Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
CCPacket20150413
CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, April 13, 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 Fiske (II) Mayor Public Announcements and Proclamations National Fair Housing Month, April 2015 National Library Week, April 12-18, 2015 National Volunteer Week, April 12-18, 2015 (III) City Manager Public Announcements Earth Day/Arbor Day Celebration, April 25, 2015 Tree City USA Award (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: Retirement of Alderman Coleen Burrus (VII) Consent Agenda: Alderman Rainey 1 of 722 City Council Agenda April 13, 2015 Page 2 of 10 (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) Resolution 38-R-15 Commending Alderman Coleen Burrus for Her Years of Service as a Member of the Evanston City Council. For Action CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting of March 23, 2015. For Action ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through March 22, 2015 $2,619,595.20 (A2) FY2015 City of Evanston Bills – April 14, 2015 $4,519,484.79 Credit Card Activity through February 28, 2015 $ 115,676.51 For Action (A3.1) Approval of the Contract with Krave LLC to Operate Concessions at the Evanston Lakefront Staff recommends City Council authorize the City Manager to execute the contract between the City of Evanston and Krave LLC (710 Madison St, Evanston) for the Church and Clark Street food & drink stand and the lakefront mobile concessions (Lighthouse, Clark St., Greenwood St., South Blvd. and Lee Street) for the 2015 season. Krave LLC will pay the City $14,500 for the privilege of the 2015 permit, which is an increase of $3,000 from last year. There is an option to renew for 2016, which makes the total contract value $29,000. For Action 2 of 722 City Council Agenda April 13, 2015 Page 3 of 10 (A3.2) Approval of Northeastern Illinois Public Safety Training Academy (NIPSTA) 2015 Membership Dues Staff recommends City Council approval for payment of the 2015 Fire and Public Works Departments’ NIPSTA (2300 Patriot Boulevard, Glenview, IL) membership fees in the amount of $23,545. Funding is provided by the Fire Department budget (Account 2305.62360) for both the Fire and Public Works Departments. For Action (A3.3) Approval of Engineering Services Agreement with CDM Smith for Rehabilitation of the Water Plant’s 1914 and 1924 Clearwells (RFP 15-20) Staff recommends City Council authorize the City Manager to execute an agreement for the Engineering Services for Rehabilitation of Water Plant 1914 and 1924 Clearwells with CDM Smith (125 South Wacker Drive, Suite 600, Chicago, IL) in the not-to-exceed amount of $76,719. Funding is provided by Water Fund (Account 513.71.7330.62140 - 733128), with a budget for finished water storage improvements of $2,000,000 for FY 2015. For Action (A3.4) Approval of Contract Award to Filotto Construction, Inc., for 2015 Animal Shelter Roof Replacement (Bid 15-11) Staff recommends City Council authorize the City Manager to execute a contract for the 2015 Animal Shelter Roof Replacement project with Filotto Construction, Inc. (2111 Oakland Avenue, Crest Hill, IL) in the amount of $21,100. Funding is provided by Capital Improvement Plan (CIP) budget for Animal Shelter Renovations (Project Account 416435.65510). For Action A3.5) Approval of 2015 MFT Street Resurfacing Construction Contract with A. Lamp Concrete Contractors Inc. (Bid 15-14) Staff recommends that City Council authorize the City Manager to execute a contract for the 2015 MFT Street Resurfacing Project with A. Lamp Concrete Contractors Inc. (1900 Wright Blvd., Schaumburg, IL) in the amount of $1,378,359.40. Funding will be provided by the approved 2015 Motor Fuel Tax Fund (Account 100.26.5096.66515). For Action (A3.6) Approval of Purchase of Unique Paving Material (Cold Patch) from Peter Baker & Son Staff recommends City Council authorize the purchase of Unique Paving Material (Cold Patch or UPM) for street maintenance from Peter Baker & Son (1349 Rockland Road Lake Bluff, IL) in the amount of $50,000. Funding is provided by the FY2015 General Fund Street and Alley budget (Account 100.26.2670.65055) in the amount of $35,000 and the Water Fund budget (Account 510.71.7115.65051) in the amount of $15,000. Peter Baker & Son was the successful bid winner of the joint purchase let by the North Shore Municipal Consortium, and will extend last year’s price for 2015. For Action 3 of 722 City Council Agenda April 13, 2015 Page 4 of 10 (A3.7) Approval of Contract Renewal with CarQuest for Auto Parts Staff recommends City Council authorize the City Manager to execute a final, one (1) year renewal of the purchasing agreement for general auto parts from Carquest (2312 Main Street, Evanston, IL) in the amount of $60,000. Funding is provided by the Fleet Fund (Account 600.26.7710.65060) which has a FY2015 budget of $920,829. For Action (A3.8) Approval of Purchase of Trees and Planting Services for Spring Planting from Suburban Tree Consortium Staff recommends City Council approval to purchase 294 trees and planting services for 150 trees from Suburban Tree Consortium (STC) in the amount of $80,524.76. Funding is provided by the General Fund (Account 100.26.2655.65005), which is budgeted for $115,000 for the FY2015 spring and fall planting seasons, and the remainder through the “Replant Express,” program which allows residents to pay the full cost to have a tree planted immediately. For Action (A4) Approval of Change Order No. 3 for 48-Inch Diameter Water Intake Improvements (Bid 14-04) Staff recommends City Council authorize the City Manager to execute Change Order No. 3 for the 48-Inch Diameter Water Intake Improvements with Lake Erie Diving, Inc. (362 Blackbrook Road, Painesville, OH) in the amount of $41,074. This change order will increase the contract amount from $1,403,122 to $1,444,196. Funding is provided by the project contingency and $14,996 by the Water Fund, from funds available within the FY2015 Budget. For Action (A5) Approval of Letter of Commitment for Youth Organization Umbrella (Y.O.U.) Street Outreach Program Staff recommends that City Council authorize the City Manager to sign a letter of commitment for the Y.O.U. Street Outreach Program. As part of the grant process Y.O.U has asked that the City sign a letter of commitment, by April 1, 2015, to provide our current level of participation in the program for another granting cycle (4years). If funding is awarded in this new grant cycle, an agreement would be brought to City Council for approval. For Action (A6) Parks and Facilities 2016-2018 Draft Capital Improvement Plan Staff recommends City Council refer the Parks and Facilities 2016-2018 Draft CIP Plan to the Parks & Recreation Board for review. Community feedback is encouraged while the plan is at the Park and Recreation board. Once the board has reviewed and provided feedback there will be an additional community engagement component before the plan returns to the City Council in June for discussion. For Action 4 of 722 City Council Agenda April 13, 2015 Page 5 of 10 (A7) Resolution 41-R-15, Authorizing Amendment to the TIF Construction Loan Agreement with Evanston North Shore Contractors Cooperative, LLC Staff recommends that the City Council adopt Resolution 41-R-15 authorizing the City Manager to negotiate and execute an amendment to the TIF Construction Loan Agreement with the Evanston North Shore Contractors Cooperative, LLC executed February 23, 2012. For Action (A8) Resolution 37-R-15, Dempster Street Traffic Signal Modernization and Coordination Project Staff recommends that City Council adopt Resolution 37-R-15 authorizing the City Manager to execute the Local Agency Amendment #1 for Federal Participation with the Illinois Department of Transportation (IDOT) for the Dempster Street traffic signal modernization and coordination project. The total cost for construction and construction engineering is $1,195,000, which is $273,000 higher than the original estimate. Federal funding will increase by $238,000. The City of Evanston share increases by $35,000 to a new total of $240,000, which is still within the CIP budget for this project. Funding is provided by CMAP and the Capital Improvement Fund (Project 415941). For Action (A9) Resolution 39-R-15, Authorizing an Right-of-Way Agreement with Unite Private Networks for the Installation of Dark Fiber Optic Cable Staff recommends City Council adoption of Resolution 39-R-15, authorizing the City Manager to negotiate and execute a Right-of-Way Agreement with Unite Private Networks-Illinois, LLC (UPN), of 120 S. Steward Rd., Liberty MO, for the construction of a dark fiber communications network in the public right-of-way to be leased by Evanston/Skokie School District 65. For Action (A10) Ordinance 40-O-15 Authorizing City Manager to Execute a Lease Agreement for City Owned Property at 1804 Maple Avenue Staff recommends City Council adoption of Ordinance 40-O-15 authorizing the City Manager to execute a lease agreement with Pharmacann, LLC for the City owned property at 1804 Maple Avenue. Pharmacann, LLC proposes to lease the property to operate a medical cannabis dispensary in accordance with Public Act 098-0122 “The Compassionate Use of Medical Cannabis Pilot Program Act.” For Introduction (A11) Ordinance 44-O-15, Decreasing the Number of Class C Liquor Licenses for Egg’Em on Clarke’s, Inc., dba Clarke’s, 720 Clark Street Staff recommends City Council adoption of Ordinance 44-O-15, which amends Evanston City Code to decrease the number of authorized Class C liquor licenses from twenty-two (22) to twenty-one (21). Egg’Em on Clarke’s, Inc., dba Clarke’s (“Company”), 720 Clark Street, is not renewing its liquor license. For Introduction 5 of 722 City Council Agenda April 13, 2015 Page 6 of 10 (A12) Ordinance 45-O-15, Decreasing the Number of Class D Liquor Licenses for Mt. Prospect Venture, Inc., d/b/a Giordano’s Restaurant, 1527 Chicago Avenue Staff recommends City Council adoption of Ordinance 45-O-15, which amends Evanston City Code to decrease the number of authorized Class D liquor licenses from fifty-one (51) to fifty (50) due to the closing of Mt. Prospect Venture, Inc., d/b/a Giordano’s Restaurant (“Company”), 1527 Chicago Avenue. For Introduction (A13) Ordinance 41-O-15, Amending City Code Section 3-4-6 By Creating the New Class F-1 Liquor License Local Liquor Commissioner provides a neutral recommendation to City Council regarding the adoption of Ordinance 41-O-15. Ordinance 41-O-15 allows grocery stores to sell alcohol for offsite consumption and sell beer and wine for onsite consumption. This Ordinance provides the same requirements as grocery stores holding the Class F liquor license, while adding provisions related to onsite consumption. For Introduction (A14) Ordinance 48-O-15, Increasing the Number of Class F-1 Liquor Licenses for Whole Foods Market Group, Inc., d/b/a Whole Foods Market, 2748 Green Bay Road Local Liquor Commissioner provides a neutral recommendation to City Council regarding the adoption of Ordinance 48-O-15, which amends Evanston City Code to increase the number of authorized Class F-1 liquor licenses from zero (0) to one (1), and permit issuance of a Class F license to Whole Foods Market Group, Inc., d/b/a Whole Foods Market (“Company”), 2748 Green Bay Road. This license will permit Company the retail sale of alcoholic liquor in grocery stores in original packages for offsite consumption and onsite consumption of beer and wine only to persons of at least twenty-one (21) years of age. For Introduction (A15) Ordinance 46-O-15, Amending City Code Section 3-4-6-(P-1) to Allow for Sale of Beer in Twenty-Two Ounce Containers for Off-Site Consumption Local Liquor Commissioner recommends City Council adoption of Ordinance 46- O-15, which will amend the City Code to allow for sale of beer in twenty-two (22) ounce containers for off-site consumption for the current Class P-1 liquor licenses. The Local Liquor Control Board finds that twenty-two (22) ounce containers are typical of the craft beer industry. For Introduction (A16) Ordinance 47-O-15, Amending City Code Section 3-4-6 By Creating the New Class P-3 Liquor License for Craft Wineries Local Liquor Commissioner recommends City Council adoption of Ordinance 47- O-15, which allows craft wineries to sell wine for both on-site and off-site consumption. This Ordinance imposes requirements onto craft wineries in a similar and consistent manner as those requirements onto craft breweries. For Introduction 6 of 722 City Council Agenda April 13, 2015 Page 7 of 10 (A17) Ordinance 49-O-15, Amending City Code Section 3-4-6-(Z-3) and 3-4-6-(Z-4) to Remove the Evanston Arts Center and Add the Gibbs-Morrison Cultural Center as Authorized City-Owned Buildings for Special One-Day Liquor Licenses Staff recommends City Council adoption of Ordinance 49-O-15, which adds the Gibbs-Morrison Cultural Center, 1823 Church Street, and removes the Evanston Arts Center, 2603 Sheridan Road, as authorized City-owned buildings in connection with special one-day liquor licenses, Class Z-3 and Class Z-4 liquor licenses. For Introduction (A18) Ordinance 38-O-15, Amending City Code Section 7-2-6(D), “Sidewalk Cafes,” Allowing the Sale of Wine at Wine Shop/Enoteca Sidewalk Cafes Staff recommends City Council consideration of Ordinance 38-O-15 which amends the City Code to permit sidewalk cafes at business establishments that operate a wine shop, also known as an enoteca. The current sidewalk café ordinance only allows Type I and Type II restaurants to apply for a sidewalk café permit. For Introduction (A19) 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. This ordinance was introduced at the March 23, 2015 City Council meeting. For Action (A20) 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. This ordinance was introduced at the March 23, 2015 City Council meeting. For Action 7 of 722 City Council Agenda April 13, 2015 Page 8 of 10 PLANNING & DEVELOPMENT COMMITTEE (P1) Ordinance 43-O-15 Planned Development, 1620 Central Street The Plan Commission and staff recommend adoption of Ordinance 43-O-15 for Special Use approval of a Planned Development at 1620 Central Street. The four-story (45-foot high) multiple-family residential building includes 47 dwelling units and 54 parking spaces on site. For Introduction (P2) 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. This ordinance was introduced at the March 23, 2015 City Council meeting. For Action (P3) 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. This ordinance was introduced at the March 23, 2015 City Council meeting. For Action (P4) Ordinance 22-O-15 Zoning Ordinance Text Amendment for Fences and Invisible Pet Fences The Plan Commission and staff recommend adoption 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. This ordinance was introduced at the March 23, 2015 City Council meeting. For Action Plan Commission and staff recommend adoption of Ordinances 20-O-15 and 25-O-15 (Agenda Items P5.1 and P5.2), 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. 8 of 722 City Council Agenda April 13, 2015 Page 9 of 10 (P5.1) Ordinance 20-O-15, Amending the Text of the Zoning Ordinance by Enacting a New Section 6-15-17, “oDM Dempster-Main Overlay District” This ordinance was introduced at the March 23, 2015 City Council meeting. For Action (P5.2) Ordinance 25-O-15, Amending the Zoning Map to Place Certain Properties within the oDM Dempster-Main Overlay District This ordinance was introduced at the March 23, 2015 City Council meeting. For Action (P6) 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 (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. This ordinance was introduced at the March 9, 2015 City Council meeting, and held pending further discussion with the developer at the March 23, 2015 Council meeting. For Action (P7) Resolution 40-R-15 Acceptance of Affordable Housing Fund Contribution, 1571 Maple Avenue Planned Development City staff recommends that the City Council adopt Resolution 40-R-15, authorizing the City Manager to accept and distribute the affordable housing contribution from the applicant of the 1571 Maple Avenue Planned Development to a local non-profit affordable housing developer for acquisition of affordable housing units in the downtown area. For Action HUMAN SERVICES COMMITTEE (H1) Resolution 35-R-15, Authorizing the City Manager to Execute Artist Leases for Space at the Noyes Cultural Arts Center Staff recommends City Council adoption of Resolution 35-R-15 authorizing The City Manager to enter into four (4) new agreements for the artist leases for spaces at the Noyes Cultural Arts Center. For Action 9 of 722 City Council Agenda April 13, 2015 Page 10 of 10 APPOINTMENTS (APP 1) For Appointment to: Commission on Aging Jessie Macdonald Economic Development Committee Ahmadou Drame Ladd Arboretum Committee Tom Klitzkie Mental Health Board Michael Pierce Parks and Recreation Board Emily DeStefano Plan Commission Simon Belisle Plan Commission Peter Isaac Public Safety Civil Service Commission Joan Hickman Public Safety Civil Service Commission Keith Terry Public Safety Civil Service Commission Salina Greene MEETINGS SCHEDULED THROUGH APRIL 2015 Upcoming Aldermanic Committee Meetings Wed, Apr 15 6:30 pm M/W/EBE Advisory Committee Wed, Apr 15 7 pm Harley Clarke Citizens’ Committee Wed, Apr 22 6 pm Transportation/Parking Committee Wed, Apr 22 7:30 pm Economic Development Committee Fri, Apr 24 7 am Housing & Homelessness Commission Mon, Apr 27 6 pm A&PW, P&D, City Council meetings Information is available about Evanston City Council meetings at: www.cityofevanston.org/citycouncil. Questions can be directed to the City Manager’s Office at 847-866-2936. The City is committed to ensuring accessibility for all citizens. If an accommodation is needed to participate in this meeting, please contact the City Manager’s Office 48 hours in advance so that arrangements can be made for the accommodation if possible. 10 of 722 For City Council meeting of April 13, 2015 Item SP1 Resolution 38-R-15: Commending Alderman Coleen Burrus For Action To: Honorable Mayor and Members of the City Council From: City Clerk Rodney Greene Subject: Resolution 38-R-15 Date: April 3, 2015 Recommended Action: Approval of commendatory Resolution for Alderman Coleen Burrus’ years of service as a member of the 79th Evanston City Council. Summary: The City Council expresses great appreciation to Alderman Burrus for her service to the City, and regrets the occasion of her retirement owing to her appointment as Director of Corporate and Foundation Relations at Princeton University. ------------------------------------------------------------------------------------- Attachments: Ordinance 38-R-15 Memorandum 11 of 722 4/3/2015 38-R-15 A RESOLUTION Upon the Occasion of the Retirement of Alderman Coleen Burrus WHEREAS, Coleen Burrus served as Alderman of the Ninth Ward of the City of Evanston during the years 2009 through 2015; WHEREAS, Alderman Burrus served as a member of the following Boards, Commissions, Committees and Panels: Administration & Public Works; Human Services; Rules; Housing and Community Development; Economic Development; Transportation/Parking; 911 Emergency Telephone System; and Plan Commission; and WHEREAS, Alderman Burrus has served the citizens of her ward and the entire City with distinction, giving freely of her time, energy and ability, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Council does hereby express great appreciation to Alderman Burrus for her service to the City, and regrets the occasion of her retirement. SECTION 2: That a copy of this Resolution, executed by the Mayor and attested to by the City Clerk, be sent to Alderman Burrus. Attest: Elizabeth B. Tisdahl, Mayor Rodney Greene, City Clerk Adopted: , 2015 12 of 722 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, March 23, 2015 Roll Call: Alderman Wynne Alderman Rainey Alderman Wilson Alderman Burrus Alderman Holmes Alderman Fiske Alderman Tendam Alderman Braithwaite Alderman Grover Presiding: Mayor Elizabeth B. Tisdahl Mayor Tisdahl opened the Regular Meeting of the City Council at 7:50 PM after Roll Call was performed. Alderman Fiske arrived 2 minutes after Roll Call. Mayor Public Announcements and Proclamations School for Little Children, Celebrating 80 Years anniversary was read by the Mayor and the Proclamation was presented to Carol Kessler naming March 23, 2015 as their day. Carol Kessler thanked the Mayor and Council for the honor and all who were present stood for a photo op. National Public Health Week, April 6-12, 2015 was announced by the Mayor Mayor’s Summer Youth Employment Job Fair, March 27, 2015, 9 am-2pm at ETHS. She also announced the death and funeral services for former Mayor Joan Barr, the first woman Mayor. City Manager Public Announcements American Public Works Association Awards were mentioned by the City Manager as he asked Director Suzette Robinson to come forward to announce the various awards that were received. Ms. Robinson spoke of the Project of the Year Award for the Lakefront Lagoon Restoration Project (APWA Branch Award), and the Chicago Metro Chapter Award for Historic Preservation. She also recognized Mr. Arrington for his donation and vision for the Lakefront. Mr. Arrington came forward and spoke of his and his daughter’s involvement in the project of preserving the Lakefront Lagoon in memory of his father. City Manager also mentioned the award given to ALAB Concrete for the City’s 2013 Street Resurfacing Project. Stephen Walker, Equipment Operator 2 was recognized and received an award for his quality work within the Public Works Department, and as a temporary Supervisor and will continue to compete for the National Recognition Award in August. Mr. Walker expressed his thanks for his supervisor and the assistance he received. Mr. Bobkiewicz then announced the Community Involvement Award presented to Ms. Suzette Robinson, Director of Public Works who will also go on to compete in August for the National Title. 13 of 722 City Council Agenda March 23, 2015 Page 2 of 10 Evanston Lobby Day in Springfield is April 14, 2015. There will be a bus available to transport interested persons, but please check the website for more information. Saturday, March 28th will be our earth hour day from 8:30 – 9 PM, and we are encouraging residents to participate as we compete for the world earth hour community. Communications: City Clerk Clerk Greene announced that early voting is now in progress and will continue through Saturday, April 4th. He encouraged all to get out and vote, because if you don’t vote you lose your right to complain. Public Comment Speaking on item P5 1571 Maple Avenue: Carl Bova, said spill over spill over (x3), he suggested an unbiased study of this issue be conducted by the Council. Doug Fuson spoke in opposition to the plan. He also suggested if those of concern should get a lawyer to obtain legal advice in this matter. Howard Ellman is the President of the Windham Association suggested the Council accept compromise with the developer, because it is the best way to go. George Martin strongly endorses the comments of the previous speakers, and he asked why we have zoning rules. He strongly suggest the Council rejects the proposal as it stands. Steve Lewis stated we need adequate parking in the area and not more buildings that do not include parking. Please vote against this proposal. Speaking on Firearms Ordinance Denyse Stoneback thanked the Council for passing the Ordinance. She also suggested that Evanston should include in its law stronger language, and she is willing to assist in the drafting of such a law. Ralph Zasomba, He stated there are issues that need to be addressed such as safety, noise, environmental, and traffic. He suggested these issues should be studied very rigorously before passing the Ordinance. Jerry Specht he suggested the gun shops should not be allowed closer than 500 feet, he also agreed with the previous speakers. Miscellaneous topics: Tim Mizell spoke of the screening this Saturday at the Evanston Library at 1:00 in honor of National Women’s History Month. He also passed out small post cards to the Dias. Junad Rizki, he thanked Northwestern for giving the City 5 million dollars over 5 years, but he has some uncertainty. He also spoke of his concerns of the city leasing parking spaces when they should be selling the spaces to recoup monies. He also had suggestions for the monies coming from Northwestern. Sharon Feigon spoke on behalf of Citizens for Greener Evanston as she spoke in favor of the proposed Project, and the Maple Garage’s under usage. Peggy Tarr spoke of the lack of positive responses for her requests concerning the noise coming from “Revolution Spin” which is now “Revolution X”. She also read a letter she sent to Chief Eddington and stated she had no response from the Chief. Betty Ester spoke of the 3.7 million dollars the Governor intends to cut from what Evanston would receive from the State. She questioned the effect of the 42 jobs and other items will go on hold or be cut on the city’s operations. 14 of 722 City Council Agenda March 23, 2015 Page 3 of 10 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 This presentation was delivered by Marty Lyons, Assistant City Manager. There was no motion or vote to accept the FY2014 Year End Financial Report to be placed on file. Items not approved on Consent Agenda: (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 (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 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 15 of 722 City Council Agenda March 23, 2015 Page 4 of 10 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 (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 16 of 722 City Council Agenda March 23, 2015 Page 5 of 10 (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 (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 17 of 722 City Council Agenda March 23, 2015 Page 6 of 10 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 Alderman Rainey suspended the rules. (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 (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 18 of 722 City Council Agenda March 23, 2015 Page 7 of 10 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 (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 19 of 722 City Council Agenda March 23, 2015 Page 8 of 10 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 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 20 of 722 City Council Agenda March 23, 2015 Page 9 of 10 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 Alderman Rainey motioned for approval of the Consent Agenda with a second from Ald. The motion passed with a 9-0 vote. Items for discussion: (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 Alderman Burrus motioned for approval since Alderman Rainey suspended the rules during Consent Agenda and it was seconded by Ald. Rainey. 9-0 the motion passed. (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 Alderman Burrus motioned for approval with the amendment changing the footage from 250 ft. to 350 ft. from schools etc. It was seconded by Ala. Rainey. 9-0 the motion passed. (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 This item was held over until the next Regular Council Meeting on Monday, April 13, 2015. Call of the Wards: Ward 3, Alderman Wynne congratulated the Mayor for reaching agreement with Northwestern and the $5,000,000.00 for the next 5 years. 21 of 722 City Council Agenda March 23, 2015 Page 10 of 10 Ward 4, Alderman Wilson had no report. Ward 5, Alderman Holmes congratulated the Mayor on her State of the City Address. Ward 6, Alderman Tendam mentioned the two horrific fires, and there are fundraisers to assist these families. He asked those who want to donate to contact him. Ward 7, Alderman Grover announced the passing of Carol Harns a well- loved neighbor. Ward 8, Alderman Rainey stated the Mayor’s message was the best she ever heard. She also mentioned the death of former Mayor Joan Barr and her services this Saturday at St. Mark’s Church. She also announced the payment of $18,000.00 from the Peckish Pig for their patio. She would like to hear from staff concerning the reports of Revolution X. Ward 9, Alderman Burrus she too agreed with the Mayor’s message, and her last day on the Council will be April 24th, and the Mayor will be announcing her replacement on April 1st. Ward 1, Alderman Fiske said she was sad. She also sends out her condolences to the family of Joan Barr and the great work she gave to the City. Ward 2, Alderman Braithwaite gave condolences to Joan Barr’s family and how she visited his father while in the hospital. He also congratulated Alderman Burrus on her new position with Princeton University. Alderman Wilson motioned to convene into Executive Session to discuss Personnel and Minutes. The motion was seconded and with a Voice Vote the motion was carried, and the Regular Meeting of the City Council ended at 10:30 pm. Submitted by, Hon. Rodney Greene, MMC City Clerk 22 of 722 ADMINISTRATION & PUBLIC WORKS COMMITTEE Monday, April 13, 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 23, 2015 III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through March 22, 2015 $2,619,595.20 (A2) FY2015 City of Evanston Bills – April 14, 2015 $4,519,484.79 Credit Card Activity through February 28, 2015 $ 115,676.51 For Action (A3.1) Approval of the Contract with Krave LLC to Operate Concessions at the Evanston Lakefront Staff recommends City Council authorize the City Manager to execute the contract between the City of Evanston and Krave LLC (710 Madison St, Evanston) for the Church and Clark Street food & drink stand and the lakefront mobile concessions (Lighthouse, Clark St., Greenwood St., South Blvd. and Lee Street) for the 2015 season. Krave LLC will pay the City $14,500 for the privilege of the 2015 permit, which is an increase of $3,000 from last year. There is an option to renew for 2016, which makes the total contract value $29,000. For Action (A3.2) Approval of Northeastern Illinois Public Safety Training Academy (NIPSTA) 2015 Membership Dues Staff recommends City Council approval for payment of the 2015 Fire and Public Works Departments’ NIPSTA (2300 Patriot Boulevard, Glenview, IL) membership fees in the amount of $23,545. Funding is provided by the Fire Department budget (Account 2305.62360) for both the Fire and Public Works Departments. For Action Page 1; Rev. 4/10/2015 11:48:49 AM 23 of 722 (A3.3) Approval of Engineering Services Agreement with CDM Smith for Rehabilitation of the Water Plant’s 1914 and 1924 Clearwells (RFP 15-20) Staff recommends City Council authorize the City Manager to execute an agreement for the Engineering Services for Rehabilitation of Water Plant 1914 and 1924 Clearwells with CDM Smith (125 South Wacker Drive, Suite 600, Chicago, IL) in the not-to-exceed amount of $76,719. Funding is provided by Water Fund (Account 513.71.7330.62140 - 733128), with a budget for finished water storage improvements of $2,000,000 for FY 2015. For Action (A3.4) Approval of Contract Award to Filotto Construction, Inc., for 2015 Animal Shelter Roof Replacement (Bid 15-11) Staff recommends City Council authorize the City Manager to execute a contract for the 2015 Animal Shelter Roof Replacement project with Filotto Construction, Inc. (2111 Oakland Avenue, Crest Hill, IL) in the amount of $21,100. Funding is provided by Capital Improvement Plan (CIP) budget for Animal Shelter Renovations (Project Account 416435.65510). For Action A3.5) Approval of 2015 MFT Street Resurfacing Construction Contract with A. Lamp Concrete Contractors Inc. (Bid 15-14) Staff recommends that City Council authorize the City Manager to execute a contract for the 2015 MFT Street Resurfacing Project with A. Lamp Concrete Contractors Inc. (1900 Wright Blvd., Schaumburg, IL) in the amount of $1,378,359.40. Funding will be provided by the approved 2015 Motor Fuel Tax Fund (Account 100.26.5096.66515). For Action (A3.6) Approval of Purchase of Unique Paving Material (Cold Patch) from Peter Baker & Son Staff recommends City Council authorize the purchase of Unique Paving Material (Cold Patch or UPM) for street maintenance from Peter Baker & Son (1349 Rockland Road Lake Bluff, IL) in the amount of $50,000. Funding is provided by the FY2015 General Fund Street and Alley budget (Account 100.26.2670.65055) in the amount of $35,000 and the Water Fund budget (Account 510.71.7115.65051) in the amount of $15,000. Peter Baker & Son was the successful bid winner of the joint purchase let by the North Shore Municipal Consortium, and will extend last year’s price for 2015. For Action (A3.7) Approval of Contract Renewal with CarQuest for Auto Parts Staff recommends City Council authorize the City Manager to execute a final, one (1) year renewal of the purchasing agreement for general auto parts from Carquest (2312 Main Street, Evanston, IL) in the amount of $60,000. Funding is provided by the Fleet Fund (Account 600.26.7710.65060) which has a FY2015 budget of $920,829. For Action Page 2; Rev. 4/10/2015 11:48:49 AM 24 of 722 (A3.8) Approval of Purchase of Trees and Planting Services for Spring Planting from Suburban Tree Consortium Staff recommends City Council approval to purchase 294 trees and planting services for 150 trees from Suburban Tree Consortium (STC) in the amount of $80,524.76. Funding is provided by the General Fund (Account 100.26.2655.65005), which is budgeted for $115,000 for the FY2015 spring and fall planting seasons, and the remainder through the “Replant Express,” program which allows residents to pay the full cost to have a tree planted immediately. For Action (A4) Approval of Change Order No. 3 for 48-Inch Diameter Water Intake Improvements (Bid 14-04) Staff recommends City Council authorize the City Manager to execute Change Order No. 3 for the 48-Inch Diameter Water Intake Improvements with Lake Erie Diving, Inc. (362 Blackbrook Road, Painesville, OH) in the amount of $41,074. This change order will increase the contract amount from $1,403,122 to $1,444,196. Funding is provided by the project contingency and $14,996 by the Water Fund, from funds available within the FY2015 Budget. For Action (A5) Approval of Letter of Commitment for Youth Organization Umbrella (Y.O.U.) Street Outreach Program Staff recommends that City Council authorize the City Manager to sign a letter of commitment for the Y.O.U. Street Outreach Program. As part of the grant process Y.O.U has asked that the City sign a letter of commitment, by April 1, 2015, to provide our current level of participation in the program for another granting cycle (4years). If funding is awarded in this new grant cycle, an agreement would be brought to City Council for approval. For Action (A6) Parks and Facilities 2016-2018 Draft Capital Improvement Plan Staff recommends City Council refer the Parks and Facilities 2016-2018 Draft CIP Plan to the Parks & Recreation Board for review. Community feedback is encouraged while the plan is at the Park and Recreation board. Once the board has reviewed and provided feedback there will be an additional community engagement component before the plan returns to the City Council in June for discussion. For Action (A7) Resolution 41-R-15, Authorizing Amendment to the TIF Construction Loan Agreement with Evanston North Shore Contractors Cooperative, LLC Staff recommends that the City Council adopt Resolution 41-R-15 authorizing the City Manager to negotiate and execute an amendment to the TIF Construction Loan Agreement with the Evanston North Shore Contractors Cooperative, LLC executed February 23, 2012. For Action Page 3; Rev. 4/10/2015 11:48:49 AM 25 of 722 (A8) Resolution 37-R-15, Dempster Street Traffic Signal Modernization and Coordination Project Staff recommends that City Council adopt Resolution 37-R-15 authorizing the City Manager to execute the Local Agency Amendment #1 for Federal Participation with the Illinois Department of Transportation (IDOT) for the Dempster Street traffic signal modernization and coordination project. The total cost for construction and construction engineering is $1,195,000, which is $273,000 higher than the original estimate. Federal funding will increase by $238,000. The City of Evanston share increases by $35,000 to a new total of $240,000, which is still within the CIP budget for this project. Funding is provided by CMAP and the Capital Improvement Fund (Project 415941). For Action (A9) Resolution 39-R-15, Authorizing an Right-of-Way Agreement