting. Commissioner Lewis seconded the motion. A voice vote was taken and the motion was approved by voice call 5-0. 474 of 521 Approved 01/14/2015 Page 6 of 6 Plan Commission Minutes 12/17/2014 The meeting was adjourned at 10:42 pm. Respectfully Submitted, Damir Latinovic Neighborhood and Land Use Planner Community Development Department 475 of 521 Approved 12/10/2014 Page 1 of 5 Plan Commission Minutes 11/05/2014 MEETING MINUTES PLAN COMMISSION Wednesday, November 5, 2014 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Scott Peters (Chair), Jim Ford, Carol Goddard, Richard Shure, Colby Lewis, Terri Dubin Members Absent: Kwesi Steele, Lenny Asaro, Andrew Pigozzi Associate Members Present: Stuart Opdycke Associate Members Absent: David Galloway, Seth Freeman, Staff Present: Damir Latinovic, Neighborhood and Land Use Planner Lorrie Pearson, Planning and Zoning Administrator Michelle Masoncup, Deputy City Attorney Mario Treto, Assistant City Attorney Presiding Member: Scott Peters, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM Chairman Peters called the meeting to order at 7:00 P.M and explained the general meeting procedure, schedule, agenda items, time limits on public testimony and opportunities for cross examination of witnesses. Chairman Peters concluded the opening statement 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. 2. APPROVAL OF MEETING MINUTES: 10/08/2014 Commissioner Lewis made a motion to approve the minutes as prepared. Commissioner Goddard seconded the motion. A voice vote was taken and the minutes were approved by voice call 6-0. 3. OLD BUSINESS A. PLANNED DEVELOPMENT 14PLND-0118 1571 Maple Avenue Michael McLean of 1571 Maple Avenue, LLC. developer of the proposed project, has applied for a Special Use for a Planned Development in the D3-Downtown Core Development District (Title 6-Zoning of the Municipal Code, Section 6-11) to construct a 12-story (133.3-foot high) multiple-family building with 101 residential units, 3,696-square feet of commercial space and 13 open parking spaces. The applicant seeks site development allowances for the number of dwelling units, building height, floor area ratio 476 of 521 Approved 12/10/2014 Page 2 of 5 Plan Commission Minutes 11/05/2014 (FAR), number of on-site parking spaces provided, and building setbacks from the east, north and northwest property lines. In addition, the applicant may seek and the Plan Commission may consider additional Site Development Allowances as may be necessary or desirable for the proposed development. The Plan Commission makes a recommendation to the City Council, the final determining body for this proposal. Mr. Latinovic presented the Staff Report. The proposal has been modified to address many concerns of area stakeholders and city staff to better uphold guidelines that are outlined in the Zoning Ordinance and Comprehensive Plan. He concluded by reviewing the standards of approval for Special Use stating that staff recommends approval to City Council with the conditions outlined in the Staff Report. Bernard Citron, attorney, provided a brief introduction to the project stating that this site consisted of a vacant lot in the middle of a downtown area. This development is essential for the business and housing needs of those who work in the city, at the hospital, Northwestern, or any surrounding restaurants. This development will promote affordability for young business professionals and utilize the walkability of downtown Evanston. Michael McLean, 642 Sheridan Square, developer, cited his personal experience of losing a home and not finding a suitable substitution as a driving factor for working on this project to bring affordable living to Evanston. Smaller units allow for people to live more simply and the location reduces reliance on vehicles. Mr. McLean stated that the market is ripe in Evanston for this sort of development due to downtown businesses consistently losing skilled employees to downtown Chicago’s assortment of efficient and walkable living options. Mr. Citron asked Mr. McLean to expand upon the need for development allowances regarding height and number of building units. Mr. McLean replied that the geometry of the site is quite irregular and presents physicality issues for design. The “flag shaped” lot makes any sort of development difficult. In order to accommodate the neighbors and accentuate the east-west view, the developers have requested reduced setbacks with a reduced building footprint. Mr. Citron asked, financially speaking, if they could develop the site with fewer units, to which Mr. McLean responded, no, citing the physical nature of the site and noted there will likely be a reduced number of residents despite an allowance for more units. The residents of this building will increase economic activity. Residents choose to live simply because their entertainment, food, and work is right outside their front door. Mr. Citron then asked Howard Hirsch, designer and architect, to comment about design guidelines for the building, to which Mr. Hirsch responded that if they followed the ordinance, they would be permitted to build a four story parking structure with 85 feet built on top of it. The irregular shape of the site would make for a very imposing structure. Designing a skinnier building without parking made for a better design and lessened the impact on neighboring buildings. Setback allowances would allow for a greater distance from neighboring businesses and better accommodates access to sunlight. 477 of 521 Approved 12/10/2014 Page 3 of 5 Plan Commission Minutes 11/05/2014 Mr. Hirsch went on to say that this development incorporates different massing into a coherent structure that creates a variation in scale from the street. These variations in scale further lessen the imposing nature of the building that developers like to avoid. Mr. Workman, traffic engineer, stated that he did not think the development would have a significant impact on traffic and congestion. This development is going to promote the idea of warehousing vehicles. The need for a vehicle is greatly reduced due to the simplistic nature of the development and any kind of necessary parking can be acquired through leasing spaces at the Maple Ave Garage. In addition, 2 spaces for car-sharing vehicles, bike racks and proximity to the train will reduce traffic congestion. Steve Leonard, land use/zoning consultant, stated that this development is consistent with buildings expected in a D3 Downtown Core Development District while upholding the standards and guidelines laid out in the Comprehensive and Downtown Plans. Mr. Leonard went on to say that this site needs more design consideration due to the shape and believes developers have taken proper steps to lessen impact, create cohesive design, and ensure appropriate usage for the site. Michael MaRous, real estate appraiser, stated that he did not believe there would be an adverse impact on surrounding property values if the project was approved. He conducted a matched-pair report in which he studied Optima Towers, a similar development where the neighboring buildings are only 20 ft away from each other in some areas and featured an irregularly shaped structure. In his findings, valuation was only affected by height, core location, and market conditions. Distance from the neighboring building did not affect the values of the neighboring building and therefore, this development should not negatively affect the surrounding area either. There being no further witnesses, Chairman Peters suggested taking a ten minute break at 8:30 pm. The Commission reconvened at 8:40 pm. Chairman Peters stated that during the break, he received a letter from the attorney representing the property owners adjacent to the south (One Evanston building) requesting a continuance of the Case. Given the number of residents that showed up he stated he will accept public comment. Commissioner Ford stated that leasing spaces from the Maple Avenue Garage was always intended by the City, but was wondering if there was a limit to the number of spaces that could be leased? Mr. Latinovic answered that City monitors capacity in all City-owned garages and leases only where there is still ample availability. Proposed l eas from the Maple Avenue Garage will not affect the availability of public parking. Commissioner Opdycke asked if there were any parking restrictions south of Lake Street that would make parking difficult if residents of this proposed development were to park on the street. Mr. Latinovic described surrounding street parking restrictions. He also pointed out that available street parking and the proposed City-owned garage are the same distance from the development with the garage offering evasion from street cleaning and snow, making it the more likely option. 478 of 521 Approved 12/10/2014 Page 4 of 5 Plan Commission Minutes 11/05/2014 Commissioner Opdycke asked if any affordable housing units had been required, to which Mr. Latinovic answered, no. Commissioner Opdycke urged the City move more quickly on updating the Affordable Housing Ordinance . Chairman Peters then invited the public to provide comments. Lucy Miller, resident of One Evanston, 1567 Elmwood Avenue, asked that future renderings portray the north facing side of her building to show the windows that line the façade. She feels that development will obstruct the views and wishes for that to be obvious in presentations. Debbie Magnuson asked where residents at the new rental facility featuring 300 units on Emerson and Maple would be expected to park. Her concern is that those residents will also utilize a nearby City lot. Mr. Latinovic stated that the building had 350 parking spaces and they are not leasing any spaces from the Maple Avenue Garage Karen Whenner, 1567 Elmwood Avenue, asked how much the rent would be. Mr. McLean replied that the market will dictate price and numbers may vary, but rents could range from $1,400 to $2,800. These rates are lower than other Class A apartments. Less reliance on vehicles or not owning a car at all could also save up to $10,000/year for residents. Commissioner Shure inquired whether the developers have made accommodations pursuant to the American Disabilities Act, to which Mr. Latinovic confirmed that the entire building will have to be ADA accessible. Sally Henderson, 1570 Elmwood, stated her concerns regarding height, noise, and lack of privacy. She moved to Evanston due to health issues and lives on a fixed income. She fears that her property value will diminished along with her view and money that was meant for her family someday will be lost because of this development. Dr. Katherine Boho, 1570 Elmwood, stated that she opposed One Evanston building for the same reasons as this development. She said that she lives at One Evanston now for the view and was told nothing over 5 stories could be built on this lot. She believes this development is stealing their views, obstructing daytime brightness, and setting a negative precedence. Commissioner Opdycke noted that the residents of the building directly west of 1570 Elmwood had her same concerns and objections about her building. Commissioner Lewis asked for clarification regarding building height. His understanding was that that 8 stories was allowable along with a 40 foot parking structure which would total125 feet and the planned development in question totals 133 feet in height without parking. Chair Peters confirmed and said that a developmental allowance for height can be made if the developer does not exceed the maximum and standards are met. Commissioner Ford asked if diagrams could be provided that would illustrate what east, west and north views would look like if he was standing at various points of the 6th Floor staring at the proposed development. 479 of 521 Approved 12/10/2014 Page 5 of 5 Plan Commission Minutes 11/05/2014 Commissioner Opdycke asked if the Downtown Plan was only an advisory document to which Chair Peters clarified that general conformity with the plan is one for the standards, but the document is only a guideline. Thomas Ramsdell, attorney for HOA of One Evanston building, 1571 Elmwood Ave, asked that the meeting be continued to December 17, 2014 in order to allow for proper time to submit materials. Doreen Haggerty, 1020 Grove, expressed her concerns over the failure to provide parking spaces especially with existing traffic in the area. She feels that this proposal is not senior-citizen friendly and recommends against approval. She provided the Chairman with a petition signed by most residents of her building all opposing the proposal. Discussion followed on when the next meeting should be held and where. Following the discussion, the Chairman announced the case is being continued to Wednesday December 17, 2014 at 7 pm. The special Plan Commission meeting will be held at the Civic Center. The room is yet to be determined. He suggested anyone interested can check with staff prior to the meeting regarding the exact location. Mr. Ramsdell and Mr. Citron confirmed the meeting date and time is acceptable to them. There being no further discussion, Commissioner Ford made a motion to continue the hearing for Special Use approval for Planned Development at 1571 Maple Avenue to December 17, 2014 at 7 pm at the Civic Center. Commissioner Lewis seconded the motion. A voice vote was taken and the minutes were approved by voice call 6-0. B. 