with Unite Private Networks for the Installation of Dark Fiber Optic Cable Staff recommends City Council adoption of Resolution 39-R-15, authorizing the City Manager to negotiate and execute a Right-of-Way Agreement with Unite Private Networks-Illinois, LLC (UPN), of 120 S. Steward Rd., Liberty MO, for the construction of a dark fiber communications network in the public right-of-way to be leased by Evanston/Skokie School District 65. For Action (A10) Ordinance 40-O-15 Authorizing City Manager to Execute a Lease Agreement for City Owned Property at 1804 Maple Avenue Staff recommends City Council adoption of Ordinance 40-O-15 authorizing the City Manager to execute a lease agreement with Pharmacann, LLC for the City owned property at 1804 Maple Avenue. Pharmacann, LLC proposes to lease the property to operate a medical cannabis dispensary in accordance with Public Act 098-0122 “The Compassionate Use of Medical Cannabis Pilot Program Act.” For Introduction (A11) Ordinance 44-O-15, Decreasing the Number of Class C Liquor Licenses for Egg’Em on Clarke’s, Inc., dba Clarke’s, 720 Clark Street Staff recommends City Council adoption of Ordinance 44-O-15, which amends Evanston City Code to decrease the number of authorized Class C liquor licenses from twenty-two (22) to twenty-one (21). Egg’Em on Clarke’s, Inc., dba Clarke’s (“Company”), 720 Clark Street, is not renewing its liquor license. For Introduction (A12) Ordinance 45-O-15, Decreasing the Number of Class D Liquor Licenses for Mt. Prospect Venture, Inc., d/b/a Giordano’s Restaurant, 1527 Chicago Avenue Staff recommends City Council adoption of Ordinance 45-O-15, which amends Evanston City Code to decrease the number of authorized Class D liquor licenses from fifty-one (51) to fifty (50) due to the closing of Mt. Prospect Venture, Inc., d/b/a Giordano’s Restaurant (“Company”), 1527 Chicago Avenue. For Introduction Page 4; Rev. 4/10/2015 11:48:49 AM 26 of 722 (A13) Ordinance 41-O-15, Amending City Code Section 3-4-6 By Creating the New Class F-1 Liquor License Local Liquor Commissioner provides a neutral recommendation to City Council regarding the adoption of Ordinance 41-O-15. Ordinance 41-O-15 allows grocery stores to sell alcohol for offsite consumption and sell beer and wine for onsite consumption. This Ordinance provides the same requirements as grocery stores holding the Class F liquor license, while adding provisions related to onsite consumption. For Introduction (A14) Ordinance 48-O-15, Increasing the Number of Class F-1 Liquor Licenses for Whole Foods Market Group, Inc., d/b/a Whole Foods Market, 2748 Green Bay Road Local Liquor Commissioner provides a neutral recommendation to City Council regarding the adoption of Ordinance 48-O-15, which amends Evanston City Code to increase the number of authorized Class F-1 liquor licenses from zero (0) to one (1), and permit issuance of a Class F license to Whole Foods Market Group, Inc., d/b/a Whole Foods Market (“Company”), 2748 Green Bay Road. This license will permit Company the retail sale of alcoholic liquor in grocery stores in original packages for offsite consumption and onsite consumption of beer and wine only to persons of at least twenty-one (21) years of age. For Introduction (A15) Ordinance 46-O-15, Amending City Code Section 3-4-6-(P-1) to Allow for Sale of Beer in Twenty-Two Ounce Containers for Off-Site Consumption Local Liquor Commissioner recommends City Council adoption of Ordinance 46- O-15, which will amend the City Code to allow for sale of beer in twenty-two (22) ounce containers for off-site consumption for the current Class P-1 liquor licenses. The Local Liquor Control Board finds that twenty-two (22) ounce containers are typical of the craft beer industry. For Introduction (A16) Ordinance 47-O-15, Amending City Code Section 3-4-6 By Creating the New Class P-3 Liquor License for Craft Wineries Local Liquor Commissioner recommends City Council adoption of Ordinance 47- O-15, which allows craft wineries to sell wine for both on-site and off-site consumption. This Ordinance imposes requirements onto craft wineries in a similar and consistent manner as those requirements onto craft breweries. For Introduction Page 5; Rev. 4/10/2015 11:48:49 AM 27 of 722 (A17) Ordinance 49-O-15, Am ending City Code Section 3-4-6-(Z-3) and 3-4-6-(Z-4) to Remove the Evanston Arts Center and Add the Gibbs-Morrison Cultural Center as Authorized City-Owned Buildings for Special One-Day Liquor Licenses Staff recommends City Council adoption of Ordinance 49-O-15, which adds the Gibbs-Morrison Cultural Center, 1823 Church Street, and removes the Evanston Arts Center, 2603 Sheridan Road, as authorized City-owned buildings in connection with special one-day liquor licenses, Class Z-3 and Class Z-4 liquor licenses. For Introduction (A18) Ordinance 38-O-15, Amending City Code Section 7-2-6(D), “Sidewalk Cafes,” Allowing the Sale of Wine at Wine Shop/Enoteca Sidewalk Cafes Staff recommends City Council consideration of Ordinance 38-O-15 which amends the City Code to permit sidewalk cafes at business establishments that operate a wine shop, also known as an enoteca. The current sidewalk café ordinance only allows Type I and Type II restaurants to apply for a sidewalk café permit. For Introduction IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT Page 6; Rev. 4/10/2015 11:48:49 AM 28 of 722 Administration and Public Works Committee Meeting Minutes of March 23, 2015 Council Chambers – 6:00 p.m. Lorraine H. Morton Civic Center MEMBERS PRESENT: D. Holmes, C. Burrus, P. Braithwaite, A. Rainey, J. Grover STAFF PRESENT: M. Lyons, G. Farrar, W. Bobkiewicz, J. Williams-Kinsel, L. Jeschke, J. Maiworm, E. Thomas-Smith, R. Eddington, R. Voss, S. Levine, L. Perez, S. Nagar, J. Nyden, L. Biggs, E. Storlie, P. Zalmezak, P. D’Agostino, B. Scott, J. McRae. T. Janetske STAFF ABSENT: M. Muenzer, M. Sumar, A. King, A. Thorpe, Y. Capriccioso 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 March 9, 2015 Ald. Holmes moved to approve the minutes of the March 9, 2015 A&PW meeting as submitted, seconded by Ald. Rainey. The Minutes of the March 9, 2015 meeting were approved unanimously 5-0. III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through March 8, 2015 $2,608,653.60 For Action Ald. Holmes moved to approve the City of Evanston Payroll (A1) through March 8, 2015, seconded by Ald. Grover. The Committee voted unanimously to approve the payroll through March 8, 2015. (A2) FY 2015 City of Evanston Bills – March 24, 2015 $3,430,137.21 For Action Ald. Burrus moved to approve the City of Evanston Bills for fiscal year 2015 through March 24, 2015, seconded by Ald. Grover. The Committee voted unanimously to approve the City of Evanston bills through March 24, 2015. (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 DRAFT – NOT APPROVED 29 of 722 Administration and Public Works Committee Meeting Minutes of 3-23-15 Page 2 of 8 year. Funding will be split between two fiscal years, 2015 ($50,000) and 2016 ($10,000). For Action Ald. Braithwaite moved to recommend 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, seconded by Ald. Holmes. The Committee voted unanimously 5-0 to authorize the purchase. (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 Ald. Rainey moved to recommend City Council approve the 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), seconded by Ald. Grover. The Committee voted unanimously 5-0 to approve the purchase. (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 Ald. Grover moved recommend City Council approve 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, seconded by Ald. Rainey. The Committee voted unanimously 5-0 to approve the purchases. 30 of 722 Administration and Public Works Committee Meeting Minutes of 3-23-15 Page 3 of 8 (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 Ald. Holmes moved to recommend City Council authorize the City Manager to execute the final, one-year contract extension with Ozinga Ready mix Concrete, Inc. (222 South Lumber Street, Chicago, IL) for the purchase of concrete at a total cost of $65,200, seconded by Ald. Grover. The Committee voted unanimously 5-0 to approve the purchase. (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 Ald. Burrus moved to recommend 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, seconded by Ald. Grover. The Committee voted unanimously 5-0 to approve the contract. (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 Ald. Braithwaite moved to recommend City Council authorize the City Manager to execute Change Order No. 1 for the 2015 CIPP Sewer 31 of 722 Administration and Public Works Committee Meeting Minutes of 3-23-15 Page 4 of 8 Rehabilitation Contract with Kenny Construction Company (2215 Sanders Road, Suite 400, Northbrook, IL) in the amount of $80,770, seconded by Ald. Grover. The Committee voted unanimously 5-0 to approve the change order. (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 Ald. Rainey moved to recommend City Council approve the 2015 calendar of special events, contingent upon compliance of all requirements as set forth by the Special Event Policy & Guidelines, seconded by Ald. Grover. The Committee voted unanimously 5-0 to approve the special events calendar. (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 Ald. Grover moved to recommend City Council adopt 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, seconded by Ald. Rainey. The Committee voted unanimously 5-0 to approve the agreement. (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 Ald. Holmes moved to recommend City Council adopt Resolution 31-R-15 declaring and distributing a surplus of $905,308 from the Southwest (TIF) District at the end of the Fiscal Year 2014, seconded by Ald. Grover. The Committee voted unanimously 5-0 to adopt the resolution. (A8) Resolution 33-R-15, Authorizing the City Manager to Execute the Lincoln Street Resurfacing Project Agreement with Northwestern University 32 of 722 Administration and Public Works Committee Meeting Minutes of 3-23-15 Page 5 of 8 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 Ald. Holmes moved to recommend City Council adopt Resolution 33-R-15, authorizing the City Manager to execute the Lincoln Street Resurfacing Project Agreement with Northwestern University, seconded by Ald. Braithwaite. The Committee voted 4-1, with Ald. Burrus abstaining, to approve the agreement. (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 Ald. Braithwaite moved to recommend City Council adopt Ordinance 24-O- 15, which would establish a tax on cannabis sales from a cultivation center to a dispensary, seconded by Ald. Grover. At Ald. Grover’s inquiry, Senior Economic Development Coordinator Paul Zalmezak explained that there is a 7% state tax but no local tax cap on sales per ounce of cannabis. Ald. Braithwaite asked Corporation Counsel if 2% of the 6% of the local tax collected can be directed toward workforce development. Corporation Counsel Farrar stated that he will study this issue and come back to the committee with a recommendation. City Manager Bobkiewicz recommended moving forward with the introduction of the tax and making adjustments and allocations later. The Committee voted unanimously 5-0 to adopt the ordinance. (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 33 of 722 Administration and Public Works Committee Meeting Minutes of 3-23-15 Page 6 of 8 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 Ald. Rainey moved to recommend City Council adopt Ordinance 29-O-15, “Authorizing the City Manager to Negotiate the Sale of City-Owned Real Property Located at 1821 Ridge Avenue, Evanston, Illinois” seconded by Ald. Burrus. The Committee voted unanimously 5-0 to adopt the ordinance. (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 Ald. Grover moved to recommend City Council adopt 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, seconded by Ald. Rainey. The Committee voted unanimously 5-0 to adopt the ordinance. (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 Ald. Holmes moved to recommend that the report concerning firearm regulations in multi-family residences in the City of Evanston be placed on file. PUBLIC COMMENT Ralph Zarumba, Denyse Stoneback and Lauren Barski encouraged the committee to expand the minimum distance to 500 feet. Ms. Stoneback recommended integrating restrictions imposed in City of Chicago cases into the 34 of 722 Administration and Public Works Committee Meeting Minutes of 3-23-15 Page 7 of 8 Evanston ordinance. She asked that this item be referred back to staff and held in committee. Patti Vick stated that there is a lot of concern expressed by parents on the District 65 Facebook page. She felt this was a public health issue that involved the safety of parents and children. At Ald. Rainey’s inquiry, Corporation Counsel Farrar explained that it is illegal for residential property owners to prohibit guns on their property. The Committee voted unanimously 5-0 to place the report 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 Ald. Burrus moved to recommend City Council adopt Ordinance 6-O-15 to amend firearm regulations consistent with state and federal law, seconded by Ald. Braithwaite. At Ald. Grover’s inquiry, Corporation Counsel Farrar explained that the City needs to act in conformity to state statutes due to numerous inquiries over the past 18 months. He also noted that building regulations and zoning code provisions of the special use standards would deal with construction requirements related to the structure of a firearm range, the exhaust system and noise restrictions. Ald. Rainey requested more information regarding identifying base requirements for a firearms range to open in Evanston. She felt strongly that the building code must address this immediately. Corporation Counsel explained that the City is not conferring a right for anyone to apply for a range. There are more than 20 ranges in Chicago, so Evanston may not be an ideal place to establish one. Chicago has a lot more land to meet the 500 foot requirement. Ald. Rainey moved to amend the distance to 350 feet, seconded by Ald. Braithwaite. This item is off the consent agenda. The Committee voted unanimously 5-0 to amend the ordinance. 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 Senior Project Manager Stefanie Levine provided an overview of the project 35 of 722 Administration and Public Works Committee Meeting Minutes of 3-23-15 Page 8 of 8 purpose, which included deteriorated equipment and furnishings. She outlined the public engagement summary beginning in May of 2014 and ending with a public meeting on February 4, 2015 where a consensus was reached with residents. The project will go out to bid in the late spring of 2015 with improvements to begin in late summer/fall of 2015. Ald. Wynne thanked Director McRae with a special thanks to Ms. Levine for her very calm leadership during this project. There were a lot of strong opinions by residents about the plans. V. COMMUNICATIONS VI. ADJOURNMENT Ald. Burrus moved to adjourn, seconded by Ald. Holmes The meeting was adjourned at 7:04pm. Respectfully submitted, Janella Hardin, PHR 36 of 722 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: April 08, 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 – March 09, 2015 through March 22, 2015 $2,619,595.20 (Payroll includes employer portion of IMRF, FICA, and Medicare) Bills List – April 14, 2015 $4,519,484.79 General Fund Amount – Bills list $ 553,938.63 General Fund Amount – Supplemental list $ 391.50 General Fund Total: $ 554,330.13 TOTAL AMOUNT OF BILLS LIST & PAYROLL $7,139,079.99 *Advanced checks are issued prior to submission of the Bills List to the City Council for emergency purposes, to avoid penalty, or to take advantage of early payment discounts. Credit Card Activity – Period Ending February 28, 2015 $ 115,676.51 Attachments: Bills List, February Credit Card Transactions For City Council meeting of April 13, 2015 Item A1/A2 Business of the City by Motion: City Payroll and Bills For Action Memorandum 37 of 722 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.14.2015 100 GENERAL FUND 100 GENERAL SUPPORT 10260 CITY OF EVANSTON PETTY CASH PETTY CASH 801.68 21639 EYE MED VISION CARE MONTHLY INVOICE 3,168.56 21639 EYE MED VISION CARE MONTHLY INVOICE MAR 2015 3,073.78 21640 METLIFE SMALL BUSINESS CENTER DENTAL INSURANCE PREMIUM - APRIL 2015 20,739.99 21640 METLIFE SMALL BUSINESS CENTER DENTAL INSURANCE PREMIUM - MARCH 2015 19,869.63 21640 GUARDIAN DENTAL INSURANCE PREMIUM - APRIL 2015 15,454.67 21640 GUARDIAN DENTAL INSURANCE PREMIUM - MARCH 2015 15,334.21 21650 NATIONAL GUARDIAN LIFE INSURANCE CO.MONTHLY INVOICE APR 2015 339.39 21650 NATIONAL GUARDIAN LIFE INSURANCE CO.MONTHLY INVOICE MAR 2015 339.39 21680 RTA TRANSIT BENEFIT FARE PROGRAM *RTA TRANSIT BENEFIT PROGRAM 1,884.50 22700 JONES, JACQUELINE OVERPAYMENT OF WATER ACCOUNT 4462170-03 84.20 22700 BAKER, NOELLE OVERPAYMENT OF WATER ACCOUNT 6650420-08 64.21 22730 BANK OF AMERICA *PURCHASING CARD-FEB 2015 115,676.51 41335 ILLINOIS DEPARTMENT OF REVENUE *SALES TAX FEBRUARY 3.00 100 GENERAL SUPPORT Total 196,833.72 1300 CITY COUNCIL 62210 ALLEGRA PRINT & IMAGING BUSINESS CARDS 55.00 1300 CITY COUNCIL Total 55.00 1505 CITY MANAGER 62295 HILTON GARDEN INN ACCOMMODATIONS FOR INTERWOVE AFFAIRS CONSULTANT 153.23 62295 WALTER BOBKIEWICZ REIMBURSEMENT-NW MUNICIPAL CONFERENCE 78.40 62295 WALTER BOBKIEWICZ REIMBURSEMENT-PIT CONFERENCE 658.77 64540 AT & T MOBILITY *COMMUNICATION CHARGES 163.61 65095 OFFICE DEPOT OFFICE SUPPLIES 29.06 1505 CITY MANAGER Total 1,083.07 1510 PUBLIC INFORMATION 62490 GLBT COMMITTEE *CONTRIBUTION TO PECKISH PIG & TEMPERANCE BEER CO 500.00 1510 PUBLIC INFORMATION 500.00 1580 COMMUNITY ARTS 66040 RENOVO STRING ORCHESTRA CULTURAL FUND 800.00 1580 COMMUNITY ARTS Total 800.00 1705 LEGAL ADMINISTRATION 62509 JEFFREY D. GREENSPAN HEARING OFFICER 930.00 62509 LAW OFFICE OF MITCHELL C. EX HEARING OFFICER 1,365.00 62509 SUSAN D BRUNNER HEARING OFFICER 2,660.00 62345 FEDERAL EXPRESS CORP.SHIPPING CHARGES 122.65 65010 WEST GROUP PAYMENT CTR LEGAL SUBSCRIPTIONS 112.59 65010 LAW BULLETIN PUBLISHING COMPANY LEGAL SUBSCRIPTIONS 354.00 65095 OFFICE DEPOT OFFICE SUPPLIES 162.52 1705 LEGAL ADMINISTRATION Total 5,706.76 1905 ADM.SERVICES- GENERAL SUPPORT 62185 SMART RESOURCES, INC TEMPORARY ADMINISTRATIVE SECRETARY - 3/9/15-3/15/15 1,155.20 62185 SMART RESOURCES, INC TEMPORARY ADMINISTRATIVE SECRETARY - 3/16/15-3/22/15 1,285.16 1905 ADM.SERVICES- GENERAL SUPPORT Total 2,440.36 1910 FINANCE DIVISION - REVENUE 52010 SMITH, CHARLES WHEEL TAX OVERPAYMENT 75.00 61055 ADVANCED RESOURCES FEE FOR TEMPORARY WORKER 2,214.40 65095 OFFICE DEPOT OFFICE SUPPLIES 18.30 1910 FINANCE DIVISION - REVENUE Total 2,307.70 1920 FINANCE DIVISION - ACCOUNTING 62185 ACCOUNTEMPS ACCOUNTING SERVICE 4,062.00 62185 ACCOUNTEMPS COLLECTIONS CORD 3,321.00 62280 FEDERAL EXPRESS CORP.SHIPPING 24.46 62360 COOK COUNTY TOWNSHIP ASSESSORS' ASSOC ANNUAL MEMBERSHIP DUES 400.00 64545 FEYERHERD, PETE ASSESSOR INFORMATION MANAGER ANNUAL MAINTENANCE 550.00 1920 FINANCE DIVISION - ACCOUNTING Total 8,357.46 1925 FINANCE DIVISION - PURCHASING 62185 GOV TEMPS USA, LLC BUSINESS COMPLIANCE OFFICER -WK. ENDING 2/22/15 1,102.50 62185 GOV TEMPS USA, LLC BUSINESS COMPLIANCE OFFICER -WK. ENDING 3/1/15 1,568.00 65095 OFFICE DEPOT OFFICE SUPPLIES 5.99 65095 OFFICE DEPOT OFFICE SUPPLIES 53.54 1925 FINANCE DIVISION - PURCHASING Total 2,730.03 1929 HUMAN RESOURCE DIVISION 62160 LASER ASSOC., STEPHEN A.PRE EMPLOYMENT TESTING POLICE 1,900.00 62160 TRANS UNION CORP BACKGROUND CHECKS 323.10 62160 THEODORE POLYGRAPH SERVICE, INC.POLICE RECRUITMENT POLYGRAPHS 150.00 62270 NORTH SHORE ENH OMEGA OMEGA DRUG SCREEN 320.00 62270 NORTH SHORE ENH OMEGA OMEGA FITNESS FOR DUTY NON-WORK RELATED 58.00 138 of 722 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.14.2015 62270 NORTH SHORE ENH OMEGA OMEGA PREPLACEMENT EVALUATION 1,436.00 62270 NORTH SHORE ENH OMEGA OMEGA PREPLACEMENT- MANUAL LABOR 607.00 62270 NORTH SHORE ENH OMEGA OMEGA PULMONARY SURVEILLANCE 707.00 62270 NORTH SHORE ENH OMEGA OMEGA PULMONARY SURVEILLANCE EXAM 404.00 62270 NORTH SHORE ENH OMEGA PREPLACEMENT EVALUATION 597.00 62274 I/O SOLUTIONS, INC CONSULTING - SCHEDULE MGMT.325.00 62274 I/O SOLUTIONS, INC WRITTEN EXAM ADMINISTRATION 1,980.00 62310 INTERNATIONAL CITY/COUNTY MGMT ASSOC.TRAINING WORKSHOPS 6,235.00 62509 EAP CONSULTANTS, INC.EAP MONTHLY INVOICE - JANUARY 2015 939.60 62509 ROBBINS SCHWARTZ NICHOLAS LIFTON & TAYLOR LEGAL FEES FLSA ANALYSIS 1,556.25 65095 OFFICE DEPOT FY 2015 OFFICE SUPPLIES 254.30 1929 HUMAN RESOURCE DIVISION Total 17,792.25 1932 INFORMATION TECHNOLOGY DIVI. 62175 IRON MOUNTAIN OSDP OFFSITE DATA PROTECTION 594.24 62250 SMS SYSTEMS MAINTENANCE SERVICES, INC.COMPUTER HARDWARE 485.80 62340 AT & T COMMUNICATION CHARGES 392.77 62340 AVG TECHNOLOGIES USA, INC.AVG ANTI-VIRUS YEARLY LICENSE RENEWAL 2,583.76 62380 CHICAGO OFFICE TECHNOLOGY GROUP COPIER CHARGES 6,155.10 64505 CALL ONE COMMUNICATION CHARGES 6,620.72 65095 OFFICE DEPOT OFFICE SUPPLIES-TONER 2,654.02 65615 COMCAST CABLE COMMUNICATION CHARGES 3,871.25 65615 COMMUNICATION REVOLVING FUND COMMUNICATION CHARGES 583.33 1932 INFORMATION TECHNOLOGY DIVI. Total 23,940.99 1941 PARKING ENFORCEMENT & TICKETS 52505 CODER, CHRISTOPHER CITATION OVERPAYMENT 30.00 64005 COMED UTILITIES 91.68 64540 NEXTEL *COMMUNICATION CHARGES 411.73 65095 OFFICE DEPOT OFFICE SUPPLIES 15.65 1941 PARKING ENFORCEMENT & TICKETS Total 549.06 2120 HOUSING REHABILITATION 62345 CHICAGO TITLE INSURANCE TITLE SERVICES 60.00 62345 COOK COUNTY RECORDER OF DEEDS RECORDINGS 80.00 2120 HOUSING REHABILITATION Total 140.00 2126 BUILDING INSPECTION SERVICES 62190 CLEAN CITY INNOVATIONS, LLC GRAFFITI REMOVER 210.00 65020 EVANSTON IMPRINTABLES, INC UNIFORMS 776.55 2126 BUILDING INSPECTION SERVICES Total 986.55 2128 EMERGENCY SOLUTIONS GRANT 67110 CONNECTIONS FOR THE HOMELESS 2013 ESG GRANT 730.63 67110 CONNECTIONS FOR THE HOMELESS 2014 ESG GRANT 13,201.21 2128 EMERGENCY SOLUTIONS GRANT Total 13,931.84 2205 POLICE ADMINISTRATION 62360 NORTHERN ILLINOIS POLICE ALARM SYSTEM LANGUAGE LINE 59.40 62360 OFFICETEAM TEMPORARY EMPLOYEE 2,482.00 62360 WILD CROW COMMUNICATION, INC DEPLOYMENT MEETING POSTS 300.00 62360 CENTER OF POLICE PSYCHOLOGICAL SERVICES FITNESS FOR DUTY EVALUATION 950.00 62375 IDENTISYS ID PRINTER MAINTENANCE AGREEMENT 1,606.00 64005 COMED UTILITIES-FEBRUARY 2015 106.95 65085 A-MIDWEST BOARD-UP INC.BOARD-UP SERVICE 413.00 65125 LAW ENFORCEMENT TARGETS INC.TARGETS 490.56 68205 NATIONAL AWARD SERVICES RETIREMENT PLAQUE 45.00 2205 POLICE ADMINISTRATION Total 6,452.91 2210 PATROL OPERATIONS 61635 PRO-TECH SALES GAS MASK FILTERS 8,415.00 65020 VCG UNIFORM UNIFORMS 269.70 65085 KIESLER POLICE SUPPLY, INC.SPARTAN SHIELDS 7,450.00 65125 BEST TECHNOLOGY SYSTEMS, INC.RANGE CLEANING 6,215.00 2210 PATROL OPERATIONS Total 22,349.70 2215 CRIMINAL INVESTIGATION 62360 CELLEBRITE USA, INC.2015 MEMBERSHIP 3,098.99 2215 CRIMINAL INVESTIGATION Total 3,098.99 2240 POLICE RECORDS 65095 MSF GRAPHICS, INC.ENVELOPES 134.60 65095 OFFICE DEPOT OFFICE SUPPLIES-3 HOLE PUNCH/ACCORDION FILE 82.06 65095 OFFICE DEPOT OFFICE SUPPLIES-CORRECTOR TAPE RETURN -19.96 65095 OFFICE DEPOT OFFICE SUPPLIES-DIVIDER TABS 82.60 65095 OFFICE DEPOT OFFICE SUPPLIES-EYE SALINE 25.78 65095 OFFICE DEPOT OFFICE SUPPLIES-FIRST AID KIT 160.94 65095 OFFICE DEPOT OFFICE SUPPLIES-HAND SOAP 19.98 65095 OFFICE DEPOT OFFICE SUPPLIES-LABEL TAPE 18.99 65095 OFFICE DEPOT OFFICE SUPPLIES-POST IT NOTES/FOLDERS 59.41 65095 OFFICE DEPOT OFFICE SUPPLIES-RIBBON 24.18 239 of 722 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.14.2015 65095 OFFICE DEPOT OFFICE SUPPLIES-STAPLER 12.06 65095 OFFICE DEPOT OFFICE SUPPLIES-STAPLER/WHEEL WRITER TAPE 32.20 65095 OFFICE DEPOT OFFICE SUPPLIES-TYPE WRITER RIBBON 24.18 65095 OFFICE DEPOT OFFICE SUPPLIES-WALL CLOCK 42.56 65095 WEST GROUP PAYMENT CTR MANUALS 541.88 2240 POLICE RECORDS Total 1,241.46 2250 SERVICE DESK 62425 COLLEY ELEVATOR CO.ELEVATOR INSPECTION SERVICES 181.00 65040 LAPORT INC JANITORIAL SUPPLIES 1,157.45 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 370.32 65070 HENRICHSEN FIRE EQUIPMENT COMPANY FIRE EXTINGUISHER CERTIFICATION 174.75 65125 ILLINOIS CORRECTIONAL INDUSTRIES LOCK-UP MATTRESS 715.00 2250 SERVICE DESK Total 2,598.52 2251 311 CENTER 64505 AT &T *311 SERVICE 400.05 2251 311 CENTER Total 400.05 2255 OFFICE-PROFESSIONAL STANDARDS 61055 NET TRANSCRIPTS, INC.TRANSCRIPTS 40.50 2255 OFFICE-PROFESSIONAL STANDARDS Total 40.50 2260 OFFICE OF ADMINISTRATION 62295 COLLEGE OF LAKE COUNTY TRAINING-EVIDENCE TECHNICIAN 1,890.00 62295 FRED PRYOR SEMINARS/CAREER TRACK TRAINING 199.00 62295 RODNEY GREENE *REIMBURSEMENT-CHAPLAIN TRAINING SEMINAR 186.02 2260 OFFICE OF ADMINISTRATION Total 2,275.02 2270 TRAFFIC BUREAU 65085 L3 COMMUNICATIONS MOBILE-VISION, INC.CABLES 113.90 65120 SETCOM CORP.WIRELESS HEADSETS-MOTORCYCLES 8,914.25 65125 JASON WILLIAMS TOW REFUND 185.00 2270 TRAFFIC BUREAU Total 9,213.15 2280 ANIMAL CONTROL 65125 MCCORMICK ANIMAL HOSPITAL VET MEDICATIONS 736.99 65125 BLUEPEARL ILLINOIS LLC VETERINARY SERVICES 2,038.51 65125 PETSMART KITTY LITTER 88.77 2280 ANIMAL CONTROL Total 2,864.27 2285 PROBLEM SOLVING TEAM 65020 J. G. UNIFORMS, INC UNIFORMS 125.00 2285 PROBLEM SOLVING TEAM Total 125.00 2305 FIRE MGT & SUPPORT 65010 PIONEER PRESS SUBSCRIPTION RENEWAL 35.75 65020 TODAY'S UNIFORMS INC.UNIFORMS 2,494.92 65050 HASTINGS AIR-ENERGY CONTROL EXHAUST REPAIR 824.95 65095 OFFICE DEPOT OFFICE SUPPLIES 427.48 65125 FDFRIENDLY.COM LLC MEMORIAL BUNTING 1,064.84 2305 FIRE MGT & SUPPORT Total 4,847.94 2315 FIRE SUPPRESSION 62295 MCHENRY COUNTY COLLEGE FIREFIGHTER TRAINING 375.00 62295 OFFICE OF THE STATE FIRE MARSHALL TRAINING TEST FEE 400.00 62360 SAM'S CLUB DIRECT *MEMBERSHIP-MICHAEL MCDONNELL 15.00 62360 SAM'S CLUB DIRECT *MEMBERSHIP-TIMOTHY MIGON 15.00 65040 SAM'S CLUB DIRECT *SUPPLIES-JANITORIAL 233.78 65090 J & L ENGRAVING SAFETY SUPPLIES 95.50 2315 FIRE SUPPRESSION Total 1,134.28 2435 FOOD AND ENVIRONMENTAL HEALTH 62469 ECO GREENERGY PROPERTIES, LLC IL. VACANT PROPERTY GRANT 8,414.00 62469 UNITED SERVICES BY PERMACO, INC.BOARD UP 1911 HARTREY 295.00 65020 EVANSTON IMPRINTABLES UNIFORMS 142.37 65020 EVANSTON IMPRINTABLES UNIFORMS 810.20 2435 FOOD AND ENVIRONMENTAL HEALTH Total 9,661.57 2440 VITAL RECORDS 65095 OFFICE DEPOT OFFICE SUPPLIES 182.68 2440 VITAL RECORDS Total 182.68 2605 DIRECTOR OF PUBLIC WORKS 62210 ALLEGRA PRINT & IMAGING IN THE WORKS NEWSLETTERS 6,219.00 62210 ALLEGRA PRINT & IMAGING IN THE WORKS NEWSLETTERS SPANISH 967.00 62210 ALLEGRA PRINT & IMAGING RECYCLING POSTERS AND LABELS 971.00 62210 ON TRACK FULFILLMENT INC.PUBLIC WORKS BROCHURE MAILING 325.00 65095 OFFICE DEPOT OFFICE SUPPLIES 110.86 2605 DIRECTOR OF PUBLIC WORKS Total 8,592.86 340 of 722 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.14.2015 2610 MUNICIPAL SERVICE CENTER 62440 RAYNOR DOOR COMPANY OVERHEAD DOOR MAINTENANCE SERVICE CENTER 123.01 65040 WAREHOUSE DIRECT INC.JANITORIAL SUPPLIES-SERVICE CENTER 855.50 65070 APWA CHICAGO METRO CHAPTER *ARRINGTON LAGOON PROJECT PLAQUE 80.00 65090 CINTAS FIRST AID & SUPPLY FIRST AID 96.77 2610 MUNICIPAL SERVICE CENTER Total 1,155.28 2625 ENGINEERING 62210 FEDEX KINKO'S - CAS SHIPPING 21.07 65095 OFFICE DEPOT OFFICE SUPPLIES 416.82 65105 MASTER GRAPHICS DRAFTING SUPPLIES 969.42 2625 ENGINEERING Total 1,407.31 2630 TRAFFIC ENGINEERING 65085 ARTS & LETTERS LTD.TEMP. NO PARKING ROW SIGNS 620.00 2630 TRAFFIC ENGINEERING Total 620.00 2640 TRAF. SIG. & ST. LIGHT. MAINT 64005 COMED UTILITIES 216.99 64006 COMED UTILITIES 33,423.12 64007 COMED UTILITIES 16,362.90 64008 COMED UTILITIES 1,764.89 64008 MC SQUARED ENERGY UTILITIES 66.85 65070 BROWN TRAFFIC PRODUCTS EMERGENCY VEHICLE DETECTORS 1,041.00 65070 BROWN TRAFFIC PRODUCTS STREET LIGHT POLES 5,450.00 2640 TRAF. SIG. & ST. LIGHT. MAINT Total 58,325.75 2650 PARKS AND FORESTRY ADMIN 64540 NEXTEL *COMMUNICATION CHARGES 296.90 65095 OFFICE DEPOT OFFICE SUPPLIES 65.58 2650 PARKS AND FORESTRY ADMIN Total 362.48 2655 PARKS & FORESTRY MAINT. & OPER. 62385 DAVID C JENNINGS REIMBURSEMENT- DEAD TREE REMOVAL 350.00 64540 NEXTEL *COMMUNICATION CHARGES 54.64 65070 RUSSO POWER EQUIPMENT BLOWER PARTS 141.92 65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 140.98 2655 PARKS & FORESTRY MAINT. & OPER. Total 687.54 2665 STREETS AND SANITATION ADMINIS 64540 NEXTEL *COMMUNICATION CHARGES 1,054.76 65095 OFFICE DEPOT OFFICE SUPPLIES 827.95 2665 STREETS AND SANITATION ADMINIS Total 1,882.71 2670 STREET AND ALLEY MAINTENANCE 62415 G & L CONTRACTORS, INC DEBRIS HAULING 3,500.00 62415 G & L CONTRACTORS, INC DEBRIS REMOVAL 2,400.00 65055 CITY WELDING SALES & SERVICE INC.PROPANE GAS FOR STREETS HOT BOX 557.50 65055 KLF TRUCKING SNOW HAULING EQUIPMENT RENTAL 14,687.50 2670 STREET AND ALLEY MAINTENANCE Total 21,145.00 2677 FACILITIES 62225 COMCAST CABLE COMMUNICATION CHARGES 9.58 62225 MARK VEND COMPANY ALDERMANIC LIBRARY VENDING SERVICE 241.49 62225 DUSTCATCHERS, INC.FLOOR MAT SERVICE 189.00 62245 LAFORCE INC CIVIC CENTER DELIVERY DOCK DOOR 5,617.00 64005 COMED UTILITIES 1,220.48 64015 NICOR UTILITIES 2,561.66 64540 NEXTEL *COMMUNICATION CHARGES 105.66 65040 WAREHOUSE DIRECT INC JANITORIAL SUPPLIES-CIVIC CENTER 137.34 65050 ANDERSON LOCK CO. LTD DOOR LOCK CIVIC CENTER 204.05 65050 A & J SEWER SERVICE PUMP SERVICES 915.00 65050 A & J SEWER SERVICE PUMPS AND PUMP ACCESSORIES MAI 305.00 65085 ANDERSON LOCK CO. LTD KEY STOCK 220.00 65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 247.51 2677 FACILITIES Total 11,973.77 2680 SNOW AND ICE CONTROL 62375 KLF TRUCKING SNOW HAULING EQUIPMENT RENTAL 45,000.00 62451 ALERT TOWING, INC.TOWING RETAINER FEE - THIRD PAYMENT 210.00 62451 EMERGENCY ROAD SERVICE, INC.TOWING RETAINER FEE - THIRD PAYMENT 210.00 62451 G & J TOWING C/O JOSE QUETELL, JR.TOWING RETAINER FEE - THIRD PAYMENT 210.00 62451 LOUIE'S TOWING C/O JOSE L. NEGRON TOWING RETAINER FEE - THIRD PAYMENT 210.00 62451 NORTH SHORE TOWING TOWING RETAINER FEE - THIRD PAYMENT 210.00 62451 WWF TOWING C/O JIMMY WILLIAMS TOWING RETAINER FEE - THIRD PAYMENT 210.00 62451 A1 DEPENDABLE ROADSIDE ASSISTANCE TOWING RETAINER FEE - THIRD PAYMENT 210.00 62451 EXPRESS TOWING AND RECOVERY TOWING RETAINER FEE - THIRD PAYMENT 210.00 62451 T & C TOWING SERVICE, INC.TOWING RETAINER FEE - THIRD PAYMENT 210.00 62451 VIC'S TOWING, INC.TOWING RETAINER FEE - THIRD PAYMENT 210.00 62451 FRANCISCO DE JESUS DBA PONCH TOWING TOWING RETAINER FEE - THIRD PAYMENT 210.00 62451 ULRIC RECOVERY, INC.TOWING RETAINER FEE - THIRD PAYMENT 210.00 441 of 722 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.14.2015 62451 FREEDOM TOWING, INC.TOWING RETAINER FEE - THIRD PAYMENT 420.00 62451 MONARCA TOWING SERVICE, INC.TOWING RETAINER FEE - THIRD PAYMENT 210.00 62451 T-BONE TOWING TOWING RETAINER FEE - THIRD PAYMENT 210.00 62451 ALPHA CARRIER EXPERTS, INC.TOWING RETAINER FEE - THIRD PAYMENT 630.00 62451 MOBILE TRANSPORT, LLC TOWING RETAINER FEE - THIRD PAYMENT 630.00 62451 FRANKSA TOWING TOWING RETAINER FEE - THIRD PAYMENT 210.00 2680 SNOW AND ICE CONTROL Total 49,830.00 3015 COMM & MARKETING SERV 62210 ALLEGRA PRINT & IMAGING ANNUAL REPORT 1,197.00 62210 QUARTET COPIES MSYEP FLYERS FOR STATE OF CITY 222.00 3015 COMM & MARKETING SERV Total 1,419.00 3025 PARK UTILITIES 64005 COMED UTILITIES 3,969.41 64005 MC SQUARED ENERGY UTILITIES 1,901.05 64015 NICOR UTILITIES 1,241.96 3025 PARK UTILITIES Total 7,112.42 3030 CROWN COMMUNITY CENTER 64005 MC SQUARED ENERGY UTILITIES 2,903.78 65025 SAM'S CLUB DIRECT *SUPPLIES-PRESCHOOL SNACK 253.31 65025 SAM'S CLUB DIRECT *SUPPLIES-SNACK 29.21 65110 SAM'S CLUB DIRECT *SUPPLIES-CLASSROOM SUPPLIES 94.41 65110 SAM'S CLUB DIRECT *SUPPLIES-PRESCHOOL BOOKS 209.21 65110 SAM'S CLUB DIRECT *SUPPLIES-RETURNED -29.48 65110 SAM'S CLUB DIRECT *SUPPLIES-SNACK/LUNCH 96.25 3030 CROWN COMMUNITY CENTER Total 3,556.69 3035 CHANDLER COMMUNITY CENTER 62505 CHESS WIZARDS, INC.2015 YOUTH CHESS PROGRAM INSTRUCTION 1,485.75 62507 CLASSIC BOWL FIELD TRIP 56.00 64005 MC SQUARED ENERGY UTILITIES 1,432.17 64540 NEXTEL *COMMUNICATION CHARGES 79.99 3035 CHANDLER COMMUNITY CENTER Total 3,053.91 3040 FLEETWOOD JOURDAIN COM CT 62225 STA-KLEEN INC.STOVE BAFFLES AT FLEETWOOD-JOURDAIN 41.00 64005 MC SQUARED ENERGY UTILITIES 2,576.87 65025 SAM'S CLUB DIRECT *SUPPLIES-WOMEN'S DAY 57.92 65110 COMCAST CABLE COMMUNICATION CHARGES 105.02 65110 CINTAS CORPORATION #769 WEEKLY MAT SERVICE 139.42 3040 FLEETWOOD JOURDAIN COM CT Total 2,920.23 3045 FLEETWOOD/JOURDAIN THEATR 62210 ON TRACK FULFILLMENT INC.PRINTED FJT SUMMERTIME SEASON CARD 145.00 62375 ROSS, MICHAEL SOUND SYSTEM FOR PLAY 725.00 62490 SJODIN, FRANK BUILDING MATERIALS SET FOR TATER TOT THEATRE 400.00 62490 SHANNON, ELDRIDGE PROP AND STAGE MANAGER - REHEARSALS AND PRODUCTION 150.00 62490 MORAN, MICHAEL DESIGN &OPERATE SOUND SYSTEM FORTATER TOT THEATRE 400.00 62490 JARED GOODING RESIDENT LIGHTING DESIGNER FOR FJT 100.00 62505 AGUIRRE, NICHOLIA DIRECTOR OF TATER TOT THEATRE WOMEN'S DAY 700.00 62505 HOFFMAN, ELIZABETH DESIGN, PURCHASE ALTER AND MAINTAIN COSTUMES FOR FJT 400.00 62505 DORSETT, DAVID JAZZ MUSICAL FOR FJCC WOMEN'S DAY LUNCH 150.00 65095 OFFICE DEPOT OFFICE SUPPLIES 153.81 3045 FLEETWOOD/JOURDAIN THEATR Total 3,323.81 3050 RECREATION OUTREACH PROGRAM 62490 FORTSON, ERJAN KARATE/MARTIAL ARTS INSTRUCTOR 377.10 3050 RECREATION OUTREACH PROGRAM Total 377.10 3055 LEVY CENTER SENIOR SERVICES 56045 ILLINOIS DEPT OF REVENUE *SALES TAX FEBRUARY 44.00 62245 DIRECT FITNESS SOLUTIONS NUSTEP MACHINE REPAIR 533.50 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 44.94 62505 COMPUTER TRAINING & SUPPORT SERVICES ONE ON ONE COMPUTER TRAINING 50.00 62505 MCNEALY, REBECCA PAYMENT FOR EVENING GLASS FUSION CLASS 160.00 62509 OFFICE OF THE STATE FIRE MARSHALL BOILER INSPECTION SERVICES 100.00 62695 BEST TAXI TAXI COUPON REIMBURSEMENT 5,802.00 62695 AMERICAN CHARGE SERVICE TAXI COUPON REIMBURSEMENT 276.00 62695 METRO CABS 1 LLC TAXI COUPON REIMBURSEMENT 168.00 64005 MC SQUARED ENERGY UTILITIES 3,955.35 65025 SAM'S CLUB DIRECT *SUPPLIES-CLASSROOM SUPPLIES 163.87 65050 SAM'S CLUB DIRECT *SUPPLIES-CLASSROOM SUPPLIES 43.92 65095 OFFICE DEPOT OFFICE SUPPLIES 157.07 65110 SAM'S CLUB DIRECT *SUPPLIES-CLASSROOM SUPPLIES 82.11 3055 LEVY CENTER SENIOR SERVICES Total 11,580.76 3080 BEACHES 64005 MC SQUARED ENERGY UTILITIES 99.30 64015 NICOR UTILITIES 221.03 542 of 722 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.14.2015 64540 NEXTEL *COMMUNICATION CHARGES 160.37 3080 BEACHES Total 480.70 3095 CROWN ICE RINK 62245 JORSON & CARLSON BLADE SHARPENING 35.49 62508 MATTHEW LEVI REFEREE FOR ADULT BROOMBALL 140.00 62508 KRISTOFER KNUTSON REFEREE FOR ADULT BROOMBALL 140.00 62508 LAPPING, RENEE SCOREKEEPER FOR ADULT BROOMBALL 60.00 64005 MC SQUARED ENERGY UTILITIES 8,711.33 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 597.56 65050 M.C. GLASS & MIRROR LLC INSTALL LAMINATED GLASS - STUDIO RINK 428.24 3095 CROWN ICE RINK Total 10,112.62 3100 SPORTS LEAGUES 65110 ANDERSON PEST CONTROL INITIAL SETUP FOR PEST CONTROL@JAMES PARK 180.00 3100 SPORTS LEAGUES Total 180.00 3130 SPECIAL RECREATION SAM'S CLUB DIRECT *SUPPLIES-CLASSROOM SUPPLIES 31.38 SAM'S CLUB DIRECT *SUPPLIES-JANITORIAL 55.99 3130 SPECIAL RECREATION Total 87.37 3215 YOUTH ENGAGEMENT DIVISION 62490 HOUSE OF RENTAL TABLES FOR MSYEP JOB FAIR 1,853.50 3215 YOUTH ENGAGEMENT DIVISION Total 1,853.50 3225 GIBBS-MORRISON CULTURAL CENTER 62210 ALLEGRA PRINT & IMAGING CENTER BANNER 298.00 62225 COMED UTILITIES 483.84 62225 EVANSTON GLASS & MIRROR GLASS 650.00 62225 SMITH MAINTENANCE COMPANY POST CONSTRUCTION CLEAN UP 3,450.00 3225 GIBBS-MORRISON CULTURAL CENTER Total 4,881.84 3605 ECOLOGY CENTER 56045 ILLINOIS DEPT OF REVENUE *SALES TAX FEBRUARY 41.00 64005 MC SQUARED ENERGY UTILITIES 463.27 3605 ECOLOGY CENTER Total 504.27 3610 ECO-QUEST DAY CAMP 62507 POSITIVE CONNECTIONS, INC.BUS FEE FOR SUMMER CAMP 198.00 3610 ECO-QUEST DAY CAMP Total 198.00 3710 NOYES CULTURAL ARTS CENTER 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 39.14 62518 ALARM DETECTION SYSTEMS, INC.ALARM SERVICE 95.28 64005 MC SQUARED ENERGY UTILITIES 1,501.27 3710 NOYES CULTURAL ARTS CENTER Total 1,635.69 3720 CULTURAL ARTS PROGRAMS 65095 OFFICE DEPOT OFFICE SUPPLIES 37.19 3720 CULTURAL ARTS PROGRAMS Total 37.19 100 GENERAL FUND Total 553,938.63 175 GENERAL ASSISTANCE FUND 175 GENERAL ASSISTANCE 21110 WALGREENS *GA PRESCRIPTION PROGRAM 45,611.99 175 GENERAL ASSISTANCE Total 45,611.99 175 GENERAL ASSISTANCE FUND Total 45,611.99 195 NEIGHBORHOOD STABILIZATION FUND 5006 PROGRAM DELIVERY 62490 AMERICAN MARKETING SERVICES, INC.WEBSITE DOMAIN RENEWAL 29.99 5006 PROGRAM DELIVERY Total 29.99 195 NEIGHBORHOOD STABILIZATION FUND Total 29.99 205 EMERGENCY TELEPHONE (E911) FUND 5150 EMERGENCY TELEPHONE SYSTM 64505 AT & T COMMUNICATION CHARGES 5,478.13 64505 AT & T COMMUNICATION CHARGES 85.32 5150 EMERGENCY TELEPHONE SYSTM Total 5,563.45 205 EMERGENCY TELEPHONE (E911) FUND Total 5,563.45 643 of 722 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.14.2015 210 SPECIAL SERVICE AREA (SSA) #4 FUND 5160 SPECIAL SERVICE AREA #4 62517 DONTOWN EVANSTON OPERATING FUNDS FOR SSA AGREEMENT 80,750.00 5160 SPECIAL SERVICE AREA #4 Total 80,750.00 210 SPECIAL SERVICE AREA (SSA) #4 FUND Total 80,750.00 215 CDBG FUND 5220 CDBG ADMINISTRATION 62205 EVANSTON ROUNDTABLE LLC CAPER PUBLIC MEETING AD 367.00 5220 CDBG ADMINISTRATION Total 367.00 215 CDBG FUND Total 367.00 225 ECONOMIC DEVELOPMENT FUND 5300 ECON. DEVELOPMENT FUND 62659 DOWNTOWN EVANSTON ECONOMIC DEVELOPMENT CONTRIBUTION 24,500.00 62662 ALLEGRA PRINT & IMAGING EVANSTON EDGE TABLE TENTS 380.00 65522 EVANSTON ROUNDTABLE LLC SHOP EVANSTON AD 302.00 5300 ECON. DEVELOPMENT FUND Total 25,182.00 225 ECONOMIC DEVELOPMENT FUND Total 25,182.00 240 HOME FUND 5430 HOME FUND 65535 CONNECTIONS FOR THE HOMELESS 2015 TBRA PROGRAM 21,681.13 5430 HOME FUND Total 21,681.13 240 HOME FUND Total 21,681.13 300 WASHINTON NATIONAL TIF FUND 5470 WASHINGTON NATIONAL TIF DS 62605 DOWNTOWN EVANSTON LANDSCAPING & MAINTENANCE SERVICE 1ST PAYMENT 24,667.50 5430 HOME FUND Total 24,667.50 300 WASHINTON NATIONAL TIF FUND Total 24,667.50 310 HOWARD-HARTREY TIF FUND 5500 HOWARD-HARTREY TIF DEBT SRVCE 62605 AUTOBARN MOTORS, LTD.AUTOBARN REHAB WORK 212,055.60 5500 HOWARD-HARTREY TIF DEBT SRVCE Total 212,055.60 310 HOWARD-HARTREY TIF Total 212,055.60 330 HOWARD-RIDGE TIF FUND 5860 HOWARD RIDGE TIF 64015 NICOR UTILITIES 1,476.84 5860 HOWARD RIDGE TIF Total 1,476.84 330 HOWARD-RIDGE TIF FUND Total 1,476.84 415 CAPITAL IMPROVEMENTS FUND 4150 CAPITAL PROJECTS 21120 A LAMP CONCRETE CONTRACTORS, INC.2013 STREET RESURFACING CIP III 71,426.29 21120 A LAMP CONCRETE CONTRACTORS, INC.2013 WATER MAIN REPLACEMENT & STREET RESURFACING PROJECT II 58,584.94 415555 62135 JOHN RONAN ARCHITECT LLC ARCHITECTURAL SERVICES PROJECT 1409 400.00 415414 62135 KETTELKAMP & KETTELKAMP LANDSCAPE ARCTH.SERVICES FOR THE EVANSTON PARK LAGOON 2,895.67 589105 62135 TESKA ASSOCIATES, INC.FOUNTAIN SQUARE VISIONING 7,450.00 415414 65502 CLAUSS BROTHERS, INC.ARRINGTON LAKEFRONT LAGOON CONSTRUCTION 69,222.90 415568 65510 CONSTRUCTION CONSULTING & DISBURSEMENT CHANDLER NEWBERG MINOR RENOVATIONS 12,366.37 415864 65515 CIORBA GROUP, INC.SAFE ROUTES-CONSTRUCTION ENGINEERING 2,061.42 415937 65515 MECHANISM EXCHANGE REPAIR, INC NEWSPAPER BOXES 39,024.03 65515 G.A. JOHNSON AND SON NOYES CULTURAL ARTS CENTER CHIMNEY & ROOF PROJECTS 194,144.00 65515 ALTUS WORKS, INC.NOYES CULTURAL ARTS CENTER CHIMNEY & ROOF PROJECTS 328.60 4150 CAPITAL PROJECTS Total 457,904.22 415 CAPITAL IMPROVEMENTS FUND Total 457,904.22 505 PARKING SYSTEM FUND 7005 PARKING SYSTEM MGT 53510 COOK COUNTY COLLECTOR *PARKING TAXES 110.16 64540 NEXTEL *COMMUNICATION CHARGES 166.75 7005 PARKING SYSTEM MGT Total 276.91 744 of 722 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.14.2015 7015 PARKING LOTS & METERS 62375 CTA/AB LOT 19 RENT 990.00 62375 CTA/AB LOT 19 RENT - FEB 2015 990.00 62375 GTC MAIN STREET, INC.PARKING LEASE LOT 15 6,802.63 64005 COMED UTILITIES 469.41 65070 TOTAL PARKING SOLUTIONS, INC.RECEIPT PAPER FOR PARKING TERMINALS 643.00 7015 PARKING LOTS & METERS Total 9,895.04 7025 CHURCH STREET GARAGE 53500 COOK COUNTY COLLECTOR *PARKING TAXES 1,116.68 62509 SIMPLEX GRINNELL EMERGENCY REPAIR TO ALARM PANEL 695.26 64005 MC SQUARED ENERGY UTILITIES 6,697.48 64505 CALL ONE COMMUNICATION CHARGES 1,028.53 7025 CHURCH STREET GARAGE Total 9,537.95 7036 SHERMAN GARAGE 53500 COOK COUNTY COLLECTOR *PARKING TAXES 1,966.70 62509 TYCO INTEGRATED SECURITY LLC QUARTERLY FIRE ALARM MONITORING 300.84 62509 SIMPLEX GRINNELL REPAIR TO SPRINKLER SYSTEM 829.00 64005 MC SQUARED ENERGY UTILITIES 18,645.43 64505 AT & T COMMUNICATION CHARGES 146.81 64505 CALL ONE COMMUNICATION CHARGES 1,812.83 7036 SHERMAN GARAGE Total 23,701.61 7037 MAPLE GARAGE 53500 COOK COUNTY COLLECTOR *PARKING TAXES 1,276.69 53510 COOK COUNTY COLLECTOR *PARKING TAXES 459.00 62509 TYCO INTEGRATED SECURITY LLC QUARTERLY FIRE ALARM MONITORING 165.00 64005 MC SQUARED ENERGY UTILITIES 13,984.05 64505 CALL ONE COMMUNICATION CHARGES 1,255.54 7037 MAPLE GARAGE Total 17,140.28 505 PARKING SYSTEM FUND Total 60,551.79 510 WATER FUND 7100 WATER GENERAL SUPPORT 10220 KEVIN G LOOKIS PETTY CASH REIMBURSEMENT 245.23 22700 JOE & KRIS HOLLEARN OVERPAYMENT OF WATER ACCOUNT 2270760-01 471.37 22700 K COURTRIGHT *OVERPAYMENT OF WATER ACCOUNT 01121190-00 544.00 22700 GALLIANI, MICHAEL OVERPAYMENT OF WATER ACCOUNT 3381520-03 12.00 22700 GREG & MEGHAN PEARSON OVERPAYMENT OF WATER ACCOUNT 3390140-03 67.67 22700 ESW MGMT-GLASSRATNER OVERPAYMENT OF WATER ACCOUNT 4433600-03 65.13 22700 SHARP, JOHN OVERPAYMENT OF WATER ACCOUNT 5512600-02 2,593.50 22700 SAFEGUARD PROPERTIES OVERPAYMENT OF WATER ACCOUNT 5540140-02 46.93 22700 GAMA, JOSE OVERPAYMENT OF WATER ACCOUNT 1172472-02 139.63 22700 HITT, GEORGE OVERPAYMENT OF WATER ACCOUNT 1180570-00 87.67 22700 SPARTECH PLASTIC 454000 SPARTECH, MAIL STOP #3OVERPAYMENT OF WATER ACCOUNT 2222600-00 1,658.94 22700 SCOTT, JOHNNIE OVERPAYMENT OF WATER ACCOUNT 2222660-00 107.39 22700 CIESLA & CIESLA, PC C/O DANIEL L NORD OVERPAYMENT OF WATER ACCOUNT 2222892-00 223.64 22700 HALLEY, KEITH OVERPAYMENT OF WATER ACCOUNT 2241923-00 50.45 22700 NORTH SHORE BUILDERS OVERPAYMENT OF WATER ACCOUNT 2290071-00 93.40 22700 KAITCHUK, KEVIN OVERPAYMENT OF WATER ACCOUNT 3382190-08 62.67 22700 GRANT, WILLIAM OVERPAYMENT OF WATER ACCOUNT 3390940-01 113.71 22700 DR GRIER DAVIS OVERPAYMENT OF WATER ACCOUNT 4451260-00 68.59 22700 JONES, JACQUELINE OVERPAYMENT OF WATER ACCOUNT 4462170-03 33.07 22700 H E SCHOESSOW OVERPAYMENT OF WATER ACCOUNT 4498280-00 74.51 22700 FAHNER, TYRONE OVERPAYMENT OF WATER ACCOUNT 5510400-00 317.64 22700 PROPER TITLE OVERPAYMENT OF WATER ACCOUNT 5582890-03 170.06 22700 VALENZUELA, HIGINIO OVERPAYMENT OF WATER ACCOUNT 5583060-03 137.77 22700 SULLIVAN, MATTHEW OVERPAYMENT OF WATER ACCOUNT 6621214-00 68.59 22700 CULLERTON, JEFFREY OVERPAYMENT OF WATER ACCOUNT 6692830-00 111.35 22700 JOESEPH, BABETTE OVERPAYMENT OF WATER ACCOUNT 10413550-00 166.78 22700 PARKVIEW REALTY OVERPAYMENT OF WATER ACCOUNT 2250360-06 98.57 22700 LUNDBERG, BERRY OVERPAYMENT OF WATER ACCOUNT 3340811-02 106.99 22700 KANTER, ARNOLD OVERPAYMENT OF WATER ACCOUNT 4423350-00 127.79 22700 GOUGH, RICHARD OVERPAYMENT OF WATER ACCOUNT 5530013-00 62.67 22700 ANDREA & JIM ORCUTT OVERPAYMENT OF WATER ACCOUNT 1160180-02 48.60 22700 LANE, BETSY OVERPAYMENT OF WATER ACCOUNT 1161870-02 31.84 22700 SIPPEL, RONALD OVERPAYMENT OF WATER ACCOUNT 10292490-05 1,188.05 22700 STEVE & PAM BRUNTON OVERPAYMENT OF WATER ACCOUNT 2210730-04 1,303.55 56140 ILLINOIS DEPT OF REVENUE *SALES TAX FEBRUARY 68.00 56145 NATIONAL POWER RODDING CORP.FIRE HYDRANT DEPOSIT REFUND 800.00 64505 BYTRONICS, INC., BASIN TECH CENTRE MONTHLY SUPPORT FOR DIG TRACK TICKETS 100.00 65010 SPECIALTY PREMIUM GROUP IMPRINTED ACRYLIC TUMBLERS 5,289.00 65095 OFFICE DEPOT OFFICE SUPPLIES 275.10 7100 WATER GENERAL SUPPORT Total 17,231.85 7105 PUMPING 64005 COMED UTILITIES 75.79 845 of 722 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.14.2015 64005 MC SQUARED ENERGY UTILITIES 68,396.41 64015 NICOR UTILITIES 253.82 64505 CALL ONE COMMUNICATION CHARGES 158.70 7105 PUMPING Total 68,884.72 7110 FILTRATION 65015 JCI JONES CHEMICALS, INC.LIQUID CHLORINE (BID 14-62)2,544.00 65015 U.S. ALUMINATE LIQUID ALUMINUM SULFATE (BID 14-62)29,200.62 7110 FILTRATION Total 31,744.62 7115 DISTRIBUTION 62210 ON TRACK FULFILLMENT INC.RPZ MAILING & POSTAGE 85.00 62275 ON TRACK FULFILLMENT INC.RPZ MAILING & POSTAGE 51.68 65055 MID AMERICAN WATER OF WAUCONDA INC.2015 DISTRIBUTION SYSTEM MATERIALS (#14-06)3,715.90 65055 G & M TRUCKING, INC.2015 GRANULAR MATERIALS (BID #15-07)5,104.80 7115 DISTRIBUTION Total 8,957.38 7120 WATER METER MAINTENANCE 64540 VERIZON WIRELESS COMMUNICATION CHARGES 114.03 65070 WATER RESOURCES WATER METER PURCHASE 16,792.78 7120 WATER METER MAINTENANCE Total 16,906.81 7125 OTHER OPERATIONS 62180 SUTHER, WILLIAM RESIDENT REIMBURSEMENT FOR RPZ INSP & CERT 97.50 62180 BURNS & MCDONNELL UPDATE OF WATER PLANT VALUATION FOR RCLD & OCLD 450.00 7125 OTHER OPERATIONS Total 547.50 7131 CAPITAL IMPROVEMENTS 415185 65515 CHRISTOPHER B. BURKE ENGINEERING, LTD.SHERIDAN RD/CHICAGO AVE PHASE I & II ENGINEERING SERVICES 25,978.82 7131 CAPITAL IMPROVEMENTS Total 25,978.82 510 WATER FUND Total 170,251.70 513 WATER DEPR IMPRV & EXTENSION FUND 7330 WATER FUND DEP, IMP, EXT 733122 65515 DAHME MECHANICAL INDUSTRIES, INC.CHLORINE FEED SYSTEM IMPROVEMENTS 16,264.40 7330 WATER FUND DEP, IMP, EXT Total 16,264.40 513 WATER DEPR IMPRV & EXTENSION FUND Total 16,264.40 515 SEWER FUND 7400 SEWER MAINTENANCE 62295 GORDAN S. CAMPBELL REIMBURSEMENT-PUMP CLEANER EXPO 125.00 62415 KLF TRUCKING 2015 DEBRIS HAULING 650.00 7400 SEWER MAINTENANCE Total 775.00 515 SEWER FUND Total 775.00 520 SOLID WASTE FUND 7685 REFUSE COLLECT & DISPOSAL 56155 ILLINOIS DEPT OF REVENUE *SALES TAX FEBRUARY 19.00 62415 LAKESHORE WASTE SERVICES, LLC FY2015 CONDOMINIUM REFUSE COLLECTION 102,666.67 65625 VERIZON WIRELESS COMMUNICATION CHARGES 126.36 7685 REFUSE COLLECT & DISPOSAL Total 102,812.03 7690 RESIDENTIAL RECYCLING COL 62415 GLENVIEW TRANSFER STATION REFUSE HAULING 111.50 64005 COMED UTILITIES 700.57 7690 RESIDENTIAL RECYCLING COL Total 812.07 520 SOLID WASTE FUND Total 103,624.10 600 FLEET SERVICES FUND 7705 GENERAL SUPPORT 64505 CALL ONE COMMUNICATION CHARGES 456.32 64540 NEXTEL *COMMUNICATION CHARGES 109.28 7705 GENERAL SUPPORT Total 565.60 7710 MAJOR MAINTENANCE 62275 UNITED PARCEL SERVICE SHIPPING 18.62 62355 CINTAS #22 WEEKLY UNIFORM SERVICE 300.86 62355 CINTAS CORPORATION #769 WEEKLY MAT SERVICE 387.10 62360 MUNICIPAL FLEET MGRS ASSC C/O JACK GRAY REGISTRATION-23RD GM PRESENTATION 100.00 65015 CONTINENTAL RESEARCH CORP.CHEMICALS 836.49 65035 CITY WELDING SALES & SERVICE INC.WELDING GAS 85.50 65035 PALATINE OIL COMPANY, INC 7001 GALLONS #2 DIESEL 16,464.25 65035 PALATINE OIL COMPANY, INC 8002 GALLONS 87 OCTANE 14,973.43 946 of 722 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.14.2015 65060 AETNA 3 FUEL/WATER SEPARATOR 296.30 65060 ALLTECH AUTO INC.BODY REPAIRS TO TRUCK#633 7,494.04 65060 ATLAS BOBCAT, INC.#639 & 640 FILTERS 517.95 65060 ATLAS BOBCAT, INC.#639 CONNECTOR 74.70 65060 ATLAS BOBCAT, INC.#639 REPAIR 139.33 65060 ATLAS BOBCAT, INC.#640 FUEL SYSTEM REPAIR 125.66 65060 AUTOMOTIVE RESOURCES INC.LIFT JACK SPRINGS 692.17 65060 BUCK BROTHERS, INC.#604 VALVE SPOOL 366.12 65060 CUMBERLAND SERVICENTER #718 DIFF PRESSURE SENSOR 126.60 65060 CUMBERLAND SERVICENTER #721 EGR VALVE 631.38 65060 CUMBERLAND SERVICENTER LH DOOR PANEL 561.36 65060 CUMBERLAND SERVICENTER SAFETY LANE COUPONS 1,710.00 65060 CUMBERLAND SERVICENTER SENSOR COOLANT 42.84 65060 CUMBERLAND SERVICENTER WW ADAPTER 51.56 65060 CUMBERLAND SERVICENTER WW NOZZLES 54.58 65060 DOUGLAS TRUCK PARTS 10 LIGHTS 230.20 65060 DOUGLAS TRUCK PARTS 36'FLOURESCENT ORG. MARKERS 56.50 65060 DOUGLAS TRUCK PARTS ALARM/ BACK UP WARNING 109.40 65060 GROVER WELDING COMPANY 12-7' SHAFTS 134.65 65060 GROVER WELDING COMPANY DUMPSTER #737 WELD REPAIR 214.78 65060 GROVER WELDING COMPANY PLOW #614 REPAIR 473.11 65060 GROVER WELDING COMPANY PLOW REPAIR 1,384.90 65060 GROVER WELDING COMPANY WELD REPAIR 1,518.04 65060 HAVEY COMMUNICATIONS INC.#37 UPLIFT 4,425.00 65060 HAVEY COMMUNICATIONS INC.#72 RETRO-FIT 510.00 65060 INTERSTATE BATTERY OF NORTHERN CHICAGO BATTERIES 350.96 65060 LEACH ENTERPRISES, INC.#584 BRAKE JOB 829.76 65060 LEACH ENTERPRISES, INC.55 GAL BARRELL WASHER SOLVENT 109.00 65060 LEACH ENTERPRISES, INC.BRAKE PARTS FOR TRUCK#613 1,840.78 65060 LEACH ENTERPRISES, INC.CLAMPS 20.74 65060 LEACH ENTERPRISES, INC.SLACK ADJUSTMENT 393.83 65060 MIDAS AUTO SERVICE EXPERTS #31 EXHAUST REPAIR 150.00 65060 MONROE TRUCK EQUIPMENT SNOW PLOW PARTS 443.99 65060 NORTH SHORE TOWING #449 TOW TO ILL TRUCK 262.50 65060 NORTH SHORE TOWING TOW TO FLEET GARAGE 175.00 65060 RUSSO POWER EQUIPMENT DIFFERENTIAL REPAIR #607 1,919.85 65060 STANDARD EQUIPMENT COMPANY 3 CAN-LEFT ACTUATORS,6,116.97 65060 STANDARD EQUIPMENT COMPANY ACTUATOR-LINEAR 910.28 65060 STANDARD EQUIPMENT COMPANY CABLE 1/2X30 WINCH 291.60 65060 STANDARD EQUIPMENT COMPANY CAN-LEFT ACTUATORS 2,083.69 65060 STANDARD EQUIPMENT COMPANY ELECTRIC VALVE 32.71 65060 STANDARD EQUIPMENT COMPANY ROD-NOZZLES-A 64.56 65060 STANDARD EQUIPMENT COMPANY STARTER 731.52 65060 STANDARD EQUIPMENT COMPANY STREET SWEEPER NOZZLES 41.77 65060 TERMINAL SUPPLY CO.H.D. CABLE TIES 141.79 65060 VERMEER MIDWEST #564 AIR CLEANER 176.43 65060 WEST SIDE EXCHANGE #550 BEARINGS 301.76 65060 WEST SIDE EXCHANGE AIR FILTER 67.16 65060 WEST SIDE EXCHANGE PIN 61.82 65060 WEST SIDE EXCHANGE RETURNED PARTS -237.46 65060 ICEMANN ARENA SERVICES ICE #426 RESURFACE BLADE & PARTS 1,338.10 65060 GLOBAL EMERGENCY PRODUCTS, INC.RADIATOR CAP 42.37 65060 GLOBAL EMERGENCY PRODUCTS, INC.RADIATOR FOR EFD#321 3,152.59 65060 FOSTER COACH SALES, INC.ELECTRIC DOOR SWITCH 34.17 65060 BILL'S AUTO & TRUCK REPAIR #449 NO START REPAIR 212.50 65060 CARQUEST EVANSTON AIR FILTER 321.92 65060 CARQUEST EVANSTON AIR FILTERS (FIRE)78.84 65060 CARQUEST EVANSTON DOT 3 BRAKE FLUID QUART 196.08 65060 CARQUEST EVANSTON FUEL FILTER 49.96 65060 CARQUEST EVANSTON NEW WATER PUMP 37.89 65060 CARQUEST EVANSTON OIL FILTERS 66.20 65060 CARQUEST EVANSTON RETURNED PART -17.21 65060 CARQUEST EVANSTON RUBBER CEMENT (TIRES)33.40 65060 CARQUEST EVANSTON STD MINIATURE LAMP 67.10 65060 CARQUEST EVANSTON TRANS FILTER 17.21 65060 CARQUEST EVANSTON TRANS OIL DRAIN PLUG 5.41 65060 CARQUEST EVANSTON TURN/TAIL LAMP 36.00 65060 GOLF MILL FORD #113 CONSOLE LATCH 32.72 65060 GOLF MILL FORD #25 WINDOW REGULATORS 74.93 65060 GOLF MILL FORD #40 SEAT RELEASE HANDS 27.29 65060 GOLF MILL FORD #637 TRANS PAN 75.53 65060 GOLF MILL FORD #637 TRANS PAN SCREWS 12.96 65060 GOLF MILL FORD 571 RUNNING BOARD 300.59 65060 GOLF MILL FORD CONSOLE CATCH #113 20.19 65060 GOLF MILL FORD OIL PLUG 34.80 65060 R.N.O.W., INC.HYD FILTERS 781.36 65060 SUBURBAN ACCENTS, INC.#37 & 301 GRAPHICS 517.50 65060 CHICAGO PARTS & SOUND, LLC AUTOMATIC TRANSMISSION 96.24 65060 CHICAGO PARTS & SOUND, LLC BRAKE PARTS 430.24 65060 CHICAGO PARTS & SOUND, LLC RETURNED PARTS -21.50 65060 CHICAGO PARTS & SOUND, LLC THERMOSTAT ASY 15.10 1047 of 722 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.14.2015 65060 ADVANCED PROCLEAN INC.POWER WASHER 1,305.05 65060 APC STORES, INC., DBA BUMPER TO BUMPER HYD, CAPS/PLUG 71.84 65060 APC STORES, INC., DBA BUMPER TO BUMPER MICRO- V BELTS 70.18 65060 APC STORES, INC., DBA BUMPER TO BUMPER MINI LAMP 13.40 65060 THE CHEVROLET EXCHANGE #44 OUTER DOOR HANDLE 59.94 65060 THE CHEVROLET EXCHANGE #44 P/S REAR DOOR HANDLE 27.35 65060 THE CHEVROLET EXCHANGE 2 WESTERN PLOW CYLINDERS 621.00 65060 THE CHEVROLET EXCHANGE SEAT RECLINE HANDLE 25.72 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC 4 AXLE NUTS #613 118.36 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC AIR INTAKE HOSE 22.34 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC ELBOW 24.45 65060 MILLER HYDRAULIC SERVICE, INC.ACTUATOR REPAIR 542.37 65060 MILLER HYDRAULIC SERVICE, INC.REBUILD ACTUATOR 744.80 65065 WENTWORTH TIRE SERVICE 16 NEW POLICE PURSUIT TIRES 1,726.08 65065 WENTWORTH TIRE SERVICE 4 NEW TIRES FOR LOADER 5,370.00 65065 WENTWORTH TIRE SERVICE 8 RECAPS 1,996.00 65065 WENTWORTH TIRE SERVICE RECAPS 139.50 65065 WENTWORTH TIRE SERVICE TIRE REPAIR 412.00 65070 OFFICE DEPOT OFFICE SUPPLIES 359.31 65085 HIGH PSI LTD.POWER WASHER HOSE 253.00 65085 HIGH PSI LTD.POWER WASHER UNIT REPAIRS 1,694.25 65085 KENNETH MARCH TOOL ALLOWANCE 800.00 65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 134.68 7710 MAJOR MAINTENANCE Total 96,990.53 600 FLEET SERVICES FUND Total 97,556.13 601 EQUIPMENT REPLACEMENT FUND 7780 VEHICLE REPLACEMENTS 65550 AUTOBARN MOTORS, LTD.*VEHICLE REPLACEMENT 15,779.00 7780 VEHICLE REPLACEMENTS Total 15,779.00 601 EQUIPMENT REPLACEMENT FUND Total 15,779.00 605 INSURANCE FUND 7801 EMPLOYEE BENEFITS 66050 HSA BANK, A DIVISION OF WEBSTER BANK N.A MONTHLY INVOICE MAR 2015 19.25 66054 SENIORS CHOICE MONTHLY INVOICE APR 2015 2,255.43 66054 SENIORS CHOICE MONTHLY INVOICE MAR 2015 2,255.43 66054 AXA EQUITABLE EQUI-VEST EQUI_VEST MONTHLY INVOICE 20.00 7801 EMPLOYEE BENEFITS Total 4,550.11 605 INSURANCE FUND Total 4,550.11 700 FIRE PENSION FUND 8000 FIREFIGHTERS' PENSION 61755 BURKE, BURNS, & PINELLI, LTD *LEGAL FEES 287.50 61755 DILLON, PATRICK J *REIMBURSEMENT-NCPERS 2,656.16 8000 FIREFIGHTERS' PENSION Total 2,943.66 700 FIRE PENSION FUND Total 2,943.66 Grand Total 1,901,524.24 1148 of 722 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.14.2015 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT SUPPLEMENTAL BILLS LIST ATTACHMENT GENERAL 100.21705 VARIOUS RECTRAC REFUNDS 391.50 391.50 INSURANCE VARIOUS VARIOUS WORKERS COMP 32,054.93 VARIOUS VARIOUS WORKERS COMP 29,062.54 VARIOUS IPBC HEALTH INSURANCE PREMIUM 1,073,518.21 1,134,635.68 SEWER 7560.68305 IEPA LOAN DISBURSEMENT SEWER FUND 140,310.49 7598.68305 IEPA LOAN DISBURSEMENT SEWER FUND 91,190.11 7545.68305 IEPA LOAN DISBURSEMENT SEWER FUND 271,499.04 7600.68305 IEPA LOAN DISBURSEMENT SEWER FUND 597,602.75 7617.68305 IEPA LOAN DISBURSEMENT SEWER FUND 360,420.70 1,461,023.09 VARIOUS VARIOUS TWIN EAGLE NATURAL GAS -FEBRUARY, 2015 21,910.28 21,910.28 2,617,960.55 Grand Total 4,519,484.79 PREPARED BY DATE APPROVED BY DATE 1249 of 722 Bank of America Credit Card Statement for the Period ending February 28, 2015REPORTS TO INTERMEDIATEMERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECTEXPENSE DESCRIPTION311 CENTERHUNAN SPRING $ 54.00 02/02/201564505 TELECOMMUNICATIONS CARRIER LINE CH311/SNOW STORM LUNCH311 CENTERPANINO'S PIZZERIA OR $ 66.75 02/04/201564505 TELECOMMUNICATIONS CARRIER LINE CH311/SNOW STORM LUNCH311 CENTERSNAPENGAGE CHAT $ 49.00 02/16/201564505 TELECOMMUNICATIONS CARRIER LINE CH311 MONTHLY LIVE CHAT FEE.311 CENTERWPY ONEREACH $ 125.00 02/23/201564505 TELECOMMUNICATIONS CARRIER LINE CH311 MONTHLY LIVE TEXT FEEADMN SVCS / ADMINGOVERNMENT FINANCE $ 540.00 02/13/2015 62295 TRAINING & TRAVELGFOA CONFERENCE REGISTRATION - MARTIN LYONSADMN SVCS / ADMINIL GOVMT FIN OFF ASSOC $ 500.00 02/19/2015 62360 MEMBERSHIP DUESIGFOA MEMBERSHIP - MARTIN LYONS, ASHLEY KING, ALEX THORPEADMN SVCS / ADMINEBS $ 55.00 02/19/2015 62295 TRAINING & TRAVELILCMA CONFERENCE REGISTRATION - MARTIN LYONSADMN SVCS / ADMINJIMMY JOHNS - 44 - MOT $ 21.16 02/20/2015 62295 TRAINING & TRAVELLUNCH MEETINGADMN SVCS / ADMINGOVERNMENT FINANCE $ 595.00 02/26/2015 62360 MEMBERSHIP DUESGFOA MEMBERSHIP DUESADMN SVCS / ADMINGOVERNMENT FINANCE $ 380.00 02/13/2015 62295 TRAINING & TRAVELPHILADELPHIA TRAINING FOR GFOA CONFERENCEADMN SVCS / ADMINGOVERNMENT FINANCE $ 1,100.00 02/17/2015 62295 TRAINING & TRAVELACCOUNTING GFOA SEMINAR DOWNTOWN CHICAGOADMN SVCS / FINANCETRIBUNE PUBLISHING COM $ 112.60 02/03/2015 65515 OTHER IMPROVEMENTSRFP 15-20 ADVERTISEMENT ENG SERVICES FOR REHABILITATION WATER UTILITY CLEARWELLS 1 & 2ADMN SVCS / FINANCETRIBUNE PUBLISHING COM $ 1,970.00 02/04/2015 65515 OTHER IMPROVEMENTSBID 15-13 ADVERTISEMENT 2015 WATER MAIN REPLACEMENT & ST. RESURFACING PROJECTADMN SVCS / FINANCETRIBUNE PUBLISHING COM $ 105.69 02/17/2015 62696 PUBLIC EDUCATIONRFP 15-22 ADVERTISEMENT RESIDENTIAL TOILET INSTALL PROGRAMADMN SVCS / FINANCETRIBUNE PUBLISHING COM $ 96.09 02/17/2015 62110 AUDITINGRFP 15-23 ADVERTISEMENT ACTUARIAL VALUATION SERVICES POLICE & FIREFIGHTERS PENSION FUNDS & GASB 45 OPEB VALUATIONADMN SVCS / FINANCETRIBUNE PUBLISHING COM $ 105.69 02/25/2015 65510 BUILDINGS (CAP PROJECTS) BID 15-11 ADVERTISEMENT 2015 ANIMAL SHELTER ROOF REPLACEMENTADMN SVCS / FINANCETRIBUNE PUBLISHING COM $ 108.09 02/25/2015 65515 OTHER IMPROVEMENTS BID 15-14 ADVERTISEMENT 2015 MFT RESURFACING OF VARIOUS STREETSADMN SVCS / FINANCETRIBUNE PUBLISHING COM $ 108.89 02/25/2015 62205 ADVERTISINGRFP 15-17 ADVERTISEMENT CONCESSION FOR THE EVANSTON LAKEFRONT & CHURCH ST. FOOD & DRINK STANDADMN SVCS / FINANCETRIBUNE PUBLISHING COM $ 108.09 02/25/2015 62205 ADVERTISINGRFP 15-19 ROBERT CROWN COMMUNITY CENTER & ICE RINK FOOD SERVICESADMN SVCS / FINANCECONSTRUCTION SAFETY CO $ 1,680.00 02/27/2015 41307 RESERVE LEP FINESATSSA FLAGGER TRAINING CLASS 02262015 LEP GROUPADMN SVCS /HUMAN RESAMERICAN PAYROLL ASSOC $ 219.00 02/13/2015 62360 MEMBERSHIP DUESANNUAL AMERICAN PAYROLL MEMBERSHIP DUES FOR PAT FORD.ADMN SVCS /HUMAN RESEINSTEIN BROS-ONLINE C $ 96.16 02/05/2015 62310 HR ONLY - CITY WIDE TRAINING Q1 2015 NEW EE ORIENTATIONADMN SVCS /HUMAN RESSAMSCLUB #6444 $ 43.25 02/06/2015 65125 OTHER COMMODITIESIMRF TRAINING REFRESHMENTSADMN SVCS /HUMAN RESFEDEXOFFICE 00036053 $ 157.70 02/26/2015 65095 OFFICE SUPPLIESLAMINATION OF SAFETY POSTERSADMN SVCS/INFO SYS- HELLOFAX $ 15.00 02/04/2015 62340 IS SUPPORT FEESPHONE NUMBER PORT FOR E-FAX SOLUTION FOR LEGALADMN SVCS/INFO SYSAMAZON MKTPLACE PMTS $ 402.75 02/06/2015 65555 PERSONAL COMPUTER EQ 2 UPS REPLACEMENT BATTERIESADMN SVCS/INFO SYSDNH GODADDY.COM $ 15.17 02/06/201562341 INTERNET SOLUTION PROVIDERSFJTHEATRE.COM DOMAIN PURCHASEADMN SVCS/INFO SYSDNH GODADDY.COM $ 9.17 02/06/201562341 INTERNET SOLUTION PROVIDERSILOVEEVANSTON.ORG DOMAIN PURCHASEFebruary 28, 2015Page 1 of 2450 of 722 Bank of America Credit Card Statement for the Period ending February 28, 2015ADMN SVCS/INFO SYS AMAZON.COM $ 12.95 02/09/2015 65555 PERSONAL COMPUTER EQ 1 WIRED KEYBOARDADMN SVCS/INFO SYS AMAZON.COM $ 116.55 02/09/2015 65555 PERSONAL COMPUTER EQ 9 WIRED KEYBOARDSADMN SVCS/INFO SYS DNH GODADDY.COM $ 62.91 02/13/201562341 INTERNET SOLUTION PROVIDERS DOMAIN PURCHASESADMN SVCS/INFO SYS BEST BUY 00003137 $ 349.99 02/16/201562665 CONTRIBUTIONS TO OTHER AGENCIES CMO LOGAN IPADADMN SVCS/INFO SYS - HELLOFAX $ 15.00 02/16/2015 62340 IS SUPPORT FEES PHONE NUMBER PORT FOR E-FAX SOLUTION FOR HEALTHADMN SVCS/INFO SYS AMAZON.COM $ 68.99 02/18/2015 65555 PERSONAL COMPUTER EQ CABLE MODEMADMN SVCS/INFO SYS ADOBE SYSTEMS, INC. $ 49.99 02/18/2015 62340 IS SUPPORT FEES MONTHLY CREATIVE CLOUDADMN SVCS/INFO SYS - HELLOFAX $ 14.98 02/23/2015 62340 IS SUPPORT FEES MONTHLY BILL FOR E-FAX SOLUTIONADMN SVCS/INFO SYS HEARTLAND SERVICES $ 92.32 02/27/2015 65555 PERSONAL COMPUTER EQ 3 REPLACEMENT ANTENNAS FOR POLICE TOUGHBOOKS.ADMN SVCS/PARKIING SVCS NATIONAL PARKING ASSOC $ 395.00 02/03/2015 62295 TRAINING & TRAVEL ANNUAL MEMBERSHIP DUES FORTHE NATIONAL PARKING ASSOCIATION.ADMN SVCS/PARKIING SVCS ANDERSON PEST SOLUTION $ 100.00 02/03/201565050 BUILDING MAINTENANCE MATERIAL PEST CONTROL FOR CHURCH STREET GARAGEADMN SVCS/PARKIING SVCS NORTH SHORE UNIFORM IN $ 152.91 02/09/2015 65020 CLOTHING COVERALLS FOR METER REPAIR STAFF.ADMN SVCS/PARKIING SVCS NORTH SHORE UNIFORM IN $ 159.50 02/09/2015 65020 CLOTHING UNIFORM SHIRTS FOR PARKING ENFORCEMENTADMN SVCS/PARKIING SVCS LEMOI ACE HARDWARE $ 31.93 02/13/201565050 BUILDING MAINTENANCE MATERIAL PARTS TO REPAIR A DRAIN AT THE CHURCH ST. GARAGE.ADMN SVCS/PARKIING SVCS PARKING TODAY $ 495.00 02/23/2015 62295 TRAINING & TRAVELPARKING CONFERENCE (A. THORPE)ADMN SVCS/PARKIING SVCSPARKING TODAY $ 495.00 02/23/2015 62295 TRAINING & TRAVELPARKING CONFERENCE (M. RIVERA)ADMN SVCS/PARKIING SVCSPARKING TODAY $ 495.00 02/23/2015 62295 TRAINING & TRAVELPARKING CONFERENCE (R. VOSS)CITY COUNCIL ADMINNATIONAL LEAGUE OF CIT $ 734.00 02/11/2015 62295 TRAINING & TRAVELREGISTRATION FOR 3RD WARD ALDERMAN FOR THE 2015 NATIONAL LEAGUE OF CITIES CONFERENCE MARCH 7-11, 2015, WASHINGTON, DCCITY COUNCIL ADMINCOMCAST CHICAGO $ 113.75 02/16/201564505 TELECOMMUNICATIONS CARRIER LINE CHHIGH SPEED INTERNET ONLY FOR 3RD WARD ALDERMAN'S HOME FOR FEBRUARY 2015CITY COUNCIL ADMINCOMCAST CHICAGO $ 138.08 02/19/201564505 TELECOMMUNICATIONS CARRIER LINE CHHIGH SPEED INTERNET ONLY FOR 5TH WARD ALDERMAN'S HOME FOR FEBRUARY 2015CITY COUNCIL ADMINCOMCAST CHICAGO CS 1X $ 259.75 02/26/201564505 TELECOMMUNICATIONS CARRIER LINE CHHIGH SPEED INTERNET ONLY FOR 3RD WARD ALDERMAN FOR MARCH THRU JULY 2015CITY COUNCIL ADMINCOMCAST CHICAGO CS 1X $ 255.80 02/26/201564505 TELECOMMUNICATIONS CARRIER LINE CHHIGH SPEED INTERNET ONLY FOR 5TH WARD ALDERMAN'S HOME FOR MARCH THRU JULY 2015CITY MGR'S OFFFACEBOOK S3MFJ7WDV2 $ 57.14 02/02/2015 62205 ADVERTISINGWEB ADVERTISINGCITY MGR'S OFFMEETEDGAR.COM MEETEDGA $ 49.00 02/02/201564545 (IS ONLY) PERSONAL COMP SOFTWAREWEB SOFTWARECITY MGR'S OFFWPCHRG.COM $ 13.00 02/02/201564545 (IS ONLY) PERSONAL COMP SOFTWAREWEB SOFTWARECITY MGR'S OFFWP ENGINE INC $ 104.00 02/04/2015 62340 IS SUPPORT FEESWEB HOSTINGCITY MGR'S OFFFS JOTFORM $ 9.95 02/06/201564545 (IS ONLY) PERSONAL COMP SOFTWAREONLINE FORMSCITY MGR'S OFFADOBE SYSTEMS, INC. $ 53.11 02/09/201564545 (IS ONLY) PERSONAL COMP SOFTWAREONLINE SOFTWARECITY MGR'S OFFZAPIER.COM $ 15.00 02/09/201564545 (IS ONLY) PERSONAL COMP SOFTWAREWEB SOFTWAREFebruary 28, 2015Page 2 of 2451 of 722 Bank of America Credit Card Statement for the Period ending February 28, 2015CITY MGR'S OFF GOOGLE GOOGLE STORAGE $ 1.99 02/12/201564545 (IS ONLY) PERSONAL COMP SOFTWARE WEB STORAGECITY MGR'S OFF STRIKINGLY $ 24.95 02/16/201564545 (IS ONLY) PERSONAL COMP SOFTWARE DOMAIN NAMECITY MGR'S OFF BKF BOOKFRESH $ 24.90 02/17/2015 62512 RECRUITMENT SERVICES HR RECRUITING SOFTWARECITY MGR'S OFF ADOBE SYSTEMS, INC. $ 21.24 02/19/201564545 (IS ONLY) PERSONAL COMP SOFTWARE MONTHLY MEMBERSHIP INDESIGNCITY MGR'S OFF ISSUU $ 19.00 02/24/201564545 (IS ONLY) PERSONAL COMP SOFTWARE ISSUU WEB SOFTWARECITY MGR'S OFF BKF BOOKFRESH $ 24.90 02/27/2015 65125 OTHER COMMODITIESPARKS/REC RECRUITING SOFTWARECITY MGR'S OFFWWW.LOGMEIN.COM $ 185.49 02/27/201564545 (IS ONLY) PERSONAL COMP SOFTWAREWEB MEETING SOFTWARECITY MGR'S OFFPANINO'S PIZZERIA OR $ 521.35 02/02/2015 66040 GENERAL ADMINISTRATION ART AFTER HOURS EVENTCITY MGR'S OFFNIMLOK ONLINE $ 256.60 02/03/2015 62205 ADVERTISINGWE LOVE EVANSTON BANNERSCITY MGR'S OFFOCS SOLUTIONS $ 6.95 02/04/2015 66040 GENERAL ADMINISTRATION EVANSTONARTSBUZZ.COM SUPPORTCITY MGR'S OFFBENNISONS BAKERY INC $ 11.76 02/04/2015 62185 OTHER CONSULTING SERVICES SSA MEETING 2.3.15CITY MGR'S OFFBENNISONS BAKERY INC $ 23.52 02/04/2015 62185 OTHER CONSULTING SERVICES SSA MEETING 2.3.15CITY MGR'S OFFJEWEL #3428 $ 36.74 02/04/2015 62185 OTHER CONSULTING SERVICES SSA MEETING 2.3.15CITY MGR'S OFFPAYPAL OREGON ELGL $ 30.00 02/06/2015 62360 MEMBERSHIP DUESMEMBERSHIP TO EMERGING LOCAL GOVERNMENT LEADERS NETWORKCITY MGR'S OFFADOBE SYSTEMS, INC. $ 21.24 02/06/201564545 (IS ONLY) PERSONAL COMP SOFTWAREMONTHLY INDESIGN MEMBERSHIPCITY MGR'S OFFHEWN $ 99.00 02/06/2015 62185 OTHER CONSULTING SERVICES SSA MEETING 2.5.15CITY MGR'S OFFBLIND FAITH CAFE $ 11.33 02/06/2015 62185 OTHER CONSULTING SERVICES SSA MEETING 2.5.15CITY MGR'S OFFADOBE SYSTEMS, INC. $ 21.24 02/09/201564545 (IS ONLY) PERSONAL COMP SOFTWAREACROBAT PROFESSIONAL MONTHLY MEMBERSHIPCITY MGR'S OFFHEWN $ 390.00 02/09/2015 66040 GENERAL ADMINISTRATION NOYES CULTURAL ARTS CENTER GALLERY OPENING - JEVOID SIMMONSCITY MGR'S OFFTRIBUNE PUBLISHING COM $ 1,005.00 02/09/2015 62205 ADVERTISINGWE LOVE EVANSTON WEB ADSCITY MGR'S OFFPUREBUTTONS8007102030 $ 539.92 02/10/2015 62205 ADVERTISINGBUTTONS FOR WE LOVE EVANSTON CAMPAIGNCITY MGR'S OFFPANERA BREAD #645 $ 205.16 02/10/2015 65025 FOODCOUNCIL FOODCITY MGR'S OFFB&H PHOTO, 800-606-696800-2215743 $ 70.63 02/10/2015 65095 OFFICE SUPPLIESHDMI SPLITTERCITY MGR'S OFFSTICKERGIAN3037747900 $ 272.70 02/10/2015 62205 ADVERTISINGSTICKERS FOR WE LOVE EVANSTON CAMPAIGNCITY MGR'S OFFLANGUAGE LINE SERVICES $ 18.60 02/10/201562509 SERVICE AGREEMENTS/CONTRACTSTRANSLATION SERVICESCITY MGR'S OFFNIMLOK ONLINE $ 1,026.59 02/11/2015 62205 ADVERTISINGBANNERS FOR WE LOVE EVANSTON CAMPAIGNCITY MGR'S OFFPANERA BREAD #645 $ (56.68) 02/11/2015 65025 FOODCOUNCIL FOOD REIMBURSEMENTCITY MGR'S OFFRECYCLINGBIN.COM $ 73.80 02/11/2015 65125 OTHER COMMODITIESRECYCLING BINCITY MGR'S OFFVARIDESK $ 4,250.00 02/12/2015 66040 GENERAL ADMINISTRATION 4 VARIDESK PRO PLUS AND 6 VARIDESK PRO PLUS 48 SIT/STAND DESKSFebruary 28, 2015Page 3 of 2452 of 722 Bank of America Credit Card Statement for the Period ending February 28, 2015CITY MGR'S OFF AMAZON.COM $ 91.48 02/12/2015 66040 GENERAL ADMINISTRATION MAT FOR SIT/STAND DESKCITY MGR'S OFF AMAZON.COM $ 91.48 02/12/2015 66040 GENERAL ADMINISTRATION MAT FOR SIT/STAND DESKCITY MGR'S OFF AMAZON.COM $ 91.48 02/12/2015 66040 GENERAL ADMINISTRATION MAT FOR SIT/STAND DESKCITY MGR'S OFF AMAZON.COM $ 91.48 02/12/2015 66040 GENERAL ADMINISTRATION MAT FOR SIT/STAND DESKCITY MGR'S OFF AMAZON.COM $ 91.48 02/12/2015 66040 GENERAL ADMINISTRATION MAT FOR SIT/STAND DESKCITY MGR'S OFF AMAZON.COM $ 91.48 02/12/2015 66040 GENERAL ADMINISTRATION MAT FOR SIT/STAND DESKCITY MGR'S OFF AMAZON.COM $ 91.48 02/12/2015 66040 GENERAL ADMINISTRATION MAT FOR SIT/STAND DESKCITY MGR'S OFF AMAZON.COM $ 91.48 02/12/2015 66040 GENERAL ADMINISTRATION MAT FOR SIT/STAND DESKCITY MGR'S OFF AMAZON.COM $ 91.48 02/12/2015 66040 GENERAL ADMINISTRATION MAT FOR SIT/STAND DESKCITY MGR'S OFF AMAZON.COM $ 91.48 02/12/2015 66040 GENERAL ADMINISTRATION MAT FOR SIT/STAND DESKCITY MGR'S OFF BAGEL ART $ 23.89 02/13/201562660 BUSINESS ATTRACTION/EXPANSION HEALTH & WELLNESS BUSINESS ASSOCIATION MTNG.CITY MGR'S OFF JEWEL #3428 $ 29.99 02/16/201562660 BUSINESS ATTRACTION/EXPANSION HEALTH & WELLNESS BUSINESS ASSOCIATION MTNG.CITY MGR'S OFF ASANA $ 800.00 02/19/201564545 (IS ONLY) PERSONAL COMP SOFTWARE ASANA MONTHLY MEMBERSHIP 2/6/15-3/6/15CITY MGR'S OFF HEWN $ 27.50 02/19/2015 66040 GENERAL ADMINISTRATION BACKSTAGE EVANSTON MTNG.CITY MGR'S OFF IN MULTILINGUAL CONNE $ 75.00 02/20/2015 62205 ADVERTISINGSPANISH TRANSLATION E NEWSLETTERCITY MGR'S OFFLUCKY PLATTER RESTAURA $ 172.24 02/25/2015 65025 FOODCOUNCIL FOODCITY OF EVANSTONINTERNATIONAL INSTITUT $ 575.00 02/16/2015 62295 TRAINING & TRAVELCONFERENCE REGISTRATION FOR THE 69TH IIMC ANNUAL CONFERENCE-HARTFORD, CTSUNDAY, MAY 17, 2015 TO WEDNESDAY, MAY 20, 2015.CITY OF EVANSTON QUIBIDS $ 60.00 02/23/2015 62295 TRAINING & TRAVELFEES FOR ONLINE TRAINING MATERIALS.COMM ECON DEV/ADMINMETROPOLITAN PLANNING $ 15.00 02/04/2015 62295 TRAINING & TRAVELREGISTRATION FOR CONVERSATION & RECEPTION WITH HOWARD TULLMAN, CEO OF 1871COMM ECON DEV/ADMINTRIBUNE PUBLISHING COM $ 80.60 02/10/2015 62205 ADVERTISINGPUBLIC NOTICE - ZONING BOARD OF APPEALS - ORDER 3044734COMM ECON DEV/ADMINTRIBUNE PUBLISHING COM $ 64.89 02/17/2015 65010 BOOKS, PUBLICATIONS, MAPS PUBLICATION FOR PROPERTY SALECOMM ECON DEV/ADMINEQUALITY ILLINOIS E $ 60.00 02/19/2015 62295 TRAINING & TRAVEL2015 LGBT EQUALITY INSTITUTE EVENT FEECOMM ECON DEV/ADMINPANERA BREAD #645 $ 68.75 02/20/2015 65025 FOODCOMMUNITY DEVELOPMENT DEPT. QUARTERLY MEETINGCOMM ECON DEV/ADMINILFLS COM $ 59.95 02/25/2015 62490 OTHER PROGRAM COSTS MONTHLY SUBSCRIPTION IL FORECLOSURESCOMM ECON DEV/ADMINTRIBUNE PUBLISHING COM $ 56.09 02/25/2015 62205 ADVERTISINGPUBLIC NOTICE - ZONING BOARD OF APPEALS - ORDER #3077534COMM ECON DEV/ADMINCITY OF EVANSTON-METER $ 1.00 02/26/201562660 BUSINESS ATTRACTION/EXPANSIONPARKING METERCOMM ECON DEV/ADMINTINT - TINTUP.COM $ 50.00 02/27/2015 62659 PARTNERSHIP CONTRIBUTION PLUS PLAN MEMBERSHIP 2/26/2015-3/26/2015FIRE/ADMINANSTONTHORNTONS #0003 Q35 $ 31.00 02/04/2015 65035 PETROLEUM PRODUCTS REFUELFIRE/ADMINANSTONTHE HOME DEPOT 1902 $ 173.82 02/02/2015 65085 MINOR EQUIP & TOOLSBUILDING SUPPLIESFebruary 28, 2015Page 4 of 2453 of 722 Bank of America Credit Card Statement for the Period ending February 28, 2015FIRE/ADMINANSTON 7-ELEVEN 26063 $ 22.04 02/02/2015 62295 TRAINING & TRAVELFUELFIRE/ADMINANSTONHILTON GARDEN INN EVAN $ 157.04 02/04/2015 62295 TRAINING & TRAVELROOM FOR CONFERENCE SPEAKER - BREZLERFIRE/ADMINANSTONINFINIWING $ 179.10 02/09/2015 65095 OFFICE SUPPLIESBYOD DOCKING STATIONFIRE/ADMINANSTONBEST BUY 00003137 $ 32.68 02/12/2015 65095 OFFICE SUPPLIESETHERNET ADAPTERFIRE/ADMINANSTONINTERNATIONAL TRANSACTION FEE $ 0.60 02/23/2015 65095 OFFICE SUPPLIESINTERNATIONAL TRANSACTION FEEFIRE/ADMINANSTONPAYPAL GLOBALRISKI $ 74.95 02/23/2015 65095 OFFICE SUPPLIESTACTICAL SIMULATION SOFTWARE - ANNUAL SUBSCRIPTIONFIRE/ADMINANSTONBENNISONS BAKERY INC $ 18.41 02/27/2015 62295 TRAINING & TRAVELDONUTS FOR MEETINGSFIRE/ADMINANSTONSUPERIOR INDUSTRIAL SP $ 198.60 02/20/2015 65040 JANITORIAL SUPPLIESJANITORIAL SUPPLIESFIRE/ADMINANSTOND & D FINER FOODS $ 4.45 02/23/2015 65040 JANITORIAL SUPPLIESJANITORIAL SUPPLIESFIRE/ADMINANSTONSTATE CHEMIC STATE CHE $ 152.42 02/25/2015 65040 JANITORIAL SUPPLIESJANITORIAL SUPPLIESFIRE/ADMINANSTONSUPERIOR INDUSTRIAL SP $ 244.68 02/26/2015 65040 JANITORIAL SUPPLIESJANITORIAL SUPPLIESFIRE/ADMINANSTONTHE HOME DEPOT 1902 $ 138.48 02/02/2015 65125 OTHER COMMODITIESSMALL TOOLSFIRE/ADMINANSTONABT ELECTRONICS $ (42.44) 02/02/201565050 BUILDING MAINTENANCE MATERIALCREDIT OF SERVICE CALLFIRE/ADMINANSTONRADIOSHACK COR00164145 $ 38.14 02/02/2015 65125 OTHER COMMODITIESPROTECTIVE CASE FOR NEW CITY IPHONEFIRE/ADMINANSTONRADIOSHACK COR00164988 $ 127.93 02/03/2015 65125 OTHER COMMODITIESRADIO EQUIPMENT/ANTENNA SUPPLIESFIRE/ADMINANSTONR & M LAWNMOWER INC $ 25.00 02/05/2015 65085 MINOR EQUIPMENT AND TOOLS REPAIR PARTSFIRE/ADMINANSTONAMERICAN MATTRESS $ 240.00 02/10/2015 65125 OTHER COMMODITIESBEDDING PROTECTIONFIRE/ADMINANSTONTARGET 00009274 $ 4.29 02/10/2015 65085 MINOR EQUIPMENT AND TOOLS REPAIR PARTFIRE/ADMINANSTONOFFICE MAX $ 92.50 02/12/2015 65095 OFFICE SUPPLIESOFFICE SUPPLIES FIRE HQ, HOUSE SUPPLIESFIRE/ADMINANSTONABT ELECTRONICS $ 798.00 02/13/201565050 BUILDING MAINTENANCE MATERIALFS#3 HEAVY DUTY EQUIPMENT DRYER/SAFIRE/ADMINANSTONTHE HOME DEPOT 1902 $ 168.81 02/13/2015 65085 MINOR EQUIP & TOOLSSTA 3 TOOLSFIRE/ADMINANSTONABT ELECTRONICS $ (299.00) 02/16/201565050 BUILDING MAINTENANCE MATERIALCREDIT: DRYER S/AFIRE/ADMINANSTONTARGET.COM $ 66.51 02/16/2015 65125 OTHER COMMODITIESFS#3 SUPPLIES RE: CAPTAIN PJ CASEYFIRE/ADMINANSTONTARGET.COM $ 54.99 02/16/2015 65125 OTHER COMMODITIESFS#3 SUPPLIES RE: CAPTAIN PJ CASEYFIRE/ADMINANSTONTARGET.COM $ 13.52 02/16/2015 65125 OTHER COMMODITIESFS#3 SUPPLIES RE: CAPTAIN PJ CASEYFIRE/ADMINANSTONTARGET.COM $ 147.05 02/16/2015 65125 OTHER COMMODITIESFS#3 SUPPLIES RE: CAPTAIN PJ CASEYFIRE/ADMINANSTONTARGET.COM $ 3.16 02/16/2015 65125 OTHER COMMODITIESFS#3 SUPPLIES RE; CAPTAIN PJ CASEYFIRE/ADMINANSTONBATTERY PLEX INC $ 30.78 02/16/2015 65085 MINOR EQUIPMENT AND TOOLS REPAIR PARTSFIRE/ADMINANSTONFEDERAL SUPPLY USA $ 206.63 02/17/2015 65125 OTHER COMMODITIESHEALTH/FITNESS CMTE. SCALESFebruary 28, 2015Page 5 of 2454 of 722 Bank of America Credit Card Statement for the Period ending February 28, 2015FIRE/ADMINANSTON SHELL OIL 512741600QPS $ 28.59 02/18/2015 62295 TRAINING & TRAVELFUEL-MABAS MEETINGFIRE/ADMINANSTONEVANSTON SIGNS AND GRA $ 40.00 02/18/2015 62210 PRINTINGPRINTINGFIRE/ADMINANSTONTHE HOME DEPOT 1902 $ 71.84 02/18/2015 65085 MINOR EQUIPMENT AND TOOLS SMALL TOOLSFIRE/ADMINANSTONWORLDPOINT ECC $ 381.75 02/19/2015 65625 FURNITURES AND FIXTURES CPR BOOKS& CARDSFIRE/ADMINANSTONHEARTLAND SERVICES $ 480.00 02/19/2015 62250 COMPUTER EQUIPMENT MAINT. MDC REPAIR A21FIRE/ADMINANSTONSPEX HAND CAR WASH $ 20.00 02/23/2015 65125 OTHER COMMODITIESCAR WASHFIRE/ADMINANSTONOFFICE MAX $ 180.64 02/24/2015 65095 OFFICE SUPPLIESSTA 2 SUPPLIESFIRE/ADMINANSTONWW GRAINGER $ 245.74 02/25/2015 65125 OTHER COMMODITIESHEALTH/FITNESS CMTE. SCALESFIRE/ADMINANSTONABT ELECTRONICS SERV $ 59.50 02/25/2015 65125 OTHER COMMODITIESSERVICE CALL/ REPAIRSFIRE/ADMINANSTONLEMOI ACE HARDWARE $ 16.56 02/26/2015 65085 MINOR EQUIPMENT AND TOOLS SMALL TOOLSFIRE/ADMINANSTONAMAZON MKTPLACE PMTS $ 189.61 02/27/2015 65075 MEDICAL & LAB SUPPLIES MDC BATTERIESFIRE/ADMINANSTONTHE HOME DEPOT 1902 $ 46.91 02/27/2015 65085 MINOR EQUIP & TOOLSSMALL TOOLSHEALTHPROMOTIONS NOW $ 1,363.56 02/09/2015 62371 WOMEN OUT WALKINGPEDOMETERS FOR "WOMEN OUT WALKING" (K. PREIHS)HEALTHTIMBUK2 CHICAGO $ 100.00 02/16/2015 65085 MINOR EQUIP & TOOLSMESSENGER BAGS FOR HEALTH INSPECTORS (C. FERGUSON & I. OGBO)HEALTHANDERSON PEST SOLUTION $ 100.00 02/16/2015 62295 TRAINING & TRAVELREGISTRATION FOR ANDERSON'S 40TH ANNUAL PUBLIC HEALTH SUMMIT (FOR:G. OLSEN & I. OGBO)HEALTH17 E ADAMS $ 38.00 02/20/2015 62295 TRAINING & TRAVELLOCAL HEALTH DIRECTORS MEETING PARKINGLAW/LEGALCOOK COUNTY RECORDER O $ 4.00 02/04/2015 62345 COURT COSTS/LITIGATION ELECTRONIC RESEARCHLAW/LEGALCOOKEFILE-15PQIVPQ $ 3.95 02/02/2015 62345 COURT COSTS/LITIGATION ELECTRONIC RESEARCHLAW/LEGALCOOKEFILE-156G01E9 $ 195.73 02/02/2015 62345 COURT COSTS/LITIGATION ELECTRONIC RESEARCHLAW/LEGALCOOKEFILE-1596X7RD $ 3.95 02/11/2015 62345 COURT COSTS/LITIGATION ELECTRONIC RESEARCHLAW/LEGALCOOKEFILE-154P9FRG $ 3.95 02/11/2015 62345 COURT COSTS/LITIGATION ELECTRONIC RESEARCHLAW/LEGALREI MATTHEW BENDER &CO $ 29.46 02/19/2015 65010 