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 9:34 pm. Respectfully Submitted, Damir Latinovic Neighborhood and Land Use Planner Community Development Department 480 of 521 Approved 11/05/2014 Page 1 of 2 Plan Commission Minutes 10/08/2014 MEETING MINUTES PLAN COMMISSION Wednesday, October 8, 2014 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Scott Peters (Chair), Jim Ford, Terri Dubin, Carol Goddard, Richard Shure, Colby Lewis, Members Absent: Kwesi Steele, Lenny Asaro, Andrew Pigozzi Associate Members Present: None Associate Members Absent: David Galloway, Seth Freeman, Stuart Opdycke, Staff Present: Damir Latinovic, Neighborhood and Land Use Planner Lorrie Pearson, Planning and Zoning Administrator Mario Treto, Assistant City Attorney Presiding Member: Scott Peters, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM Chairman Peters called the meeting to order at 7:00 P.M and explained the general meeting procedure, schedule, agenda items, time limits on public testimony and opportunities for cross examination of witnesses. Chairman Peters concluded the opening statement 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. 2. APPROVAL OF MEETING MINUTES: September 10, 2014 Commissioner Ford made a motion to approve the minutes as prepared. Commissioner Shure seconded the motion. A voice vote was taken and the minutes were approved by voice call 6-0. 3. NEW BUSINESS A. Planned Development 14PLND-0118 1571 Maple Avenue Michael McLean of 1571 Maple Avenue, LLC. developer of the proposed project, has applied for a Special Use for a Planned Development in the D3-Downtown Core Development District (Title 6-Zoning of the Municipal Code, Section 6-11) to construct a 12-story (133.3-foot high) multiple-family building with 101 residential units, 3,696- square feet of commercial space and 13 open parking spaces. The applicant seeks 481 of 521 Approved 11/05/2014 Page 2 of 2 Plan Commission Minutes 10/08/2014 site development allowances for the number of dwelling units, building height, floor area ratio (FAR), number of on-site parking spaces provided, and building setbacks from the east, north and northwest property lines. In addition, the applicant may seek and the Plan Commission may consider additional Site Development Allowances as may be necessary or desirable for the proposed development. The Plan Commission makes a recommendation to the City Council, the final determining body for this proposal. Mr. Latinovic stated staff initially recommended in its memo to the Board that the case be continued to November 12, 2014. However, upon further review of potential number of cases for the November 12 meeting, staff has determined a special Plan Commission meeting is necessary. As such, staff is recommending the petition for Planned Development approval at 1571 Maple Avenue be continued to a special Plan Commission meeting on November 5, 2014 at 7 pm in Council Chambers. Chairman Peters invited the applicant to make a statement. Michael, McLean of 1571 Maple Avenue LLC., the applicant, confirmed they are requesting continuance of the case. The November 5, 2014 meeting date is acceptable to his team. Chairman Peters stated if the case is continued, additional notice will not be required and invited a motion. Commissioner Goddard made a motion to continue the case to November 5, 2014. Commissioner Dubin seconded the motion. The motion was approved by voice call 6-0. Mr. Latinovic reminded everyone there will be a Zoning Committee meeting next week on October 15, 2014. 4. ADJOURNMENT There being no further discussion, Commissioner Goddard made a motion to adjourn the meeting. Commissioner Lewis seconded the motion. A voice vote was taken and the motion was approved by voice call 6-0. The meeting was adjourned at 7:10 pm. Respectfully Submitted, Damir Latinovic Neighborhood and Land Use Planner Community Development Department 482 of 521 For City Council meeting of March 23, 2015 Item O1 Business of the City by Motion: 2014 Consolidated Annual Performance and Evaluation Report For Action To: Honorable Mayor and Members of the City Council From: Mark Muenzer, Community Development Director Sarah Flax, Housing & Grants Administrator Mary Ellen Poole, Housing Planner April Jacobs, Grants and Compliance Specialist Subject: 2014 Consolidated Annual Performance and Evaluation Report for the City’s Community Development Block Grant, HOME Investment Partnerships, and Emergency Solutions Grant Programs Date: March 11, 2015 Recommended Action: The Housing and Community Development Act Committee and staff recommend approval of the 2014 Consolidated Annual Performance and Evaluation Report (CAPER). The CAPER is posted on the City website at: http://www.cityofevanston.org/caper. The CAPER must be submitted to the Chicago Field Office of the U.S. Department of Housing and Urban Development by March 31, 2015. Summary: The Consolidated Annual Performance and Evaluation Report (CAPER) reviews how the City of Evanston used federal entitlement funds provided by the U.S. Department of Housing and Urban Development (HUD) to implement programs and projects that addressed community needs successfully during the 2014 program year (January 1 to December 31, 2014). Evanston received $2,030,447 in HUD entitlement funds in FY2014: • $1,624,680 in Community Development Block Grant (CDBG) • $270,217 in HOME Investment Partnerships (HOME) • $135,550 in Emergency Solutions Grant (ESG) funds. Memorandum 483 of 521 Together with unexpended CDBG and HOME funds from prior years, plus program income, the City spent a total of $2,751,674 in the 2014 program year. All programs and projects funded in 2014 addressed strategic priorities identified in the City’s 2010-2014 Consolidated Plan and in the 2014 One Year Action Plan. The City met HUD requirements for both commitment and expenditure of CDBG, HOME and ESG funds in 2014. Background: 2014 is the fifth and final year in the 2010-2014 Consolidated Plan and Evanston met or exceeded most of the goals for housing, infrastructure and public improvement, and social services in that plan. The greatest impediments to meeting goals and objectives in the 2014 Action Plan was the late release of funding paired with new low- and moderate- income data becoming effective mid-year. The timing of both delayed the start of some projects, while disqualifying others. The City of Evanston obligated its 2014 CDBG entitlement, program income and reallocated dollars from projects completed in prior years to fund to fund 36 programs and projects in the categories of Housing, Public Services, Public Infrastructure and Facilities and Economic Development. Three agencies received ESG funding to provide shelter, essential services and rental assistance to homeless individuals and families. The City committed HOME funds and program income to two activities in 2014. The public comment period on the CAPER opened on March 2 and closed on March 17, 2015 at 4PM. The Housing and Community Development Act Committee invited public input at its meeting on March 10, 2015. No one attended that meeting to provide input or comments on the CAPER and no input or comments have been received in writing. Legislative History: The Housing and Community Development Act Committee conducted a public hearing on the draft 2014 CAPER on March 10, 2014. The Committee voted unanimously to recommend approval of the CAPER by City Council. Attachments: City of Evanston Draft 2014 Consolidated Annual Performance and Evaluation Report may be found at: http://www.cityofevanston.org/caper 484 of 521 For City Council meeting of March 23, 2015 Item: O2 Business by the City by Motion: Economic Development Work Plan For Action To: Honorable Mayor and Members of the City Council From: Wally Bobkiewicz, City Manager Johanna Nyden, Economic Development Division Manager Paul Zalmezak, Senior Economic Development Coordinator Meagan Jones, Economic Development Coordinator Cindy Plante, Economic Development Specialist Subject: Economic Development Work Plan Update Date: March 9, 2015 Recommended Action: The Economic Development Committee and staff recommend approval of the Economic Development Work Plan Update. This work plan serves as a guide for economic development activities for the years to come. Discussion Staff has updated the City’s Economic Development Work Plan to provide a summary of economic development work completed to date since 2010 and provide work plan objectives and action steps for the coming years to guide future economic development activities. The update provides particular emphasis around three areas: • Continued work to promote aspects of quality of place – the characteristics that make Evanston the most livable city and give it a competitive advantage for attracting businesses to remain and locate in Evanston, as well as draw shoppers, visitors, and residents to the community to live, work, and enjoy our business districts; • Promote business district vitality, which will work with individual business districts to identify ways to invest Economic Development Fund money on the physical environment of business districts, but also on efforts to build the capacity of individual districts to improve communications among members and ability to organize for events and district activities; and • Support to businesses on retention and expansion efforts to ensure that Evanston businesses can remain and expand in Evanston. Information on past reports and work plans can be found here. Staff seeks feedback from the Economic Development Committee on additions or revisions of the attached draft Economic Development Work Plan Update. Memorandum 485 of 521 Attachments: -Draft of Economic Development Work Plan Update Page 2 of 2 486 of 521 1CITY OF EVANSTON Economic Development Plan Update City of Evanston Economic Development Work Plan Update Since 2010, Economic Development has been a City Council Goal. The Vision Statement adopted in 2010 has served as a guide for economic development activities for the past five years. Work Plans adopted in subsequent years have provided additional guidance for everyday work of the City on economic development matters. This document serves as an update to the economic development work plan. It is divided into two parts: • Part I will review and summarize economic development activities completed to date; and • Part II will review economic development plan work activities that will guide the City’s economic development efforts. 487 of 521 2CITY OF EVANSTON Economic Development Plan Update PART I: REVIEW OF ACTIVITIES TO DATE In 2010, the City Council identified Economic Development as one of its top priorities for the City. This coincided with recovery from an economic downturn known as the Great Recession. The desire to focus on economic development was driven by a necessity to diversify Evanston’s tax base, support small businesses that make up Evanston’s day-time population and provide goods and services to the community and region, connect better with Northwestern University on entrepreneurship opportunities, and create jobs for individuals at all skill and ability levels. In January 2010, the City Council adopted a two-page Economic Development Vision statement that identified areas of focus. These have included: • Retain and support expansion of existing businesses through improved communication, development of finance programs, with a focus on small business; • Attract new businesses that are not currently present in Evanston; utilize key partnerships with major institutions to bring new businesses to Evanston; • Support commercial revitalization and redevelopment in corridors with identified plans and work with neighborhood business associations to achieve economic development priorities; and • Develop a new Economic Development website that becomes a functional component of the City’s marketing strategy and a major interactive portal for engagement. In 2011 and 2012 staff provided updates to the Vision that included a work plan that added additional focus to the aforementioned areas that included: 1. focus on quality of place initiatives as they related to economic development that continue to further the City of Evanston’s goal to be the most livable city; 2. support of entrepreneurship and growth-oriented start-ups; 3. support of arts and entertainment-related businesses; 4. retention and expansion of existing and attraction of retail businesses to Evanston’s commercial districts; and 5) support of efforts to employ individuals in Evanston’s workforce. The summary of City-led efforts is presented in the following pages. 488 of 521 3CITY OF EVANSTON Economic Development Plan Update RETENTION AND SUPPORT OF EXISTING BUSINESSES The City’s business retention and expansion efforts seek to better understand the needs of local businesses and respond accordingly to promote a healthy local business climate. It is Evanston’s individual businesses that offer unique character and charm to business districts across the City. Since 2010, the City has adopted a more robust façade improvement program that has assisted in the rehabilitation or introduction of new signage at over 25 storefronts throughout Evanston’s business districts. Additionally, the City has supported the retention of key manufacturing businesses such as IRMCO, Ward Manufacturing, and FEW Spirits through direct financial assistance for rehabilitation of existing facilities or funding to support equipment purchases. In 2014, through the City’s continued extension of a sales tax sharing agreement and a TIF funding agreement for rehabilitation of a vacant property made it possible for Evanston’s only car dealership, Autobarn, to expand. This expansion effort will result in more than 30 new jobs, of which Autobarn is committed to working with Evanston Township High School to fill these jobs with local employees. Entrepreneurship is a significant element of Evanston’s business community as a result of not only Northwestern University startups, but because of the infrastructure Evanston affords entrepreneurs in the form of a lively downtown retail and restaurant district, train station business districts, a variety of office spaces, quality housing, and excellent schools. Evanston’s entrepreneurship and high growth company network spans the entire growth spectrum including: 1. the independent professional (i.e. freelancers) based in coffee shops and home based offices; 2. the more established independent professional or “solopreneur” paying for space in one of Evanston’s two co-working spaces; 3. early stage startups based in the Technology Innovation Center or Northwestern University’s incubator; 4. the high growth “gazelle” companies in 3,000 to 5,000 square foot offices in downtown Evanston; and 5. supportive professional services and institutions including banks, accountants, legal services, etc. With Evanston’s private sector partners, staff has coordinated two Evanston Edge Startup Showcase events featuring five Evanston based entrepreneurs given the opportunity to pitch their business for five minutes before crowds of 150 fellow entrepreneurs, mentors, northwestern faculty, elected officials, and the general public. City and library staff have coordinated over 30 entrepreneurship seminars serving approximately 250 people through the NextChapter Evanston entrepreneurship support program taught by local business owners. Unique in the Chicagoland area, NextChapter provides a platform for career changers, individuals with an idea but lacking startup know how, and home based businesses to learn from private sector success stories. The seminars are free due to the generosity of Evanston’s business community. Staff has also remained engaged in the local entrepreneurship ecosystem through periodic meetings with Northwestern University faculty and staff; coordination of high growth company peer to peer networking sessions (e.g. RISE!, Evanston Entrepreneurs League); and individual one on one meetings. 489 of 521 4CITY OF EVANSTON Economic Development Plan Update ATTRACTION OF NEW BUSINESSES While retention has remained a key focus of Economic Development efforts, bringing new businesses that can complement the existing Evanston businesses has been a key activity for Economic Development staff. Since 2010, Evanston has significantly expanded its dining options with the addition of nearly 20 new eateries across Evanston. The new eateries have helped promote evening activity in business districts. A variety of options for lunchtime dining have also created unique and dynamic options for people living and working in Evanston. Key new businesses that have been attracted to Evanston through City efforts and support have included: Trader Joe’s, brew-pubs Smylie Brothers Brewing Company and Peckish Pig as well as production and nano-breweries, Sketchbook and Temperance. GFS Marketplace, Little Beans, small retailers like Oliver’s Trains & Toys, Brew Camp, Corrado Cutlery, Homestead Meats, and Stumble & Relish. The closure of two Dominick’s grocery stores in late 2013 resulted in work to attract new large grocers to the area. Fortunately, coordination with City elected officials, staff, and property owners resulted in the attraction of two new stores—a Whole Foods Market and Valli Produce, both slated to open in mid-2015. COMMERCIAL REVITALIZATION AND REDEVELOPMENT Commercial revitalization and redevelopment in several Evanston business districts has been made possible by the efforts to build capacity among existing businesses throughout Evanston. Since 2010, the City has worked to build capacity across all of Evanston’s business districts. This work has included the creation of several new business groups including Howard Street Business Association, West Main Street Merchants Association, West End, West Village Business Association, Central Evanston Business Association, and the Noyes Street Merchants Association. The work to organize these businesses and coordinate communication has improved the City’s ability to disseminate information to businesses as well as identify areas that could be improved or support business attraction efforts to reduce vacancies. Additionally staff has worked to implement plans identified within Tax Increment Financing (TIF) Plans as well as neighborhood plans that were established. Commercial revitalization work along the Howard Street corridor as well as west side neighborhood business districts continues to be ongoing as the City works to enhance and stabilize these key business districts through new businesses, job opportunities for residents, and business district beautification. Additionally, staff has worked to create two new TIF districts, one around commercial property at Chicago Avenue and Main Street and then other to support redevelopment efforts at the Evanston Plaza shopping center. 490 of 521 5CITY OF EVANSTON Economic Development Plan Update DEVELOPMENT OF NEW ECONOMIC DEVELOPMENT WEBSITE The City created www.EvanstonEdge.com in 2012 to provide pertinent information on Evanston for existing and potential businesses. The information contained on the pages includes information on various City processes and available commercial properties for lease or purchase as well as feature stories on unique and interesting aspects of Evanston’s business community. In addition to a dynamic website that changes on a weekly, if not daily basis with new information, the City’s Economic Development Division also increased its presence on social media. Social media has given the City the ability to promote events in Evanston’s business community in real-time and capture the unique and interesting stories for people to learn more about through social media. To date, the followers on Facebook have grown to nearly 700 and Twitter to nearly 600. A bi-weekly newsletter has also been in distribution since www.EvanstonEdge.com’s debut. The newsletter highlights noteworthy events in the business community, upcoming events and other pertinent information for the business community. To date, the distribution list is comprised of slightly more than 2,300 subscribers. On average each newsletter is opened by between 30% and 40% of the subscribers. Based on benchmark industry data on open rates for email newsletters, open rates for subscriber based emails are between 15% and 20%. 491 of 521 6CITY OF EVANSTON Economic Development Plan Update PART II: ECONOMIC DEVELOPMENT PLAN UPDATE Moving forward, the City’s economic development efforts will be guided by a desire to promote triple bottom line sustainability and enhancing Evanston as the most livable community. The plan outlined below provides an update to previous work plan’s and promotes aspects of quality of place, augmenting business district vitality efforts, and continuing to build on business retention and attraction efforts. QUALITY OF PLACE Quality of place is defined as a composition of characteristics that can be found throughout Evanston that define its attractiveness to new and existing businesses, customers, residents, and visitors. Richard Florida defines “quality of place” as; 1 “The combination of the built environment and the natural environment; 2 a stimulating, appealing setting for the pursuit of creative lives; 3 Diverse people of all ethnicities, nationalities, religions, and sexual orientations, interacting and providing clear cues that this is a community where anyone can fit in and make a life; 4 T he vibrancy of the street life, café culture, arts, and music; 5 the visible presence of people engaging in outdoor activities—altogether a lot of active, exciting, creative goings-ons”. 492 of 521 7CITY OF EVANSTON Economic Development Plan Update As Evanston strives to be the most livable community, the continued inclusion of this area within the Economic Development plan recognizes that there are a number of qualities within Evanston that make it a distinctive, attractive and compelling place to live, to visit and to start a business. The ability to offer high quality of place amenities and attributes gives Evanston a competitive advantage over other communities and neighborhoods in Chicago. Businesses make decisions whether to locate or remain in a community often based on the ability to access amenities that are often found to promote high quality of place. Locating a business in a place that is exciting, easily reached by public transportation, and offers unique mix of dining and entertainment opportunities is an important aspect of employee retention for companies, especially startups, seeking to attract creatively driven employees who desire a healthy “live/work” balance. In order to maintain this advantage, these qualities need to be protected, promoted, and preserved. KEY ACTIVITIES ASSOCIATED WITH QUALITY OF PLACE WILL INCLUDE: • Support business districts with variety of planned events and activities to promote visitors and shoppers; • Continue to support efforts to create health and wellness business “chamber of commerce”; • Continue outreach to Evanston’s existing entrepreneur network to encourage and support businesses coming to Evanston that reflect technology/growth-oriented start-up culture; • Continue to promote innovate food concepts such as shared kitchen, incubators, small markets, and small craft food production; • Participate in B Impact Assessment efforts to assist businesses in determining how their business practices impact employees, community, and the environment; • Support efforts to make Evanston a model community for being “age-friendly” and to prepare Evanston businesses to serve the aging baby boom population; • Coordinate and promote unique and creative art projects throughout all of Evanston’s business districts; • Promote new open streets programs that offer innovative and exciting ways to experience business districts; • Expand the Parklet pilot program to include other business districts to offer “people places” in places where it is determined on-street parking spaces can safely accommodate structures; and • Create historic walking tours phone app for areas around business districts to encourage visitors to explore business districts. 