BOOKS, PUBLICATIONS, MAPS LEGAL PUBLICATION BOOKLAW/LEGALIMPARK00220091A $ 40.00 02/20/2015 62345 COURT COSTS/LITIGATION PARKING FOR LITIGATION HEARINGLAW/LEGALCOOKEFILE-1585C144 $ 3.95 02/23/2015 62345 COURT COSTS/LITIGATION ELECTRONIC RESEARCHLAW/LEGALCOOKEFILE-155PKIH1 $ 3.95 02/23/2015 62345 COURT COSTS/LITIGATION ELECTRONIC RESEARCHLAW/LEGALCOOKEFILE-15Y445DA $ 3.95 02/24/2015 62345 COURT COSTS/LITIGATION ELECTRONIC RESEARCHPOLICE DEPT/ADMINU-HAUL-EVANSTON #75876 $ 26.29 02/10/2015 62515 RENTAL SERVICESRENTAL FOR INVESTIGATIONPOLICE DEPT/ADMINBLUEPEARL SKOKIE $ 224.26 02/02/2015 62605 OTHER CHARGESVETERINARIAN SERVICESPOLICE DEPT/ADMINTREE HOUSE HUMANE SOCI $ 35.00 02/16/2015 62605 OTHER CHARGESVETERINARIAN SERVICESFebruary 28, 2015Page 6 of 2455 of 722 Bank of America Credit Card Statement for the Period ending February 28, 2015POLICE DEPT/ADMIN SAMSCLUB #6444 $ 17.18 02/23/2015 65125 OTHER COMMODITIESCLEANING SUPPLIESPOLICE DEPT/ADMINSQ SERVICES BIG EDS D $ 900.00 02/23/2015 62605 OTHER CHARGESDOG TRAINING - OFFSET BY DONATIONSPOLICE DEPT/ADMINBANFIELD 0427 $ 438.49 02/26/2015 62605 OTHER CHARGESVETERINARIAN SERVICESPOLICE DEPT/ADMINTREE HOUSE HUMANE SOCI $ 35.00 02/27/2015 62605 OTHER CHARGESVETERINARIAN SERVICESPOLICE DEPT/ADMINAMAZON MKTPLACE PMTS $ 269.98 02/02/2015 65125 OTHER COMMODITIESSURVEILLANCE CAMERASPOLICE DEPT/ADMINTHE HOME DEPOT 1902 $ 18.69 02/02/201541420 RESERVE NARCOTIC ENFORCEMENTVINYL TUBE AND PVC PIPEPOLICE DEPT/ADMINUS FLEET TRACKING LLC $ 79.90 02/03/2015 41340 RESERVE NARCOTICS SEIZURE GPS SERVICEPOLICE DEPT/ADMINNORTH AMERICAN POLICE $ 45.00 02/06/201541420 RESERVE NARCOTIC ENFORCEMENTANNUAL MEMBERSHIP - NORTH AMERICAN POLICE WORK DOG ASSOC.POLICE DEPT/ADMINAMAZON.COM $ 29.98 02/09/2015 65125 OTHER COMMODITIES2 LIGHTNING CHARGERSPOLICE DEPT/ADMINAMAZON MKTPLACE PMTS $ 55.60 02/09/2015 65125 OTHER COMMODITIES8 MOTOROLA MICRO-USB CHARGERSPOLICE DEPT/ADMINB&H PHOTO MOTO $ 398.02 02/10/2015 65125 OTHER COMMODITIESMONITOR TABLE AND 3 DIGITAL CONNECTION CABLESPOLICE DEPT/ADMINAVIS RENT A CAR TOLLS $ 17.35 02/10/2015 62515 RENTAL SERVICESTOLLS FOR RENTAL VEHICLE FOR INVESTIGATIONSPOLICE DEPT/ADMINSAMS CLUB #6444 $ 468.64 02/12/2015 65025 FOODFOOD FOR PRISONERSPOLICE DEPT/ADMINAVIS RENT-A-CAR 1 $ 103.60 02/12/2015 62515 RENTAL SERVICESRENTAL FOR INVESTIGATIONPOLICE DEPT/ADMINTHE HOME DEPOT 1902 $ 53.89 02/13/201565050 BUILDING MAINTENANCE MATERIALGLOVES, BLINDS, DOOR STOPS, DUCT TAPEPOLICE DEPT/ADMINLAZ PARKING 600507 $ 16.00 02/13/2015 62295 TRAINING & TRAVELPARKING FOR REGIONAL SECURITY MEETINGPOLICE DEPT/ADMINLEMOI ACE HARDWARE $ 15.99 02/13/2015 65085 MINOR EQUIP & TOOLSSNOW SHOVELPOLICE DEPT/ADMINPP PROFESSIONAL LAW EN $ (125.00) 02/16/2015 62295 TRAINING & TRAVELCREDIT FOR ERRONEOUS CHARGE IN JANUARYPOLICE DEPT/ADMINEVIDENT INC $ 59.00 02/16/2015 65125 OTHER COMMODITIESEVIDENCE SUPPLIESPOLICE DEPT/ADMINTHE HOME DEPOT 1902 $ 34.84 02/16/201565050 BUILDING MAINTENANCE MATERIALMINIBLINDSPOLICE DEPT/ADMINPAYPAL WIUILETSB $ 100.00 02/16/2015 62295 TRAINING & TRAVELWOMEN IN LAW ENFORCEMENT EXECUTIVE INSTITUTE - 2 ATTENDEESPOLICE DEPT/ADMINIL AS. OF CHIEFS POLIC $ 95.00 02/20/2015 62295 TRAINING & TRAVELUSE OF FORCE TRAINING - CMDR. DUGANPOLICE DEPT/ADMINTHE HOME DEPOT 1902 $ 14.98 02/23/201565050 BUILDING MAINTENANCE MATERIALMINIBLINDSPRCS/CHAND NEWB CNTRFACEBK P348K7S7J2 $ 3.76 02/02/2015 62205 ADVERTISINGBOOSTED FACEBOOK POST ABOUT ADDITIONAL OPEN GYMS DUE TO EMERGENCY SCHOOL CLOSINGSPRCS/CHAND NEWB CNTRJEWEL #3456 $ 55.60 02/05/2015 65025 FOODCHANDLER PRESCHOOL SNACKSPRCS/CHAND NEWB CNTRHAROLD'S TRUE VALUE HD $ 31.45 02/09/201565050 BUILDING MAINTENANCE MATERIALPAINT FOR CHANDLER HALLWAY AND WASHROOMSPRCS/CHAND NEWB CNTRARC SERVICES/TRAINING $ 30.00 02/09/2015 65110 REC PROGRAM SUPPLIES PER PERSON FEES FOR AMERICAN RED CROSS BABYSITTER TRAININGPRCS/CHAND NEWB CNTRMICHAELS STORES 2037 $ 159.50 02/11/2015 65110 REC PROGRAM SUPPLIESDECORATIONS, PRIZES AND OTHER SUPPLIES FOR VALENTINE'S DAY FAMILY FUN FESTPRCS/CHAND NEWB CNTRILLINOIS PARK RECREAT $ 65.00 02/12/2015 62295 TRAINING & TRAVELLEADING MULTIPLE GENERATIONS IN THE WORKFORCE TRAINING SESSION THROUGH IPRAFebruary 28, 2015Page 7 of 2456 of 722 Bank of America Credit Card Statement for the Period ending February 28, 2015PRCS/CHAND NEWB CNTR TARGET 00009274 $ 69.35 02/12/2015 65110 REC PROGRAM SUPPLIESMISCELLANEOUS RECREATION SUPPLIES---FROZEN CD FOR WINTER FEST, GOLDFISH CRACKERS, BABY WIPES....PRCS/CHAND NEWB CNTR PARTY CITY $ 170.39 02/12/2015 65110 REC PROGRAM SUPPLIESPLATES, NAPKINS, CUPS AND DECORATIONS FOR VALENTINE'S DAY FAMILY FUN FESTPRCS/CHAND NEWB CNTR SSI SCHOOL SPECIALTY $ 191.84 02/12/2015 65110 REC PROGRAM SUPPLIES PRESCHOOL CRAFT SUPPLIES AND MATERIALS.PRCS/CHAND NEWB CNTR ORIENTAL TRADING CO $ 82.24 02/12/2015 65110 REC PROGRAM SUPPLIES STICKERS FOR VALENTINE'S DAY FAMILY FUN FEST PRIZES AND ART PROJECTPRCS/CHAND NEWB CNTR HAROLD'S TRUE VALUE HD $ 63.84 02/25/201565050 BUILDING MAINTENANCE MATERIALCHANDLER MAINTENANCE MATERIALS--DOOR STOPS, CAULK, SHOWER LINERS....PRCS/CHAND NEWB CNTR ILLINOIS PARK RECREAT $ 65.00 02/26/2015 62295 TRAINING & TRAVEL IPRA LEADING MULTIPLE GENERATIONS IN THE WORKFORCE WORKSHOPPRCS/CHAND NEWB CNTR WALGREENS #2619 $ 14.70 02/27/2015 65110 REC PROGRAM SUPPLIES TEAM PICTURES FOR 4TH & 5TH GRADE BASKETBALL LEAGUE PLAYERSPRCS/COMMUNITY SERVICES PANERA BREAD #645 $ 86.92 02/02/2015 65025 FOODLUNCH FOR VOLUNTEER OMBUDSMAN TRAINING-REIMBURSED BY GRANTPRCS/COMMUNITY SERVICESJEWEL #3456 $ 23.82 02/06/2015 65025 FOODREFRESHMENTS FOR COMMISSION ON AGING MEETINGPRCS/COMMUNITY SERVICESSPOTHERO PARKING (312) $ 20.00 02/18/2015 62295 TRAINING & TRAVELPARKING FOR OMBUDSMAN MEETING-REIMBURSED BY GRANTPRCS/COMMUNITY SERVICESAMPCO PARKING 60 E RAN $ 37.00 02/19/2015 62295 TRAINING & TRAVELPARKING FOR OMBUDSMAN MEETING - REIMBURSED BY GRANTPRCS/COMMUNITY SERVICESSPOTHERO PARKING (312) $ 15.00 02/25/2015 62295 TRAINING & TRAVELPARKING FOR OMBUDSMAN MEETING - REIMBURSED BY GRANTPRCS/ECOLOGYSQ DOUGLAS CHIEN $ 40.00 02/02/2015 62295 TRAINING & TRAVELCHICAGO WILDERNESS CONFERENCEPRCS/ECOLOGYILLINOIS ASSOC OF PARK $ (280.00) 02/05/2015 62295 TRAINING & TRAVELIPRA CONFERENCE REFUNDPRCS/ECOLOGY#02508 JEWEL $ 4.64 02/05/2015 62490 OTHER PROGRAM COSTS SPLIT -ANIMAL CARE FRESH FOOD (53.83%)PRCS/ECOLOGY#02508 JEWEL $ 3.98 02/05/2015 65110 REC PROGRAM SUPPLIES SPLIT -NATURE PALS SENSORY PLAY (46.17%)PRCS/ECOLOGYLLLREPTILE AND SUPPLY $ 29.99 02/06/2015 62490 OTHER PROGRAM COSTS ANIMAL CARE-LIVE FOODPRCS/ECOLOGYGFS MKTPLC #1915 $ 86.95 02/06/2015 65025 FOODFOOD FOR PROGRAMSPRCS/ECOLOGYORIENTAL TRADING CO $ 18.60 02/09/2015 65110 REC PROGRAM SUPPLIES ROCK BIRTHDAY PARTY GEODESPRCS/ECOLOGYJEWEL #3456 $ 17.13 02/13/2015 62490 OTHER PROGRAM COSTS ANIMAL CARE FRESH FOODPRCS/ECOLOGYPETSMART INC 1139 $ 45.87 02/16/2015 62490 OTHER PROGRAM COSTS ANIMAL CARE BEDDING LIVE FOOD AND FISHPRCS/ECOLOGYMICHAELS STORES 3849 $ 7.07 02/16/2015 65110 REC PROGRAM SUPPLIES DAY CAMP CRAFT SUPPLIESPRCS/ECOLOGYTARGET 00009274 $ 7.99 02/16/2015 65110 REC PROGRAM SUPPLIES DAY CAMP GAME SUPPLIESPRCS/ECOLOGYTERRY ANIMAL HOSP $ 98.25 02/18/2015 62490 OTHER PROGRAM COSTS VET VISIT FOR RABBIT AND SNAKEPRCS/ECOLOGYPETSMART INC 427 $ 57.91 02/26/2015 62490 OTHER PROGRAM COSTS ANIMAL CARE DRY FOOD LIVE FOOD AND BEDDINGPRCS/ECOLOGYJEWEL #3487 $ 4.37 02/26/2015 62490 OTHER PROGRAM COSTS SPLIT - ANIMAL CARE FRESH FOOD (23.44%)PRCS/ECOLOGYJEWEL #3487 $ 14.27 02/26/2015 65110 REC PROGRAM SUPPLIESSPLIT -PITCHER FOR LEMONADE, FLOUR FOR PLAYDOUGH, AND CHEERIOS FOR CRAFT (76.56%)PRCS/ECOLOGYLLLREPTILE AND SUPPLY $ 39.94 02/27/2015 62490 OTHER PROGRAM COSTS ANIMAL CARE LIVE FOODPRCS/FACPATTEN $ 447.50 02/04/2015 62245 AUTOMOTIVE EQ MAINT PATTENCAT-SERVICE TO GENERATOR AT FIRE#2February 28, 2015Page 8 of 2457 of 722 Bank of America Credit Card Statement for the Period ending February 28, 2015PRCS/FACFREDPRYOR CAREERTRACK $ (195.00) 02/23/2015 62295 TRAINING & TRAVELFACILITIES MANAGEMENT TRAINING FOR TOM TWIGG, PEDRO ULLOA AND SEAN CIOLEK (APPROVED BY S. ROBINSON) OVERCHARGE LAST MONTH.PRCS/FACABLE DISTRIBUTORS $ 62.62 02/24/201565050 BUILDING MAINTENANCE MATERIALABLE DISTRIBUTORS--COMPONENTS FOR HEAT AT CIVIC CENTER BOILER ROOM APARTMENT (M. WEGENER).PRCS/FACTHE HOME DEPOT 1902 $ 41.84 02/02/2015 62225 BLDG MAINT SVCS BOO-COO/CHURCH STREET DRY WALL MATERIALS.PRCS/FACTHE HOME DEPOT 1902 $ 47.09 02/02/2015 62225 BLDG MAINT SVCS BOOCOO/CHURCH STREET PLUMBING PARTS.PRCS/FACTHE HOME DEPOT 1902 $ 95.96 02/02/2015 65085 MINOR EQUIP & TOOLS CARPET SUPPLIES AND TOOLS.PRCS/FACTHE HOME DEPOT 1902 $ 35.39 02/02/201565050 BUILDING MAINTENANCE MATERIAL CARPET SUPPLIES FOR NOYES.PRCS/FACTHE HOME DEPOT 1902 $ 61.12 02/02/201565050 BUILDING MAINTENANCE MATERIAL FLEETWOOD CATV CABLE.PRCS/FACPURE ELECTRIC $ 44.73 02/02/201565050 BUILDING MAINTENANCE MATERIAL GAS PUMPS FOR SERVICE CENTER.PRCS/FACDREISILKER ELEC MOT $ 39.67 02/02/201565050 BUILDING MAINTENANCE MATERIAL HEATER PARTS FOR MAIN LIBRARY.PRCS/FACABLE DISTRIBUTORS $ 22.97 02/02/201565050 BUILDING MAINTENANCE MATERIAL HEATER PARTS FOR MAIN LIBRARY.PRCS/FACTHE HOME DEPOT 1902 $ 128.64 02/02/2015 62225 BLDG MAINT SVCSPAINTING MATERIALS FOR BOOCOO/CHURCH STREET.PRCS/FACPURE ELECTRIC $ 22.50 02/02/2015 62225 BLDG MAINT SVCSPARTS FOR 1823 CHURCH RENOVATIONS.PRCS/FACSTANDARD PIPE $ 409.29 02/02/2015 62225 BLDG MAINT SVCSPLUMBING PARTS FOR BOO-COO/CHURCH STREET.PRCS/FACTHE HOME DEPOT 1902 $ 49.00 02/02/201565050 BUILDING MAINTENANCE MATERIALPURCHASE FOR LADDER.PRCS/FACTHE HOME DEPOT 1902 $ 68.84 02/04/201565050 BUILDING MAINTENANCE MATERIALHOME DEPOT-CARPET TAPE FOR CIVIC CENTER HEALTH DEPARTMENT.PRCS/FACSTANDARD PIPE $ 69.90 02/04/201565050 BUILDING MAINTENANCE MATERIALPLUMBING PARTS FOR CROWN CENTER.PRCS/FACTHE HOME DEPOT 1902 $ 16.08 02/05/2015 62225 BLDG MAINT SVCSBOOCOO/CHURCH STREET RENOVATION MATERIALS AND CLOTH.PRCS/FACLEMOI ACE HARDWARE $ 3.49 02/05/201565050 BUILDING MAINTENANCE MATERIALDRAIN GASKET FOR CIVIC CENTER REPAIR.PRCS/FACSTANDARD PIPE $ 330.10 02/05/201565050 BUILDING MAINTENANCE MATERIALNOYES ART CENTER TOILET PARTS.PRCS/FACSTANDARD PIPE $ 303.78 02/05/201565050 BUILDING MAINTENANCE MATERIALREPAIR AND UPKEEP MATERIALS FOR CROWN CENTER.PRCS/FACPURE ELECTRIC $ 20.32 02/09/2015 62225 BLDG MAINT SVCS1823 CHURCH STREET PARTS FOR RENOVATIONS/REPAIRS.PRCS/FACJOHNSTONE SUPPLY OF NI $ 168.93 02/09/201565050 BUILDING MAINTENANCE MATERIALCONTROLS FOR BENT PARK FURNACE.PRCS/FACLEMOI ACE HARDWARE $ 3.98 02/09/2015 62225 BLDG MAINT SVCSKEYS FOR BOOCOO/CHURCH STREET.PRCS/FACTHE HOME DEPOT 1902 $ 171.86 02/09/2015 62225 BLDG MAINT SVCSPAINT MATERIALS FOR BOOCOO/CHURCH STREET.PRCS/FACINTERSTATE ALL BATTERY $ 167.38 02/09/2015 62225 BLDG MAINT SVCSPARTS FOR 1823 CHURCH RENOVATIONS/REPAIR.PRCS/FACPURE ELECTRIC $ 58.85 02/09/2015 62225 BLDG MAINT SVCSPARTS FOR 1823 CHURCH RENOVATIONS/REPAIR.PRCS/FACTHE HOME DEPOT 1902 $ 62.60 02/09/2015 62225 BLDG MAINT SVCSPARTS FOR 1823 CHURCH RENOVATIONS/REPAIRS.PRCS/FACSTANDARD PIPE $ 486.42 02/09/2015 62225 BLDG MAINT SVCSPARTS FOR BOOCOO/CHURCH STREET RENOVATIONS AND REPAIRS.PRCS/FACTHE HOME DEPOT 1902 $ 22.35 02/09/201565050 BUILDING MAINTENANCE MATERIALPARTS FOR POLICE DEPARTMENT (INTERROGATION DATA).February 28, 2015Page 9 of 2458 of 722 Bank of America Credit Card Statement for the Period ending February 28, 2015PRCS/FACTHE HOME DEPOT 1902 $ 29.99 02/09/2015 65085 MINOR EQUIP & TOOLS TOOLS AND SUPPLIES FOR BUILDING UPKEEP.PRCS/FACWW GRAINGER $ 246.60 02/10/201565050 BUILDING MAINTENANCE MATERIAL STOCK SUPPLIES AND BALLASTS.PRCS/FACPURE ELECTRIC $ 34.30 02/11/201565050 BUILDING MAINTENANCE MATERIAL CHANDLER OFFICE CABLES.PRCS/FACTHE HOME DEPOT 1902 $ 23.37 02/11/201565050 BUILDING MAINTENANCE MATERIAL MATERIALS FOR CIVIC CENTER UPKEEP.PRCS/FACSTANDARD PIPE $ 63.75 02/11/201565050 BUILDING MAINTENANCE MATERIAL MATERIALS FOR POLICE DEPARTMENT UPKEEP.PRCS/FACTHE HOME DEPOT 1902 $ 24.91 02/11/2015 62225 BLDG MAINT SVCS PARTS FOR FIREHOUSE #2 DISHWASHER AND ICE MACHINE.PRCS/FACAUTOMATIC APPLIANCE PA $ 60.17 02/11/201565050 BUILDING MAINTENANCE MATERIAL PARTS FOR LEVY DISHWASHER UPKEEP AND REPAIR.PRCS/FACSTANDARD PIPE $ 27.48 02/11/2015 62225 BLDG MAINT SVCS PLUMBING PARTS FOR BOOCOO/CHURCH STREET.PRCS/FACTHE HOME DEPOT 1902 $ 95.59 02/11/2015 62225 BLDG MAINT SVCS REPAIR PARTS FOR BOOCOO/CHURCH STREET RENOVATIONS.PRCS/FACTHE HOME DEPOT 1902 $ 60.85 02/12/201565050 BUILDING MAINTENANCE MATERIAL CIVIC CENTER PODIUM LIGHT.PRCS/FACTHE HOME DEPOT 1902 $ 18.23 02/12/2015 62225 BLDG MAINT SVCS DISHWASHER PARTS FOR LEVY CENTER.PRCS/FACTHE HOME DEPOT 1902 $ 99.00 02/13/2015 62225 BLDG MAINT SVCS BOO-COO VAC. PARTS.PRCS/FACTHE HOME DEPOT 1902 $ 40.59 02/13/2015 62225 BLDG MAINT SVCS BOOCOO/CHURCH STREET PLUMBING PARTS.PRCS/FACTHE HOME DEPOT 1902 $ 90.41 02/13/201565050 BUILDING MAINTENANCE MATERIAL BOOCOO/CHURCH STREET REPAIRS AND RENOVATION.PRCS/FACAMAZON MKTPLACE PMTS $ 19.96 02/13/201565050 BUILDING MAINTENANCE MATERIAL CIVIC CENTER COUNCIL PODIUM LIGHT.PRCS/FACTHE HOME DEPOT 1902 $ 32.96 02/13/2015 62225 BLDG MAINT SVCS PARTS FOR BOOCOO/CHURCH STREET REPAIRS/RENOVATIONS.PRCS/FACTHE HOME DEPOT 1902 $ 208.97 02/13/2015 65085 MINOR EQUIP & TOOLSSAWS AND SUPPLIES FOR CIVIC CENTER.PRCS/FACPURE ELECTRIC $ 124.43 02/16/201565050 BUILDING MAINTENANCE MATERIALEM LIGHTS FOR POLICE DEPARTMENT.PRCS/FACTHE HOME DEPOT 1902 $ 25.72 02/16/2015 65085 MINOR EQUIP & TOOLSGREASE TRAPS FOR LEVY CENTER.PRCS/FACWW GRAINGER $ 209.34 02/16/201565050 BUILDING MAINTENANCE MATERIALHEATER FOR MAPLE GARAGE.PRCS/FACELEMENTAL LED INC $ 950.59 02/16/201565050 BUILDING MAINTENANCE MATERIALMAINE LIBRARY WALKWAY LIGHTS.PRCS/FACTHE HOME DEPOT 1902 $ 165.71 02/16/201565050 BUILDING MAINTENANCE MATERIALMATERIALS AND SUPPLIES FOR BUILDING UPKEEP/REPAIR.PRCS/FACTHE HOME DEPOT 1902 $ 56.18 02/16/201565050 BUILDING MAINTENANCE MATERIALPARTS FOR POLICE DEPARTMENT (911 LINES).PRCS/FACSOUTHSIDE CONTROL $ 57.57 02/16/201565050 BUILDING MAINTENANCE MATERIALSHERMAN AVE. GARAGE T-STAT INSTALL.PRCS/FACTHE HOME DEPOT 1902 $ 154.36 02/16/201565050 BUILDING MAINTENANCE MATERIALSHERMAN AVE. GARAGE T-STATS INSTALL.PRCS/FACWINZER USA $ 338.23 02/16/2015 65085 MINOR EQUIP & TOOLSSUPPLIES AND GLOVES.PRCS/FACTHE HOME DEPOT 1902 $ 63.24 02/16/201565050 BUILDING MAINTENANCE MATERIALSUPPLIES FOR TRUCKS.PRCS/FACAMAZON.COM $ 671.70 02/16/2015 65085 MINOR EQUIP & TOOLSTOOLS AND SUPPLIES FOR BUILDING REPAIR.PRCS/FACABLE DISTRIBUTORS $ 963.85 02/17/201565050 BUILDING MAINTENANCE MATERIALABLE DISTRIBUTORS.February 28, 2015Page 10 of 2459 of 722 Bank of America Credit Card Statement for the Period ending February 28, 2015PRCS/FACANDERSON LOCK CO $ 498.76 02/17/201565050 BUILDING MAINTENANCE MATERIAL LOCK PARTS FOR POLICE DEPARTMENT.PRCS/FACSTANDARD PIPE $ 478.88 02/17/2015 62225 BLDG MAINT SVCSPARTS FOR BOOCOO/CHURCH STREET FAUCETS.PRCS/FACABLE DISTRIBUTORS $ 93.44 02/17/201565050 BUILDING MAINTENANCE MATERIALPROPANE TANKS AND LINE FOR BUILDING MAINTENANCE.PRCS/FACTHE HOME DEPOT 1902 $ 36.64 02/18/2015 62225 BLDG MAINT SVCSPARTS FOR BOOCOO/CHURCH STREET RENOVATIONS AND REPAIRS.PRCS/FACTHE HOME DEPOT 1902 $ 7.98 02/18/2015 62225 BLDG MAINT SVCSPARTS FOR BOOCOO/CHURCH STREET REPAIRS AND RENOVATIONS.PRCS/FACTHE HOME DEPOT 1902 $ 126.94 02/18/2015 62225 BLDG MAINT SVCSPARTS FOR BOOCOO/CHURCH STREET REPAIRS AND RENOVATIONS.PRCS/FACWW GRAINGER $ 119.40 02/18/201565050 BUILDING MAINTENANCE MATERIALPARTS FOR SERVICE CENTER FITNESS CENTER.PRCS/FACANDERSON LOCK CO $ 59.15 02/19/201565050 BUILDING MAINTENANCE MATERIALCABINET LOCKS FOR TOWNSHIP.PRCS/FACTHE HOME DEPOT 1902 $ 52.94 02/19/2015 62225 BLDG MAINT SVCSDOOR PATCH FOR BOOCOO.PRCS/FACPARTS TOWN, LLC $ 198.89 02/19/201565050 BUILDING MAINTENANCE MATERIALDRAIN HOSE AND PARTS FOR BUILDING UPKEEP AND MAINTENANCE.PRCS/FACTHE HOME DEPOT 1902 $ 62.81 02/19/2015 62225 BLDG MAINT SVCSPARTS FOR BOOCOO/CHURCH STREET REPAIRS AND RENOVATIONS.PRCS/FACJOHNSTONE SUPPLY OF NI $ 276.74 02/19/2015 65085 MINOR EQUIP & TOOLSTRUCK SUPPLIES.PRCS/FACTHE HOME DEPOT 1902 $ 76.60 02/20/2015 62225 BLDG MAINT SVCSPARTS FOR BOOCOO REPAIR/RENOVATION.PRCS/FACTHE HOME DEPOT 1902 $ 78.61 02/20/201565050 BUILDING MAINTENANCE MATERIALPARTS FOR CIVIC CENTER REPAIRS AND RENOVATIONS.PRCS/FACPP LIBERTYFLAG $ 32.50 02/20/201565050 BUILDING MAINTENANCE MATERIALPARTS FOR FIREHOUSE #4 REPAIR AND MAINTENANCE.PRCS/FACTHE HOME DEPOT 1907 $ 23.91 02/20/2015 65085 MINOR EQUIP & TOOLSPURCHASE FOR PEN LIGHT FOR CIVIC CENTER UPKEEP.PRCS/FACTHE HOME DEPOT 1902 $ 156.84 02/20/2015 65085 MINOR EQUIP & TOOLSTOOLS FOR CIVIC CENTER REPAIR AND MAINTENANCE.PRCS/FACTHE HOME DEPOT 1902 $ 133.75 02/23/2015 65625 FURNITURES AND FIXTURES FASTENERS FOR BEACH CHAIRS.PRCS/FACABLE DISTRIBUTORS $ 232.50 02/23/2015 65085 MINOR EQUIP & TOOLSLEAK DETECTOR, SNIPS AND TRUCK STOCKPRCS/FACSTANDARD PIPE $ 470.88 02/23/201565050 BUILDING MAINTENANCE MATERIALMATERIALS FOR METRA STATION UPKEEP.PRCS/FACSTANDARD PIPE $ 19.28 02/23/201565050 BUILDING MAINTENANCE MATERIALMETRA GREASE TRAP PARTS.PRCS/FACPURE ELECTRIC $ 103.36 02/23/2015 62225 BLDG MAINT SVCSPARTS FOR 1823 CHURCH STREET RENOVATION/REPAIRS.PRCS/FACPURE ELECTRIC $ 75.32 02/23/201565050 BUILDING MAINTENANCE MATERIALSHOP SUPPLIES AND STOCK.PRCS/FACEVANSTON LUMBER $ 368.50 02/24/2015 65625 FURNITURES AND FIXTURES LUMBER FOR BEACH CHAIRS.PRCS/FACABLE DISTRIBUTORS $ 31.22 02/24/201565050 BUILDING MAINTENANCE MATERIALPARTS FOR BOILER #1 AT NOYES (LEAK FIX).PRCS/FACTHE HOME DEPOT 1902 $ 32.29 02/25/201565050 BUILDING MAINTENANCE MATERIALPARTS FOR METRA STATION REPAIR AND UPKEEP.PRCS/FACPURE ELECTRIC $ 122.19 02/25/201565050 BUILDING MAINTENANCE MATERIALPARTS FOR POLICE DEPARTMENT DATA LINES.PRCS/FACJOHNSON LOCKSMITH INC $ 11.00 02/26/2015 65085 MINOR EQUIP & TOOLSKEYS FOR TRUCK #257.PRCS/FACPURE ELECTRIC $ 132.41 02/26/201565050 BUILDING MAINTENANCE MATERIALPARTS FOR POLICE DEPARTMENT DATA LINES.February 28, 2015Page 11 of 2460 of 722 Bank of America Credit Card Statement for the Period ending February 28, 2015PRCS/FACTHE HOME DEPOT 1902 $ 7.74 02/26/201565050 BUILDING MAINTENANCE MATERIAL SUPPLIES FOR BUILDING MAINTENANCE.PRCS/FACSTANDARD PIPE $ 57.80 02/27/201565050 BUILDING MAINTENANCE MATERIAL FAUCET PARTS FOR FIREHOUSE #2.PRCS/FACSTANDARD PIPE $ 10.99 02/27/201565050 BUILDING MAINTENANCE MATERIAL MATERIALS FOR CIVIC CENTER UPKEEP.PRCS/FACTHE HOME DEPOT 1902 $ 31.98 02/27/2015 62225 BLDG MAINT SVCS PAINT FOR GIBBS MORRISON.PRCS/FACSTANDARD PIPE $ 281.60 02/27/201565050 BUILDING MAINTENANCE MATERIAL PARTS FOR CIVIC CENTER ROOT CONTROL.PRCS/FACSTANDARD PIPE $ 24.55 02/27/201565050 BUILDING MAINTENANCE MATERIAL SINK AND TOILET PARTS FOR CHANDLER.PRCS/FACTHE HOME DEPOT 1902 $ 23.64 02/27/201565050 BUILDING MAINTENANCE MATERIAL SUPPLIES AND MATERIALS FOR CIVIC CENTER UPKEEP.PRCS/FLEETWOOD JOUR CNTR HALDEMAN-HM ANDERSON L $ 840.00 02/02/2015 65110 REC PROGRAM SUPPLIES BASKETBALL RIM INSPECTIONPRCS/FLEETWOOD JOUR CNTR DOLRTREE 3916 00039164 $ 68.00 02/02/2015 65110 REC PROGRAM SUPPLIES SUPPLIES FOR BINGOPRCS/FLEETWOOD JOUR CNTR GORDON FOOD SERVICE IN $ 223.58 02/05/2015 65110 REC PROGRAM SUPPLIES SUPPLIES FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTR GIORDANO`S OF EVANSTON $ 146.50 02/05/2015 65025 FOOD SUPPLIES FOR AFTER SCHOOL PROGRAMPRCS/FLEETWOOD JOUR CNTR THE HOME DEPOT 1902 $ 146.07 02/05/2015 65110 REC PROGRAM SUPPLIES SUPPLIES FOR WOOD SHOPPRCS/FLEETWOOD JOUR CNTR THE HOME DEPOT 1902 $ 199.92 02/06/2015 65040 JANITORIAL SUPPLIES SUPPLIES FOR BUILDINGPRCS/FLEETWOOD JOUR CNTR THE HOME DEPOT 1902 $ 101.25 02/09/2015 65040 JANITORIAL SUPPLIES BUILDING SUPPLIESPRCS/FLEETWOOD JOUR CNTR THE HOME DEPOT 1902 $ 45.72 02/09/2015 65110 REC PROGRAM SUPPLIES HOOKS FOR COATSPRCS/FLEETWOOD JOUR CNTR IN PLASTIC CARD SOLUT $ 390.00 02/09/2015 65110 REC PROGRAM SUPPLIES REPAIR OF CARD PRINTERPRCS/FLEETWOOD JOUR CNTR TARGET 00009274 $ 31.98 02/09/2015 65110 REC PROGRAM SUPPLIES SUPPLIES FOR HOLIDAY PARTYPRCS/FLEETWOOD JOUR CNTR BLICK ART 800 447 1892 $ 81.13 02/09/2015 65110 REC PROGRAM SUPPLIES SUPPLIES FOR VALENTINE DAYPRCS/FLEETWOOD JOUR CNTR ORIENTAL TRADING CO $ 59.20 02/09/2015 65110 REC PROGRAM SUPPLIES SUPPLIES FOR VALENTINE PROGRAMPRCS/FLEETWOOD JOUR CNTR DOLRTREE 673 00006734 $ 55.00 02/09/2015 65110 REC PROGRAM SUPPLIES VALENTINE SUPPLIESPRCS/FLEETWOOD JOUR CNTR THE HOME DEPOT 1902 $ 126.00 02/10/2015 65040 JANITORIAL SUPPLIES SUPPLIES FOR GYMPRCS/FLEETWOOD JOUR CNTR THE HOME DEPOT 1902 $ 172.65 02/10/2015 65040 JANITORIAL SUPPLIES SUPPLIES FOR GYMPRCS/FLEETWOOD JOUR CNTR THE HOME DEPOT 1902 $ 126.00 02/10/2015 65040 JANITORIAL SUPPLIES SUPPLIES FOR GYMPRCS/FLEETWOOD JOUR CNTR FOOD4LESS #0558 $ 81.52 02/10/2015 65025 FOODSUPPLIES FOR HOLIDAYPRCS/FLEETWOOD JOUR CNTRTICKETPRINTINGCOM $ 190.91 02/10/2015 62210 PRINTINGTICKET PRINTING FOR ANNIEPRCS/FLEETWOOD JOUR CNTRTICKETPRINTINGCOM $ 51.30 02/10/2015 62210 PRINTINGTICKET PRINTING FOR TATER TOTPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 55.33 02/11/2015 65025 FOODMILK FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 17.99 02/11/2015 65025 FOODMILK FOR MASON PARKPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 111.50 02/11/2015 65025 FOODSENIOR BINGOFebruary 28, 2015Page 12 of 2461 of 722 Bank of America Credit Card Statement for the Period ending February 28, 2015PRCS/FLEETWOOD JOUR CNTR GORDON FOOD SERVICE IN $ 212.38 02/11/2015 65025 FOODSUPPLIES FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTRTARGET 00009274 $ 60.56 02/12/2015 65110 REC PROGRAM SUPPLIES SUPPLIES FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTRJEWEL #3487 $ 18.67 02/13/2015 65110 REC PROGRAM SUPPLIES COOKING FOR MASON PARKPRCS/FLEETWOOD JOUR CNTRILLINOIS PAPER & COPIE $ 120.30 02/13/2015 65095 OFFICE SUPPLIESPAPER FOR OFFICEPRCS/FLEETWOOD JOUR CNTRFOOD4LESS #0558 $ 99.10 02/13/2015 65025 FOODSUPPLIES FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 22.95 02/16/2015 65025 FOODSUPPLIES FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 31.96 02/16/2015 65025 FOODSUPPLIES FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 464.30 02/16/2015 65025 FOODSUPPLIES FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTRPARTY CITY $ 74.28 02/16/2015 65110 REC PROGRAM SUPPLIES SUPPLIES FOR VALENTINE DAYPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 5.99 02/17/2015 65025 FOODAFTER SCHOOL PROGRAM SUPPLIESPRCS/FLEETWOOD JOUR CNTRHALDEMAN-HM ANDERSON L $ 840.00 02/17/2015 65110 REC PROGRAM SUPPLIES BASKETBALL RIM INSPECTIONPRCS/FLEETWOOD JOUR CNTRVOGUE FABRICS $ 38.88 02/18/2015 65110 REC PROGRAM SUPPLIES ANNIE SUPPLIESPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 55.33 02/18/2015 65025 FOODMILK FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 17.99 02/18/2015 65025 FOODMILK FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 24.96 02/18/2015 65025 FOODSUPPLIES FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 212.11 02/18/2015 65025 FOODSUPPLIES FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTRDRAMATISTS PLAY SERVIC $ 600.00 02/19/2015 62511 ENTERTAINMENT SERVICES LICENSE FOR UPCOMING PLAYPRCS/FLEETWOOD JOUR CNTRTHE HOME DEPOT 1902 $ 72.48 02/19/2015 65110 REC PROGRAM SUPPLIES SUPPLIES FOR ANNIEPRCS/FLEETWOOD JOUR CNTRFOOD4LESS #0558 $ 10.99 02/19/2015 65110 REC PROGRAM SUPPLIES SUPPLIES FOR COOKING CLASSPRCS/FLEETWOOD JOUR CNTRSQ OFFICE EVANSTONQUI $ 558.29 02/20/2015 65110 REC PROGRAM SUPPLIES SHIRTS FOR STAFFPRCS/FLEETWOOD JOUR CNTRGIORDANO`S OF EVANSTON $ 297.75 02/23/2015 65025 FOODSUPPLIES FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTRUS TOY CO INC 2 $ 30.06 02/24/2015 65110 REC PROGRAM SUPPLIES SUPPLIES FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 17.99 02/25/2015 65025 FOODMILK FOR MASON PARKPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 213.73 02/25/2015 65025 FOODSUPPLIES FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 55.33 02/25/2015 65025 FOODSUPPLIES FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTRLEARNING ZONEXPRESS, I $ 80.70 02/25/2015 65110 REC PROGRAM SUPPLIES SUPPLIES FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTRWALGREENS #2619 $ 21.27 02/25/2015 65110 REC PROGRAM SUPPLIES SUPPLIES FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 27.77 02/25/2015 65110 REC PROGRAM SUPPLIES SUPPLIES FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTRMIDWEST TIME RECORDER $ 176.00 02/25/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALTIME CLOCK MAINTENANCEFebruary 28, 2015Page 13 of 2462 of 722 Bank of America Credit Card Statement for the Period ending February 28, 2015PRCS/FLEETWOOD JOUR CNTR GORDON FOOD SERVICE IN $ 32.57 02/26/2015 65025 FOODSUPPLIES FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTRTHE HOME DEPOT 1902 $ 178.03 02/26/2015 65110 REC PROGRAM SUPPLIES SUPPLIES FOR ANNIEPRCS/FLEETWOOD JOUR CNTRTARGET 00009274 $ 46.96 02/26/2015 65110 REC PROGRAM SUPPLIES SUPPLIES FOR ANNIEPRCS/FLEETWOOD JOUR CNTRTHE HOME DEPOT 1902 $ 59.56 02/26/2015 65110 REC PROGRAM SUPPLIES SUPPLIES FOR ANNIEPRCS/FLEETWOOD JOUR CNTROFFICE MAX $ 40.00 02/27/2015 65110 REC PROGRAM SUPPLIES OFFICE SUPPLIESPRCS/LEVY SEN CNTRTHE HOME DEPOT 1902 $ 77.78 02/02/2015 65110 REC PROGRAM SUPPLIES PROGRAM AND FIREPLACE SUPPLIESPRCS/LEVY SEN CNTRTHE HOME DEPOT 1902 $ 24.63 02/09/2015 62490 OTHER PROGRAM COSTS ANIMAL HABITATE (38.38%)PRCS/LEVY SEN CNTRTHE HOME DEPOT 1902 $ 39.55 02/09/2015 65110 REC PROGRAM SUPPLIES BUILDING SUPPLIES (61.62%)PRCS/LEVY SEN CNTRNATIONAL RECREATION & $ 60.00 02/12/2015 62295 TRAINING & TRAVELNRPA CPRP RENEWALPRCS/LEVY SEN CNTRBLICK ART 800 447 1892 $ 72.27 02/18/2015 65110 REC PROGRAM SUPPLIES GAFFER TAPEPRCS/LEVY SEN CNTRTHE HOME DEPOT 1902 $ 134.53 02/25/2015 65110 REC PROGRAM SUPPLIES BUTTERFLY HOUSE SUPPLIESPRCS/LEVY SEN CNTRDAVIS TRANSPORTATION L $ 400.00 02/02/2015 62507 FIELD TRIPSBUS FOR SENIOR TRIPPRCS/LEVY SEN CNTRDRURY LANE THEATRE $ 882.40 02/02/2015 62507 FIELD TRIPSDRURY LANE SENIOR DAY TRIPPRCS/LEVY SEN CNTRVISTAPR VISTAPRINT.COM $ 73.81 02/02/2015 62210 PRINTINGNOYES CENTER GALLERY EXHIBIT PRINTINGPRCS/LEVY SEN CNTRCLASSICAL GLASS $ 420.87 02/02/2015 65110 REC PROGRAM SUPPLIES SUPPLIES FOR SENIOR GLASS CLASSESPRCS/LEVY SEN CNTRDAVIS TRANSPORTATION L $ 242.00 02/03/2015 62507 FIELD TRIPSBUS FOR SENIOR TRIPPRCS/LEVY SEN CNTRART INST-PURL MEMBERS $ 185.00 02/04/2015 62507 FIELD TRIPSART INSTITUTE MEMBERSHIPS FOR SENIOR TRIPSPRCS/LEVY SEN CNTRART INST CHGO-ONLINE $ 185.00 02/05/2015 62507 FIELD TRIPSART INSTITUTE MEMBERSHIPS FOR SENIOR TRIPSPRCS/LEVY SEN CNTREMERGENCY MEDICAL PROD $ 147.21 02/06/2015 65110 REC PROGRAM SUPPLIES FIRST AID SUPPLIES FOR LEVYPRCS/LEVY SEN CNTRDKC DIGI KEY CORP $ 24.65 02/06/2015 65110 REC PROGRAM SUPPLIES USB CABLE FOR DIGITAL SIGNPRCS/LEVY SEN CNTRPOWEREDBYPAQUIN.COM $ 14.28 02/09/2015 65110 REC PROGRAM SUPPLIES FIRST AID PADSPRCS/LEVY SEN CNTROLYMPIA SALES INC $ 117.40 02/11/2015 65110 REC PROGRAM SUPPLIES CARDS FOR LEVY CENTER GIFT SHOPPRCS/LEVY SEN CNTREMERGENCY MEDICAL PROD $ 124.19 02/11/2015 65110 REC PROGRAM SUPPLIES FIRST AID SUPPLIES FOR ECOLOGYPRCS/LEVY SEN CNTRIN NEIL ESTRICK GALLE $ 273.75 02/11/2015 62245 OTHER EQ MAINTKILN REPAIRSPRCS/LEVY SEN CNTRGFS MKTPLC #1915 $ 182.58 02/12/2015 65025 FOODSUPPLIES FOR SENIOR LUNCH PROGRAMPRCS/LEVY SEN CNTRCERAMIC SUPPLY CHICAGO $ 394.06 02/12/2015 65110 REC PROGRAM SUPPLIES SUPPLIES FOR SENIOR POTTERY CLASSPRCS/LEVY SEN CNTRID ZONE $ 44.90 02/13/2015 65110 REC PROGRAM SUPPLIES LANYARDS FOR FITNESS PASSESPRCS/LEVY SEN CNTRAMERICANFLAGSCOM $ 50.26 02/16/2015 65110 REC PROGRAM SUPPLIES OUTDOOR FLAG FOR LEVYPRCS/LEVY SEN CNTRAMAZON.COM $ 33.71 02/16/2015 65095 OFFICE SUPPLIESWIRELESS KEYBOARD AND MOUSE - ECOLOGY FRONT DESKFebruary 28, 2015Page 14 of 2463 of 722 Bank of America Credit Card Statement for the Period ending February 28, 2015PRCS/LEVY SEN CNTR BESTBUYCOM710798033193 $ 563.11 02/19/2015 65095 OFFICE SUPPLIESLAPTOP & MS OFFICE FOR SHIP PROGRAM. REIMBURSED THROUGH MMAI GRANTPRCS/LEVY SEN CNTR DAVIS TRANSPORTATION L $ 170.00 02/26/2015 62507 FIELD TRIPS BUS FOR SENIOR TRIPPRCS/LEVY SEN CNTR WALGREENS #4218 $ 8.97 02/26/201565050 BUILDING MAINTENANCE MATERIAL SOAP FOR GIBBS MORRISON EVENTPRCS/NOYES CNTR TRADER JOE'S #702 QPS $ 10.17 02/02/2015 65025 FOODREFRESHMENTS FOR ETHNIC ARTS FESTIVAL INTERVIEW LEGACYPRCS/NOYES CNTRWWW.NEWEGG.COM $ 32.94 02/06/2015 65095 OFFICE SUPPLIESFESTIVAL COORDINATOR KEYBOARDPRCS/NOYES CNTRWHOLEFDS EVS 10369 $ 11.65 02/09/2015 65025 FOODETHNIC ARTS FESTIVAL ANNIVERSARY INTERVIEW LEGACYPRCS/NOYES CNTRD & D FINER FOODS $ 10.78 02/16/2015 65025 FOODETHNIC ARTS REFRESHMENTS ANNIVERSARY INTERVIEWSPRCS/PARKS FORESTRYLEMOI ACE HARDWARE $ 5.28 02/02/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALEQT MAINTENANCE SUPPLIES.PRCS/PARKS FORESTRYWW GRAINGER $ (183.78) 02/02/201565055 MATERIALS TO MAINTAIN IMPROVEMENTSCREDIT FOR ICE RINK MATERIALS.PRCS/PARKS FORESTRYTHE HOME DEPOT 1902 $ 77.92 02/02/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALEQT MAINTENANCE SUPPLIES.PRCS/PARKS FORESTRYTHE HOME DEPOT 1902 $ 71.80 02/02/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALEQT MAINTENANCE SUPPLIES.PRCS/PARKS FORESTRYBIEDLERSELE $ 14.25 02/02/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALEQT MAINTENANCE SUPPLIES.PRCS/PARKS FORESTRYJC LICHT $ 91.59 02/02/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALEQT MAINTENANCE SUPPLIES.PRCS/PARKS FORESTRYINTL SOC ARBORICULTURE $ 360.00 02/02/2015 62360 MEMBERSHIP DUESINTERNATIONAL SOCIETY OF ARBORICULTURE--RECERTIFICATION AND 2015 MEMBERSHIPPRCS/PARKS FORESTRYEVANSTON BLUE PRINT $ 61.20 02/04/2015 65105 PHOTO/DRAFTING SUPPLIES COPIES OF LADD PATHWAY PLANS.PRCS/PARKS FORESTRYREINDERS T&I - KEYED $ 74.59 02/05/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALEQT MAINTENANCE SUPPLIES.PRCS/PARKS FORESTRYREINDERS T&I - KEYED $ 82.80 02/06/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALEQT MAINTENANCE SUPPLIES.PRCS/PARKS FORESTRYCARQUEST 2759 $ 22.83 02/10/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALEQT MAINTENANCE SUPPLIES.PRCS/PARKS FORESTRYREINDERS T&I - KEYED $ 108.32 02/10/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALEQT MAINTENANCE SUPPLIES.PRCS/PARKS FORESTRYJC LICHT $ 233.71 02/11/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALEQT MAINTENANCE SUPPLIES.PRCS/PARKS FORESTRYARLINGTON POWER EQUIPM $ 12.15 02/12/2015 65085 MINOR EQUIP & TOOLSARLINGTON POWER EQUIPMENT--SPRINGS FOR PRUNING SAW HEADS.PRCS/PARKS FORESTRYMOUSER ELECTRONICS DIS $ 31.27 02/12/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALEQT MAINTENANCE SUPPLIES.PRCS/PARKS FORESTRYLEMOI ACE HARDWARE $ 9.38 02/13/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALEQT MAINTENANCE SUPPLIES.PRCS/PARKS FORESTRYCITY WELDING SALES AND $ 240.17 02/13/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALEQT MAINTENANCE SUPPLIES.PRCS/PARKS FORESTRYTHE HOME DEPOT 1902 $ 48.83 02/16/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALEQT MAINTENANCE SUPPLIES.PRCS/PARKS FORESTRYLEMOI ACE HARDWARE $ 31.96 02/16/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALEQT MAINTENANCE SUPPLIES.PRCS/PARKS FORESTRYREINDERS T&I - KEYED $ 478.90 02/17/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALEQT MAINTENANCE SUPPLIES.PRCS/PARKS FORESTRYRUSSO HARDWARE - SCHIL $ 28.87 02/18/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALEQT MAINTENANCE SUPPLIES.PRCS/PARKS FORESTRYSAF-T-GARD INTERNATION $ 388.50 02/18/2015 65090 SAFETY EQUIPMENTSAFETY VESTS FOR STAFF.February 28, 2015Page 15 of 2464 of 722 Bank of America Credit Card Statement for the Period ending February 28, 2015PRCS/PARKS FORESTRY ILCA $ 495.00 02/19/2015 62295 TRAINING & TRAVELILLINOIS LANDSCAPE CONTRACTOR'S ASSOCIATION-LANDSCAPE TRADESHOW AND TRAINING REGISTRATION FOR WALKER, THEIS, CRESCENZO, GUYNN AND GUZMAN.PRCS/PARKS FORESTRY REINDERS T&I - KEYED $ 56.77 02/20/201565070 OFFICE/OTHER EQ TO MAINTN MATERIAL EQT MAINTENANCE SUPPLIES.PRCS/PARKS FORESTRY JC LICHT #1252 $ 104.43 02/20/201565070 OFFICE/OTHER EQ TO MAINTN MATERIAL EQT MAINTENANCE SUPPLIES.PRCS/PARKS FORESTRY OFFICE DEPOT #510 $ 7.28 02/23/2015 65095 OFFICE SUPPLIESPURCHASE FOR OFFICE SUPPLIES.PRCS/PARKS FORESTRYJC LICHT #1252 $ 131.50 02/26/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALEQT MAINTENANCE SUPPLIES.PRCS/PARKS FORESTRYU OF IL ONLINE PAYMENT $ 280.00 02/26/2015 62295 TRAINING & TRAVELUNIVERSITY OF ILLINOIS EXTENSION-PESTICIDE LICENSE RENEWALS AND TRAINING.PRCS/PARKS FORESTRYU OF IL ONLINE PAYMENT $ 80.00 02/26/2015 62295 TRAINING & TRAVELUNIVERSITY OF ILLINOIS EXTENSION-PESTICIDE LICENSE RENEWALS AND TRAINING.PRCS/PARKS FORESTRYCINTAS 60A SAP $ 68.68 02/27/2015 65090 SAFETY EQUIPMENTCINTAS FIRST AID CABINET RESTOCKING.PRCS/RBT CROWN CNTRROSES WHEAT FREE BAKER $ 6.50 02/13/2015 65025 FOODGLUTTON FREE CUPCAKES FOR VALENTINES DAY PROGRAM.PRCS/RBT CROWN CNTRFOOD4LESS #0558 $ 18.32 02/18/2015 65025 FOODPRESCHOOL MILKPRCS/RBT CROWN CNTRFOOD4LESS #0558 $ 45.09 02/18/2015 65025 FOODPRESCHOOL SNACKPRCS/RBT CROWN CNTRGFS MKTPLC #1915 $ 61.17 02/18/2015 65025 FOODSNACKS FOR PRESCHOOL PROGRAM.PRCS/RBT CROWN CNTRFOOD4LESS #0558 $ 68.57 02/24/2015 65025 FOODPRESCHOOL SNACKPRCS/RBT CROWN CNTRGFS MKTPLC #1915 $ 37.95 02/02/2015 65110 REC PROGRAM SUPPLIES LUNCH/SNACK UTENSILSPRCS/RBT CROWN CNTRU-HAUL-EVANSTON #75876 $ 7.18 02/02/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALPROPANE FOR ICE EDGER.PRCS/RBT CROWN CNTRFOOD4LESS #0558 $ 14.34 02/02/2015 65025 FOODSNACK - MILKPRCS/RBT CROWN CNTRGFS MKTPLC #1915 $ 35.93 02/02/2015 65025 FOODSNACK - PRESCHOOLPRCS/RBT CROWN CNTRFOOD4LESS #0558 $ 18.72 02/02/2015 65025 FOODSNACK -DAIRYPRCS/RBT CROWN CNTRGFS MKTPLC #1915 $ 151.39 02/04/2015 65025 FOODAFTER SCHOOL ADVENTURE PROGRAM SNACK.PRCS/RBT CROWN CNTRGFS MKTPLC #1915 $ 103.06 02/04/2015 65025 FOODAFTER SCHOOL ADVENTURE PROGRAM SNACK.PRCS/RBT CROWN CNTRGFS MKTPLC #1915 $ 107.32 02/04/2015 65110 REC PROGRAM SUPPLIES AFTER SCHOOL ADVENTURE SNACK SUPPLIES.PRCS/RBT CROWN CNTRTHE UPS STORE #1037 $ 21.28 02/04/2015 62315 POSTAGEPOSTAGE FOR SENDING EQUIPMENT OUT.PRCS/RBT CROWN CNTRGFS MKTPLC #1915 $ 31.93 02/04/2015 65110 REC PROGRAM SUPPLIES PRE SCHOOL SNACK AND LUNCH SUPPLIES.PRCS/RBT CROWN CNTRTHE HOME DEPOT 1902 $ 90.88 02/05/201565050 BUILDING MAINTENANCE MATERIALWATER NOZZLE, MOTOR OIL, FUNNEL, CIOL CORD, AND COAXIAL CABLE.PRCS/RBT CROWN CNTRFOOD4LESS #0558 $ 11.45 02/06/2015 65025 FOODMILK -SNACK (AFTERSCHOOL)PRCS/RBT CROWN CNTRFOOD4LESS #0558 $ 11.45 02/06/2015 65025 FOODMILK-SNACK (PRESCHOOL)PRCS/RBT CROWN CNTRTARGET 00009274 $ 144.97 02/06/2015 65110 REC PROGRAM SUPPLIES PRESCHOOL - AFTERSCHOOL SUPPLIES (STORAGE-ORGANIZATION)PRCS/RBT CROWN CNTRFOOD4LESS #0558 $ 23.96 02/06/2015 65025 FOODSNACKPRCS/RBT CROWN CNTRIMPARK00220091A $ 40.00 02/09/2015 62490 OTHER PROGRAM COSTS PARKING FOR COURT DEPOSITION.February 28, 2015Page 16 of 2465 of 722 Bank of America Credit Card Statement for the Period ending February 28, 2015PRCS/RBT CROWN CNTR TARGET 00009274 $ 31.19 02/10/2015 65110 REC PROGRAM SUPPLIES REC PROGRAM SUPPLIES - ARTPRCS/RBT CROWN CNTR GFS MKTPLC #1915 $ 60.32 02/11/2015 65110 REC PROGRAM SUPPLIES LUNCH/COOKING SUPPLIESPRCS/RBT CROWN CNTR IN RINKMUSIC INC. $ 995.00 02/12/2015 65110 REC PROGRAM SUPPLIES EQUIPMENT FOR MAIN RINK SOUND WIRING.PRCS/RBT CROWN CNTR PARTY TIME PALACE $ 50.00 02/12/2015 65110 REC PROGRAM SUPPLIES LOBBY DECORATIONS FOR THEME DAYS.PRCS/RBT CROWN CNTR US TOY CO INC 2 $ 100.42 02/12/2015 65110 REC PROGRAM SUPPLIES SUPPLIES AND EQUIPMENT FOR CLASSES.PRCS/RBT CROWN CNTR US TOY CO INC 2 $ 27.88 02/12/2015 65110 REC PROGRAM SUPPLIES SUPPLIES FOR PROGRAMS.PRCS/RBT CROWN CNTR US TOY CO INC 2 $ 117.81 02/12/2015 65110 REC PROGRAM SUPPLIES TOYS AND SUPPLIES FOR VARIOUS SCHOOL AGE PROGRAMS.PRCS/RBT CROWN CNTR FOOD4LESS #0558 $ 146.26 02/13/2015 65025 FOODAFTERSCHOOL SNACK/LUNCHPRCS/RBT CROWN CNTRFOOD4LESS #0558 $ 13.74 02/13/2015 65110 REC PROGRAM SUPPLIES MILK - SNACK (AFTER-SCHOOL)PRCS/RBT CROWN CNTRFOOD4LESS #0558 $ 13.74 02/13/2015 65025 FOODMILK - SNACK (PRESCHOOL)PRCS/RBT CROWN CNTRFOOD4LESS #0558 $ 52.08 02/13/2015 65025 FOODPRESCHOOL PARTY - SNACK/TREATSPRCS/RBT CROWN CNTRWILMETTE BICYCLE & SPO $ 200.00 02/13/2015 65110 REC PROGRAM SUPPLIES RENTAL SKATE SHARPENING.PRCS/RBT CROWN CNTRWILMETTE BICYCLE & SPO $ 30.00 02/13/2015 65110 REC PROGRAM SUPPLIES RENTAL SKATE SHARPENING.PRCS/RBT CROWN CNTRDOLRTREE 673 00006734 $ 67.00 02/16/2015 65110 REC PROGRAM SUPPLIES AFTER SCHOOL ADVENTURE PROGRAM VALENTINE'S DAY PARTY.PRCS/RBT CROWN CNTRSUBWAY 03322401 $ 10.00 02/16/2015 65025 FOODCERTIFICATE FOR THEME SKATE.PRCS/RBT CROWN CNTRSTARBUCKS #09559 EVANS $ 25.00 02/16/2015 65110 REC PROGRAM SUPPLIES GIFT CERTICATES FOR THEME SKATE.PRCS/RBT CROWN CNTRMCDONALD'S M6867 OF $ 15.00 02/16/2015 65110 REC PROGRAM