493 of 521 8CITY OF EVANSTON Economic Development Plan Update BUSINESS DISTRICT VITALITY Increasing Business District Vitality efforts will be a two-fold approach. The first will include improvement of physical infrastructure throughout districts. This is comprised of sidewalk repair and replacement, implementation of wayfinding signage in each business district, and replacement or installation of new street furniture (benches, garbage cans, newspaper stands). The second will continue to build on the work currently underway to enhance the capacity of business districts through communications, events, and other functions. Key activities associated with business district vitality will include: • Enhance attractiveness of existing business districts through the investment of improved streetscapes; inclusive of planting of new trees/plantings, repair/replacement of broken sidewalks, removal of street furniture that is broken or addition of new street furniture; • Installation of wayfinding signage in business districts to assist visitors to the area to find and better explore districts and locate businesses of interest; • Coordination with property owners of long vacant commercial properties to create visually attractive vacant storefronts and continue to work with property owners to identify businesses to locate in spaces; • Support coordinated events and activities throughout business districts year round that bring new visitors to business districts that engage existing “bricks & mortar” businesses; • Update of EvanstonEdge.com to promote Evanston’s business districts through high quality and professional images of businesses and districts; increase in total feature stories about businesses in Evanston; • Continue support of creation of special service area in the Main/Chicago/Dempster corridor to provide additional resources and support to these merchant districts; and • Work with existing businesses districts to continue to improve capacity and function of individual business districts. BUSINESS RETENTION AND ATTRACTION As major projects are completed, business retention will be a cornerstone of economic development efforts. Retention efforts will include working with existing businesses to identify areas of potential technical assistance or opportunities for expansion. Additionally, efforts will include the attraction of complementary businesses to support our existing businesses. As highlighted in previous plans, nearby shopping centers reportedly restrict their tenants from expanding within a specific radius. As a result, Evanston’s ability to attract a broad range of national retailers is limited. Therefore Evanston economic development staff will continue to proactively pursue a multifaceted effort to expand the retail sales tax base by balancing unique local retail with desired national retailers. Support of Evanston businesses also includes assessing opportunities for new job growth and employment of Evanston residents where possible. Businesses applying for business licenses and city financial assistance are encouraged to work with Evanston’s extensive network of workforce development partners including National Able, Oakton Community College, and the Youth Job Center. 494 of 521 9CITY OF EVANSTON Economic Development Plan Update Support of Evanston’s entrepreneurial spirit will continue to be an intentional and coordinated effort. Brad Feld, author of Startup Communities: Building an Entrepreneurial Ecosystem in Your City argues that the role of government is to support entrepreneurs, not create them. He suggests government should “use the bully pulpit to stimulate the agenda versus investing directly in entrepreneurs.” He also recommends government emphatically “ask the entrepreneurs what they need!” Staff proposes to continue to support this range of business activity with a primary focus on intentional - peer to peer networking, professional development, and early stage business development support. Key activities associated with business retention and attraction will include: • Repurpose and rebrand Façade Program as Storefront Improvement Fund to include interior build out in addition to façade; • Coordinate with ownership of Evanston Plaza to identify tenants for shopping center; • Support opening of Little Beans Café at 430 Asbury Avenue and identify additional indoor family- oriented activities including children’s museum, bowling, inflatable play/bounce house; creative studios; • Design and implement a retail incubation program supporting the creation of storefront spaces for home-based businesses or individuals with ideas but limited capital; • Identify and pursue retailers from Chicago neighborhood businesses seeking to expand or relocate; • Work with Evanston Chamber of Commerce, Now We’re Cookin’, Evanston Inventure, and other partners to create a Women’s Entrepreneurship Group; • Host regular series of Evanston company founders (CEO’s) events with topical focus such as staff recruiting needs, infrastructure needs, case studies, or other areas of desired interest; • Refine Next Chapter to determine effectiveness and opportunity to provide additional resources to support entrepreneurs/increase frequency of programming and options; • Support/“embed in” entrepreneurship-oriented activities such as RISE!, Inventure, Now We’re Cookin’, and Startup Evanston; and • Continue outreach to NU faculty, faculty startups, and student-led startups (Kellogg, McCormick, INVO, etc.). 495 of 521 10CITY OF EVANSTON Economic Development Plan Update BUSINESS DISTRICT PLANS Economic Development staff will continue to work to implement and execute on the business district plans identified in 2013 for the various business districts throughout Evanston. Work is organized geographically on the following pages. Central Street is the longest east-west arterial within Evanston, anchored to the east by North Shore University Health System and stretching west to Gross Pointe Road. Central Street has its own “village” feel and is host to a multitude of small locally-based shops and boutiques specializing in everything from antiques and spices to kids clothing and couture wedding gowns. The walkable stretches of shops make this a destination for residents and visitors. Northwestern University Athletics is also located on Central Street with Ryan Field prominently positioned to Big Ten sports enthusiasts. Both the CTA Purple Line and the Metra Union Pacific Line have stops on Central Street, making it a convenient place for shoppers, foodies and residents alike. Central Street Objectives and Projects Include: • Streetscape improvements on Central Street sidewalks. Central Street has a strong local retail corridor. A good pedestrian environment is essential to supporting a healthy retail environment. In order to retain and continue to attract these retailers, this infrastructure is essential. • Support leasing of new retail and restaurant space east of Metra tracks at Central Station Apartment development. The large tract of land previously occupied by Evanston Theatres created a void that will now be filled by the construction of the new Central Station Apartments. The property will feature ground floor commercial space that can be filled by retail, services, or food services. • Support capacity-building efforts. Identify opportunities to build capacity among merchant districts either through additional support at the business district level or through other placemaking resources such as the National Main Streets Center, Inc. Chicago Avenue/Dempster/Main Streets district represent two business districts located within steps of the CTA Purple Line Dempster Street Station and south of downtown Evanston. Each offers a range of retail and culinary destinations as well as a number of neighborhood-serving retail and services. Three major grocery stores and Evanston’s only car dealership anchor the districts. Chicago Avenue/Dempster/Main Streets Objectives and Projects Include: • Coordination of consideration of Special Service Area (SSA) designation. The introduction of new businesses as well as a desire to support the environment that the existing businesses have had for a long time is driving the desire to create an SSA. Work will be done in 2014 and 2015 to identify opportunities for the creation of an SSA. • Development & Support of food-related/culinary businesses in the area. This area currently has three major grocery stores. Adding destination food businesses will further support the businesses in this area. • Support Leasing of vacant retail spaces west of the CTA and Metra Tracks. The deteriorating viaducts that bisect Dempster and Dempster Streets have long created a division between the west and east portions of this business district. As a result there are several key vacancies in the western corridor. With the new CTA bridges completed, the “barrier” between the two districts is less severe and with targeted marketing, that area will likely see new tenants. 496 of 521 11CITY OF EVANSTON Economic Development Plan Update • Implementation of Infrastructure Projects in the Main/Chicago TIF District. If adopted, the Main/ Chicago Implementation Plan identifies several major district improvements that will enhance the attractiveness of the district. Included, but not limited to these improvements are: streetscape improvements, street repaving, alley paving, and new lighting. These improvements will support a more vibrant and attractive business district. • Development of an energy-efficient/green building plan for older buildings. Many of the commercial buildings in these districts are Evanston’s oldest and also offer some of the least energy efficient measures (older windows and doors, inefficient heating and cooling systems). Working with local utility providers and other green stakeholders, the City will develop a financial incentive program for properties in and outside the Chicago/Main TIF district. Downtown Evanston is a dynamic city center that offers a dynamic day-time population of over 20,000 employees that works in approximately 2 million square feet of offices throughout the district. This is in addition to approximately 14,000 residents within a half mile of Sherman and Church. . Combined together, post-modern inspired office towers and contemporary condo buildings dominate the skyline of Downtown Evanston. Within the downtown there are over 100 dining options for every taste. Downtown Evanston Objectives and Projects Include: • Coordinate with Downtown Evanston on retention efforts, recruitment of new businesses and marketing initiatives. Downtown Evanston plays a key role in supporting recruitment of new businesses to Evanston and marketing events that draw thousands of visitors to Evanston. • Leasing of major vacancies 1,500 square feet or greater. The real estate downturn and the contraction of many national and local retailers have resulted in a number of sizeable ground floor vacancies. Over the course of the year the City will work with brokers, property owners, building managers, and prospective retail tenants to reoccupy these spaces with uses that are complementary to Downtown Evanston • Redevelopment of major land vacancies to highest and best use to support day-time population. The downtown has several large vacancies that either have plans in process of formation or development. The redevelopment of these properties to support a vibrant day-time population is critical to the ongoing success of Downtown Evanston. • Implementation of NEA Grant and EvanstArts Report. Continue to support the implementation of the EvanstonArts Report through work with the City’s Cultural Arts Coordinator. Finalize work on the Downtown Performing Arts Task Force. • Attraction and retention of growth oriented companies for existing and new office space. Evanston is headquarters to a number of small and medium sized companies who benefit from a vibrant downtown and transit access. The city will continue to identify growth oriented companies for retention, expansion and attraction into office space and work with entrepreneurs to develop support programming and networking opportunities. • Coordinate workforce development opportunities to benefit targeted population. Businesses are regularly seeking employees to fill vacant positions but some are having difficulties matching the skills of applicants to available positions. Workforce Development in the area will help fill these voids and decrease the unemployment rate in the City. Pursue Washington National TIF funding as potential source of funding. 497 of 521 12CITY OF EVANSTON Economic Development Plan Update Howard Street is a revitalizing mixed-use corridor sharing a municipal boundary with the City of Chicago. Along Howard Street you will find a mix of unique specialty stores, a variety of housing choices, and destination eateries. The district is anchored on the east by the Howard Street CTA station that offers Red, Purple, and Yellow Line service. The district spans west to Ridge Avenue. The corridor is comprised of mixed-use buildings that range from vintage 1920s commercial buildings to a modern high-rise apartment building. Evanston’s Howard Street Business Association is the driving force behind the revitalization of this district and meets monthly to discuss projects, new business activities, and other critical items. Howard Street Objectives and Projects Include: • Redevelopment of City-Owned Properties on Howard Street. The City currently owns six properties in this corridor: 623-627 ½ Howard Street (home of Peckish Pig brew-pub); 633 Howard Street (Police Outpost); 629-631 Howard Street (multi-story mixed use building housing Ward Eight and two occupied residential units); 727-729 Howard Street (vacant one-story building); 721-723 Howard Street (vacant one-story building); and 717 Howard Street (one-story building slated for demolition). • Support for the Howard Street Business Association. Since the summer of 2010, the City has provided support and management for the business association along Howard Street. Prior to the summer of 2010, the businesses had never convened a meeting nor had coordinated activities. As new businesses have arrived on Howard Street and more individual businesses have convened to work together to improve the area, the City’s involvement in the management and organization of this group can be reduced. The City will remain involved in the association, since it owns several properties on the corridor. • Continue work to convene Food Truck Festivals. Since 2011, the City has coordinated a “food truck festival” at the annual Starlight Concert at Brummel Park. The City will again coordinate this festival that brings hundreds of visitors to the park. Noyes/Foster Street business district represents two concentrations of Evanston businesses that sprouted near the CTA Purple Line stations for which the districts are named. The businesses located here offer an eclectic mix of shops and restaurants that serve the residents of both the single-family homes and the Northwestern student body. The City of Evanston’s Noyes Cultural Arts Center anchors Noyes Street and offers a wide range of arts and theatre programs. The businesses surrounding the Noyes Cultural Arts Center reflect the eclectic and unique character of this district. Noyes/Foster Street Objectives and Projects Include: • Development and support of business district organization. The businesses currently located in this district have started the process to create a formal association. Several have indicated an interest in stronger organizational coordination to promote the performing arts offerings and connect these groups to the food, retail, and service offerings in the immediately surrounding neighborhood. • Capital investment in Noyes Cultural Arts Center. The City’s adopted Capital Improvement Plan identifies a number of improvements necessary to complete at the Noyes Cultural Arts Center to continue to make it a viable space for Arts groups. • Support special events coordinated by the emerging merchant district. As the merchant district continues to build its capacity, special events coordinated around the Noyes Cultural Arts Center and surrounding merchant district will be an important component of defining the business district. 498 of 521 13CITY OF EVANSTON Economic Development Plan Update Southwest area of Evanston encompasses several shopping centers that are home to large format national retailers. Main Street Commons, located south of Main Street includes a Marshalls, Starbucks, Food 4 Less, and Sam’s Club. West on Oakton Street, includes a Home Depot, PetSmart, grocery stores ALDI and GFS Marketplace, as well as Steak n’ Shake. Finally along Howard Street in the Evanston Center shopping district, includes an Office Max, Jewel/Osco, Best Buy and Target. Southwest Objectives and Projects Include: • Attract complementary tenants to develop on large tracts of undeveloped land in these districts. At the Evanston Center, there are currently four outlots that were never developed. The properties were recently listed for sale and several fast casual restaurants have indicated interest in locating at these parcels. On West Oakton, the property behind the new GFS Marketplace has yet to be developed. • Develop a plan for utilization of the former Evanston Recycling Center. In 2011 and 2012 there were extensive discussions regarding the future of this property. Concepts for redevelopment ranged from an indoor recreation facility to a salt dome. • Coordinate workforce development opportunities to benefit targeted population. Businesses are regularly seeking employees to fill vacant positions but some are having difficulties matching the skills of applicants to available positions. Workforce Development in the area will help fill these voids and decrease the unemployment rate in the City. Pursue Howard/Hartrey TIF funding as potential source of funding. • Support development and support of business district organization. The businesses located the West Main Street/Dodge Avenue areas have started to organize to establish a merchant association. Staff will continue to assist in these efforts of self-organization. The West Side is comprised of several commercial areas. Located adjacent to Evanston Township High School is the area of Church Street and Dodge Avenue. This area features several neighborhood businesses and services. The Evanston North Shore Contractor’s Cooperative is under construction at 1817 Church Street. Fatty’s Burgers & More and C&W Market add retail and restaurant options to the intersection of Church Street and Dodge Avenue. The Dr. Hill neighborhood at Simpson Street and Green Bay Road features former ice cream factories and other industrial spaces converted to live work offices which now house Brella Productions, a fast growing multimedia production company, Mighty Nest, a web based natural, organic, and non-toxic product retailer, smaller independent startups, as well as the Now We’re Cookin’ culinary incubator which is a state-of-the-art facility that offers shared kitchen space, cooking classes, and a packaged food business incubator. On the western edge of downtown Evanston is the Emerson Street corridor. Located at the corner of Green Bay Road and Emerson is Hecky’s Barbeque which attracts fans from throughout Chicagoland to the experience their famous barbeque sauce. West Side Objectives and Projects Include: • Continued support and facilitation of merchant groups. Assist in the work of Central Evanston Business Association incorporating businesses based at Church & Dodge, Dr. Hill, Green Bay & Emerson, and Emerson/Dodge/Dewey. These commercial areas operate largely independent of each other with fairly limited cohesive activity. • Pursue redevelopment of key properties along Church Street between Dewey and Brown. This corridor is key to West Side development. There are opportunities to create partnerships and make a commercial intersection that draws in residents and visitors from Evanston and surrounding areas. 499 of 521 14CITY OF EVANSTON Economic Development Plan Update • Initiate planning process for cultural / heritage trail. This effort could spur on tourism in the area, lead to more commercial activity as visitors follow the trail and bolster community pride. Coordinate workforce development opportunities to benefit targeted population. Pursue West Evanston TIF as potential source of funding. • Support expansion of growth businesses in Dr. Hill district The Dr. Hill district has a number of small successful start-up businesses that are growing and in need of larger space and more employees. • Proactively seek out storefront improvement opportunities. There are a number of existing empty storefronts which could be physically improved and filled with growing start-up businesses looking for space. The West End is conveniently located one mile west of Downtown Evanston and three miles east of the Edens Expressway (Interstate 94) is Evanston’s West End. Once home to Evanston’s largest employer, the Clayton Mark steel forging company (now site of Evanston Plaza shopping center), the area is now home to the West End Business Association - a tight network of small to mid-size commercial enterprises, modern manufacturing and technology companies. West End Objectives and Projects Include: • Support innovation and modernization of industrial uses within district. • Directional Signage for West End District- Use the Wayfinding Signage Program currently being designed by UrbanWorks to assist in directing people in and around the West End business district. Use current district logo to keep the cohesive look of the area. • Pursue options to leverage TIF and/or economic development fund to support workforce development opportunities in partnership with West End employers and existing workforce development non-profit organizations. The West Village, centered at Dodge and Dempster, is distinctly independent and artistic. Florence Avenue is home to a small strip of storefronts that local historians say were once owned by butchers, bakers, and other storekeepers. Also located in this area is the Heartwood Center for Body Mind and Spirit which is a unique holistic health services center (an incubator of sorts) committed to providing excellence in care. Anchored by the new Valli Produce and Dance Center Evanston, the revitalization of Evanston Plaza shopping center is underway. WEST VILLAGE OBJECTIVES AND PROJECTS INCLUDE: • Pursue retail tenants for Evanston Plaza in partnership with property owner. The 200,000 square foot shopping center is under new ownership after a recent sale and several years of receivership. A renewed focus on filling vacant retail space with desirable retailers and services to drive sales tax revenue and job growth. • Support revitalization of Florence Avenue and Greenleaf business district. • Support efforts to enhance Dodge Avenue and Dempster Street intersection. The introduction of Starbucks to the building formerly occupied by KFC and an exterior upgrade to Burger King will continue to bring new investment to this key Evanston intersection. 500 of 521 For City Council meeting of March 23, 2015 Item: O3 Business of the City by Motion: Economic Development Funding Application For Action To: Honorable Mayor and Members of the City Council From: Wally Bobkiewicz, City Manager Johanna Nyden, Economic Development Division Manager Subject: Approval for Utilization of Standardized Economic Development Funding Application Date: March 9, 2015 Recommended Action: The Economic Development Committee and staff recommend approval of the creation and utilization of a standardized application for requests by individuals and entities to the City for economic development assistance. Funding Source: Not Applicable Summary: Staff has drafted an Economic Development Funding Application (“the application”) that will provide a succinct and transparent process for seeking economic development funding (funds from tax increment financing districts, Economic Development Fund, and economic development-based CDBG funding) from the City. The application form outlines the process and expectations for individuals and entities seeking funding from the City. It also outlines all information that is and could potentially be requested from the City during the period of review for financial assistance. Most of this information requested in the draft application is collected by the City for purposes of project review and due diligence, this application memorializes this process and summarizes necessary information prior to initiating negotiations for assistance. The proposed draft application includes the following sections/documents: 1) Acknowledgement of Economic Development Funding Process & Agreements. This document ensures that basic terms and conditions of public funding are outlined at the onset of the process (e.g. information provided to the City is public, must be current on all fees and taxes owed the City, etc.). 2) General Application. This portion of the application collects all pertinent contact information from businesses in a standardized form as well as information about Memorandum 501 of 521 their proposed project (e.g. project summary, budget, why funding from City of Evanston is sought, and business plan and profile, etc.). 3) Livability Public Benefits. As Evanston strives to be the most livable city, the businesses funded by public funds should work with the City to support and attain this goal. The Livability Public Benefits section seeks to encourage businesses to accomplish and support as many of these benefits that promote a livable city as possible. 4) Supplemental Project Information. Based on the scope and scale of the project and entity requesting the funds, additional documentation may be necessary to better understand the business or the scope of the project. 