SUPPLIES GIFT CERTIFICATES FOR THEME SKATE.PRCS/RBT CROWN CNTRDOLRTREE 673 00006734 $ 51.00 02/16/2015 65110 REC PROGRAM SUPPLIES PRE-K VALENTINE'S DAY PARTY SUPPLIES.PRCS/RBT CROWN CNTRMOBILE MINI $ 112.77 02/16/201565050 BUILDING MAINTENANCE MATERIALRENTAL COST FOR STORAGE POD.PRCS/RBT CROWN CNTRJEWEL #3487 $ 63.73 02/16/2015 65110 REC PROGRAM SUPPLIES SUPPLIES FOR THEME SKATE.PRCS/RBT CROWN CNTRPARTY TIME PALACE $ 149.80 02/16/2015 65110 REC PROGRAM SUPPLIES SUPPLIES FOR VALENTINES DAY PARTIES.PRCS/RBT CROWN CNTRWALGREENS #4218 $ 27.54 02/20/2015 65110 REC PROGRAM SUPPLIES REC PROGRAM SUPPLIESPRCS/RBT CROWN CNTRWALGREENS #4218 $ 58.79 02/20/2015 65110 REC PROGRAM SUPPLIES REC PROGRAM SUPPLIESPRCS/RBT CROWN CNTREVANSTON IMPRINTABLES $ 165.00 02/23/2015 65110 REC PROGRAM SUPPLIES BROOMBALL SHIRTSPRCS/RBT CROWN CNTRCERAMIC SUPPLY CHICAGO $ 186.53 02/23/2015 65110 REC PROGRAM SUPPLIES CLAY FOR POTTERY CLASSES.PRCS/RBT CROWN CNTREVANSTON IMPRINTABLES $ 492.00 02/23/2015 65020 CLOTHINGT-SHIRTSPRCS/RBT CROWN CNTR#02508 JEWEL $ 38.24 02/25/2015 65025 FOODCRAFT FOOD-PASTA/RICE/FOOD COLORPRCS/RBT CROWN CNTRGFS MKTPLC #1915 $ 35.88 02/25/2015 65025 FOODSNACKS FOR SCHOOL AGE PROGRAMS.PRCS/RBT CROWN CNTREVANSTON IMPRINTABLES $ 500.00 02/25/2015 65020 CLOTHINGT-SHIRTSFebruary 28, 2015Page 17 of 2466 of 722 Bank of America Credit Card Statement for the Period ending February 28, 2015PRCS/RBT CROWN CNTR TIFFIN METAL PRODUCTS $ 199.78 02/27/201565070 OFFICE/OTHER EQ TO MAINTN MATERIAL LOCKS AND KEYS FOR RENTAL LOCKERS.PRCS/RECREATION BRUNSWICK ZONE DEERF $ 168.00 02/02/2015 62507 FIELD TRIPS LANE RENTAL FEES FOR BOWLING PROGRAMPRCS/RECREATION PLUG N PAY INC $ 28.30 02/05/2015 62490 OTHER PROGRAM COSTS CREDIT CARD PROCESSING FEE FOR PROGRAM REGISTRATION ON WEBTRACPRCS/RECREATION PLUG N PAY INC $ 107.47 02/05/2015 62490 OTHER PROGRAM COSTS CREDIT CARD PROCESSING FEE FOR PROGRAM REGISTRATION ON WEBTRACPRCS/RECREATION ARC SERVICES/TRAINING $ 190.00 02/05/2015 62295 TRAINING & TRAVEL STAFF CPR/AED TRAININGPRCS/RECREATION ARC SERVICES/TRAINING $ 171.00 02/05/2015 62295 TRAINING & TRAVEL STAFF CPR/AED TRAININGPRCS/RECREATION ARC SERVICES/TRAINING $ 171.00 02/05/2015 62295 TRAINING & TRAVEL STAFF CPR/AED TRAININGPRCS/RECREATION BRUNSWICK ZONE DEERF $ 180.00 02/09/2015 62507 FIELD TRIPS LANE RENTAL FEE FOR BOWLING PROGRAMPRCS/RECREATION PETES FRESH MARKET $ 27.63 02/10/2015 65025 FOODNOODLES, BROTH FRUIT VEGETABLES AND CHICKEN FOR AFTER-SCHOOL COOKING PROGRAMPRCS/RECREATION FTD FTD.COM $ 72.50 02/11/2015 62490 OTHER PROGRAM COSTS MEMORIAL FLOWERS FOR THE CROWN FAMILYPRCS/RECREATION CITY OF EVANSTON PAY A $ 2.00 02/11/2015 62507 FIELD TRIPSPARKING METER AT MCGAW YMCA FOR SWIM PROGRAMSPRCS/RECREATIONARC SERVICES/TRAINING $ 216.00 02/12/2015 62295 TRAINING & TRAVELLIFEGUARD CERTIFICATIONS TRAININGPRCS/RECREATIONDOLRTREE 3649 00036491 $ 33.00 02/12/2015 65110 REC PROGRAM SUPPLIES MISC SUPPLIES- GROWING SUPPLIES FOR FARMERS' MARKETPRCS/RECREATIONBRUNSWICK ZONE DEERF $ 216.00 02/16/2015 62507 FIELD TRIPSLANE RENTAL FEE FOR BOWLING PROGRAMPRCS/RECREATIONPALOS SPORTS INC $ 35.00 02/23/2015 65110 REC PROGRAM SUPPLIES AWARD RIBBONS FOR SWIM MEETPRCS/RECREATIONTARGET 00009274 $ 25.00 02/23/2015 65110 REC PROGRAM SUPPLIES GIFT CARD FOR OFFICIAL AT SWIM MEETPRCS/RECREATIONBRUNSWICK ZONE DEERF $ 198.00 02/23/2015 62507 FIELD TRIPSLANE RENTALS FOR BOWLING PROGRAMPRCS/RECREATIONEVANSTON IMPRINTABLES $ 385.96 02/23/2015 65110 REC PROGRAM SUPPLIES SHIRTS FOR ATHLETES AT SWIM MEETPRCS/RECREATIONDD/BR #338026 Q35 $ 19.98 02/23/2015 65025 FOODSNACKS FOR SWIM MEETPRCS/RECREATIONJEWEL #3428 $ 39.82 02/24/2015 65025 FOODKETCHUP, EGGS, MILK, YOGURT, VEGETABLES, FRUIT FOR AFTER-SCHOOL COOKING PROGRAMPRCS/RECREATIONKARDWELL INTERNATIONAL $ 427.00 02/25/2015 65110 REC PROGRAM SUPPLIES LINK TOKENS FOR THE FARMERS' MARKETPRCS/RECREATIONCITY OF EVANSTON PAY A $ 2.00 02/25/2015 62507 FIELD TRIPSPARKING FEE AT MCGAW YMCA FOR SWIM PROGRAMPRCS/ROBERTCROWNIN RINKMUSIC INC. $ 995.00 02/11/2015 65110 REC PROGRAM SUPPLIES EQUIPMENT FOR MAIN RINK SOUND WIRING.PRCS/ROBERTCROWNUS FIGURE SKATING $ 13.00 02/12/2015 62360 MEMBERSHIP DUESMEMBERSHIPPRCS/ROBERTCROWNUS FIGURE SKATING $ 13.00 02/13/2015 62360 MEMBERSHIP DUESMEMBERSHIPPRCS/ROBERTCROWNIN RINKMUSIC INC. $ (995.00) 02/13/2015 65110 REC PROGRAM SUPPLIES REFUNDPRCS/ROBERTCROWNUS FIGURE SKATING $ 56.50 02/16/2015 62360 MEMBERSHIP DUESMEMBERSHIPPRCS/YOUTH ENGAGEMENTPEACE TAXI ASSOCIATES $ 7.45 02/02/2015 62295 TRAINING & TRAVELTRANSPORTATION FROM CHICAGO JOBS COUNCIL: JOB DEVELOPER ORIENTATIONPRCS/YOUTH ENGAGEMENTCTYCHGO PARKNG TICK $ 50.00 02/16/2015 62295 TRAINING & TRAVELYOUTH AND YOUNG ADULT OUTREACH PARKING/TRAVELFebruary 28, 2015Page 18 of 2467 of 722 Bank of America Credit Card Statement for the Period ending February 28, 2015PRCS/YOUTH ENGAGEMENT EVANSTON SIGNS AND GRA $ 30.00 02/18/2015 62205 ADVERTISING UPDATED MSYEP JOB FAIR BANNERPRCS/YOUTH ENGAGEMENT SUBWAY 03466141 $ 66.65 02/24/2015 65025 FOODWORKFORCE DEVELOPMENT MEETING WITH NORTHWESTERN UNIVERSITY DEPARTMENT OF FACILITIES.PUBLIC WORKS/ADMIN WORLDMARKET.COM $ 1,293.81 02/02/201565050 BUILDING MAINTENANCE MATERIAL FURNITURE/FIXTURES FOR CIVIC CENTER OFFICE RENOVATION.PUBLIC WORKS/ADMIN 200 W RANDOLPH SELF PA $ 37.00 02/02/2015 62295 TRAINING & TRAVELPARKING FOR MEETING/TRAINING.PUBLIC WORKS/ADMINEVANSTON BLUE PRINT $ 150.80 02/04/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALPRINTS FOR LADD PATH.PUBLIC WORKS/ADMINCHILI'S #409 $ 70.98 02/05/2015 62295 TRAINING & TRAVELLUNCH FOR MEETING AND TRAINING.PUBLIC WORKS/ADMINTHE HOME DEPOT 1902 $ 63.49 02/05/201565055 MATERIALS TO MAINTAIN IMPROVEMENTSMATERIAL FROM HOME DEPOT FOR REPAIRS.PUBLIC WORKS/ADMINMAGNATAGVISIBLESYSTEMS $ 56.23 02/09/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALEQUIPMENT FOR DEPARTMENT/OFFICE.PUBLIC WORKS/ADMINWORLDMARKET.COM $ (76.11) 02/09/201565050 BUILDING MAINTENANCE MATERIALREFUND ON TAX FOR PURCHASE OF FURNITURE/FIXTURES FOR CIVIC CENTER RENOVATION.PUBLIC WORKS/ADMINCITY OF EVANSTON-SH $ 2.00 02/16/2015 62295 TRAINING & TRAVELPARKING FOR MEETING.PUBLIC WORKS/ADMINAMERICAN PUBLIC WORKS $ 30.00 02/17/2015 62295 TRAINING & TRAVELDIVVY PROGRAM LUNCHEON ATTENDANCE FEE.PUBLIC WORKS/ADMINOFFICE DEPOT #510 $ 52.95 02/17/2015 62295 TRAINING & TRAVELSUPPLIES FOR PUBLIC WARD MEETING.PUBLIC WORKS/ADMINMALNATIS 22 $ 76.71 02/18/2015 62295 TRAINING & TRAVELLUNCH MEETING/TRAINING.PUBLIC WORKS/ADMINPARTY CITY $ 15.71 02/18/2015 62295 TRAINING & TRAVELSUPPLIES FOR PUBLIC WARD MEETING.PUBLIC WORKS/ADMINAMERICAN PUBLIC WORKS $ 450.00 02/24/2015 62295 TRAINING & TRAVELCITY AWARDS LUNCHEON AND REGISTRATION ATTENDEE FEE.PUBLIC WORKS/ADMINAMERICAN PUBLIC WORKS $ 35.00 02/24/2015 62295 TRAINING & TRAVELDIVVY BIKE PROGRAM REGISTRATION FEE.PUBLIC WORKS/ADMINDIXIE KITCHEN & BAIT S $ 25.49 02/26/2015 62295 TRAINING & TRAVELFOOD FOR LUNCH MEETING/TRAINING.PUBLIC WORKS/ADMINEVANSTON BLUE PRINT $ 134.70 02/27/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALPRINTS FOR DODGE AVE. BIKE LANE.PUBLIC WORKS/FLEETAMAZON MKTPLACE PMTS $ 234.45 02/02/2015 65085 MINOR EQUIP & TOOLS3 WELDING SCREENSPUBLIC WORKS/FLEETTP TOOLS & EQUIPMENT $ 61.95 02/02/2015 65090 SAFETY EQUIPMENTGLOVESPUBLIC WORKS/FLEETMENONI AND MOCOGNI $ 33.00 02/02/2015 65085 MINOR EQUIP & TOOLSSAND FOR SAND BLASTING MACHINEPUBLIC WORKS/FLEETNOR NORTHERN TOOL $ 22.88 02/02/2015 65090 SAFETY EQUIPMENTWELDING HELMET LENSESPUBLIC WORKS/FLEETIMPERIAL SUPPLIES $ 99.20 02/03/2015 65060 MATERIALS TO MAINTAIN AUTOS COTTER PINSPUBLIC WORKS/FLEETIMPERIAL SUPPLIES $ 206.41 02/04/2015 65060 MATERIALS TO MAINTAIN AUTOS TARP STRAPS AND WASHERSPUBLIC WORKS/FLEETIMPERIAL SUPPLIES $ 66.56 02/05/2015 65060 MATERIALS TO MAINTAIN AUTOS TANK VALVESPUBLIC WORKS/FLEETLEMOI ACE HARDWARE $ 10.32 02/06/2015 65060 MATERIALS TO MAINTAIN AUTOS #955 WASHERSPUBLIC WORKS/FLEETWW GRAINGER $ 49.72 02/06/2015 65085 MINOR EQUIP & TOOLSBALL STOPS FOR HOSE REELSPUBLIC WORKS/FLEETWW GRAINGER $ 279.72 02/06/2015 65085 MINOR EQUIPMENT AND TOOLS BOLT CUTTERS FOR SHOPPUBLIC WORKS/FLEETIL SOS VEHICLE POS $ 245.00 02/06/201565045 LICENSING/REGULATORY SUPPLIESNEW PLATES #571,623,613,524,529 AND TITLE FOR 713 AND 321February 28, 2015Page 19 of 2468 of 722 Bank of America Credit Card Statement for the Period ending February 28, 2015PUBLIC WORKS/FLEET IL SOS FORTE SERVICE F $ 5.76 02/06/201565045 LICENSING/REGULATORY SUPPLIES SERVICE FEE AT SECRETARY OF STATE FOR PLATES AND TITLEPUBLIC WORKS/FLEET IMPERIAL SUPPLIES $ 179.63 02/10/2015 65060 MATERIALS TO MAINTAIN AUTOS WIRE BRUSHES AND SNOW BRUSHESPUBLIC WORKS/FLEET AMAZON.COM $ 99.12 02/12/2015 65060 MATERIALS TO MAINTAIN AUTOS OIL DRIP PANS FIRE HOUSESPUBLIC WORKS/FLEET DIRECTLY YOURS $ 57.67 02/16/2015 65060 MATERIALS TO MAINTAIN AUTOS GAS CARD HOLDERSPUBLIC WORKS/FLEET AMAZON.COM $ (121.99) 02/16/2015 65085 MINOR EQUIP & TOOLS RETURN SLEDGE HAMMERSPUBLIC WORKS/FLEET AMAZON.COM $ (121.99) 02/16/2015 65085 MINOR EQUIPMENT AND TOOLS RETURN SLEDGE HAMMERSPUBLIC WORKS/FLEET AMAZON.COM $ 47.96 02/17/2015 65060 MATERIALS TO MAINTAIN AUTOS 4 TELESCOPING SNOW BRUSHESPUBLIC WORKS/FLEET AMAZON.COM $ 233.76 02/19/2015 65060 MATERIALS TO MAINTAIN AUTOS DIESEL 911PUBLIC WORKS/FLEET IL WEB PLATE RENEWAL $ 103.25 02/19/201565045 LICENSING/REGULATORY SUPPLIES LICENSE PLATE RENEWAL #444PUBLIC WORKS/FLEET DIRECTLY YOURS $ (4.76) 02/19/2015 65060 MATERIALS TO MAINTAIN AUTOS REFUND OF TAXPUBLIC WORKS/FLEET AMAZON.COM $ 189.00 02/20/2015 65060 MATERIALS TO MAINTAIN AUTOS POWER SERVICE CETANE BOOSTPUBLIC WORKS/FLEET AMAZON.COM $ 63.00 02/20/2015 65060 MATERIALS TO MAINTAIN AUTOS POWER SERVICE CETANE BOOST...BALANCE OF ORDERPUBLIC WORKS/FLEET LEMOI ACE HARDWARE $ 29.20 02/24/2015 65060 MATERIALS TO MAINTAIN AUTOS #604 INSTALLATION TOOLSPUBLIC WORKS/FLEET LEMOI ACE HARDWARE $ 7.40 02/25/2015 65060 MATERIALS TO MAINTAIN AUTOS #321 SPECIAL SIZES NUTS/BOLTSPUBLIC WORKS/FLEET LEMOI ACE HARDWARE $ 3.60 02/25/2015 65060 MATERIALS TO MAINTAIN AUTOS #634 BOLTS/WASHERSPUBLIC WORKS/FLEET IMPERIAL SUPPLIES $ 81.77 02/25/2015 65060 MATERIALS TO MAINTAIN AUTOS HOSE CLAMPSPUBLIC WORKS/FLEET IPASS AUTOREPLENISH #5 $ 40.00 02/25/2015 65060 MATERIALS TO MAINTAIN AUTOS I PASS REPLENISH POOL CARSPUBLIC WORKS/FLEET GLOVEAMERICA.COM $ 504.90 02/25/2015 65060 MATERIALS TO MAINTAIN AUTOS SAFETY GLOVESPUBLIC WORKS/FLEET NOR NORTHERN TOOL $ 66.13 02/26/2015 65085 MINOR EQUIPMENT AND TOOLS REPLACEMENT WHEELS FOR LIFTPUBLIC WORKS/ST&SANITATION REHRIG PACIFIC COMPANY $ 1,201.00 02/03/2015 65625 FURNITURES AND FIXTURES REHRIG PACIFIC DUMPSTERS.PUBLIC WORKS/ST&SANITATION REHRIG PACIFIC COMPANY $ 1,076.00 02/03/2015 65625 FURNITURES AND FIXTURES REHRIG PACIFIC DUMPSTERS.PUBLIC WORKS/ST&SANITATION THE HOME DEPOT 1902 $ 17.57 02/18/2015 65085 MINOR EQUIP & TOOLSHOME DEPOT HOPPER PLUGS FOR RECYCLING TRUCKS.PUBLIC WORKS/ST&SANITATIONTHE HOME DEPOT 1902 $ 111.00 02/02/2015 65085 MINOR EQUIP & TOOLSANCHORING SUPPLIES (BENCH INSTALLATIONS)PUBLIC WORKS/ST&SANITATIONCARQUEST 2759 $ 367.86 02/18/2015 65085 MINOR EQUIP & TOOLSJUMPER PACK (STREETS USE)PUBLIC WORKS/ST&SANITATIONU OF IL ONLINE PAYMENT $ 80.00 02/23/2015 62295 TRAINING & TRAVELCOMMERCIAL PESTICIDE CERTIFICATION/TRAININGPUBLIC WORKS/ST&SANITATIONU OF IL ONLINE PAYMENT $ 160.00 02/25/2015 62295 TRAINING & TRAVELCOMMERCIAL PESTICIDE CERTIFICATIONPUBLIC WORKS/ST&SANITATIONU OF IL ONLINE PAYMENT $ 40.00 02/26/2015 62295 TRAINING & TRAVELCOMMERCIAL PESTICIDE CERTIFICATION/TRAINING.PUBLIC WORKS/ST&SANITATIONFEDEXOFFICE 00036053 $ 107.82 02/27/2015 65095 OFFICE SUPPLIESLAMINATING SERVICES (FIELD MAPS).PUBLIC WORKS/ST&SANITATIONTRAFFIC CONTROL AND PR $ 312.00 02/02/2015 65115 TRAFFIC CONTROL SUPPLIES BOLLARDS PARTS BIKE LANE MATERIALS (SIGNS)February 28, 2015Page 20 of 2469 of 722 Bank of America Credit Card Statement for the Period ending February 28, 2015PUBLIC WORKS/ST&SANITATION ROADSAFE 1001 $ 161.74 02/06/2015 65115 TRAFFIC CONTROL SUPPLIES PURCHASE FOR SIGNS.PUBLIC WORKS/ST&SANITATION ROADSAFE 1001 $ 416.25 02/16/2015 65115 TRAFFIC CONTROL SUPPLIES PURCHASE FOR SIGNS.PUBLIC WORKS/ST&SANITATION FEDEXOFFICE 00036053 $ 661.50 02/18/2015 65095 OFFICE SUPPLIES DOCUMENTS AND SUPPLIES FOR LADD ARBORETUM MEETING.PUBLIC WORKS/ST&SANITATION JEWEL #3456 $ 16.34 02/18/2015 62295 TRAINING & TRAVELFOOD FOR SAFETY MEETING.PUBLIC WORKS/ST&SANITATIONDUNKIN #306178 Q35 $ 134.93 02/18/2015 62295 TRAINING & TRAVELFOOD FOR SAFETY MEETING/TRAINING.PUBLIC WORKS/ST&SANITATIONOFFICE DEPOT #510 $ 23.99 02/18/2015 65095 OFFICE SUPPLIESOFFICE SUPPLIES.PUBLIC WORKS/ST&SANITATIONOFFICE DEPOT #510 $ 11.97 02/18/2015 65095 OFFICE SUPPLIESPURCHASE FOR OFFICE SUPPLIES.PUBLIC WORKS/ST&SANITATIONSAF-T-GARD INTERNATION $ 388.50 02/18/2015 65090 SAFETY EQUIPMENTSAFETY VESTS FOR STAFF.PUBLIC WORKS/ST&SANITATIONJT INDUSTRIES 00 OF 00 $ 475.00 02/19/2015 65115 TRAFFIC CONTROL SUPPLIES NUTS AND BOLTS FOR SIGNAGE.PUBLIC WORKS/ST&SANITATIONPARTY CITY $ 14.38 02/19/2015 65095 OFFICE SUPPLIESSUPPLIES FOR PUBLIC MEETING.PUBLIC WORKS/TRANSSQ MIDWEST ENVIRONMEN $ 593.52 02/03/201565050 BUILDING MAINTENANCE MATERIALFILTER, GASKET AND ELECTRODE REPLACEMENT FOR CIVIC CENTER REPAIRS/UPKEEP.PUBLIC WORKS/TRANSSTANDARD PIPE $ 51.69 02/03/201565050 BUILDING MAINTENANCE MATERIALREPAIR PARTS AND SUPPLIES FOR CROWN CENTER.PUBLIC WORKS/TRANSLEMOI ACE HARDWARE $ 33.98 02/05/201565050 BUILDING MAINTENANCE MATERIALPROPANE AND TORCH FOR CIVIC CENTER UPKEEP.PUBLIC WORKS/TRANSELEMENTAL LED INC $ 1,108.81 02/18/201565050 BUILDING MAINTENANCE MATERIALLED LIGHTS AND TRIM PLATES FOR BUILDING MAINTENANCE.PUBLIC WORKS/TRANSAMAZON MKTPLACE PMTS $ 498.00 02/02/2015 62225 BLDG MAINT SVCSBOOCOO/CHURCH STREET HAND DRYER.PUBLIC WORKS/TRANSTRAFFIC CONTROL AND PR $ 224.25 02/06/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALPEDESTRIAN SIGNAL CROSSING SIGNS.PUBLIC WORKS/TRANSBLACKBURN MANUFACTURIN $ 343.60 02/10/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALUTILITY MARKINGS FLAGS.PUBLIC WORKS/TRANSPATTEN ELMHURST POWER $ 1,499.00 02/12/2015 62245 AUTOMOTIVE EQ MAINT LEVY GENERATOR PMPUBLIC WORKS/TRANSTHE HOME DEPOT 1902 $ 51.94 02/16/2015 65095 OFFICE SUPPLIESOFFICE SUPPLIES--BATTERIES.PUBLIC WORKS/TRANSPURE ELECTRIC $ 478.00 02/16/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALSTREET LIGHT BULBS AND BARREL SPLICES.PUBLIC WORKS/TRANSTHE HOME DEPOT 1902 $ 1,007.67 02/18/2015 65085 MINOR EQUIP & TOOLSNEW TOOLS FOR NEW CARPENTER.PUBLIC WORKS/TRANSPAYPAL BROWNTRAFFI $ 20.00 02/19/2015 62295 TRAINING & TRAVELBROWN TRAFFIC PRODUCTS USERS GROUP TRAINING.PUBLIC WORKS/TRANSBLACKBURN MANUFACTURIN $ 1,343.52 02/24/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALUTILITY MARKING PAINT.PUBLIC WORKS/TRANS1030 EFENGEE $ 1,414.80 02/25/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALTRAFFIC SIGNAL BULBS.UTILITIES/ADMINDOWNTOWN EVANSTON $ 102.00 02/02/2015 65515 OTHER IMPROVEMENTSGIFT CARD FOR ORRINGTON ALLEY RESIDENTS DISPLACED DUE TO WATER MAIN/SEWER WORK.UTILITIES/ADMINHILTON GARDEN INN EVAN $ 306.46 02/02/2015 65515 OTHER IMPROVEMENTSHOTEL ACCOMMODATIONS FOR ORRINGTON ALLEY RESIDENTS DISPLACED DUE TO WATER MAIN/SEWER WORK.UTILITIES/ADMINHILTON GARDEN INN EVAN $ 13.00 02/02/2015 65515 OTHER IMPROVEMENTSSERVICE FEE FOR HOTEL ACCOMMODATIONS FOR DISPLACED ORRINGTON ALLEY RESIDENTS.UTILITIES/ADMINEVANSTON IMPRINTABLES $ 242.60 02/12/2015 62295 TRAINING & TRAVELTWILL CAPS FOR EMPLOYEES WHO WORKED ON THE 2014 ISAWWA WATER SAVER UTILITY AWARD.UTILITIES/ADMINAMERICAN WATER WORKS A $ 150.00 02/17/2015 62295 TRAINING & TRAVELREGISTRATION FOR WATERCON2015 CONFERENCE IN SPRINGFIELD, ILLINOIS.February 28, 2015Page 21 of 2470 of 722 Bank of America Credit Card Statement for the Period ending February 28, 2015UTILITIES/ADMIN PANERA BREAD #600645 $ 102.16 02/23/2015 62295 TRAINING & TRAVEL LUNCHEON MEETING WITH PUBLIC WORKS AND ENGINEERING.UTILITIES/DIST WWW.SHOPBACKFLOW.COM $ 285.00 02/09/2015 62245 OTHER EQ MAINT BACKFLOW TESTER.UTILITIES/DIST IN MSFGRAPHICS $ 138.00 02/09/2015 62210 PRINTING BLUE HANGING SERVICE CARDS.UTILITIES/DIST THE HOME DEPOT 1902 $ 149.91 02/18/2015 65085 MINOR EQUIP & TOOLS BLOW TORCHES.UTILITIES/DIST PAYPAL ELGINWATERC $ 100.00 02/19/2015 62295 TRAINING & TRAVEL ELGIN WATER CONDITIONERS TRAINING CLASS.UTILITIES/DIST HD SUPPLY WATERWORKS 4 $ 580.00 02/19/201565055 MATERIALS TO MAINTAIN IMPROVEMENTS STOCK BOLTS.UTILITIES/DIST O'LEARY'S CONTRACTORS $ 195.00 02/20/2015 65085 MINOR EQUIP & TOOLSLONG HANDLE TILE SPADES.UTILITIES/DISTTHE HOME DEPOT 1902 $ 290.69 02/23/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALMETER WORKERS SUPPLIES.UTILITIES/FILTRATIONEREPLACEMENTPARTS.COM $ 27.06 02/02/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALGRINDER TOOL GUARD.UTILITIES/FILTRATIONWW GRAINGER $ 112.11 02/02/2015 65040 JANITORIAL SUPPLIESRATCHET TOOL AND SOAP.UTILITIES/FILTRATIONMCMASTER-CARR $ 60.04 02/02/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALSTAINLESS STEEL PIPE FITTINGS.UTILITIES/FILTRATIONWW GRAINGER $ 128.78 02/04/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALGLOVES AND ELECTRICAL SUPPLIES.UTILITIES/FILTRATIONUPS 000000X887V9055 $ 14.43 02/04/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALSHIPPING CHARGE FOR THE GAUGE REPAIR.UTILITIES/FILTRATIONWW GRAINGER $ 316.72 02/05/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALAIR HANDLING FILTERS AND WRENCH TOOL.UTILITIES/FILTRATIONCITY WELDING SALES AND $ 22.77 02/10/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALWELDING GAS.UTILITIES/FILTRATIONULINE SHIP SUPPLIES $ 782.26 02/11/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALSTORAGE CABINET FOR ELECTRONIC ROOM.UTILITIES/FILTRATIONMASTER GAUGE COMPANY $ 240.00 02/12/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALGAUGE REBUILD.UTILITIES/FILTRATIONAMAZON MKTPLACE PMTS $ 62.89 02/12/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALSTAINLESS STEEL PIPE FITTINGS.UTILITIES/FILTRATIONDREISILKER ELEC MOT $ 423.90 02/12/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALUNIT HEATER MOTORS.UTILITIES/FILTRATIONTHE HOME DEPOT 1902 $ 83.93 02/12/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALWIRE MESH AND BOLTS.UTILITIES/FILTRATIONWW GRAINGER $ 113.82 02/13/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALBELTS AND CONDUIT FITTINGS.UTILITIES/FILTRATIONPURE ELECTRIC $ 148.12 02/13/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALELECTRICAL BOX COVERS.UTILITIES/FILTRATIONB&H PHOTO, 800-606-696 $ 63.18 02/13/2015 65515 OTHER IMPROVEMENTS SECURITY CAMERA CABLES.UTILITIES/FILTRATIONUPS 000000X887V9075 $ 32.29 02/17/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALSHIPPING FOR GAUGE REPAIR.UTILITIES/FILTRATIONMCMASTER-CARR $ 285.77 02/19/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALVACUUM BREAKERS AND TUBING.UTILITIES/FILTRATIONWESTWAY ELECTRIC SUPPL $ 241.47 02/20/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALELECTRICAL BOXES.UTILITIES/FILTRATIONWW GRAINGER $ 119.20 02/23/2015 65085 MINOR EQUIP & TOOLSANGLE GRINDER AND GLOVE LINERS.UTILITIES/FILTRATIONUPS 000000X887V9085 $ 16.33 02/24/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALSHIPPING FOR GAUGE REPAIR.UTILITIES/FILTRATIONINTERSTATE ALL BATTERY $ 143.35 02/26/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALSKIDSTEER BATTERY.February 28, 2015Page 22 of 2471 of 722 Bank of America Credit Card Statement for the Period ending February 28, 2015UTILITIES/FILTRATION AIR ONE EQUIPMENT INC $ 100.00 02/27/2015 65090 SAFETY EQUIPMENTSCBA TESTING ADAPTER.UTILITIES/FILTRATIONHAWKINS INC $ 1,057.26 02/04/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALCHLORINATOR PARTS.UTILITIES/FILTRATIONCINTAS 60A SAP $ 105.19 02/10/2015 65075 MEDICAL & LAB SUPPLIES FIRST AID SUPPLIES.UTILITIES/FILTRATIONFULLIFE SAFETY $ 742.00 02/12/2015 62245 OTHER EQ MAINTOVERHAUL FALL PROTECTION DEVICE.UTILITIES/FILTRATIONAAA LOCK AND KEY $ 19.60 02/13/201565050 BUILDING MAINTENANCE MATERIALKEY COPIES.UTILITIES/FILTRATIONHAWKINS INC $ 412.02 02/13/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALREPLACEMENT CHLORINATOR ROTAMETER.UTILITIES/FILTRATIONAMERICAN WATER WORKS A $ 32.00 02/20/2015 62295 TRAINING & TRAVELISAWWA SEMINAR FOR THE WATER PLANT OPERATOR: SCADA 101.UTILITIES/FILTRATIONAMERICAN WATER WORKS A $ 32.00 02/20/2015 62295 TRAINING & TRAVELISAWWA SEMINAR FOR THE WATER PLANT OPERATOR: UPGRADES TO THE SOUTH WATER PURIFICATION PLANT.UTILITIES/FILTRATIONSMARTSIGN $ 37.90 02/25/201565050 BUILDING MAINTENANCE MATERIALSAFETY SIGN.UTILITIES/FILTRATIONFIREFOLD $ 38.13 02/27/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALHDMI COMMUNICATION CABLE.UTILITIES/FILTRATIONVWR INTERNATIONAL INC $ 61.60 02/02/2015 65075 MEDICAL & LAB SUPPLIES BIO-HAZARD BAGS FOR AUTOCLAVE.UTILITIES/FILTRATIONCERTIFIED BALANCE & SC $ 389.00 02/06/2015 65075 MEDICAL & LAB SUPPLIES YEARLY CLEANING AND CALIBRATION OF BALANCES AND BOD METER.UTILITIES/FILTRATIONAMERICAN WATER WORKS A $ 225.00 02/09/2015 62295 TRAINING & TRAVELREGISTRATION FOR THE ANNUAL WATERCON2015 CONFERENCE IN SPRINGFIELD, IL.UTILITIES/PUMPINGWW GRAINGER $ 723.68 02/04/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALBACKFLOW PREVENTION SUPPLIES.UTILITIES/PUMPINGHAWKINS INC $ 397.66 02/04/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALCHLORINATOR REBUILD KITS.UTILITIES/PUMPINGHAWKINS INC $ 822.51 02/04/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALCHLORINATOR REBUILD KITS.UTILITIES/PUMPINGHAWKINS INC $ 411.03 02/04/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALCHLORINE INJECTOR PARTS.UTILITIES/PUMPINGHAWKINS INC $ 811.24 02/04/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALCHLORINE INJECTOR PARTS.UTILITIES/PUMPINGAMERICAN WATER WORKS A $ 58.00 02/04/2015 62295 TRAINING & TRAVELISAWWA SEMINAR FOR THE WATER PLANT OPERATOR: WASTEWATER MICROSCOPY.UTILITIES/PUMPINGJC LICHT $ 316.36 02/05/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALPAINT FOR THE CLASSROOM REMODEL.UTILITIES/PUMPINGAUTOMATIONDIRECT.COM $ 224.00 02/10/201565070 OFFICE/OTHER EQ TO MAINTN MATERIAL24VDC POWER SUPPLIES.UTILITIES/PUMPINGDREISILKER ELEC MOT $ 1,270.00 02/10/2015 62245 OTHER EQ MAINTCLEAN, TEST AND VARNISH HIGH LIFT PUMP #5 MOTOR.UTILITIES/PUMPINGWW GRAINGER $ 959.44 02/10/2015 65040 JANITORIAL SUPPLIESJANITORIAL SUPPLIES FOR THE SERVICE BUILDING.UTILITIES/PUMPINGWW GRAINGER $ 208.31 02/11/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALARC FLASH SHIELD AND HARD HATS.UTILITIES/PUMPINGMR.CHAIN $ 268.44 02/11/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALBARRIERS FOR ELECTRICAL WORK.UTILITIES/PUMPINGGATE HOUSE SUPPLIES $ 236.67 02/11/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALGATE REMOTE TRANSMITTERS.UTILITIES/PUMPINGAMERICAN WATER WORKS A $ 225.00 02/12/2015 62295 TRAINING & TRAVELREGISTRATION FOR WATERCON2015 CONFERENCE IN SPRINGFIELD, IL.UTILITIES/PUMPINGSENSORCONNE $ 416.61 02/13/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALPYROMETER FOR 500 KW GENERATOR.UTILITIES/PUMPINGPK SAFETY SUPPLY $ 525.00 02/16/201565070 OFFICE/OTHER EQ TO MAINTN MATERIALNEW GAS DETECTOR FOR CONFINED SPACE.February 28, 2015Page 23 of 2472 of 722 Bank of America Credit Card Statement for the Period ending February 28, 2015UTILITIES/PUMPING AMAZON MKTPLACE PMTS $ 292.00 02/16/201565070 OFFICE/OTHER EQ TO MAINTN MATERIAL WHITEBOARDS FOR THE CLASSROOM REMODEL.UTILITIES/PUMPING AUTOMATIONDIRECT.COM $ 207.00 02/17/201565070 OFFICE/OTHER EQ TO MAINTN MATERIAL FUSES AND FUSE HOLDERS.UTILITIES/PUMPING WW GRAINGER $ 127.75 02/17/2015 65035 PETROLEUM PRODUCTS SILICONE OIL GASKET.UTILITIES/PUMPING DIESELFILTERS $ 309.72 02/19/2015 65035 PETROLEUM PRODUCTS CRANKCASE FILTER ELEMENTS.UTILITIES/PUMPING WW GRAINGER $ 105.27 02/20/2015 65035 PETROLEUM PRODUCTS GREASE GUN, AND OIL FILTER FITTINGS.UTILITIES/PUMPING SAFETYSIGN.COM $ 183.74 02/23/201565070 OFFICE/OTHER EQ TO MAINTN MATERIAL NEW WARMING SIGNS FOR REMOTE TANKS.UTILITIES/PUMPING WW GRAINGER $ 120.66 02/25/201565070 OFFICE/OTHER EQ TO MAINTN MATERIAL MISCELLANEOUS SUPPLIES.UTILITIES/PUMPING WW GRAINGER $ 605.87 02/25/201565070 OFFICE/OTHER EQ TO MAINTN MATERIAL MISCELLANEOUS SUPPLIES.UTILITIES/PUMPING JC LICHT #1252 $ 91.98 02/27/201565070 OFFICE/OTHER EQ TO MAINTN MATERIAL PAINT FOR THE CLASSROOM REMODEL.UTILITIES/SEWER COLE INC $ 120.00 02/09/2015 62295 TRAINING & TRAVEL PUMPER CLEANER SHOW & EXPO REGISTRATION.UTILITIES/SEWER CENTRAL PARTS WAREHOUS $ 230.38 02/23/201565070 OFFICE/OTHER EQ TO MAINTN MATERIAL SALT SPREADER VIBRATOR.UTILITIES/SEWER GIH GLOBALINDUSTRIALEQ $ 25.35 02/24/201565070 OFFICE/OTHER EQ TO MAINTN MATERIAL BARRING FOR THE SALT SPREADER.UTILITIES/SEWER NSC NORTHERN SAFETY CO $ 809.31 02/25/2015 65090 SAFETY EQUIPMENT GLOVES, HARD HAT, AND GLASSES.UTILITIES/SEWER EXXONMOBIL 97697122 $ 40.25 02/27/2015 62295 TRAINING & TRAVELGAS TO TRAVEL TO THE PUMPER CLEANER SHOW & EXPO IN INDIANAPOLIS, INDIANA.UTILITIES/SEWER CROWNE PLAZA RESERVATI $ 472.14 02/27/2015 62295 TRAINING & TRAVELHOTEL ACCOMMODATIONS FOR THE PUMPER CLEANER SHOW & EXPO IN INDIANA.ALL OTHER TOTAL $ 115,676.51 February 28, 2015Page 24 of 2473 of 722 For City Council meeting of April 13, 2015 Item A3.1 Business of the City by Motion: Lakefront Concession Award For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Joseph McRae, Director, Parks, Recreation & Community Services Bob Dorneker, Assistant Director, Park and Recreation Subject: Approval of the Contract with Krave LLC to Operate Concessions at the Evanston Lakefront Date: April 1, 2015 Recommended Action: Staff recommends City Council authorize the City Manager to execute the contract between the City of Evanston and Krave LLC for the Church and Clark Street food & drink stand and the lakefront mobile concessions (Lighthouse, Clark St., Greenwood St., South Blvd. and Lee Street) for the 2015 season. Krave LLC is owned by Evanston resident Rachelle Ross, whose office is located at 710 Madison Street, Evanston, Illinois 60202. Funding Source: Krave LLC will pay the City $14,500 for the privilege of the 2015 permit. In 2014 they paid the reduced amount of $11,500 for the permit because the Church Street stand was not available due to the construction project at the Arrington Lagoon. There is an option to renew for 2016, which makes the total contract value $29,000. Revenue is budgeted in Business Unit 3080.53565 Lakefront Operations. Summary: Term of the contract is for one year and will be based on a mutual option to renew for one additional year. The lakefront mobile and Clark Street concession permit is from May 23, 2015 through September 7, 2015. The Church Street Food & Drink Stand permit is from May 1, 2015 through October 31, 2015. Krave, LLC proposes to operate the Clark Street Beach and Mobile Lakefront Concessions daily from 11:30 am to 6:00 pm and the Church Street location on weekdays from 11:00am to 6:30pm and weekends from 10:00 am to 7:00 pm, weather permitting. The vendor must minimally provide the following items for sale: snack goods (i.e., potato chips, candy bars and pretzels), ice cream, candy, water, soft drinks, and hot food, such as hot dogs. Also, in an effort to promote healthy lifestyle choices, the Memorandum 74 of 722 Parks, Recreation and Community Services Department staff has encouraged the concessionaire to provide several healthy foods and drink options, as well. • RFP 15-17 Proposals were solicited for the Church and Clark Street Food & Drink Stand and the Lakefront Mobile Concessions. The request was sent to potential respondents and advertised on Demand Star. A pre-bid conference was held and proposals were due on March 24, 2015. The only proposal received was from Krave LLC. Krave was first awarded the Lakefront Concession permit in 2009 and they have provided good services since first being awarded the permit. Additionally, Krave LLC hires Evanston youth and young adults and participates in the Mayor’s Summer Youth Employment Program. Attachment: Contract Agreement with Krave LLC . 75 of 722 76 of 722 77 of 722 78 of 722 79 of 722 80 of 722 81 of 722 82 of 722 83 of 722 84 of 722 85 of 722 For City Council meeting of April 13, 2015 Item A3.2 Business of the City by Motion: NIPSTA Membership Dues For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Greg Klaiber, Fire Chief Suzette Robinson, Director of Public Works Subject: Northeastern Illinois Public Safety Training Academy (NIPSTA) 2015 Membership Dues Date: April 1, 2015 Recommended Action: Staff recommends City Council approval for payment of the 2015 Fire and Public Works NIPSTA membership fees in the amount of $23,545.00. Funding Source: Funding for this membership is budgeted under the Fire Department line-item account 100.23.2305.62360 for both the Fire and Public Works Departments. Summary: NIPSTA stands for Northeastern Illinois Public Safety Training Academy and is a regional training facility built in Glenview on the grounds of the old Glenview Naval Air Station. Its current members consist of 25 local municipalities and 7 non-government agencies (i.e. Oakton Community College, IRMA, and Lutheran General Hospital). The Fire and Public Works Departments request to continue our membership with NIPSTA. The City of Evanston became a member in 2006 and has used many of the training opportunities and services they offer. For 2015, our membership will be $1497 less than the 2011cost, because we have been members for over five consecutive years. NIPSTA provides a variety of training programs such as: • Candidate Physical Agility Testing (CPAT) • Winter Fire Academy • Snow Plow Driver’s Training Memorandum 86 of 722 • Fire/Police Driver’s Simulator • Public Works Supervisor Training • Back Injury Prevention • Crime Scene Forensic Police Training Laboratory • Major Crime Evidence Examination Area • Storage for Fire & Police Shared Emergency Units • Fire, Technical Rescue & HazMat Training Props • Centralizes National Incident Management System (NIMS) Training for Region • Regionalization allows for municipalities to share costs for major presentations As a result of these types of services/activities, we realize other tangible and intangible savings. For example, as a result of having a winter fire academy, we are able to process new firefighters in the winter instead of waiting three months for the spring academy saving the City money in overtime costs. NIPSTA is the only place that has a concrete driving pad for Snow Plow Driver Training. NIPSTA is able to host large class sizes, and they held many of the mandatory NIMS Training courses which saved the City travel expenses by hosting the classes in Glenview. NIMS classes were attended by Fire, Police and Public Work Employees at no cost to the City. In addition, all the other classes taken by both Fire Department and Public Works employees are located in Glenview and provide saving in travel costs as well. Both the Fire & Police Departments have shared regional resources that are housed at NIPSTA. NIPSTA is able to accommodate very large vehicles in a heated facility year round while allowing for 24/7 access for emergency call outs. These vehicles include the MABAS Division III Communication Vehicle, NIPAS Bear, Command Unit and Armored Vehicle, Red Cross Emergency Response Unit, NORTAF Vehicles, Urban Search & Rescue Vehicles (for State & Federal Call-Out) and others. Public Works has also taken advantage of NISPTA. Public Works has used the programs for driver training, flaggers, construction and OSHA training, public works supervisory academy training and back safety for public work employees. Most of NIPSTA’s financial support is from its membership dues. If it were not for communities supporting this facility, these type of training opportunities, services and regional opportunities would not available locally or at all (i.e. Snow Plow Driver’s Training, technical rescue debris pile, vehicle resources within miles of Evanston). Staff from the Fire Department and Public Works met to carefully review all options in its recommendation to continue our membership with NIPSTA. Staff feels that the regional training concept is important to support and the tangible and intangible savings as well as benefits are significant. It is our recommendation that Council approves the continuation of this membership to NIPSTA. 87 of 722 88 of 722 89 of 722 For City Council meeting of April 13, 2015 Item A3.3 Business of the City by Motion: Rehabilitation of Water Plant 1914 & 1924 Clearwells 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 of Construction & Field Services Subject: Engineering Services for Rehabilitation of Water Plant 1914 and 1924 Clearwells (RFP 15-20) Date: March 18, 2015 Recommended Action: Staff recommends City Council authorize the City Manager to execute an agreement for the Engineering Services for Rehabilitation of Water Plant 1914 and 1924 Clearwells (RFP 15-20) with CDM Smith (125 South Wacker Drive, Suite 600, Chicago, IL) in the not-to-exceed amount of $76,719.00. Funding Source: Funding will be from the Water Fund (Account No. 513.71.7330.62140 - 733128). Finished water storage improvements are budgeted at $2,000,000 for FY 2015. Of the initial budget for FY 2015, $1,348,500 remains for this and other projects. Background: The City of Evanston has eight clearwells located under the filters inside the water treatment plant which hold a total of 4.4 MG of finished water. The clearwells were constructed in phases, from 1914 to 1964. In 2010, CTL performed an inspection of the 1914 clearwells. That study determined that significant concrete repair work would be needed within the near future. These repairs have not yet been completed. The clearwells will need to be taken out of service to complete this work. In 2014, an inspection of the 1924 clearwell showed only minimal interior cracking. However, some larger cracks remain at the construction joints visible from inside the treatment plant corridors and pipe galleries. Memorandum 90 of 722 In 2014, CDM Smith completed a study indicating that the 1914 and 1924 clearwells should be repaired in 2015 so that the 1934 reservoir could be taken out of service and replaced beginning in 2016. The clearwells must be back in service prior to beginning work on the reservoir replacement. The scope of work for this contract is for an engineering firm to complete contract documents for the repair of cracks in the concrete of the 1914 and 1924 clearwells. It also includes construction observation services. Analysis: The Request for Proposal (RFP) was advertised on Demandstar and in the Chicago Tribune. Proposals were received on March 3, 2015. A total of four proposals were received as summarized below. Vendor Information Vendor Address CDM Smith Inc. 125 S. Wacker Drive, Suite 600, Chicago, IL CTL Group 5400 Old Orchard Road, Skokie, IL Greeley & Hansen LLC 100 S. Wacker Drive, Suite 1400, Chicago, IL Horner & Shifrin, Inc. 401 S. 18th Street, Suite 400, St. Louis, MO The pricing of the proposals received is as follows: Proposed Pricing Information Vendor Price CDM Smith Inc. $ 76,719.00 Greeley & Hansen LLC $ 86,500.00 Horner & Shifrin, Inc. $ 88,999.33 CTL Group $113,540.00 The proposals were reviewed by: • Lara Biggs, Superintendent – Construction & Field Services • JacQuera Calvert, Purchasing Specialist • Tim Gray, Filtration Supervisor • Kevin Lookis, Superintendent – Water Production • David Stoneback, Utilities Director • Kevin Zeoli, Division Chief - Filtration The averaged scoring of the proposals was as follows: 91 of 722 Selection Criteria Max Pts CDM Smith CTL Group Greeley & Hansen H&S Firm Qualifications/Experience 10 9 10 8 6 Team/Project Mgr Quals/Exp 15 14 14 10 9 Project Approach 20 18 18 16 14 Cost 25 25 13 22 21 Completeness of Proposal 10 10 10 10 9 Willingness to Execute Agreement 10 10 10 10 10 M/W/EBE Participation 10 9 9 9 10 TOTALS 100 95 84 85 79 All four consulting firms submitted good proposals. However, CDM Smith demonstrated good qualifications and was the least expensive. CDM Smith has done numerous projects for the City of Evanston, including an initial assessment of the structural condition of the 1934 reservoir and the treated water storage study. The quality of their work has been good. CDM is proposing to comply with the City’s M/W/EBE goals. A memo reviewing compliance with the City of Evanston M/W/EBE program is attached. Attachments: Draft Agreement with CDM Smith Memo on Compliance with the M/W/EBE Program 92 of 722 93 of 722 94 of 722 95 of 722 96 of 722 97 of 722 98 of 722 99 of 722 100 of 722 101 of 722 102 of 722 103 of 722 104 of 722 105 of 722 RFP 15-20, Engineering Services for Rehabilitation of Water Plant 1914 and 1924 Clearwells, M/W/EBE Memo, 04.13.2015 To: Dave Stoneback, Director of Utilities Lara Biggs, Superintendent of Construction & Field Services From: Tammi Turner, Purchasing Manager Subject: RFP 15-20, Recommendation for Engineering Services for Rehabilitation of Water Plant 1914 and 1924 Clearwells Date: April 13, 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 RFP 15-20, Engineering Services for Rehabilitation of Water Plant 1914 and 1924 Clearwells, CDM Smith is found to be in initial compliance with the MWEBE goal. CDM Smith total proposed amount is $76,719.00, and will receive a 25% credit. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE ABNA of Illinois, Inc. Construction Inspector/ Design Eng. $19,570 25.49 X Total M/W/EBE $19,570 25% Cc: Martin Lyons, Assistant City Manager/CFO Memorandum 106 of 722 For City Council meeting of April 13, 2015 Item A3.4 Business of the City by Motion: 2015 Animal Shelter Roof Replacement 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 Maintenance and Operations Sean Ciolek, Facilities Manager Anil Khatkhate, Project Manager Subject: Contract Award Recommendation to Filotto Construction, Inc., for 2015 Animal Shelter Roof Replacement Date: April 13, 2015 Recommended Action: Staff recommends City Council authorize the City Manager to execute a contract for the 2015 Animal Shelter Roof Replacement project with Filotto Construction, Inc. located at 2111 Oakland Avenue, Crest Hill, Illinois 60403, in the amount of $21,100.00. Funding Source: Animal Shelter Renovations (416435.65510). Summary: Staff at the animal shelter has experienced roof leakage within the past two years. Temporary repairs were made to address the leaks; however, after complete inspection of the roof, it was discovered that the asphalt shingles have deteriorated, the gutters were leaking and the downspouts had open seams. Complete roof replacement is necessary to prevent further leakage into the building and water damage to walls. Staff has prepared bid documents for the replacement of the roofing system. Advertisement for bid was published on February 26th and bids were received on March 24th. The City received the following bids. Contractor Bid Filotto Construction, Inc, Crest Hill, IL $21,100.00 New Edge Improvement Co., Chicago, IL $21,577.00 G. A. Johnson & Son, Evanston, IL $49,880.00 All American Exterior Solutions, Lake Zurich, IL. $22,975.00 Memorandum 107 of 722 Staff recommends that the contract be awarded to Filotto Construction, Inc. for a total amount of $ 21,100.00. A breakdown of funding for this project is as follows: Account Summary Project Funding $120,000.00 Encumbrances / expenditures to date -$100.00 Recommended bid award -$21,100.00 Balance Remaining $98,800.00 This project is scheduled to be performed in May. Attachments: Bid Tab M/W/EBE Memo 108 of 722 City of Evanston Bid Number: 15-11 Bid Opening: 2:00 p.m., Tuesday, March 24, 2015, Room 2404, Lorraine H. Morton Civic Center, 2100 Ridge Ave., Evanston, IL 60201 Company Name City/State Total Base Bid Price Filotto Construction Crest Hill, IL $21,100.00 New Edge Improvement Chicago, IL $21,577.00 G. A. Johnson & Son Evanston, IL $49,880.00 All American Exterior Solutions Lake Zurich, IL $22,975.00 2015 Animal Shelter Roof Replacement 109 of 722 Bid 15-11, 2015 Animal Shelter Roof Replacement, M/W/EBE Memo, 04.13.2015 To: Suzette Robinson, Director of Public Works James Maiworm, Assistant Director of Maintenance and Operations Sean Ciolek, Operations & Maintenance Manager-Facilities From: Tammi Turner, Purchasing Manager Subject: Bid 15-11, 2015 Animal Shelter Roof Replacement Date: April 13, 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 has established a 25% MWEBE subcontracting participation goal for general contractors. With regard to 2015 Animal Shelter Roof Replacement, in the base bid amount of $21,100, the primary contractor Filotto Construction, Inc., has subcontracted the following: Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Garth Building Products & Services Roofing Materials $5,322 25 X X Total M/W/EBE $5,322 25% Filotto Construction, Inc., total bid amount is $21,100, and will receive a credit for 25% MWEBE participation. Cc: Martin Lyons, Assistant City Manager/CFO Memorandum 110 of 722 For City Council meeting of April 13, 2015 Item A3.5 Business of the City by Motion: 2015 MFT Street Resurfacing Contract 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: 2015 MFT Street Resurfacing Construction Contract Award (Bid 15-14) Date: April 2, 2015 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a contract for the 2015 MFT Street Resurfacing Project (Bid #15-14) with A. Lamp Concrete Contractors Inc. (1900 Wright Blvd., Schaumburg, IL 60193) in the amount of $1,378,359.40. Funding Source: Funding will be provided from the approved 2015 Motor Fuel Tax Fund, account number 100.26.5096.66515. Summary: The 2015 MFT Streets for resurfacing were selected based on the streets’ condition ratings by the City’s pavement management consultant, aldermanic requests, citizen input, and the Public Works Department field inspections. This project is paid for by the 2015 Motor Fuel Tax (MFT) and is administered in accordance with the Illinois Department of Transportation (IDOT) standards. The streets included in the 2015 MFT Street Resurfacing Project are: Memorandum Page 1 of 2 111 of 722 STREET FROM TO DAVIS STREET FOWLER AVENUE PITNER AVENUE ELMWOOD AVENUE CRAIN STREET DEMPSTER STREET HARTREY AVENUE CLEVELAND STREET WASHINGTON STREET OTTO LANE CUL-DE-SAC HIGHLAND AVENUE RIDGE AVENUE GARNETT PLACE NOYES STREET RIDGE AVENUE CENTRAL STREET ISABELLA STREET The construction plans and specifications for the 2015 MFT Street Resurfacing Project were prepared by the City engineering staff and in accordance with the Illinois Department of Transportation (IDOT) requirements, with an engineer’s estimate of $1,315,018.50. The notice for the project construction contract was advertised in the Chicago Tribune and published in the State Contractors Bulletin on Demand Star. The March 24, 2015 bid prices for the construction contract are shown below: CONTRACTOR BID PRICE A. Lamp Concrete Contractors $1,378,357.40 J.A. Johnson Paving $1,473,374.00 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), Hawk Enterprises (W BE), and Alas Trucking (MBE). The total value of the estimated M/W/EBE subcontracted work is 26% ($344,599.95). The M/W/EBE schedule and the supporting documentation have been reviewed and confirmed by the Purchasing Division, as indicated in the attached memo. The Local Employment Program does not apply for the MFT Projects. A. Lamp Concrete Contractors Inc. has worked in the City on similar projects before and has completed its work on time and within budget. Attachments: Bid Tab Location Map M/W/EBE Memo Page 2 of 2 112 of 722 CITY OF EVANSTON TABULATION OF BIDS FOR 2015 MFT RESURFACING OF VARIOUS STREETS 15-00274-00RS DATE: 03 / 24 / 15 TIME: 2:00 P.M. ATTENDED BY: DM, PA Item No.Items Unit Quantity Unit Price Cost UNIT PRICE TOTAL UNIT PRICE TOTAL 1 Temporary Fence Foot 8,315 2.00$ 16,630.00$ $1.00 $8,315.00 $3.15 $26,192.25 2 Tree Trunk Protection Each 28 150.00$ 4,200.00$ $25.00 $700.00 $240.00 $6,720.00 3 Earth Saw Cuts of Tree Roots (Root Prunning)Foot 7,377 3.50$ 25,819.50$ $1.00 $7,377.00 $9.00 $66,393.00 4 Tree Crown Prunning Each 206 50.00$ 10,300.00$ $35.00 $7,210.00 $200.00 $41,200.00 5 Thermoplastic Pavement Marking Letters and Symbols Sq.Ft. 40 8.00$ 320.00$ $20.00 $800.00 $13.50 $540.00 6 Thermoplastic Pavement Marking Line-4”Foot 3,340 1.10$ 3,674.00$ $2.00 $6,680.00 $0.50 $1,670.00 7 Thermoplastic Pavement Marking Line-6”Foot 1,955 1.60$ 3,128.00$ $4.00 $7,820.00 $0.75 $1,466.25 8 Thermoplastic Pavement Marking Line-8"Foot 70 2.00$ 140.00$ $6.00 $420.00 $4.80 $336.00 9 Thermoplastic Pavement Marking Line-12"Foot 90 3.50$ 315.00$ $8.00 $720.00 $5.05 $454.50 10 Thermoplastic Pavement Marking Line-24”Foot 655 6.50$ 4,257.50$ $15.00 $9,825.00 $5.30 $3,471.50 11 Detector Loop Replacement Foot 150 35.00$ 5,250.00$ $45.00 $6,750.00 $20.00 $3,000.00 12 Earth Excavation Cu.Yd. 170 45.00$ 7,650.00$ $20.00 $3,400.00 $82.00 $13,940.00 13 Trench Backfill Cu.Yd. 9 35.00$ 315.00$ $45.00 $405.00 $40.00 $360.00 14 Granular Backfill Ton 2 35.00$ 70.00$ $45.00 $90.00 $100.00 $200.00 15 Furnishing and Placing Topsoil, 3”Sq.Yd. 3,725 5.00$ 18,625.00$ $3.00 $11,175.00 $6.25 $23,281.25 16 Sodding, Salt Tolerant Sq.Yd. 3,725 8.00$ 29,800.00$ $6.00 $22,350.00 $7.22 $26,894.50 17 Sub-Base Granular Material, Type B (Temporary Use) Cu.Yd. 42 30.00$ 1,260.00$ $1.00 $42.00 $40.00 $1,680.00 18 Aggregate Base Course, Type B, 4”Sq.Yd. 1,325 6.00$ 7,950.00$ $2.00 $2,650.00 $6.00 $7,950.00 19 Aggregate Base Course, Type B, 6”Sq.Yd. 385 8.00$ 3,080.00$ $3.00 $1,155.00 $26.50 $10,202.50 20 HES PCC Base Course Widening, 9”Sq.Yd. 437 50.00$ 21,850.00$ $35.00 $15,295.00 $85.00 $37,145.00 21 Bituminous Material (Prime Coat)Gal. 3,520 2.00$ 7,040.00$ $0.01 $35.20 $0.01 $35.20 22 Aggregate (Prime Coat)Ton 69 20.00$ 1,380.00$ $1.00 $69.00 $1.00 $69.00 23 Mixture for Cracks, Joints and Flangeways Ton 24 300.00$ 7,200.00$ $150.00 $3,600.00 $350.00 $8,400.00 24 Leveling Binder, (Mach Meth) N50 (IL 9.5mm)Ton 298 88.00$ 26,224.00$ $95.00 $28,310.00 $110.00 $32,780.00 25 Hot-Mix Asphalt Binder Course, IL 19.0, N50 Ton 1,685 87.00$ 146,595.00$ $92.00 $155,020.00 $82.50 $139,012.50 26 Hot-Mix Asphalt Surface Removal - Butt Joints Sq.Yd. 750 10.00$ 7,500.00$ $10.00 $7,500.00 $3.00 $2,250.00 27 Hot-Mix Asphalt Surface Course, Mix"D", N50(IL 9.5mm) Ton 1,975 87.00$ 171,825.00$ $95.00 $187,625.00 $93.00 $183,675.00 28 Incidental Hot-mix Asphalt Surfacing Ton 18 180.00$ 3,240.00$ $200.00 $3,600.00 $210.00 $3,780.00 29 PCC Driveway Pavement, 6”Sq.Yd. 293 50.00$ 14,650.00$ $65.00 $19,045.00 $55.00 $16,115.00 30 PCC Driveway Pavement, 8”Sq.Yd. 160 60.00$ 9,600.00$ $85.00 $13,600.00 $65.00 $10,400.00 31 PCC Sidewalk, 5”Sq.Ft. 9,200 5.00$ 46,000.00$ $6.00 $55,200.00 $5.00 $46,000.00 32 Hot-Mix Asphalt Surface Removal (Variable Depth)Sq.Yd. 20,460 5.00$ 102,300.00$ $4.00 $81,840.00 $5.55 $113,553.00 33 Pavement Removal Sq.Yd. 1,360 18.00$ 24,480.00$ $15.00 $20,400.00 $26.50 $36,040.00 34 Driveway Pavement Removal Sq.Yd. 523 16.00$ 8,368.00$ $15.00 $7,845.00 $15.00 $7,845.00 35 Curb Removal Foot 7,720 5.00$ 38,600.00$ $4.00 $30,880.00 $6.00 $46,320.00 36 Combination Curb and Gutter Removal Foot 415 5.00$ 2,075.00$ $4.00 $1,660.00 $6.00 $2,490.00 37 Sidewalk Removal Sq.Ft. 9,635 1.50$ 14,452.50$ $2.00 $19,270.00 $2.00 $19,270.00 38 Class B Patches, Special, 9” (HES)Sq.Yd. 690 85.00$ 58,650.00$ $40.00 $27,600.00 $95.00 $65,550.00 39 Class D Patches, Special, 9”Sq.Yd. 155 80.00$ 12,400.00$ $40.00 $6,200.00 $105.00 $16,275.00 40 Cold Mix Ton 22 40.00$ 880.00$ $100.00 $2,200.00 $350.00 $7,700.00 41 Fiberglass Fabric Repair System Sq.Yd. 1,080 60.00$ 64,800.00$ $35.00 $37,800.00 $35.00 $37,800.00 42 Combined Sewers,10", Special (DIP, Cl. 50)Foot 9 120.00$ 1,080.00$ $200.00 $1,800.00 $120.00 $1,080.00 43 Replace Bench and Trough Each 6 1,200.00$ 7,200.00$ $1,500.00 $9,000.00 $480.00 $2,880.00 44 Manholes, Type A, 4' Dia., Type 1 Frame, Open Lid Each 1 5,000.00$ 5,000.00$ $3,000.00 $3,000.00 $6,800.00 $6,800.00 45 Catch Basins To Be Adjusted Each 4 375.00$ 1,500.00$ $500.00 $2,000.00 $350.00 $1,400.00 46 Manholes To Be Adjusted Each 7 450.00$ 3,150.00$ $500.00 $3,500.00 $500.00 $3,500.00 47 Manholes To Be Adjusted, Special Each 10 1,000.00$ 10,000.00$ $650.00 $6,500.00 $650.00 $6,500.00 48 Manholes To Be Reconstructed Each 8 1,250.00$ 10,000.00$ $1,250.00 $10,000.00 $1,500.00 $12,000.00 49 Inlets To Be Adjusted Each 19 375.00$ 7,125.00$ $450.00 $8,550.00 $350.00 $6,650.00 50 Valve Vaults To Be Adjusted Each 1 450.00$ 450.00$ $450.00 $450.00 $500.00 $500.00 51 Valve Vaults To Be Reconstructed Each 4 1,250.00$ 5,000.00$ $1,000.00 $4,000.00 $1,500.00 $6,000.00 52 Valve Boxes To Be Adjusted Each 15 320.00$ 4,800.00$ $200.00 $3,000.00 $400.00 $6,000.00 53 Frames and Lids, Type-1, Open Lid Each 7 400.00$ 2,800.00$ $450.00 $3,150.00 $400.00 $2,800.00 54 Frames and Lids, Type-1, Closed Lid Each 14 400.00$ 5,600.00$ $450.00 $6,300.00 $400.00 $5,600.00 55 Valve Vaults to be filled Each 1 250.00$ 250.00$ $450.00 $450.00 $500.00 $500.00 56 Concrete Curb, Type B (AEP-Modified)Foot 360 19.00$ 6,840.00$ $22.00 $7,920.00 $16.00 $5,760.00 57 Comb. Conc. C&G Type B6.12 (AEP-Modified)Foot 7,845 19.00$ 149,055.00$ $22.00 $172,590.00 $17.00 $133,365.00 58 Detectable Warnings Sq.Ft. 545 32.00$ 17,440.00$ $35.00 $19,075.00 $22.00 $11,990.00 59 Pavers Removal and Replacement Sq.Ft. 719 15.00$ 10,785.00$ $15.00 $10,785.00 $12.50 $8,987.50 60 Street Sweeping Each 13 400.00$ 5,200.00$ $350.00 $4,550.00 $600.00 $7,800.00 61 Supplemental Watering Unit 72 50.00$ 3,600.00$ $1.00 $72.00 $55.00 $3,960.00 62 Work Zone Pavement Marking Removal Sq.Ft. 2,820 4.00$ 11,280.00$ $0.01 $28.20 $1.50 $4,230.00 63 Temporary Pavement Marking Line-4" Foot 14,200 1.00$ 14,200.00$ $0.01 $142.00 $0.20 $2,840.00 64 Short Term Pavement Marking Line-4" (Tape Type 1) Foot 1,240 1.00$ 1,240.00$ $0.10 $124.00 $0.50 $620.00 65 Special/Non Special Waste Disposal Cu.Yd. 179 70.00$ 12,530.00$ $5.00 $895.00 $75.00 $13,425.00 66 Soil Disposal Analysis Lump Sum 1 5,000.00$ 5,000.00$ $1,200.00 $1,200.00 $2,850.00 $2,850.00 67 Construction Layout Lump Sum 1 5,000.00$ 5,000.00$ $15,000.00 $15,000.00 $12,750.00 $12,750.00 68 Changeable Message Sign Cal. Mo 8 1,000.00$ 8,000.00$ $100.00 $800.00 $400.00 $3,200.00 69 Tallmadge Lighting Unit Installation Complete Each 1 8,000.00$ 8,000.00$ $11,000.00 $11,000.00 $9,000.00 $9,000.00 70 Traffic Control and Protection Lump Sum 1 60,000.00$ 60,000.00$ $250,000.00 $250,000.00 $121,930.05 $121,930.05 1,315,018.50$ $1,378,359.40 $1,473,374.00 1,315,018.50$ $1,378,359.40 $1,473,374.00 ARLINGTON HEIGHTS, IL 60005 TOTAL BID AS READ AS CORRECTED NAME AND ADDRESS OF BIDDERS J.A. JOHNSON PAVING CO. 1025 E. ADDISON COURT APPROVED ENGINEER'S ESTIMATE ALAMP CONCRETE CONTRACTORS, INC. 1900 WRIGHT BLVD. SCHAUMBURG, IL 60193 113 of 722 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 170035002600170018009001900900210023002100400380037002015 MFT Street Resurfacing Program 3/24/2015 This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information. StreetImprovements2015MFT.mxd ´ City of Evanston Department of Public Works MFT Project Area Main Road Local Street Railroad Water City Boundary 0 0.5 10.25 Mile 114 of 722 Bid 15-14, 2015 MFT Street Resurfacing of Various Streets, M/W/EBE Memo, 04.13.2015 To: Suzette Robinson, Director of Public Works Sat Nagar, P.E., Asst. Director of Engineering & Infrastructure Dan Manis, P.E., Senior Project Manager From: Tammi Turner, Purchasing Manager Subject: Bid 15-14, Recommendation 2015 MFT Street Resurfacing of Various Streets Date: April 13, 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 has established a 25% MWEBE subcontracting participation goal for general contractors. With regard to 2015 MFT Street Resurfacing of Various Streets, in the base bid amount of $1,378,359.40, the primary contractor A. Lamp Concrete Contractors Inc., has subcontracted the following: Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Marking Specialist Corporation Markings/ Striping $15,199.95 1 X Ozinga Ready Mix Concrete, Inc. Concrete $112,000 8 X Alas Trucking, Inc. Trucking $214,400 16 X Total M/W/EBE $341,599.95 25% A. Lamp Concrete Contractors Inc., total bid amount is $1,378,359.40, and will receive a credit for 25% MWEBE participation. Cc: Martin Lyons, Assistant City Manager/CFO Memorandum 115 of 722 To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Suzette E. Robinson, Director of Public Works James Maiworm, Assistant Director of Public Works, O&M Subject: Purchase of Unique Paving Material (Cold Patch or UPM) Date: March 16, 2015 Recommended Action: Staff recommends City Council authorize the City Manager to approve the purchase of Unique Paving Material (Cold Patch or UPM) for street maintenance activities from Peter Baker & Son (1349 Rockland Road Lake Bluff, IL. 60044) in the amount of $50,000. Peter Baker & Son was the successful bid winner from the joint purchase let by the North Shore Municipal Consortium, and will extend last year’s price for 2015. Funding Source: Funding for this purchase will come from the FY2015 General Fund Street and Alley Account (100.26.2670.65055) in the amount of $35,000 ($132,500 budgeted) and the Water Fund Account (510.71.7115.65051) in the amount of $15,000 ($27,600 budgeted). Summary: The Operations and Maintenance Division of Public Works uses UPM for the maintenance and repair of the road surface after water main breaks, potholes, and general street repairs. The Division has been using UPM for the past ten years with outstanding results. The material has proven to be the best performing and longest lasting cold patching material. UPM is a specific proprietary formulation of cold asphalt that can only be acquired at a limited amount from suppliers. The formulation of UPM generally allows Operations and Maintenance employees to fill holes only once per season and has proven to last multiple years in many spots. This process is both cost effective and less labor intensive for the City. Memorandum For City Council meeting of April 13, 2015 Item A3.6 Business of the City by Motion: Purchase of UPM/Cold Patch Asphalt For Action S:\Council Agenda\Final Agenda\2015\4.13.15\APW\A3.6 Cold Patch\UPM Cold Patch Purchase Memo 2015.doc 116 of 722 Evanston purchased UPM through the Municipal Partnering Initiative last year and would like to use the consortium bid again for 2015. Staff is therefore recommending the purchase of UPM from Peter Baker & Son, as this company will extend last year’s rate of $125.00 for 2015. S:\Council Agenda\Final Agenda\2015\4.13.15\APW\A3.6 Cold Patch\UPM Cold Patch Purchase Memo 2015.doc 117 of 722 To: Honorable Mayor and Members of the City of Council Administration and Public Works Committee From: Suzette Robinson, Director of Public Works Lonnie Jeschke, Manager, Fleet Services Division Subject: Carquest One (1) Year Parts Renewal Date: March 27, 2015 Recommended Action: Staff recommends City Council authorize the City Manager to execute a final, one (1) year renewal of a purchasing agreement for general auto parts from Carquest (2312 Main Street, Evanston, Illinois 60202) in the amount of $60,000.00. Staff will issue a new solicitation for bids for the purchase of auto parts in 2016. Funding Source: Funding for this purchase will come from the Fleet Fund account (600.26.7710.65060) which has a FY2015 budget of $920,829. Summary: In 2014, Carquest was awarded an additional three (3) year contract with U.S. Communities to provide auto parts for light, medium and heavy vehicles. Carquest Auto Parts is the premier supplier of replacement products, accessories, supplies and equipment for virtually all makes of automobiles, as well as light and heavy-duty trucks, off-road equipment, buses, recreational vehicles and agricultural equipment. Additionally, Carquest distributes and sells tools, equipment, chemicals, paint and accessories. Utilization of this contract will allow the City of Evanston to receive a 16% to 30% discount off the retail price for parts. Background: U.S. Communities Government Purchasing Alliance is a nationwide government purchasing cooperative that reduces the cost of goods and services by aggregating the purchasing power of public agencies nationwide. U.S. Communities provides world class procurement resources and solutions to local and state government agencies, school districts (K-12), higher education, and nonprofits. Memorandum For City Council meeting of April 13, 2015 Item A3.7 Business of the City by Motion: One (1) Year Auto Parts Renewal – Car Quest For Action 118 of 722 As a registered participant of the program, government agencies can access a broad line of competitively solicited contracts. U.S. Communities is sponsored by the United States Conference of Mayors and is comprised of several lead agencies which include the County of Los Angeles, California; County of Fairfax, Virginia; and the City of Charlotte and Mecklenburg County, North Carolina. Carquest’s Evanston based location has provided multiple daily deliveries with minimal parts on back-order for the Fleet Services Division during the past year. Therefore, staff recommends granting the purchase agreement for automotive parts and accessories from Carquest in Evanston for the next year. Attachment Carquest Renewal Agreement 119 of 722 120 of 722 121 of 722 122 of 722 123 of 722 124 of 722 125 of 722 126 of 722 For City Council meeting of April 13, 2015 Item A3.8 Business of the City by Motion: Purchase of Trees/Planting for Spring Planting For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Suzette Robinson, Director of Public Works Paul D’Agostino, Assistant Director of Public Works Subject: Purchase of Trees and Planting Services for Spring Planting Date: April 6, 2015 Recommended Action: Staff recommends approval of the purchase of 294 trees and planting services for 150 trees from Suburban Tree Consortium (STC) in the amount of $80,524.76. Funding Source: Funding for this purchase is provided from two sources. First is a general fund line item in the Parks/Forestry Division budget –2655.65005. The total budget within this line item is $115,000 which is used for both the spring and fall planting seasons. The second source of funding is from the “Replant Express” program. This program allows residents to pay $250 or $425 (the cost of a 2.5” or 3.5” tree plus delivery) to be added to our planting list immediately, rather than waiting the two years it normally takes for a replacement tree. There are eighteen additional trees being planted through this program which generated $6,675 in payments. Summary: The STC solicits quotes each spring and fall from participating nurseries for us. In February, staff sent a listing of the required trees for parkway planting this spring season to the STC. The STC then solicited and received bids from member area nurseries to attempt to procure the trees we needed. Using the STC, we were able to locate all of the 2”/2.5” diameter tree species in the quantity we needed, as well as eighteen larger 3.5” diameter trees which specific residents requested and paid $175.00 extra for. Residents were also able to choose the tree species for their parkway from a list of 3-4 available options. Eighty of the residents returned the form with their preferred choice of tree. Memorandum 127 of 722 Once all of the quotes were finalized, the grand total for all 294 STC trees is $64,621.76, which includes delivery costs for the 144 trees being planted by City crews The trees are being supplied by three nurseries - Beaver Creek Nursery, Inc. (6604 Randall Road, Poplar Grove, IL), Goodmark Nurseries, LLC. (8920 Howe Road, Wonder Lake, IL), and Possibility Place Nursery (7548 W. Monee-Manhattan Rd., Monee, IL). In addition to the purchase price of the trees, the STC tree planting contractor, Pugsley & Lahaie, Ltd. (24414 N. Old McHenry Road, Lake Zurich, IL), has specific costs for planting different size trees, which are agreed to in writing with the STC and all member municipalities. Staff has set up a preliminary agreement with PLL for them to plant 150 of the trees for a total cost of $15,900. Once this agreement is approved, PLL will pick up their 150 trees directly from the nurseries, deliver them to the individual sites, and plant them. Legislative History: In June of 2001, the City Council passed Ordinance 65-O-01, which authorized the City of Evanston to join and participate in the Suburban Tree Consortium (STC). The benefit of this membership is that by merging orders with other municipalities, our buying power is increased through economies of scale. In addition, Resolution 60-R-02 was passed in August 2002, which expressed the intent of the City of Evanston to remain a member of the STC as long as sufficient funding is appropriated. Another advantage of membership is our ability to pre-order specific tree species for five years into the future. This allows the nurseries to grow a large percentage of the exact tree species we will need in future years. ------------------------------------------------------------------------------------- Attachments: List of tree planting locations by address Nursery order confirmations Planting contract cost agreement 128 of 722 Area Ward Year # Street Location Notes Site Size Species Qty 2E 1 SP 15 901 Colfax F1 3.5 Swamp White Oak 1 2E 1 SP 15 905 Colfax F1 1 4D 1 SP 15 133 Dempster F3 1 4D 1 SP 15 217 Dempster F1 1 4d 1 SP 15 227 Dempster F1 1 4d 1 SP 15 1304 Forest on Dempster A2 1 2e 1 SP 15 2001 Orrington on Foster T4 2 Hills Oak 1 2E 1 SP 15 2111 Orrington A1,A2 CHOOSE FOR RESIDENT 2 2e 1 SP 15 2247 Orrington F1 3 Triumph Elm 1 2e 1 SP 15 2247 Ridge Av 2247-2257 F3 1 2E 1 SP 15 1940 Sherman T1 1 3D 2 SP 15 1114 Ashland only room for 1 F1-Y,F2-N 1 3b 2 SP 15 1570 Ashland F1 2 Hills Oak 1 5a 2 SP 15 2213 Cleveland F1 1 5a 2 SP 15 2225 Cleveland F1 1 3D 2 SP 15 1825 Crain On Dodge A1, A2, F4 3 3B 2 SP 15 1717 Darrow F1 1 3B 2 SP 15 1729 Darrow F1 1 3B 2 SP 15 1735 Darrow F1 1 3B 2 SP 15 1721 Dempster F1 1 3A 2 SP 15 2329 Dempster A1, A2 2 3D 2 SP 15 1233 Dewey F1 1 3d 2 SP 15 1015 Dodge F1 1 3B 2 SP 15 1421 Florence F1 1 3b 2 SP 15 1428 Florence F1 1 3A 2 SP 15 1310 Fowler F1 1 3A 2 SP 15 1319 Fowler F1 1 3A 2 SP 15 1412 Fowler F1 2.5 Bur Oak 1 3A 2 SP 15 1428 Fowler F1 1 3D 2 SP 15 1427 Greenleaf A1 1 3D 2 SP 15 1623 Greenleaf F1 1 3c 2 SP 15 1905 Greenleaf On Dodge bus stop T1 2 American Hornbeam 1 3b 2 SP 15 1502 Greenwood Garden F1, F2 2 3B 2 SP 15 1517 Greenwood F1 1 3B 2 SP 15 1627 Greenwood F2 1 4f 2 SP 15 208 Hamilton F3 3 Triumph Elm 1 4f 2 SP 15 208 Hamilton F4 London Planetree 1 4f 2 SP 15 208 Hamilton See diagram F1 2.5 Japanese Tree Lilac 1 3a 2 SP 15 1434 Hartrey T3 1 3b 2 SP 15 1715 Lake F1 2.5 American Hornbeam 1 3B 2 SP 15 1500(a) Lake St.Penny Park F4 1 3c 2 SP 15 1916 Lee F1 1 3c 2 SP 15 1924 Lee F2 1 5b 2 SP 15 1719 Madison F1 1 4a 2 SP 15 1889 Maple - unit E1 on University T1 - T5 5 3a 2 SP 15 1314 Pitner F1 1 4f 3 SP 15 903 Forest F1 3.5 Bur Oak 2 4f 3 SP 15 910 Forest T1,T2,T3 3 4f 3 SP 15 1133 Forest F1 3.5 Swamp White Oak 1 4F 3 SP 15 1200 Forest on hamilton A3,A6 2 129 of 722 4F 3 SP 15 1025 Hinman F1 2 Shingle Oak 1 4f 3 SP 15 1121 Hinman F1 1 4f 3 SP 15 1203 Hinman on Hamilton T3 (A2?)1 6B 3 SP 15 600(a) Hinman Vera McGowen Pk F1, F3 2 6B 3 SP 15 618-20 Hinman F2 1 4f 3 SP 15 1043 Hinman Ave F1 1 6b 3 SP 15 719 Judson F1 3.5 Chinkapin Oak 1 4f 3 SP 15 1045 Judson F3 1 4f 3 SP 15 1216 Judson F2 1 6b 3 SP 15 531 Michigan 529-35 F2 (+F3 rep)2 4f 3 SP 15 1040 Michigan F1 3.5 London Planetree 1 4f 3 SP 15 1116 Michigan hazard F2 2.5 Ginkgo 1 4f 3 SP 15 935 Sheridan F1 3 Kentucky Coffeetree 1 4f 3 SP 15 1145 Sheridan A2 2 Shingle Oak 1 4f 3 SP 15 908 Sheridan Rd F1 1 6b 3 SP 15 618 Sheridan Square F2 3/3.5 Redbud 1 4e 4 SP 15 919 Asbury F1 1 3D 4 SP 15 1034 Asbury F1 1 3D 4 SP 15 1102 Asbury F1 1 3D 4 SP 15 1104 Asbury F1 2.5 Ginkgo 1 3D 4 SP 15 1108 Asbury F1 1 3D 4 SP 15 1113 Ashland F2 2.5 Swamp White Oak 1 3D 4 SP 15 1117 Ashland F1 1 3D 4 SP 15 1121 Ashland F1 1 3D 4 SP 15 1125 Ashland F1 2 Hills Oak 1 3d 4 SP 15 1147 Ashland F1 2.5 Japanese Tree Lilac 1 4E 4 SP 15 1016 Dempster F2 2.5 Ginkgo 1 4C 4 SP 15 1308 Elmwood F1, F2 2 4C 4 SP 15 1312 Elmwood F1 2.5 Bur Oak 1 4e 4 SP 15 800 Greenleaf Nichols School F1, F8, A1, A2 2.5 American Hornbeam 1 4e 4 SP 15 800 Greenleaf Nichols School 2 Shingle Oak 2 4e 4 SP 15 800 Greenleaf Nichols School 2.5 Swamp White Oak 1 3d 4 SP 15 1318 Greenleaf F1 1 3B 4 SP 15 1418 Greenwood F1 2.5 Ginkgo 1 3B 4 SP 15 1420 Greenwood F1 1 3B 4 SP 15 1421 Greenwood F2 1 3B 4 SP 15 1422 Greenwood F1 Garden 1 3d 4 SP 15 1527 Lee on Florence A2 2.5 American Hornbeam 1 3d 4 SP 15 1527 Lee on Florence A1 2.5 Swamp White Oak 1 4E 4 SP 15 805 Main F1 1 4C 4 SP 15 1333 Maple A2,A3 2 4c 4 SP 15 1575 Oak F2 2.5 American Hornbeam 1 4e 4 SP 15 1013 Ridge F2 CHOOSE FOR RESIDENT 1 4E 4 SP 15 1100 Ridge A2, A4, A5 3 4e 4 SP 15 1123 Ridge F2, F4 2 4E 4 SP 15 1232 Ridge F1 1 4a 4 SP 15 1627-29 Ridge F2 CHOOSE FOR RESIDENT 1 4e 4 SP 15 941 Sherman F1 2 Shingle Oak 2 130 of 722 3D 4 SP 15 1149 Wesley F1 2.5 Eastern Hop Hornbeam 1 3D 4 SP 15 1155 Wesley F2 1 3D 4 SP 15 1205 Wesley wire 4 overhang F2 Cornelian Ch Dogwood 1 3D 4 SP 15 1212 Wesley F1 1 3b 4 SP 15 1601 Wesley T3 3.5 Swamp White Oak 1 3b 4 SP 15 1627 Wesley F1 2.5 Eastern Hop Hornbeam 1 3b 5 SP 15 1818 Ashland F1 1 2d 5 SP 15 2017 Ashland F1 1 2d 5 SP 15 2205 Ashland F1 1 3B 5 SP 15 1823 Church sidewalk opening -- need concrete grate opening for replantA3 1 3B 5 SP 15 1714 Darrow F1 1 3B 5 SP 15 1716 Darrow F1 1 3B 5 SP 15 1722 Darrow F1 1 3B 5 SP 15 1728 Darrow F1 1 3B 5 SP 15 1730 Darrow F1 1 3B 5 SP 15 1818 Darrow F2 2.5 Swamp White Oak 1 2D 5 SP 15 1935 Darrow F1 1 2D 5 SP 15 1941 Darrow F1 1 2D 5 SP 15 2019 Darrow F1 1 2D 5 SP 15 1934 (A) Darrow F1, F2 2 3B 5 SP 15 1726 Emerson On Darrow T1, T2 2 3B 5 SP 15 1800 Emerson A2 1 3B 5 SP 15 1822 Emerson F1 1 3A 5 SP 15 2026 Emerson F1 1 3A 5 SP 15 2028 Emerson F1 1 3A 5 SP 15 2224 Emerson F1 1 2d 5 SP 15 2208 Foster on Hartrey A3 1 2E 5 SP 15 811-13 Foster F1 1 3A 5 SP 15 1806 Grey F1 1 3A 5 SP 15 1716 Hovland Ct.F1 1 3A 5 SP 15 1718 Hovland Ct.F1 1 3A 5 SP 15 1740 Hovland Ct.F1 1 3A 5 SP 15 1805 Hovland Ct.F1 1 3a 5 SP 15 1829 Hovland Ct.F1 1 2d 5 SP 15 2108 Jackson F1, F2 2 3B 5 SP 15 1801 Lyons on Darrow T1,T2,T3 3 3B 5 SP 15 1817 Lyons F1 1 3A 5 SP 15 2215 Lyons F1 1 2E 5 SP 15 2001 Maple T1 1 2e 5 SP 15 2115 Maple Av.F1 1 2D 5 SP 15 1523 Payne A1,A2,A3,F22.5 American Hornbeam 2 2D 5 SP 15 1523 Payne 2 Shingle Oak 2 2e 5 SP 15 2228-38 Sherman F1 1 2D 5 SP 15 1601 Simpson T1 1 2D 5 SP 15 1525 (a) Simpson on Ashland A2 1 1f 6 SP 15 2205 Central Park F3 1 1e 6 SP 15 2904 Colfax F2 1 1a 6 SP 15 2652 Crawford F1 2.5 American Hornbeam 1 1F 6 SP 15 2143 Ewing F1 1 1D 6 SP 15 3030 Grant F1, F2 2 131 of 722 1d 6 SP 15 3040 Grant F1 2.5 Swamp White Oak 1 1b 6 SP 15 2736 Hartzell F2, T2 2 1B 6 SP 15 2831 Hartzell on Reese near alley T1 1 1a 6 SP 15 2615 Highland 1 on Hartzell F1, F4, A1 3 1d 6 SP 15 2340 Lawndale near Colfax St. F2 2 American Hornbeam 1 1a 6 SP 15 2700 Lawndale F1 1 1e 6 SP 15 2738 Lincoln On Ewing T3, T2 2 1e 6 SP 15 2801 Lincoln On Ewing T3 2.5 Japanese Tree Lilac 1 1f 6 SP 15 2233 Lincolnwood Dr.F1 1 1F 6 SP 15 2128 McDaniel F1 1 1f 6 SP 15 2212 McDaniel On Noyes T2 2.5 Swamp White Oak 1 1d 6 SP 15 3318 Noyes F1 2.5 American Hornbeam 1 1d 6 SP 15 3320 Payne F1 1 1B 6 SP 15 2501 Thayer on McDaniel T5 1 2c 7 SP 15 2302 Asbury F2 2.5 Swamp White Oak 1 2a 7 SP 15 2531 Ashland F1 1 1g 7 SP 15 2421 Brown F1 1 1G 7 SP 15 1904 Colfax F1 3.5 Swamp White Oak 1 1g 7 SP 15 1925 Colfax F2 1 1h 7 SP 15 2230 Dodge F1 2.5 Ginkgo 1 2A 7 SP 15 2772 Garrison F2 1 1h 7 SP 15 1836 Grant On Dodge T2 1 1h 7 SP 15 1900 Grant On Dodge A2, A3, A4 3 1h 7 SP 15 2309 Grey F1 1 1G 7 SP 15 1927 Lincoln F1 2 American Hornbeam 1 1g 7 SP 15 2418 Lincoln St. near McDaniel F1, F2 3 London Plane Tree 2 1h 7 SP 15 1928 Noyes F2 1 2b 7 SP 15 2505 Orrington Opp. 2505 Orrington. Along field SE corner; Milburn/Orrington F5 3 London Plane Tree 1 2c 7 SP 15 2342 Ridge F1 3/3.5 1 1H 7 SP 15 2415 Simpson F1 2.5 Swamp White Oak 1 5c 8 SP 15 327 Ashland F2, F3 2 6c 8 SP 15 424 Barton On Austin A3 2.5 Eastern Hop Hornbeam 1 6D 8 SP 15 801 Brummel on Elmwood T2,T3 2 6D 8 SP 15 833-835 Case F1,F4 4 6d 8 SP 15 120 Custer F1, T2 2 5c 8 SP 15 300 Darrow On Mulford A2 1 5c 8 SP 15 1717 Dobson F1 1 5a 8 SP 15 2138 Dobson F1 1 6d 8 SP 15 241 Elmwood F1 1 6d 8 SP 15 243 Elmwood F1 1 6D 8 SP 15 301 Elmwood F1,F2 2 6C 8 SP 15 1029 Hull Terrace F1 1 6C 8 SP 15 1201 Hull Terrace F1 1 6C 8 SP 15 1001-11 Hull Terrace F1 thru F5 5 6d 8 SP 15 702 Mulford near Custer Av. F1 1 132 of 722 6d 8 SP 15 822 Mulford 822 - 830 Mulford F1, F4 2 5c 8 SP 15 1430 Mulford near Ashland F1 2.5 Swamp White Oak 1 6a 9 SP 15 829 Asbury F1, F2 2.5 Ginkgo 2 6A 9 SP 15 550 Callan F1 2 Shingle Oak 1 6A 9 SP 15 614 Callan F1 1 6A 9 SP 15 618 Callan F1 1 6A 9 SP 15 620 Callan F2 1 5a 9 SP 15 546 Dodge On Keeney T2 1 6A 9 SP 15 600 Elmwood A1 1 5b 9 SP 15 616 Florence T1, T2 2 5b 9 SP 15 1803 Keeney F1 2.5 American Hornbeam 1 5A 9 SP 15 1916 Keeney F1 1 5b 9 SP 15 1310 Main F1 1 6A 9 SP 15 735 Monroe A1, A2 2 6A 9 SP 15 706-8 Monroe F2 1 6d 9 SP 15 900 Oakton 900-910 F2 1 5a 9 SP 15 2209 Oakton westend of pkwy of Steak n Shake F1 1 6A 9 SP 15 601 Ridge T3 1 6a 9 SP 15 852-54 Ridge F1 1 6A 9 SP 15 907 Seward F1 1 5b 9 SP 15 1303 Seward on Asbury T1, T2 2.5 Swamp White Oak 2 6A 9 SP 15 710 South F1 1 6A 9 SP 15 1229 Washington on Asbury A1 1 5b 9 SP 15 1303 Washington on Asbury T3 2 American Hornbeam 1 5b 9 SP 15 1303 Washington on Asbury T1 2.5 Ginkgo 1 5b 9 SP 15 1418 Washington on Wesley A2 1 5b 9 SP 15 1619 Washington F1 + (F2 rep)2 5b 9 SP 15 704 Wesley F1 1 SP 15 Business District Replacements 19 294 133 of 722 134 of 722 135 of 722 136 of 722 137 of 722 138 of 722 139 of 722 140 of 722 For City Council meeting of April 13, 2015 Item A4 Business of the City by Motion: 48-Inch Water Intake Change Order 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. 