5) Section 108 Portion. The City can borrow funds from the federal government against its Community Development Block Grant entitlement. In the event a project seeks such funding, this attachment provides for additional information necessary for that funding source. Additionally, the process for review and consideration is outlined in the application. An introductory meeting with staff and elected officials commences the process. If project and funding are appropriate, staff will request an execution of the “Acknowledgement of Economic Development Funding Process and Agreements” document. Following execution of this document, staff will provide a letter to the potential applicant outlining the process and timeline for seeking assistance and additional information that will be required of the application for review (i.e. information from the supplemental list of materials). Attachments: -Draft Funding Application 502 of 521 Economic Development Funding Application 1 Economic Development Funding Application City of Evanston Economic Development Division City Manager’s Office 2100 Ridge Avenue Evanston, IL 60201 847/448.8100 economicdevelopment@cityofevanston.org Last Update 2/9/2015 503 of 521 Economic Development Funding Application 2 Dear Applicant, The support and retention of existing businesses as well as the attraction of new businesses to Evanston is a critical component to ensuring the promotion and advancement of Evanston as the most livable city. The support and ongoing efforts around economic development are a City-wide goal as identified by Evanston’s City Council. Supporting economic development activities through direct financial assistance for projects seeks to:  Promote the effort to create the most livable city;  Support business retention and expansion in Evanston;  Increase City Revenues (sales tax, property tax, and other municipal revenue);  Create and retain jobs for Evanston residents;  Provide access to goods and services to Evanston residents not currently available; and  Attract new businesses to Evanston. The City of Evanston’s Economic Development Division reviews all applications for tax increment financing (TIF), Economic Development Fund assistance, and Community Development Block Grant Funds (Economic Development-based activities). The process (from beginning of proposal review to approval and funding implementation) usually takes between four to six months, with more complex projects typically requiring additional time to review and approve. The request for financial assistance is a multi- step process:  Introductory meeting with City Officials At the introductory meeting staff will review the application with the applicant, discuss the appropriateness of the financial request. Additional meetings may be necessary with staff and elected officials (if not present at introductory meeting).  Completion of Acknowledge of Economic Development Funding Process & Agreements The execution of the Acknowledgement form can be completed at the introductory meeting or immediately following. This document should be submitted within 7 business days of the introductory meeting with City Officials.  Memorandum of Understanding Summary of Required Supplemental Information Following the Introductory meeting, staff will draft a letter summarizing the understanding of the project scope and funding request, potential project milestones, and supplemental project information required for the application.  Review of Application Staff will review submitted applications and respond to applicant within 5 business days of receipt to determine additional information required or necessary clarification. 504 of 521 Economic Development Funding Application 3  Present Proposed Request to Economic Development Committee Presentation to Economic Development Committee may include two meetings, one for discussion and one for consideration. The Economic Development Committee meets the fourth Wednesday of every month at 7:30p at the Lorraine Morton Civic Center (2100 Ridge). If positive recommendation from Economic Development Committee is obtained: o Create Draft agreement for consideration at City Council In coordination with the City’s Law Department and the applicant’s legal counsel, an agreement will be drafted for consideration by City Council. City Council is only body to authorize City Manager to execute Economic Development Funding Agreements. This meeting will likely occur within one month of an Economic Development Committee meeting. o Execute Agreement between City and Approved Applicant o Implement Project/Payout funds based on terms We look forward to working with you on your application. The growth of existing and new businesses is critical to our local economy and the ongoing support of creating the most livable City. Sincerely, Economic Development Division Staff City of Evanston 505 of 521 Economic Development Funding Application 4 Economic Development Funding Application Checklist & Guidelines This checklist should be used to ensure that all materials are compiled for a complete Economic Development Funding Application. Partially submitted applications may not be reviewed until all required components are requested.  Signed Copy of Understanding of Economic Development Funding  Completed General Funding Application  Project Summary (as outlined in attached General Funding Application)  Copy of Business Plan (organized as presented in this application)  Copy of Project Budget (organized as presented in this application)  Demonstration of Need (Narrative and financial analysis provided by applicant that outlines why City funding is needed)  TIF Applicants only: Budget of TIF Eligible Expenses  Documentation outlining Ownership Structure  Principal Profile Information (include acknowledgement of any felony conviction)  Additional Supplemental Information as Identified in writing by Economic Development Staff to Applicant Application Requirements and Formatting Guidelines:  All submissions must be typed (no handwritten applications will be accepted);  All attachments should be typed in font no less than 12pt. Pages should be numbered and include headings/sections that correlate to the Economic Development Funding Application Checklist;  Applications must be submitted electronically to City staff via email or other electronic means (i.e. Google docs, DropBox, etc.)  Submissions will not be considered complete unless all elements outlined above are included;  The application for funding includes a public process; this includes two to three public meetings. All funding must be approved by the City Council;  It is advisable to work with City staff on your application prior to starting to understand availability of funds and appropriateness of your project; and  All information provided to City Staff is considered public information and is subject to the public process. 506 of 521 Economic Development Funding Application 5 Acknowledgement of Economic Development Funding Process & Agreements In order to be eligible for economic development funding from the City of Evanston, an existing business must comply with certain eligibility requirements. New businesses must agree to the following general requirements if funded by the City of Evanston. The managing partner or owner of the firm must execute the agreement prior to initiating application for assistance with the City of Evanston. Submitting this application confirms the applicant agrees to comply with the following:  Be a licensed business entity operating within the city limits of Evanston, Illinois (or in the instance of a new establishment entering Evanston, the corporate entity must be registered with the Illinois Secretary of State and in good standing at time of formal request for funds);  Be current on all fees and taxes owed to the City of Evanston;  Agree to provide all appropriate corporate documents to City of Evanston staff (as requested) to verify compliance with the funding request requirements;  Maintain a business presence in Evanston for a minimum of five years from the receipt of funding (terms beyond five years will be negotiated and applicant acknowledges that it may be appropriate depending on level of funding provided by the City of Evanston). If the business moves out of Evanston within that restriction period, the applicant acknowledges that penalties will be assessed and a pro-rated share of the funding provided will be reimbursed to the City;  If the funding is provided, in whole or in part, through tax increment financing (TIF), the City may require a condition of funding to be the inability to appeal Cook County property taxes once project is complete and funding is provided;  If CDBG funding is made available for this project in whole or in part, applicant must meet a National Objective for low- and moderate-income persons through job creation, either providing a direct benefit to or creation and/or retention or access to needed goods and services; or eliminate blighting conditions (Refer to Attachment A for more information);  Funding requirements may include, but are not limited to, ongoing proof of new jobs created, creation of a job training program, utilization of Evanston-owned, women-owned, minority-owned contractors, and other requirements established in the redevelopment agreement;  Agrees to comply with the sustainability guidelines for a period no less than five years (or other term negotiated with the City of Evanston). Compliance may be demonstrated with an existing business policy or program. If the business fails to 507 of 521 Economic Development Funding Application 6 meet the sustainability guidelines during this time period, the applicant agrees to reimburse the city for the total amount of the incentive received;  Agrees to participate in the City’s Mayor’s Summer Youth Employment Program as determined to be mutually acceptable by the City and applicant (range of participation can include marketing and promotion of the program to offering and paying for summer youth employees); and  Agree to cooperate with the City on certain completion of due diligence efforts that may include (but not limited to): background checks , credit reports relative to personal finances of all principals associated with the business; Dun & Bradstreet Comprehensive Insight Plus Reports relative to any corporate entity principals are associated with; identification of all Illinois Secretary of State Cyberdrive corporate filings for any and all LLCs and corporations principals are associated with, etc. As the authorized representative of ________________(insert name of the applicant/business entity), I certify that to the best of my knowledge and belief, data in this application is true and correct, the document has been duly authorized by the governing body of the applicant and the applicant will comply with the attached certifications and assurances, if assistance is provided. Signature Name and Title Date Signed 508 of 521 Economic Development Funding Application 7 General Economic Development Assistance Funding Application This application should be used when requesting funds from the Economic Development Fund, tax increment financing (TIF) districts, and Community Development Block Grants. Additional information may be required depending on the total amount and source of funding sought. Consult the overview document for more information. General Business Information: Company Name Address City State Zip Code Contact Person Title Phone Number Email Address Website EIN_____________________________ DUNS #_________________________ Do you already have a business in Evanston? Yes No If yes, City of Evanston Business License No (or other state ID #): Do you have locations outside of Evanston? Yes No If yes, attach additional page with other location information Parent Company Information (if different from General Business Information) Company Name 509 of 521 Economic Development Funding Application 8 Address City State Zip Code Contact Person Title Phone Number Email Address Website Company Information Business Industry: Current number of employees: Full time: Part time: Projected number of employees after funding: Full time: Part time: Average Annual Compensation (Full-Time Employees) 2014: 2015 (projected): 2016 (projected): Estimated taxes and fees paid to Evanston 2014-2016: Type of Tax or Fee: (e.g. building permit fee, construction use tax, etc.) Estimated Amount Date Paid or Expected (1) (1) (1) (2) (2) (2) (3) (3) (3) (4) (4) (4) Have you previously requested funds from the City of Evanston? Yes No If yes, how much: If yes, when: 510 of 521 Economic Development Funding Application 9 Portions below must be completed and provided as separate attachments to general application 1. Project Summary and Funding Request To the best of your ability at this time, provide in an attachment (formatting guidelines outlined in the overview document) the following information:  Project Narrative (250 words or less); Be sure to include: o Product or service offered by business; o Proposed Location; o Areas of Economic Development Plan addressed; and o The population or area to be served.  