3 for 48-Inch Diameter Water Intake Improvements (Bid 14-04) Date: April 2, 2015 Recommended Action: Staff recommends City Council authorize the City Manager to execute Change Order No. 3 for the 48-Inch Diameter Intake Improvements (Bid 14-04) with Lake Erie Diving, Inc. (362 Blackbrook Road, Painesville, OH) in the amount of $41,074. This change order will increase the contract amount from $1,403,122 to $1,444,196. There is no time extension associated with this change order. Funding Source: An IEPA State Revolving Fund loan, in an amount up to $1,427,700.16, will fund construction of this project. This amount includes a contingency of up to 3% above the bid price of the project. Because of previous change orders with the contractor, a portion of this change order ($14,995.84) exceeds the loan contingency and will be funded directly by the Water Fund (Account 513.71.7330.65515 – 733074), from funds available within the FY2015 Budget. Background: This contract includes the installation of a heating system on the 48-inch intake and new chlorine feed equipment for the mussel control system. The initial contract award to Lake Erie Diving in the amount of $1,388,272.00 was approved by City Council on February 24, 2014. On September 29, 2014, the City Manager authorized Change Order No. 1 in the amount of $14,850.00. A portion of the contract work includes the removal of three existing HDPE pipelines and a heavy steel chain located within the 48-inch intake. These pipelines were part of the original zebra mussel control system installed in 1988 Memorandum 141 of 722 and were used to transport chlorine solution to the end of the intakes. The contractor was initially unsuccessful in removing this existing equipment. The purpose of this change order was to televise the entire length of the intake to accurately determine the existing conditions. This televising had not previously been completed as the cost was prohibitive when the contractor was not already onsite. Because the televising determined that the existing chlorine solution pipelines were intact, the contractor was able to pull them out through the shorewell by modifying his method of removal. On January 26, 2015, City Council authorized Change Order No. 2. This included a 110 day time extension to accommodate weather-related project delays. Analysis: The existing 48-inch diameter intake is constructed of nine upturned steel cones. The heating system will be installed on three of these cones. During review of project submittals in the beginning of the construction phase of the project, it was determined that the metal of the heating system could react with the steel of the intake cones, causing corrosion. Previous intakes on which this heating system has been installed were constructed of concrete where this would not be an issue. This change order is to add corrosion control to the project. The corrosion control includes three items: Item Proposed Cost Use of insulating sleeves and washers on bolts between the heating cone and the existing intake steel to prevent metal-to-metal contact $7,073 Installation of sacrificial anodes to be installed on the existing steel cones and branch pipes $20,225 Application of an insulating epoxy coating to the exterior of the heating elements so that they will not come into direct contact with the intake $13,776 Total $41,074 The original loan amount of up to $1,578,976.73 covered most of the engineering and construction costs (a few items, such as spare parts, are considered ineligible by the IEPA and were not included). It also included a contingency of 3%. However, previous change orders for both the engineering and construction have used a portion of this contingency. Therefore, a portion of this change order will exceed the total loan amount as follows: 142 of 722 Contract Item Contract Amt (Loan- Eligible) Available Loan Funding Loan Funding for Construction $1,427,700.16 Construction Original Contract $1,386,772.00 Change Order 1 (Televising Intake) $ 14,850.00 Change Order 2 (Time Extension) $ 0.00 Change Order 3 (Corrosion Protection) (under consideration) $ 41,074.00 Total Construction Contract $1,442,696.00 Remaining Loan Funding (Negative amount indicates original loan is exceeded) ($14,995.84) The amount of this change order that exceeds the original loan amount will be funded by the Water Fund. Legislative History: The City Council approved contract award to Lake Erie Diving on February 24, 2014. The City Manager authorized Change Order No. 1 on September 29, 2014. The City Council approved Change Order No. 2 on January 26, 2015. Attachments: Change Order No. 3 Carollo Recommendation of Change Order No. 3, dated April 2, 2015 143 of 722 144 of 722 145 of 722 146 of 722 147 of 722 For City Council meeting of April 13, 2015 Item A5 Business of the City by Motion: Letter of Commitment for Street Outreach Program For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Joe McRae, Director of Parks, Recreation and Community Services Christina Ferraro, Assistant Director of Community Services Subject: Letter of Commitment for Youth Organization Umbrella (Y.O.U.) Street Outreach Program Date: April 2, 2015 Recommended Action: Staff recommends that City Council authorize the City Manager to sign a letter of commitment for the Y.O.U. Street Outreach Program. Summary: Parks, Recreation and Community Services staff worked with members of Y.O.U., Youth Job Center and the YWCA originally in 2012 to prepare a proposal in support of the Illinois Collaboration on Youth Street Outreach grant application, which was awarded. The target goal of the program is “to engage disconnected youth age 21 years of age or less and connect them with mentors, education, and employment.” Every year since 2012 an agreement has been brought to City Council for authorization to execute between the City of Evanston and Y.O.U. (Last on December 8, 2014). The grant amount was for $38,539 yearly. The existing agreement and funding will expire on September 29, 2015. In April 2015 Y.O.U. will take the lead on submitting another grant proposal, on behalf of the partnering agencies, for consideration of continued funding for the Street Outreach Program. As part of the grant process Y.O.U has asked that the City sign a letter of commitment, by April 1, 2015, to provide our current level of participation in the program for another granting cycle (4years). If funding is awarded in this new grant cycle, an agreement would be brought to City Council for approval. Attachments Letter of Commitment to the Street Outreach Program Memorandum 148 of 722 149 of 722 150 of 722 151 of 722 For City Council meeting of April 13, 2015 Item A6 Business of the City by Motion: Parks and Facilities Draft CIP Plan For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Erika Storlie, Deputy City Manager Subject: Parks & Facilities 2016-2018 Draft Capital Improvement Plan Date: April 9, 2015 Recommendation: Staff recommends City Council refer the Parks and Facilities 2016-2018 Draft CIP Plan to the Parks & Recreation Board for review. Community feedback is encouraged while the plan is at the Park and Recreation board. Once the board has reviewed and provided feedback there will be an additional community engagement component before the plan returns to the City Council in June for discussion. Background: Staff from Public Works, Administrative Services and Parks, Recreation & Community Services reviewed all parks and facilities capital improvement needs and prioritized them for the next three years. Potential projects were reviewed against numerous factors such as system/structure end of life, maintenance costs, ability to group projects together to save money, safety concerns, and utilization. The attached plan not only prioritizes projects by year but also within the year so that in the even that full funding is not available each year there is still a mechanism in place to ensure that the highest need projects are addressed. The draft plan includes projects funded from the general fund only. This plan does not address road resurfacing and water/sewer utility capital improvement projects as they are separate individual plans, as well as any projects funded by the parking fund or CDBG. Also, the 2016-2018 draft plan does not include any projects that are started in 2015 and carryover to 2016 as their funding occurred in 2015. Memorandum 152 of 722 City of EvanstonParks/Facilities Capital Projects Plan FY 2016‐2018Ward Type CostCIP Plan YearRank within Plan Year Project Name Project Scope1 Park 450,000 2016 1 Church Street Boat Ramp RenovationsReconstruct south pier5 Facility 400,000 2016 1 Fleetwood‐Jourdain Center HVAC ReplacementReplace HVAC system5 Facility 175,000 2016 1 Fleetwood‐Jourdain Center Gym FloorReplace wood gym floor8 Park 80,000 2016 1 James Park Field House Roofing and Siding Replacement Replace roof system and siding7Facility 900,000 2016 1 Lighthouse Fog / Signal Houses RenovationsInterior & exterior renovations2 Park 500,000 2016 1 Penny Park RenovationsLake & Ashland. Park renovation. Currently with Parks & Recreation Board7 Facility 200,000 2016 1 Fire Station #3 Slope StabilizationRepair slope4 Facility TBD 2016 1 Robert Crown Center ‐ DesignDesign for new build or renovation of existing facility5 Facility 150,000 2016 2 Service Center Yard ‐ Parking lot/pads/entrances Resurface 1/3 of area each year for 3 years 2Park 30,000 2016 2 Mason Park Basketball CourtsResurface outdoor basketball courts. 1 Facility 200,000 2016 2 Chandler Center Stormwater ImprovementsSewer improvements and building waterproofing 3 Facility 60,000 2016 2 Dempster Beachhouse Window/Entry door replacement Replace entry door and windows 8 Facility 500,000 2016 2 James Park West Parking Lot RenovationsResurface parking lot and add lighting6 Park 100,000 2016 2 Lovelace Park Pond Pond renovations4 Facility 50,000 2016 2 Police Fire Headquarters Retaining Wall RepairsRepair retaining walls at the basement access ramp1Restroom 60,000 2016 2 Greenwood Beach RestroomPriority 2. Renovate restroom finishes and fixtures3 Restroom 60,000 2016 2 Lee St. Beach RestroomPriority 1. Renovate restroom finishes and fixtures5 Facility 25,000 2016 3 Ladd Arboretum WindmillRemove windmillFacility 200,000 2016Facilities Contingency153 of 722 Park 150,000 2016Parks Contingency2016 Total $4,290,000154 of 722 City of EvanstonParks/Facilities Capital Projects Plan FY 2016‐2018Ward TypeCIP Plan YearRank within Plan Year Project Name Project Scope7 Park 2017 1 Clark Street Beach BoardwalkConstruct boardwalk from beach house to lake1 Park 2017 1 Dog BeachPurchase portable pathway system for the beach area 5 Facility 2017 1 Ecology Center RenovationsRepair windows; Wood recoating of exterior soffits.5 Park 2017 1 Foster Field Athletic Field Renovations (Fleetwood)Renovate baseball infield, replace perimeter fencing8 Facility 2017 1 James Park East Parking Lot RenovationsMill, resurface and repair parking lot4 Park 2017 1 Grey Park RenovationsMain & Ridge. Park Renovation8 Facility 2017 1 Levy Center Entryway Air BarrierInstall a glass divider around the café area for temperature control 8 Facility 2017 1 Levy Center KitchenReplace cabinet, work island, dishwasher, stove top and oven.1 Facility 2017 1 Noyes Hallway floor refinishing and repairRefinish wood hallway flooring on the 1st and 2nd floor. 1 Facility 2017 1 Noyes CAC Paint & Plaster Repaint and plaster ceilings & hallways in common areas.5 Facility 2017 1 Service Center Yard ‐ Parking lot/pads/entrances Resurface 1/3 of area each year for 3 years 5 Restroom 2017 2 Ecology Center Restroom RenovationRestroom renovation3 Park 2017 2 Garden Park RenovationLakefront, N of Sheridan Square. Park Renovation7Park 2017 2 McCulloch Park RenovationsLivingston between Broadway & Eastwood. Park Renovation8 Restroom 2017 2 James Park Field House Restroom RenovationsPriority 4. After roof replacement, restroom renovation8 Facility 2017 2 Levy Center CourtyardReplace soft surface material in the courtyard155 of 722 3 Restroom 2017 2 Dempster Beachhouse RestroomsRestroom renovation3 Facility 2017 2 Dempster Beachhouse Tuck pointingBuilding tuckpointing7 Restroom 2017 2 Leahy Shelter & Restroom Priority 3. Restroom Renovation8 Facility 2017 2 Levy Center Office RenovationsReconfigure interior office space5 Facility 2017 3 Civic Center Stairwell PaintingPaint interior stairwells6 Facility 2017 3 Lovelace Park Field House Exterior RepairsRecoat roof; Replace doors, hardware and soffit3 Facility 2017 3 Dempster Beachhouse Office/Training AreaReplace flooring6 Restroom 2017 3 Lovelace Park Field House Restroom RepairsPriority 5. Restroom renovation.1Facility 2017 3 Noyes CAC Flooring Replace floor in room 1065 Facility 2017 3 Civic Center Community Development Space ‐3rd floor Reconfigure office space, paint and replace carpeting.Facility 2017Facilities ContingencyPark 2017Parks Contingency156 of 722 City of EvanstonParks/Facilities Capital Projects Plan FY 2016‐2018Ward TypeCIP Plan YearRank within Plan Year Project Name Project Scope6 Park 2018 1 Cartwright Park RenovationsGrant & Prospect. Park Renovation1 Facility 2018 1 Chandler Center HVACReplace rooftop HVAC units5 Facility 2018 1 Civic Center Office Area ‐ Parks & RecReconfigure office space, paint and replace carpeting.8 Park 2018 1 James Park Pathway LightingInstall pedestrian lighting around walking path8Park 2018 1 James Park Pathway ReconstructionReconstruct asphalt walking path5 Facility 2017 1 Service Center Yard ‐ Parking lot/pads/entrances Resurface 1/3 of area each year for 3 years 8 Park 2018 2 James Park Playground EquipmentPlayground equipment replacement6 Park 2018 2 Bent Park Field House TuckpointingTuckpoint building3 Restroom 2018 2 South Blvd Beach RestroomPriority 7 ‐ Restroom renovation9 Restroom 2018 2 Baker Park Exterior RestroomPriority 6. Restroom renovation7 Restroom 2018 2 Lighthouse Landing Restroom RenovationsPriority 8 ‐ Renovate interior restrooms5Facility 2018 3 Fleetwood Jourdain Stage Area8 Park 2018 3 James Park Entry RenovationsDodge and Mulford. Landscape enhancements & signage at park entry5 Park 2018 3 Twiggs Park ShelterShelter renovation and equipment replacement4 Facility 2018 3 Police Station Interior EntryEnclose stairwell at entryFacility 2018Facilities ContingencyPark 2018Parks Contingency157 of 722 City of EvanstonParks/Facilities Capital Projects Plan FY 2016‐2018Ward TypeCIP Plan Year Project Name Project Scope1 Facility 2019+ Chandler Gymnasium‐Racquetball Court LightingEnergy Efficiency project1 Restroom 2019+ Arrington Lagoon RestroomPriority 9 ‐ Restroom Renovation8 Park 2019+ Clyde‐Brummel Park Brummel at Clyde. Park Renovation1 Park 2019+ Dawes/Centennial Pedestrian Path ReconstructionDempster St to NU. Reconstruct pedestrian paths4 Park 2019+ Fitzsimons Park RenovationsLee & Elmwood. Park Renovation2Park 2019+ Harbert Park Renovations E of Canal, Main to Dempster. Park Renovation5 Park 2019+ Hobart Park Renovations Foster & Ridge. Park Renovation7 Park 2019+ Independence Park RenovationsCentral & Stewart. Park Renovation4 Park 2019+ Larimer Park RenovationsCrain & Oak. Park Renovation5 Park 2019+ Philbrick Park Renovations Gaffield & Sherman. Park Renovation5 Facility 2019+ Service Center TuckpointingTuckpoint B and C building5 Restroom 2019+ Service Center Restroom RenovationsRenovate first floor washrooms in B Building9Park 2019+ Southwest Park Renovations Seward & Wesley. Replace playground, pavements and site furniture.6 Restroom 2019+ Ackerman Restroom ImprovementsPriority 11. Restroom Renovation6 Restroom 2019+ Bent Park RestroomPriority 10. Restroom Renovation5 Restroom 2019+ Civic Center 1st Floor Restroom ‐ Parks & RecRestroom Renovation158 of 722 5 Restroom 2019+ Civic Center Ground Floor North Restroom RenovationsRestroom Renovation1 Facility 2019+ Noyes CAC BasementRenovate basement spaces1 Facility 2019+ Noyes CAC Security AlarmReplace1 Facility 2019+ Noyes CAC Security CamerasReplace1 Facility 2019+ Noyes CAC Unit HeatersOriginal to building; Replace all unit heaters in 27 studios8 Facility 2019+ Levy Center Exterior Sassafras LouversReplacement of exterior sassafras louvers. 8 Facility 2019+ Levy Center Retractable Wall ReplacementReplace retractable wall in Linden Room159 of 722 For City Council meeting of April 13, 2015 Item A7 Resolution 41-R-15: Authorizing the City Manager to Negotiate and Execute an Amendment to the TIF Construction Loan Agreement with the Evanston North Shore Contractors Cooperative, LLC For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Wally Bobkiewicz, City Manager Johanna Nyden, Economic Development Manager Paul Zalmezak, Senior Economic Development Coordinator Subject: Adoption of resolution 41-R-15 Authorizing the City Manager to Negotiate and Execute an Amendment to the TIF Construction Loan Agreement with the Evanston North Shore Contractors Cooperative, LLC Date: April 9, 2015 Recommended Action: Staff recommends that the City Council adopt resolution 41-R-15 authorizing the city manager to negotiate and execute an amendment to the TIF Construction Loan Agreement with the Evanston North Shore Contractors Cooperative, LLC executed February 23, 2012. Summary Evanston North Shore Contractors Cooperative (ENSCC) has nearly completed the renovations of 1817 Church Street. ENSCC anticipates completing the first floor (approximately 2,200 square feet) in May 2015, to be occupied by the contractor’s cooperative and home design center. ENSCC reports they have leased the 2nd and 3rd floor (approximately 3,000 square feet) to a for-profit group of interconnected companies: PROACT Search; SUPES Academy; and SYNESI Associates. Images of the progress to date are attached to the memo. Staff notified ENSCC, in a meeting on January 20, 2015, that ENSCC is not in compliance with the following two terms of the agreement with the City: 1. Borrower shall complete the project no later than 18 months after receiving the building permits related to the project. Staff issued the building permit on August 7, 2012, approximately 33 months from the date of this memorandum. Memorandum 160 of 722 2. Purchaser shall during the sixty consecutive months after the deed date (April 26, 2015) operate the intended use of the property which is defined as “home repair & improvement/building trades cooperative in substantial accordance with the terms of the agreement” as it executed a lease with companies not in the business of “home repair and improvement.” As a follow up to the January 20, 2015 meeting, staff also requested ENSCC confirm in writing that they are in compliance with other agreement terms including employment, apprenticeships, minority participation, and Evanston-based business participation. Attached is ENSCC’s detailed response dated February 26, 2015. In summary, ENSCC contends they are in compliance with the agreement by delivering the home repair and improvements/building trades cooperative on the first floor and requests the City’s Right of Reverter be released. ENSCC became concerned with the financial viability of the project when it became apparent that renting all of the offices to contractors would not be possible as there was little interest in individual office rental. There instead was greater interest in renting an offsite shared storage facility for tools and materials. A long term vacancy of over 50% of the space (2nd and 3rd floor) would put the project in risk of default. As a result, ENSCC revised their strategy to assure the long term financial success of the project including the immediate need to pay the City of Evanston’s TIF Construction loan, property taxes, utilities and other operating expenses. The delay in delivering the project is the result of: 1) numerous design changes and increased budget (an additional $150,000) due to unexpected structural issues, significant neglect and disrepair, and the resulting need to raise additional funds and invest additional time to address; 2) extreme weather conditions; 3) contractors worked on income producing jobs to cover living expenses in addition to devoting “sweat equity” to 1817 Church Street. Staff has met with the ENSCC to review their request and recommends maintaining the Right of Reverter through February 2017 - the termination date of the agreement. In addition, to further the community goals of mentorship, job training, youth employment, and apprenticeship programs for individuals seeking experience in trades within the cooperative, staff recommends permitting the lease of the second and third floor use by adding the following additional responsibilities from ENSCC in the Loan Agreement: 1. Mayor’s Summer Youth Employment Program: ENSCC agrees to participate in the Mayor’s Summer Youth Employment Program for three years. ENSCC and staff will develop specific plans for participation by May 15, 2015 for 2015 and by September 1, 2015 for 2016 and 2017 participation. 161 of 722 2. ENSCC Apprenticeship Program: Members of the ENSCC will mentor three (3) Evanston residents in an apprenticeship program for a period of six months each in the trades practiced by members of the cooperative through 2017. 3. Contractors Storage Space: ENSCC will address the need of storage space for contractors in the community by investigating, identifying, and advertising available storage space and use best efforts to locate space in Evanston for resident contractors to store their equipment and materials for projects at the market rental rate. If ENSCC cannot locate space in Evanston, it will consult City staff on Evanston locations prior to identifying spaces in other communities. ENSCC will present a plan to the City for long term contractor storage within six months. 4. Evanston Rebuilding Warehouse Lease: ENSCC will lease office space at the Subject Property at a reduced rate of $500 from the regular rate of $750 per month for a period of two (2) years, beginning in 2015. 5. Event Space Rental for City of Evanston meetings: ENSCC will allow the City of Evanston to host four (4) meetings of City boards and commissions, ward meetings, or other community meetings at the Subject Property within two (2) years of the adoption of this Resolution at no charge. 6. ENSCC Job Development Mentoring: ENSCC will create a plan within three (3) months of adoption of this Resolution to identify community businesses and groups to create and implement workshops devoted to providing mentoring and networking for individuals seeking to enhance or develop their skill set to become a contractor. Upon City Council adoption of Resolution 41-R-15, staff will work with ENSCC to finalize the details of these additional requirements. Legislative History On December 12, 2011 the City Council approved: 1) Resolution 64-R-11 authorizing the city manager to execute a TIF Construction Loan Agreement for the renovation of 1817 Church Street; 2) Ordinance 106-O-11 authorizing the city manager to negotiate the sale of 1817 Church Street; and 3) Ordinance 107-O-11 authorizing the city manager to execute the sale of 1817 Church Street. Also at this meeting, the City Council approved a payment of $220,000 to HUD to reimburse HUD the money invested in the property during the City’s ownership. 162 of 722 Attachments: -Resolution 41-R-15 -Evanston North Shore Contractors Cooperative Response -TIF Construction Loan Agreement -Agreement for Sale of Real Estate -Photographs 163 of 722 4/8/2015 41-R-15 A RESOLUTION Authorizing the City Manager to Negotiate and Execute an Amendment to the TIF Construction Loan Agreement with the Evanston North Shore Contractors Cooperative, LLC WHEREAS, the City Council adopted Ordinance 107-O-11 on January 9, 2012 approving the sale of City owned property located at 1817 Church Street (“Subject Property”) to the Evanston North Shore Contractors Cooperative (“ENSCC”) for the purpose of ENSCC rehabilitating the Subject Property to make it suitable for use as offices for a home repair and improvement/building trades cooperative (the “Intended Use”); and WHEREAS, the City Council adopted Resolution 64-R-11 on January 9, 2012 approving the execution of a TIF Construction Loan Agreement (the “Loan Agreement”) to ENSCC in the amount of Two Hundred Thousand Dollars ($200,000) to fund, in part, the aforementioned renovations of the Subject Property; and WHEREAS, ENSCC has completed the renovations to the Subject Property and the Intended Use outlined in the purchase and sale agreement and the Loan Agreement is implemented on the first floor of the Subject Property and the second and third floor has commercial tenants which deviates from the Intended Use; and WHEREAS, the City Council of the City of Evanston has determined it is in the best interests of the City to amend the Agreement to permit the lease of the second and third floor use by including additional responsibilities from ENSCC in the Loan Agreement to further community goals of mentorship, job training, youth employment, and apprenticeship programs for individuals seeking experience in trades 164 of 722 41-R-15 ~2~ within the cooperative and in consideration the City acknowledges compliance with the project goals, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The City Manager is hereby authorized and directed to negotiate and execute an amendment to the Loan Agreement by and between the City of Evanston and the ENSCC in conformance with the terms outlined in Section 2 of this Resolution. SECTION 2: ENSCC acknowledges and agrees that the terms listed below will be added to Section III “Borrower’s Responsibilities” of the Loan Agreement. Except for ENSCC’s responsibility to pay the Loan and the additional conditions added below, ENSCC is in compliance with the terms of the Loan Agreement. The additional requirements by the Borrower to fulfill under Section III of the Loan Agreement will be as follows: (a) Mayor’s Summer Youth Employment Program: ENSCC agrees to participate in the Mayor’s Summer Youth Employment Program for three years. ENSCC and staff will develop specific plans for participation by May 15, 2015 for 2015 and by September 1, 2015 for 2016 and 2017 participation. (b) ENSCC Apprenticeship Program: Members of the ENSCC will mentor three (3) Evanston residents in an apprenticeship program for a period of six months each in the trades practiced by members of the cooperative through 2017. (c) Contractors Storage Space: ENSCC will address the need of storage space for contractors in the community by investigating, identifying, and advertising available storage space and use best efforts to locate space in Evanston for resident contractors to store their equipment and materials for projects at the market rental rate. If ENSCC cannot locate space in Evanston, it will consult City staff on Evanston locations prior to 165 of 722 41-R-15 ~3~ identifying spaces in other communities. ENSCC will present a plan to the City for long term contractor storage within six months. (d) Evanston Rebuilding Warehouse Lease: ENSCC will lease office space at the Subject Property at a reduced rate of $500 from the regular rate of $750 per month for a period of two (2) years, beginning in 2015. (e) Event Space Rental for City of Evanston meetings: ENSCC will allow the City of Evanston to host four (4) meetings of City boards and commissions, ward meetings, or other community meetings at the Subject Property within two (2) years of the adoption of this Resolution at no charge. (f) ENSCC Job Development Mentoring: ENSCC will create a plan within three (3) months of adoption of this Resolution to identify community businesses and groups to create and implement workshops devoted to providing mentoring and networking for individuals seeking to enhance or develop their skill set to become a contractor. SECTION 3: That the City Manager is hereby authorized and directed to negotiate the language of the Loan Agreement amendment and any additional terms as may be determined to be in the best interests of the City. SECTION 4: That this Resolution 41-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 166 of 722 167 of 722 168 of 722 169 of 722 170 of 722 171 of 722 172 of 722 173 of 722 174 of 722 175 of 722 176 of 722 177 of 722 178 of 722 179 of 722 180 of 722 181 of 722 182 of 722 183 of 722 184 of 722 185 of 722 186 of 722 187 of 722 188 of 722 189 of 722 190 of 722 191 of 722 192 of 722 193 of 722 194 of 722 195 of 722 196 of 722 197 of 722 198 of 722 199 of 722 200 of 722 201 of 722 202 of 722 203 of 722 204 of 722 205 of 722 206 of 722 207 of 722 208 of 722 209 of 722 210 of 722 211 of 722 212 of 722 213 of 722 214 of 722 215 of 722 216 of 722 217 of 722 218 of 722 219 of 722 220 of 722 221 of 722 222 of 722 223 of 722 224 of 722 225 of 722 226 of 722 227 of 722 228 of 722 229 of 722 230 of 722 231 of 722 232 of 722 233 of 722 234 of 722 235 of 722 236 of 722 237 of 722 238 of 722 239 of 722 240 of 722 241 of 722 242 of 722 243 of 722 244 of 722 245 of 722 246 of 722 247 of 722 248 of 722 249 of 722 For City Council meeting of April 13, 2015 Item A8 Resolution 37-R-15: Dempster Street Traffic Signal Project For Action 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 Engineering & Infrastructure Rajeev Dahal Senior Project Manager Subject: Resolution 37-R-15 Dempster Street Traffic Signal Modernization and Coordination Project Date: April 3, 2015 Recommended Action: Staff recommends adoption of the proposed Resolution 37-R-15 approving and authorizing the City Manager to sign the Local Agency Agreement Amendment #1 for Federal Participation with the Illinois Department of Transportation (IDOT) for the Dempster Street traffic signal modernization and coordination project. The total cost for construction and construction engineering is $1,195,000 of which the feredal share is $955,000 (80%) and the City share is $240,000 (20%). Funding Source: Funding for this work will be from the CMAP and Capital Improvement Plan (CIP) (Account 415941) in the amount of: Construction: Federal Share - $861,000; City share - $216,000 Construction Engineering: Federal Share - $ 94,000; City share - $ 24,000 Total: Federal Share - $955,000; City share - $240,000 Summary IDOT opened the bids for the project on March 06, 2015. The low bid was submitted by Home Towne Electric in the amount of $1,076,598.10 and was higher than the engineers initial estimate by $273,000. To address the cost increase, City staff requested CMAP for additional funds and attended the committee meeting on March 26, 2015. After review and discussion, CMAP Committee voted unanimously to increase the federal share for construction by $221,000 and construction engineering by $17,000 for a total increase of $238,000. The City portion of the increase is $35,000, which is still within the adopted CIP budget for this project. (See page 231 of the FY2015 City of Evanston Budget.) Memorandum 250 of 722 Legislative History: The City Council approved Resolution 10-R-13 on February 11, 2013, Resolution 66-R- 13 on November 25, 2013, and Resolution 94-R-14 on December 8, 2014 authorizing the City Manager to execute the Local Agency Agreements with the IDOT and the Engineering Services Agreements with HLR. Attachment: Resolution 37-R-15 Resolution 94-R-14 Local Agency Agreement Amendment #1 Location Map 251 of 722 3/31/2015 37-R-15 A RESOLUTION Approving and Authorizing the City Manager to Execute the Local Agency Amendment #1 for Federal Participation with the Illinois Department of Transportation and Appropriating Funds for the Dempster Street Traffic Signal Modernization and Coordination Project WHEREAS, the City of Evanston (“City”) and the Illinois Department of Transportation (“IDOT”), in the interest to promote safe and efficient roadway system, have a continued desire to modernize and interconnect the traffic signals at Dempster Street (See map, attached hereto as Exhibit A, said services to be identified as State Section: 12-00262- 00-TL, State Job: C-91-467-12, and Project Number: CMM-4003(048) (hereinafter, the “PROJECT”); and WHEREAS, the PROJECT has been approved by IDOT to receive Federal Congestion Mitigation and Air Qualification (“CMAQ”) funds for 80% of Construction and Construction Engineering costs; and WHEREAS, in order to obtain federal funding of local highway improvements, the City is required, under IDOT policies, to enter into an agreement for the funding of said local improvements; and WHEREAS, on December 8, 2015, the City Council approved Resolution 94-R- 14, attached hereto as Exhibit B, which approved and authorized the City Manager to sign the Local Agency Agreement for Federal Participation with IDOT; and WHEREAS, Resolution 94-R-14 approved construction costs in the amount of eight hundred three thousand five hundred dollars ($803,500.00), of which the City would fund one hundred sixty three thousand five hundred dollars ($164,500.00) from the Capital 252 of 722 37-R-15 ~2~ Improvement Fund (“CIP”) and the Federal Congestion Mitigation and Air Quality Improvement (“CMAQ”) program would fund six hundred forty thousand dollars ($640,000.00); and WHEREAS, Resolution 94-R-14 approved construction engineering costs in the amount of one hundred eighteen thousand three hundred dollars ($118,300.00), of which the City would fund forty one thousand five hundred dollars ($41,500.00) and the Federal CMAQ program would fund seventy six thousand eight hundred dollars ($76,800.00); and WHEREAS, upon IDOT opening bids for the project, the lowest bid was substantially higher than the initial estimate presented in Resolution 94-R-14, requiring the City to submit the Local Agency Amendment #1 for Federal Participation between the State of Illinois and the City defining the supplemental local share of the cost of the improvement, said Amendment attached hereto as Exhibit C. WHEREAS, the City Council of the City of Evanston has determined it is in the best interests of the City to enter into said Amendment, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the attached Local Agency Amendment #1 for Federal Participation is hereby approved and, further, approves the revised construction cost of one million seventy seven thousand dollars ($1,077,000.00) and approves the revised construction engineering costs of one hundred eighteen thousand dollars ($118,000.00), totaling one million one hundred ninety five thousand dollars ($1,195,000.00); and SECTION 2: That the City hereby appropriates two hundred sixteen thousand dollars ($216,000.00) from the Capital Improvement Program (“CIP”) fund for construction 253 of 722 37-R-15 ~3~ costs and one hundred eighteen thousand dollars ($118,000.00) from the Capital Improvement Program (“CIP”) , of which ninety four thousand dollars ($94,000.00) will be reimbursed to the City by the State of Illinois for construction engineering costs; and SECTION 3: That the City Manager is hereby authorized to execute and the City Clerk hereby authorized to attest to the Local Agency Amendment #1 for Federal Participation made with IDOT, attached hereto as Exhibit C and made a part hereof. SECTION 4: That the City Manager is hereby authorized and directed to negotiate any additional conditions of the Amendment as may be determined to be in the best interests of the City. SECTION 5: That this Resolution 37-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 254 of 722 37-R-15 ~4~ EXHIBIT A Project Location Map 255 of 722 256 of 722 37-R-15 ~5~ EXHIBIT B Resolution 94-R-14 257 of 722 258 of 722 259 of 722 37-R-15 ~6~ EXHIBIT C Local Agency Amendment #1 for Federal Participation 260 of 722 Printed 4/6/2015 Page 1 of 2 BLR 05311 (Rev. 07/11/14) Local Agency City of Evanston State Contract Day Labor Local Contract RR Force Account Local Agency Amendment # 1 for Federal Participation Section: 12-00262-00-TL Fund Type: CMAQ ITEP and/or SRTS Number Construction Engineering Right-of-Way Job Number Project Number Job Number Project Number Job Number Project Number C-91-467-12 CMM-4003(048) This Amendment is made and entered into between the above local agency hereinafter referred to as the “LA” and the state of Illinois, acting by and through its Department of Transportation, hereinafter referred to as “STATE”. The STATE and LA jointly propose to improve the designated location as described below. The improvement shall be constr ucted in accordance with plans approved by the STATE and the STATE’s policies and procedures approved and/or required by the Federal Highway Administration hereinafter referred to as “FHWA”. Location Location Dempster Street Route FAU 3727 Length 0.5 mile Termini Fowler Avenue to Dodge Avenue Current Jurisdiction STATE TIP Number 02-12-0006 Existing Structure No. N/A Amended Division of Cost Type of Work CMAQ % % LA % Total Participating Construction 861,000 ( * ) ( ) 216,000 ( BAL ) 1,077,000 Non-Participating Construction ( ) ( ) ( ) Preliminary Engineering ( ) ( ) ( ) Construction Engineering 94,000 ( * ) ( ) 24,000 ( BAL ) 118,000 Right of Way ( ) ( ) ( ) Railroads ( ) ( ) ( ) Utilities ( ) ( ) ( ) Materials TOTAL $ 955,000 $ $ 240,000 $ 1,195,000 *Maximum FHWA (CMAQ) participation 80% not to exceed $955,000. NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The final LA share is dependent on the final Federal and State participation. The actual costs will be used in the final division of cost for billing and reimbursment. If funding is not a percentage of the total, place an asterisk in the space provided for the percentage and explain above. Changes to Agreement Provisions See attached Resolution reflecting additional CMAQ participation and local funding appropriation and signature authorization. BE IT MUTUALLY AGREED that all remaining provisions of the original agreement not altered by this Amendment shall remain in full force and effect and the Amendment shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. 261 of 722 Printed 4/6/2015 Page 2 of 2 BLR 05311 (Rev. 02/13/14) The LA further agrees, as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this Amendment. APPROVED APPROVED Local Agency State of Illinois Department of Transportation Wally Bobkiewicz Name of Official (Print or Type Name) Randall S. Blankenhorn, Acting Secretary Date City Manager By: Title (County Board Chairperson/Mayor/Village President/etc.) Aaron A. Weatherholt, Deputy Director of Highways Date Omer Osman, Director of Highways/Chief Engineer Date (Signature) Date The above signature certifies the agency’s TIN number is William M. Barnes, Chief Counsel Date 36-6005870 conducting business as a Governmental Entity. DUNS Number 074390907 Director of Finance and Administration Date NOTE: If signature is by an APPOINTED official, a resolution authorizing said appointed official to execute this agreement is required. required. 