Summary of Key Project Milestones including estimated dates of project completion and occupancy/business operations commencement.  Total funding requested from the City. Statement should include: o An outline of all project funding sources (debt, equity, grants, etc.); o Describe why these funding source(s) were not appropriate or fell short of total project cost; (please include denial or loan approval letters from traditional lending sources, etc.); and o A description detailing how City funds would be used (e.g. rehab of building, purchase of property, etc.). 2. Project Budget  An initial project budget must be provided when seeking funds. Budget should be submitted in pdf or hard copy form as well as provided in excel format. Project budgets must include the following information (as applicable): o Total Uses of Funds (Total Project Costs/Total Construction) o Total Sources of Funds (debt, equity, gap, other funding sources) o Operating Pro Forma demonstrating ability to repay loan funding (if provided) o Use of volunteer and donated goods and services o Explanation of any unusual budget expenditures in the line item budget form o Explanation of why project costs are reasonable o Cost estimates from at least three different contractors Budget information should be broken out in categories as appropriate with enough detail to clearly understand how each line item would be spent. Budgets should represent the full project costs, not only the portion requested from the City. 3. Livability Public Benefits In efforts to promote Evanston as the most livable City, applicants must achieve at least 5 of the total 12 possible points from this section. The City’s Office of Sustainability is available for consultation on meeting livability compliance. Satisfaction of these benefits 511 of 521 Economic Development Funding Application 10 does not guarantee funding; applicants are also subject to all additional underwriting standards adopted by the City of Evanston. 1. Average Wage Requirement (1 point): The company will pay an average annual wage that is equal to or exceeds the Cook County per capita income. The most recent per capita income reported by the Cook County is $30,048. {INSERT REQUIREMENT OF LOW-MOD for CDBG] 2. Health Insurance (1 point): The company will offer and pay for at least 50 percent of the cost of health insurance premiums for all full-time employees. This coverage must, at a minimum, include major medical coverage for full-time employees and their dependents. 3. Diversity Support (1 point): The company will encourage diversity in the workforce through proactive hiring practices or through diversity training programs. These programs can include certified diversity programs, English as a Second Language (ESL) classes, and Spanish classes. (Note: Being an equal opportunity employer alone does not qualify a company for this guideline.) 4. Non-profit Support (1 point): The company will actively support the arts, cultural, or service non-profit sector in Evanston by: a. A commitment to donating $25 or more per year on average for each full- time employee. For example, a firm with 100 employees can document at least $2,500 donated (or to be donated) to an Evanston-based arts, cultural, or service non-profit entities over a 12-month period; and/or b. Encouraging volunteerism by granting the equivalent of at least one paid day off per year to each employee who utilizes the time to provide support to an Evanston based non-profit entity. 5. Dependent Care (1 point): The company will offer at least $50 per month in dependent care assistance to employees who utilize daycare or eldercare for a dependent child or other immediate family member. This may be offered as an option in a flexible benefit cafeteria plan. (Note: a pre-tax dependent care flexible spending program does not qualify.) 6. Housing Assistance (3 points): The company will offer assistance to employees on the purchase or rental of housing located within the City of Evanston. This assistance must have a minimum value of $1,000, per employee assisted. It may be a cash benefit for down payment towards purchase or rental housing assistance to recruit new employees or retain current employees. 7. Wellness and Health (1 points): The company or business will pay at least 50% of the cost towards a fitness membership or fitness classes offered through an Evanston-based business that will provide access to fitness and recreational opportunities. 8. Energy Efficiency Assessment (1 point): The company will conduct an energy efficiency assessment of the facility to better understand energy usage and identify ways to reduce energy usage. The assessment can be conducted by an energy efficiency company secured privately or through the participation in a Nicor or ComEd utility run energy assessment program. 9. Energy Efficiency Improvements (1 point): The company will implement energy efficiency projects to reduce the energy use of the work space. Projects 512 of 521 Economic Development Funding Application 11 can be identified through a recent energy efficiency assessment or demonstrated to be energy saving projects through an in-house energy savings calculation. 10. Multi-Modal Transportation (1 point): The company or business will provide an incentive for employees to commute to work using public transit, walking or bicycle. Incentives can include contribution to employees for transit fare, indoor bike parking space for employees, or facilities with a shower and changing room. 11. Recycling and Waste Reduction (1 points): The company or business will increase waste reduction and recycling efforts for both operational waste and customer generated waste, as appropriate. This will include the evaluation of current internal and external waste and recycling containers and optimizing container size to maximize recycling opportunities. 12. Water Efficiency (1 point): Implementation of water efficiency measures to include more efficient appliances, water-using fixtures, landscaping that requires little water use or helps absorb water that would otherwise go to storm drains. AUDIT DOCUMENTS for Livability Public Benefits; timeline for audit (i.e. non-profit support; religious affiliation, non-discriminatory practice to Non-profits 4. Business Plan/Profile Provide a copy of your business plan. Include in the Business Plan the information summarized below in a similar format. I. Cover Sheet (Include business name, address, and all contact info) II. History and Description of Business III. Products Created/Services Provided IV. Marketing Information V. Major Customers VI. Competitive Position in the Industry VII. Size of the Market VIII. Primary Competitors IX. Seasonality of the Market X. Major Distribution Channels XI. Profiles of Management Team/Principals XII. Description of Jobs Created/Added XIII. Overall Schedule XIV. Community Benefits (link to City of Evanston ED Plan) 513 of 521 Economic Development Funding Application 12 List of additional Supplemental Project Information The following additional information may be requested for staff review of project and City due diligence. I. STANDARD DOCUMENTATIONS a. Audited Financial Statement and/or Tax Returns (Past 3 years) b. Articles of Incorporation/Bylaws c. Non-Profit Determination (if applicable) d. List of the Board of Directors (If applicable) e. Authorization to Request Funds f. Designation of Authorized Official g. Organizational Chart h. List of Available Collateral (to secure potential debt with City of Evanston) i. Personal Financial Statement of the Owner or Stockholders owning more than 20% of the voting stock of the company j. Loan Application History (explain more what this is – past 4 years) k. Business Lease l. Copies of any pending litigation cases involving the corporation or its principals and a summary of the case(s). m. Copies of any judgments against the corporation or its principals Copies of any past or present bankruptcy filings for the corporation or its principals, within the past 5 years. n. Credit Report(s) issued within one month of application date for all Principals Associated with Application o. Copies of Purchase Orders or Invoice for business equipment to be purchased (include any serial numbers of new equipment or equipment that will be utilized as collateral) p. Real Estate Related Documents: i. Purchase Contract Agreement ii. Appraisal of real estate to be financed iii. Copy of Construction Contract (if new construction or significant rehabilitation) 514 of 521 Economic Development Funding Application 13 ATTACHMENT A: CDBG/Section 108 Attachment National Objectives All applicants for CDBG or Section 108 funding must demonstrate how the project will meet CDBG national objectives as outlined in 24 CFR 570.208. A project must provide benefit to low- to moderate-income persons through job creation, housing rehabilitation, limited clientele assistance or general area benefit. Definition of Low and Moderate Income Persons (LMI):  Moderate Income Person: A person with income at or below 80% of the median income.  Low Income Person: A person with income at or below 50% of the median income. CSBG Low/Moderate Income Benefit may be achieved by:  Job Creation: Activities designed to create or retain full- or part-time permanent jobs, at least 51 percent of full-time equivalent (FTEs) must be made available to or held by LMI persons.  Direct Assistance to Low/Mod Income Microenterprises: For businesses with 5 or fewer total employees, including the owners, (owners’ income must not exceed 80% of the median income).  Area Benefit: Activity funded provides needed goods or services to a residential service area, in which at least 51 percent of the residents are LMI persons.  Housing Rehabilitation and Related Infrastructure/Acquisition Costs: Activities that are undertaken for the purpose of providing or improving permanent residential structures which, upon completion, will be occupied by LMI households. Which CDBG National Objective will your project meet? Eligible Activities: In addition to meeting a national objective, CDBG/Section 108 funds must be used for eligible activities as established in 24 CFR 570.703(a-m):  Economic development activities eligible under §570.203, Community development activities eligible under §570.204, and planning and environmental urban design activities eligible under §570.205 (See Attachment B for more information);  Acquisition of improved or unimproved real property;  Rehabilitation of property owned or acquired by the City of Evanston or its designated public entity;  Relocation payments for individuals, families, businesses, and other organizations that must relocate temporarily or permanently as a result of activity financed by Section 108 funds; 515 of 521 Economic Development Funding Application 14  Clearance, demolition, and removal on real property acquired or rehabilitated with Section 108 funds;  Site preparation, construction1, installation of public and other site improvements, utilities, or remediation of properties that are related to the economic development of property acquired or rehabilitated with Section 108 funds;  Payment of private sector costs associated with debt financing; and  Debt service reserve. Please explain how your project qualifies as one of the above eligible activities: Public Benefit Standards: In addition to meeting a minimum of one national objective and being used for eligible activities already outlined in this proposal, any economic development projects receiving CDBG Section 108 funding must also meet the public benefit standards as outlined in 24 CFR 570.209(b). By signing and submitting this application, you agree to comply with these standards: 1. A minimum of one job (FTE) created per $50,000 of funding, with 51% of total jobs filled by low/moderate income persons OR; 2. One Low/Moderate Income individual benefitted per $1,000 of funding. An individual project must satisfy one of the requirements in its entirety. For example, a Section 108 loan of $105,000 must either create three jobs, at least two of which are filled by LMI persons or serve a geographic area that is primarily LMI and includes at least 105 Low/Moderate Income people. Creating 2 jobs and benefiting 100 people will not satisfy the minimum standards for evaluating public benefit, as it is a combination of the two requirements. All jobs retained by CDBG Section 108 funding will be considered “jobs created” (570.209(b)) and are subject to the same requirements listed above. 1 All wages of construction workers are subject to Davis-Bacon prevailing wages. 516 of 521 Economic Development Funding Application 15 ATTACHMENT B: Eligible Activities for CDBG Section 108 (§570.203, §570.2034, §570.205) §570.203 Special economic development activities. A recipient may use CDBG funds for special economic development activities in addition to other activities authorized in this subpart that may be carried out as part of an economic development project. Guidelines for selecting activities to assist under this paragraph are provided at §570.209. The recipient must ensure that the appropriate level of public benefit will be derived pursuant to those guidelines before obligating funds under this authority. Special activities authorized under this section do not include assistance for the construction of new housing. Activities eligible under this section may include costs associated with project-specific assessment or remediation of known or suspected environmental contamination. Special economic development activities include: (a) The acquisition, construction, reconstruction, rehabilitation or installation of commercial or industrial buildings, structures, and other real property equipment and improvements, including railroad spurs or similar extensions. Such activities may be carried out by the recipient or public or private nonprofit subrecipients. (b) The provision of assistance to a private for-profit business, including, but not limited to, grants, loans, loan guarantees, interest supplements, technical assis tance, and other forms of support, for any activity where the assistance is appropriate to carry out an economic development project, excluding those described as ineligible in §570.207(a). In selecting businesses to assist under this authority, the recipi ent shall minimize, to the extent practicable, displacement of existing businesses and jobs in neighborhoods. (c) Economic development services in connection with activities eligible under this section, including, but not limited to, outreach efforts to market available forms of assistance; screening of applicants; reviewing and underwriting applications for assistance; preparation of all necessary agreements; management of assisted activities; and the screening, referral, and placement of applicants for em ployment opportunities generated by CDBG-eligible economic development activities, including the costs of providing necessary training for persons filling those positions. [53 FR 34439, Sept. 6, 1988, as amended at 60 FR 1944, Jan. 5, 1995; 71 FR 30035, May 24, 2006] §570.204 Special activities by Community-Based Development Organizations (CBDOs). (a) Eligible activities. The recipient may provide CDBG funds as grants or loans to any CBDO qualified under this section to carry out a neighborhood revitalization, community economic development, or energy conservation project. The funded project activities may include those listed as eligible under this subpart, and, except as described in paragraph (b) of this section, activities not otherwise listed as eligible under this subpart. For purposes of qualifying as a project under paragraphs (a)(1), (a)(2), and (a)(3) of this section, the funded activity or activities may be considered either alone or in concert with other project activities either being carried out or for which funding has been committed. For purposes of this section: 517 of 521 Economic Development Funding Application 16 (1) Neighborhood revitalization project includes activities of sufficient size and scope to have an impact on the decline of a geographic location within the jurisdiction of a unit of general local government (but not the entire jurisdiction) designated in comprehensive plans, ordinances, or other local documents as a neighborhood, village, or similar geographical designation; or the entire jurisdiction of a unit of general local government which is under 25,000 population; (2) Community economic development project includes activities that increase economic opportunity, principally for persons of low- and moderate-income, or that stimulate or retain businesses or permanent jobs, including projects that include one or more such activities that are clearly needed to address a lack of affordable housing accessible to existing or planned jobs and those activities specified at 24 CFR 91.1(a)(1)(iii); activities under this paragraph may include costs associated with project - specific assessment or remediation of known or suspected environmental contamination; (3) Energy conservation project includes activities that address energy conservation, principally for the benefit of the residents of the recipient's jurisdiction; and (4) To carry out a project means that the CBDO undertakes the funded activities directly or through contract with an entity other than the grantee, or through the provision of financial assistance for activities in which it retains a direct and controlling involvement and responsibilities. (b) Ineligible activities. Notwithstanding that CBDOs may carry out activities that are not otherwise eligible under this subpart, this section does not authorize: (1) Carrying out an activity described as ineligible in §570.207(a); (2) Carrying out public services that do not meet the requirements of §570.201(e), except that: (i) Services carried out under this section that are specifically designed to increase economic opportunities through job training and placement and other employment support services, including, but not limited to, peer support programs, counseling, child care, transportation, and other similar services; and (ii) Services of any type carried out under this section pursuant to a strategy approved by HUD under the provisions of 24 CFR 91.215(e) shall not be subject to the limitations in §570.201(e)(1) or (2), as applicable; (3) Providing assistance to activities that would otherwise be eligible under §570.203 that do not meet the requirements of §570.209; or (4) Carrying out an activity that would otherwise be eligible under §570.205 or §570.206, but that would result in the recipient's exceeding the spending limitation in §570.200(g). (c) Eligible CBDOs. (1) A CBDO qualifying under this section is an organization which has the following characteristics: (i) Is an association or corporation organized under State or local law to engage in community development activities (which may include housing and economic development activities) primarily within an identified geographic area of operation within the jurisdiction of the recipient, or in the case of an urban county, the jurisdiction of the county; and (ii) Has as its primary purpose the improvement of the physical, economic or social environment of its geographic area of operation by addressing one or more critical 518 of 521 Economic Development Funding Application 17 problems of the area, with particular attention to the needs of persons of low and moderate income; and (iii) May be either non-profit or for-profit, provided any monetary profits to its shareholders or members must be only incidental to its operations; and (iv) Maintains at least 51 percent of its governing body's membership for low- and moderate-income residents of its geographic area of operation, owners or senior officers of private establishments and other institutions located in and serving its geographic area of operation, or representatives of low- and moderate-income neighborhood organizations located in its geographic area of operation; and (v) Is not an agency or instrumentality of the recipient and does not permit more than one-third of the membership of its governing body to be appointed by, or to consist of, elected or other public officials or employees or officials of an ineligible entity (even though such persons may be otherwise qualified under paragraph (c)(1)(iv) of this section); and (vi) Except as otherwise authorized in paragraph (c)(1)(v) of this section, requires the members of its governing body to be nominated and approved by the general membership of the organization, or by its permanent governing body; and (vii) Is not subject to requirements under which its assets revert to the recipient upon dissolution; and (viii) Is free to contract for goods and services from vendors of its own choosing. (2) A CBDO that does not meet the criteria in paragraph (c)(1) of this section may also qualify as an eligible entity under this section if it meets one of the following requirements: (i) Is an entity organized pursuant to section 301(d) of the Small Business Investment Act of 1958 (15 U.S.C. 681(d)), including those which are profit making; or (ii) Is an SBA approved Section 501 State Development Company or Section 502 Local Development Company, or an SBA Certified Section 503 Company under the Small Business Investment Act of 1958, as amended; or (iii) Is a Community Housing Development Organization (CHDO) under 24 CFR 92.2, designated as a CHDO by the HOME Investment Partnerships program participating jurisdiction, with a geographic area of operation of no more than one neighborhood, and has received HOME funds under 24 CFR 92.300 or is expected to receive HOME funds as described in and documented in accordance with 24 CFR 92.300(e). (3) A CBDO that does not qualify under paragraph (c)(1) or (2) of this section may also be determined to qualify as an eligible entity under this section if the recipient demonstrates to the satisfaction of HUD, through the provision of information regarding the organization's charter and by-laws, that the organization is sufficiently similar in purpose, function, and scope to those entities qualifying under paragraph (c)(1) or (2) of this section. [60 FR 1944, Jan. 5, 1995, as amended at 71 FR 30035, May 24, 2006] §570.205 Eligible planning, urban environmental design and policy-planning- management-capacity building activities. (a) Planning activities which consist of all costs of data gathering, studies, analysis, and preparation of plans and the identification of actions that will implement such plans, including, but not limited to: 519 of 521 Economic Development Funding Application 18 (1) Comprehensive plans; (2) Community development plans; (3) Functional plans, in areas such as: (i) Housing, including the development of a consolidated plan; (ii) Land use and urban environmental design; (iii) Economic development; (iv) Open space and recreation; (v) Energy use and conservation; (vi) Floodplain and wetlands management in accordance with the requirements of Executive Orders 11988 and 11990; (vii) Transportation; (viii) Utilities; and (ix) Historic preservation. (4) Other plans and studies such as: (i) Small area and neighborhood plans; (ii) Capital improvements programs; (iii) Individual project plans (but excluding engineering and design costs related to a specific activity which are eligible as part of the cost of such activity under §§570.201- 570.204); (iv) The reasonable costs of general environmental, urban environmental design and historic preservation studies; and general environmental assessment - and remediation-oriented planning related to properties with known or suspected environmental contamination. However, costs necessary to comply with 24 CFR part 58, including project specific environmental assessments and clearances for activities eligible for assistance under this part, are eligible as part of the cost of such activities under §§570.201-570.204. Costs for such specific assessments and clearances may also be incurred under this paragraph but would then be considered planning costs for the purposes of §570.200(g); (v) Strategies and action programs to implement plans, including the development of codes, ordinances and regulations; (vi) Support of clearinghouse functions, such as those specified in Executive Order 12372; and (vii) Analysis of impediments to fair housing choice. (viii) Developing an inventory of properties with known or suspected environmental contamination. (5) [Reserved] (6) Policy—planning—management—capacity building activities which will enable the recipient to: (1) Determine its needs; (2) Set long-term goals and short-term objectives, including those related to urban environmental design; (3) Devise programs and activities to meet these goals and objectives; (4) Evaluate the progress of such programs and activities in accomplishing these goals and objectives; and 520 of 521 Economic Development Funding Application 19 (5) Carry out management, coordination and monitoring of activities ne cessary for effective planning implementation, but excluding the costs necessary to implement such plans. [53 FR 34439, Sept. 6, 1988, as amended at 56 FR 56127, Oct. 31, 1991; 60 FR 1915, Jan. 5, 1995; 71 FR 30035, May 24, 2006] 521 of 521