262 of 722 For City Council meeting of April 13, 2015 Item A9 Resolution 39-R-15: UPN Right-of-Way Agreement for Fiber Network For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Erika Storlie, Deputy City Manager Suzette Robinson, Director of Public Works Sat Nagar, P.E., Assistant Director, Engineering & Infrastructure Rajeev Dahal, Senior Project Manager - Traffic and Right of Way Subject: Resolution 39-R-15, Authorizing an Right-of-Way Agreement with Unite Private Networks for the Installation of Dark Fiber Optic Cable Date: April 6, 2015 Recommended Action: Staff recommends City Council adoption of Resolution 39-R-15, authorizing the City Manager to negotiate and execute a Right-of-Way Agreement with Unite Private Networks-Illinois, LLC (UPN), of 120 S. Steward Rd., Liberty MO, for the construction of a dark fiber communications network in the public right-of-way to be leased by Evanston/Skokie School District 65. Summary: UPN has contracted with District 65 to provide wide area network (WAN) service via fiber optic cable. UPN is to construct and maintain the fiber network in the City right of way and the district will lease the service from UPN. In order to accomplish this UPN needs a Right-of-Way agreement with the City. The scope of this project includes running both aerial and underground cables between 19 District locations, 17 of which are within the city limits of the City of Evanston. The fiber network will provide 10 GB Ethernet service to all schools and administration buildings in the district. Once installed, UPN will own and maintain the WAN facilities/fiber network for District 65 and the District 65 will pay a monthly fee for usage. The work includes the installation of approximately 58,000 feet of new underground and aerial fiber-optic cable. To minimize disturbance and to reduce construction interference with traffic flow, the majority of the construction will be completed via directional boring in the parkway. The contractor is required to send out flyers informing Memorandum 263 of 722 residents about the construction activities and the project duration in affected areas. The flyer shall be circulated with the contractor’s contact information to get feedback on any concerns to the residents during construction. UPN is classified as a telecommunications provider under the IL Telecom Act, and as such, the City may impose upon UPN a 1% fee of annual gross charges for the duration of the 7 year agreement and all subsequent renewal years of future agreements. For the current 7 year agreement between UPN and District 65 the cost of the fee to be charged would be $13,438.50. However, UPN has agreed to provide in-kind services to the City of Evanston in exchange for waiving this fee. The in-kind service includes extending dark fiber from the city’s existing network to three city owned sites that are currently not on the City fiber network. The installation of dark fiber at the following three sites will be provided by UPN at no cost to the city: 1. Evanston Ecology Center, 2024 McCormick Blvd. 2. Gibbs-Morrison Cultural Center, 1823 Church St. 3. Mason Park Fieldhouse/Drop-in Center, Church St. & Florence Ave. The city will receive substantial savings from the fiber installation that will expand from the city’s existing network. Currently we are paying monthly fees for this service to a third party vendor (Comcast) because there is no fiber run to each location. Once the fiber is run and online, the City will no longer incur monthly fees as the City will own the fiber strands installed for us by UPN. Location Current Cost of Service (site off City network) Cost after Fiber Installation (site on City network) Ecology Center 7,200/year $0 Gibbs-Morrison Cultural Center 1,800/year* $0 Mason Park 1,200/year $0 *estimated - Center opens in June 2015. Savings to the City once the fiber is operational will be $10,200 per year, for a total of $71,400 over the next 7 years. Funding Source: No City funding is required for this fiber optic cable installation. UPN will be assessed permits fees to a maximum $500 to be deposited into Right-of-Way account 2630.52126. No additional obstruction fees related to the installation of the dark fiber will be assessed pursuant to all applicable laws including the Illinois Telecommunications Act. 264 of 722 Attachments: Resolution 39-R-15 Map of Proposed Dark Fiber Network (Exhibit 1) Draft Right-of-Way Agreement (Exhibit 2) 265 of 722 4/3/2015 39-R-15 A RESOLUTION Authorizing the City Manager to Negotiate and Execute a Right-of-Way Agreement with Unite Private Networks-Illinois, LLC for the Installation of Dark Fiber Optic Cable WHEREAS, the City and Unite Private Networks-Illinois, LLC, an Illinois limited liability company (“UPN”) desire to enter into a right-of-way agreement, the City granting to UPN the right to install and maintain its fiber optic cable and related equipment (the “Agreement”) on public property all within the City of Evanston (the “Agreement Route”); and WHEREAS, UPN desires a right-of-way agreement for a term of seven (7) years and six (6) months with the right to renew upon mutual agreement thereafter for the Agreement Route, more fully detailed in the Agreement Route attached as Exhibit “1”; and WHEREAS, the Agreement will be for UPN to construct, reconstruct, operate, maintain, and repair a dark fiber optic system (“the Dark Fiber System”) and to serve Evanston/Skokie Community Consolidated School District 65 via the fiber optic system lines more fully detailed in the Agreement Route attached as Exhibit “1”; and WHEREAS, the installation of the dark fiber optic system requires attachment of cable to existing utility poles and by boring for underground conduits; and WHEREAS, the City is willing to grant to UPN the aforementioned Agreement upon the conditions and representations set forth. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: 266 of 722 39-R-15 ~2~ SECTION 1: That the City Manager is hereby authorized and directed to sign, and the City Clerk is hereby authorized and directed to attest, on behalf of the City of Evanston, an Agreement for the term of seven (7) years and six (6) months with the right to renew upon mutual agreement thereafter between the City of Evanston and UPN, attached hereto as Exhibit “2” and incorporated herein by reference, providing for the installation dark fiber optic cable in the City. SECTION 2: That the City Manager or his designee is hereby authorized and directed to negotiate any additional terms and conditions of the Agreement as may be determined to be in the best interests of the City. SECTION 3: That UPN shall, at its cost, record a certified copy of this resolution, including all Exhibits attached hereto, with the Cook County Recorder of Deeds, before the City may issue any permits related to the construction or installation of the utility cabinets on the Subject Property. SECTION 4: That 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. _______________________________ Elizabeth B. Tisdahl, Mayor Attest: ______________________________ Rodney Greene, City Clerk Adopted: __________________, 2015 267 of 722 39-R-15 ~3~ EXHIBIT 1 AGREEMENT ROUTE 268 of 722 269 of 722 39-R-15 ~4~ EXHIBIT 2 AGREEMENT 270 of 722 1 AGREEMENT between UNITE PRIVATE NETWORKS-ILLINOIS, LLC an Illinois limited liability company and CITY OF EVANSTON An Illinois municipal corporation, 271 of 722 2 TABLE OF CONTENTS 1. Recitals.. ..................................................................................................................... 3 2. Installation of Cable.. .................................................................................................. 3 3. Construction and Maintenance. .................................................................................. 4 4. Performance Security. ................................................................................................. 6 5. Insurance. . ................................................................................................................ 7 6. Indemnification. . ...................................................................................................... 9 7. Term. ....................................................................................................................... 10 8. Company’s Installation of City Fibers. .................................................................... 10 9. Default. .................................................................................................................. 11 10. Remedies. ................................................................................................................. 11 11. Removal upon Termination.. .................................................................................... 11 12. Abandonment of Facilities.. ...................................................................................... 11 13. Legal Considerations.. ............................................................................................... 11 14. Notices. .................................................................................................................... 12 15. Assignability.. ........................................................................................................... 12 16. Binding Effect.. ........................................................................................................ 13 17. Severability.. ............................................................................................................. 13 18. Governing Law.. ....................................................................................................... 13 272 of 722 3 AGREEMENT FOR USE OF RIGHT OF WAY THIS AGREEMENT FOR USE OF RIGHT OF WAY (“Agreement”) is made this ___ day of April, 2015 by and between the City of Evanston, an Illinois municipal corporation (the “City”) and Unite Private Networks-Illinois, LLC, an Illinois limited liability company (the “Company”). Hereinafter, the City and the Company shall be referred to as the “Parties.” RECITALS 1. The Company has requested permission from City to install fiber optic cable ("Communication Facilities") in the right of way of certain City streets, by attaching said cable to existing utility poles located in said rights of way, and also by means of underground installation. 2. The route of the fiber optic cable will be as shown on Exhibit A, attached hereto and made a part hereof. 3. The City is willing to allow installation of the Company's fiber optic cable upon the City right of way under the terms and conditions of this Agreement. 4. The City and Company have the authorization to execute this Agreement as an exercise of the City’s home rule authority and the Company’s corporate authority. 5. The City Council enacted Resolution 39-R-15 on April 13, 2015 to authorize the City Manager to sign this Agreement. 6. The purposes, powers, rights, objectives, and responsibilities of the City and Company under this Agreement are fully set forth herein. NOW, THEREFORE, in consideration of the promises of each of the parties to the other and the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, they agree as follows: 1. Recitals. The recitals are a material part of this Agreement and are incorporated herein by reference. 2. Installation of Cable. The City hereby grants to the Company the right to install and maintain its fiber optic cable and related equipment (the "System") in the right of way of the City along the route described in Exhibit A, subject to the terms of this Agreement. The City Engineer shall have the authority to approve minor deviations of the route upon written application of the Company. This grant shall not be considered permission to provide local telecommunications in the City of Evanston (except nothing in this Agreement shall impair the Lease and Indefeasible Right of Use of Evanston/Skokie Community Consolidated School District 65 with respect to the District's Lit or Dark Fiber Agreements), and the City reserves any and all rights it has under law to require a franchise for such services to properties located with the City. 273 of 722 4 The Company understands and acknowledges that the Company shall obtain all permits that are required for the installation of the System. In exchange for the Company’s installation of City fiber as described in Section 7, the City shall, for so long as the System remains within any City Right of Way (ROW), waive the ongoing franchise fee of 1%, waive the obstruction fee, limit all applicable fees to five hundred dollars ($500.00), for the installation and maintenance of the System within the City ROW. The Company shall be responsible for any pavement degradation costs resulting from said System installation and maintenance during the term of this Agreement. 3. Construction and Maintenance. A. Prior to installation of any cable in the City right of way, the Company shall submit plans and specifications for the installation to the City Engineer. The cable shall be installed in a reasonable manner as approved by the City Engineer. The plans and specifications shall be provided by the Company to the City not less than thirty (30) days prior to the commencement of work. The City Engineer shall specify the portion of the right-of-way upon which the System may be placed, used and constructed. Communication facilities within the City rights-of-way shall be constructed, operated, and maintained in conformity with the provisions of 83 Ill. Adm. Code Part 305 (formerly General Order 160 of the Illinois Commerce Commission) entitled "Rules for Construction of Electric Power and Communication be submitted to the City Engineer for approval prior to the work being completed. As-built drawings shall be supplied to the City Engineer within 90 days of completion of the permitted work. The As-built drawings shall specifically identify where the locations of the actual facilities deviate from the locations approved in the permit. Additionally, the As-built drawings shall be submitted to the City in an electronic version that is GIS- compatible. B. A permit for work in the City right-of-way shall be obtained before any work is commenced. The Company shall provide any necessary or required traffic control at its expense. No material shall be stored on the right of way without the prior written approval of the City Engineer. When such storage is permitted, all pipe, conduit, wire, poles, cross arms, or other materials shall be distributed along the right-of-way prior to and during installation in a manner to minimize hazards to the public or an obstacle to right of way maintenance or damage to the right-of-way and other property. C. The System hereafter installed shall be so placed and all work in connection with such installation shall be so performed as not to interfere with ordinary travel on the right of way of the City unless specifically authorized by the City Engineer, or with any water, gas or sewer pipes or other utility conduits or cable television conduits or wires then in place, or hereafter placed. Company, after doing any excavating, shall leave the surface of the ground in the same condition as existed prior to such excavation. All sidewalks, parkways or pavements, 274 of 722 5 including driveway approaches, disturbed by said Company shall be restored by it, and the surface to be restored shall be with the same type of material as that existing prior to its being disturbed unless otherwise specified by the City Engineer. In the event that any right-of-way, real property, or fixed improvement thereon shall become uneven, unsettled, damaged, or otherwise require restoration, repair or replacement because of such disturbance or damage of the Company, then the Company shall promptly, but in no event longer than fourteen (14) days after receipt of notice from the City, and at the Company's sole cost and expense, restore as nearly as practicable to their former condition said property or improvement which was disturbed or damaged. Should adverse weather conditions cause delay in completing the work, the Company shall promptly notify the City immediately upon onset of the delay. Thereafter, the City Engineer, in his sole discretion, may direct temporary repairs be made to remain in place until the weather allows permanent repairs to be installed and the Company shall promptly install said temporary repairs or extend such time for work completion to a date certain. The date extension shall take into account the weather conditions and other factors affecting the work. The Company shall complete the work on or before the date certain. Any such restoration of the City's right- of-way by the Company shall be made in accordance with such materials and specification as may from time to time, be then provided for the ordinance or regulation of the City and to the satisfaction of the City Engineer. The Company shall notify the City when the work is completed. If the Company fails to restore the property in accordance with the above, then the City may, if it so desires, contract with a third party for such restoration or utilize its own work forces to restore such property. The Company shall pay the reasonable cost incurred by the City for such restoration within twenty-one (2l) days after the receipt of a written bill for such cost. D. The City shall have no obligation to mark the location of Company's facilities. Company acknowledges that it has the opportunity to become a member of the statewide "One Call" Utility Location system (JULIE), and that the Company agrees that it will become a member as a requirement of this Agreement and that such a system is designed to alert Company to planned work in the right of way, so that Company can mark the location of its facilities to avoid damage. The City shall have no obligation to alert Company to proposed work by itself or others, other than as a participating member of the JULIE system. E. Construction operations on rights-of-way may, at the discretion of the City, be required to be discontinued when such operations would create hazards to traffic or the public health, safety, and welfare. Such operations may also be required to be discontinued or restricted when conditions are such that construction would result in extensive damage to the right of way or other property. F. Within one hundred eighty (180) days following written notice from the City, 275 of 722 6 the Company shall at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any System facilities within the rights of way whenever the corporate authorities have determined that such removal, relocation, change or alteration, is reasonably necessary for the construction, repair, maintenance or installation of any City improvement in or upon, or the operations of the City in or upon, the rights of way. Within thirty (30) days following written notice from the City, the Company shall, at its own expense, remove from the rights of way all or any part of any unauthorized facility or related appurtenances that Company owns, controls, or maintains within the rights of way. A facility is unauthorized and subject to removal in the following circumstances: 1) Upon expiration or termination of the permittee’s license or franchise, unless otherwise permitted by applicable law; 2) If the facility was constructed or installed without the prior grant of a license or franchise, if required; 3) If the facility was constructed or installed without prior issuance of a required permit; or 4) If the facility was constructed or installed at a location not permitted by the permittee's license or franchise. The City retains the right and privilege to cut or move any facilities located within the rights of way of the City, as the City may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the municipality shall attempt to notify the Company, if known, prior to cutting or removing a facility and shall notify the Company, if known, after cutting or removing a facility. G. Except as provided in the following Section, the Company shall not spray, inject or pour any chemicals on or near any trees, shrubs or vegetation in the City for any purpose, including the control of growth, insects or disease. H. The Company shall annually provide one or more contact persons who can act on its behalf in connection with emergencies involving the Company's facilities in the right of way and a 24-hour telephone number for such persons. 4. Performance Security. Prior to issuance of any permits, the Company shall provide to the City a surety bond in the amount of seventy-five thousand dollars ($75,000.00). The surety bond shall be maintained at the seventy-five thousand dollar level throughout the term of the fiber construction. The surety bond shall be available to the City to satisfy all claims, liens or other amounts due the City from the Company which arise by reason of work by the Company, to satisfy and actual damages arising out of a breach of this franchise agreement, and to satisfy any assessments under this agreement. 276 of 722 7 If the surety bond is drawn upon by the City in accordance with the procedures in this agreement, the Company shall cause the surety bond to be reissued in the full amount required no later than the later of thirty (30) days after the last withdrawal. Failure to reissue the surety bond shall be deemed a material breach of the permit. Nothing in this Agreement shall be deemed a waiver of the normal permit and bonding requirements generally applicable to persons performing work in the City's right of way except the waivers provided for in Section 2 of this Agreement. The surety bond will be partially released in the amount of ninety percent (90%) of the original amount upon satisfactory completion of the work as described in Exhibit A. The remaining ten percent (10%) of the surety bond shall remain one year after completion of project. 5. Insurance. The Company shall, at its own expense, secure and maintain in effect throughout the duration of this contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Company, its agents, representatives, employees or subcontractors. Company acknowledges and agrees that if it fails to comply with all requirements of this Section 5, the City may void the Agreement after a cure period of thirty (30) days. The Company must give to the City Certificates of Insurance identifying the City to be an Additional Insured for all work done pursuant to this Agreement before City staff recommends award of the contract to City Council. Any limitations or modifications on the Certificate(s) of Insurance issued to the City in compliance with this Section that conflict with the provisions of Section 5 shall have no force and effect. After award of the Agreement to the Company, the Company shall give the City a certified copy(ies) of the insurance policy(ies) evidencing the amounts set forth in this Section, and copies of the Additional Insured endorsement to such policy(ies) which name the City as an Additional Insured for all work done pursuant to this Agreement before Company does any work pursuant to this Agreement. Company’s Certificate of Insurance shall contain a provision that the coverage afforded under the policy(s) will not be canceled or reduced without thirty (30) days prior written notice (hand delivered or registered mail) to the City. Company shall promptly forward new certificate(s) of insurance evidencing the coverage(s) required herein upon renewal of the subject policies, if applicable. The policies and the Additional Insured endorsement must be delivered to the City within two (2) weeks of the request. All insurance policies shall be written with insurance companies licensed or authorized to do business in the State of Illinois and having a rating of not less than A-VVII according to the A.M. Best Company. Should any of the insurance policies be canceled before the expiration date, the issuing company will mail thirty (30) days written notice to the City. The Company shall 277 of 722 8 require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Company shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. Contractor shall carry and maintain at its own cost with such companies as are reasonably acceptable to the City all necessary liability insurance (which shall include as a minimum the requirements set forth below) during the term of this Agreement, for damages caused or contributed to by Company, and insuring Company against claims which may arise out of or result from Company’s performance or failure to perform the services hereunder: A. Commercial general liability insurance, including premises- operations, explosion, collapse, and underground hazard (commonly referred to as "X," "C," and "U" coverages) and products-completed operations coverage with limits not less than: 1) Three million dollars ($3,000,000) for bodily injury or death to each person; 2) Three million dollars ($3,000,000) for property damage resulting from any one accident; and 3) Five million dollars ($5,000,000) for all other types of liability; B. Automobile liability for owned, non-owned and hired vehicles with a combined single limit of one million dollars ($1,000,000) for personal injury and property damage for each accident; C. Worker's compensation with statutory limits; and D. Employer's liability insurance with limits of not less than five hundred thousand dollars ($500,000) per employee and per accident. E. The Parties agree that the insurance requirements in this Section can be met through a combination of primary and excess or umbrella policies. Company understands that the acceptance of Certificates of Insurance, policies, and any other documents by the City in no way releases the Company and its subcontractors from the requirements set forth herein. Company expressly agrees to waive its rights, benefits and entitlements under the “Other Insurance” clause of its commercial general liability insurance policy as respects 278 of 722 9 the City. In the event Company fails to purchase or procure insurance as required above, the parties expressly agree that Company shall be in default under this Agreement, and that the City may recover all losses, attorney’s fees and costs expended in pursuing a remedy, or reimbursement, at law or in equity, against Company. 6. Indemnification. The Company shall defend, indemnify, and hold harmless the City and its officers, elected and appointed officials, agents, and employees from any and all liability, losses, or damages as a result of claims, demands, suits, actions, or proceedings of any kind or nature, including but not limited to costs, and fees, including attorney’s fees, judgments or settlements, resulting from or arising out of any negligent or willful act or omission on the part of the Company or Company’s subcontractors, employees, agents or subcontractors during the performance of this Agreement. Such indemnification shall not be limited by reason of the enumeration of any insurance coverage herein provided. This provision shall survive completion, expiration, or termination of this Agreement. Nothing contained herein shall be construed as prohibiting the City, or its officers, agents, or employees, from defending through the selection and use of their own agents, attorneys, and experts, any claims, actions or suits brought forth against them. The Company shall be liable for the costs, fees, and expenses incurred in the defense of any such claims, actions, or suits. Nothing herein shall be construed as a limitation or waiver of defenses available to the City and employees and agents, including but not limited to the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq. At the City Corporation Counsel’s option, Company must defend all suits brought upon all such losses and must pay all costs and expenses incidental to them, but the City has the right, at its option, to participate, at its own cost, in the defense of any suit, without relieving Company of any of its obligations under this Agreement. Any settlement of any claim or suit related to this project by Company must be made only with the prior written consent of the City Corporation Counsel, if the settlement requires any action on the part of the City. To the extent permissible by law, Company waives any limits to the amount of its obligations to indemnify, defend, or contribute to any sums due under any losses, including any claim by any employee of the Company that may be subject to the Illinois Workers Compensation Act, 820 ILCS 305/1 et seq. or any other related law or judicial decision. The City, however, does not waive any limitations it may have on its liability under the Illinois Workers Compensation Act, the Illinois Pension Code or any other statute. The Company shall be responsible for any losses and costs to repair or remedy work performed under this Agreement resulting from or arising out of any act or omission, neglect, or misconduct in the performance of its work or subcontractors’ work. Acceptance of the work by the City will not relieve the Company of the responsibility for subsequent correction of any such error, omission and/or negligent acts or of its 279 of 722 10 liability for loss or damage resulting therefrom. All provisions of this Section 6 shall survive completion, expiration, or termination of this Agreement. 7. Term. The term of this Agreement shall be for a period of seven (7) years and six (6) months from and after the date first set forth above, unless terminated earlier in accordance with Section 10. This Agreement can be extended upon mutual agreement of City and Company within 60 days prior to the expiration of any term. 8. Company’s Installation of City Fibers. The Company agrees to provide twelve (12) single mode fiber strands to each of the three locations listed below for the exclusive use of the City at all times (“City Fibers”) at no cost to the City. Each location’s fiber run will include locater wire for easy identification and depth measurement. The three locations to be provided with City Fibers are as follows: A. Mason Park, 1600 Church Street, Evanston, IL; B. Gibbs-Morrison Cultural Center, 1823 Church Street, Evanston, IL; and C. Ecology Center, 2024 McCormick Boulevard, Evanston, IL. Company agrees to include splicing and fiber termination, including resources to assist in the identification of which spare strands from the City’s existing network can be spliced into the new fiber extensions. Company shall ensure City Fibers are properly working prior to transfer to the City. A citywide map showing the as-built locations of the City Fibers shall be provided to the City Engineer showing all facilities including hand holes that are located within the City right-of-way. Legal title to the twelve (1) City Fibers at each location shall be held by the City. Legal title to all property of the City shall remain with the City, and nothing herein shall be deemed to relinquish City’s right, title, interest or control of such property, including public rights of way. Company shall provide the City with a one (1) year warranty against the City Fiber’s unacceptable signal loss once the City Fibers have been integrated or spliced into the City’s fiber network. Company agrees to install the City Fibers by November 15, 2015. If the Company fails to install City Fibers by November 15, 2015, Company agrees to pay the City five percent (5%) of monthly gross revenues until installation of the City Fibers is finalized. Company acknowledges and agrees that the aforementioned payment shall not be deemed to be in the nature of a tax, and shall be in addition to any and all taxes of general applicability and other fees and charges which do not fall within the definition of a franchise fee under 47 U.S.C. § 542. 280 of 722 11 9. Default. Failure or unreasonable delay by any party to perform any term or provision of this Agreement for a period of ten (10) days after written notice thereof from another party shall constitute a default under this Agreement. If the default is of a nature which is not capable of being cured within sixty (60) days, the cure shall be commenced within such period, and diligently pursued to completion. The notice shall specify the nature of the alleged default and the manner in which the default may be satisfactorily cured. In the event of a default hereunder by any party, each non- defaulting party shall be entitled to all remedies at both law and in equity. 10. Remedies. Any material violation by the Company, its contractors, or its successors of the material provisions of this Agreement, shall be cause for the termination of this Agreement and all rights hereunder, provided again that the City shall first notify the Company in writing, the condition or act on which the violation is charged, and the Company shall have sixty (60) days within which to remedy such condition or act, and provided further, that should the immediate remedy thereof be out of the control of the Company, the company shall have a reasonable time thereafter to make said correction. 11. Removal upon Termination. Upon termination of the privileges herein granted, by lapse of time or otherwise, if ordered by the City Engineer, the Company without cost or expense to the City, shall remove the System herein authorized and restore the public way to as good a condition as existed prior to such installation and to the reasonable satisfaction of the City Engineer. In the event of the failure, neglect or refusal of said Company to remove the System, the City shall have the choice of either performing said work and charging the cost thereof to the Company or determining that said work shall be performed by a contractor, and billing the Company for the costs of said contract. The cost incurred by the City in such system removal shall be properly paid by the Company within twenty-one (21) days after a bill for costs is deposited in the mail or presented to the Company, or the City may proceed against the surety bond of the Company or pursue any other remedies provided by law. 12. Abandonment of Facilities. Upon abandonment of a facility within the rights-of- way of the City, the Company shall notify the City within ninety (90) days. Following receipt of such notice the City may direct the Company to remove all or any portion of the facility if the City Engineer determines that such removal will be in the best interest of the public health, safety and welfare. In the event that the City does not direct the Company to remove it, by giving notice of abandonment to the City, the Company shall be deemed to consent to the acquisition, alteration or removal of all or any portion of the facility by the City or another utility or person. 13. Legal Considerations. The parties recognize, acknowledge and hereby preserve their respective rights pursuant to the Federal 1996 Telecommunications Act and the Illinois Simplified Municipal Telecommunications Tax Act (35 ILCS 636/5-1 et. seq.). Regulations, legal interpretations of the same, and execution of this Agreement is not a waiver of any rights or obligations thereunder. The parties additionally acknowledge that if and when the Company begins to furnish dial-tone services originating within the 281 of 722 12 City of Evanston the Company will be subject to any 91l surcharge which is currently in effect or which may hereinafter be amended, which is generally applicable to other telecommunications service providers with this jurisdiction. The Company shall notify the City, in writing, at least sixty (60) days prior to providing any such telecommunications services. 14. Notices. Any notice herein provided to be given shall be deemed properly served if delivered in writing personally or mailed by registered or certified US Postal Service Mail, postage prepaid, return receipt requested to the City in care of the: If to the City: City of Evanston Attn: City Engineer 2100 Ridge Avenue Evanston, IL 60201 With a copy to: City of Evanston Attn: Corporation Counsel 2100 Ridge Avenue, Suite 4400 Evanston, IL 60201 Fax: (847) 448-8093 If to the Company: Unite Private Networks, LLC Attn: Legal Department 120 S. Stewart Rd. Liberty, MO 64068 or to such other persons or addresses as either party may from time to time designate. 15. Assignability. The Parties agree that this Agreement and the rights granted hereunder shall inure to the benefit of Company, its successors, and agents. The Company shall not voluntarily, or by operation of law, assign, lease, sublease, or otherwise transfer or encumber all or any part of Company’s interest in this Agreement or in the Premises to any other governmental agency, individual, partnership, joint venture, corporation, land trust, or other entity without prior written consent of the City, provided, however, that the Company may assign or transfer the Company’s interest in this Agreement to a person controlling, controlled by or under common control with the Company (an “Affiliate”) upon notice to, but without the City’s prior consent; further, provided, that the Affiliate shall assume and agree to be bound by the terms and conditions of the Agreement and further that such assignment or transfer to an Affiliate shall not release the Company from its obligations hereunder without a separate written release by the City. Company shall notify the City in writing not less than sixty (60) days prior to any proposed assignment or transfer of interest in this Agreement. Company shall identify the name and address of the proposed assignee/transferee and deliver to the City original or certified copies of the proposed assignment, a recital of assignee’s personal 282 of 722 13 and financial ability to comply with all the terms and conditions of this Agreement and any other information or documentation requested by the City. The City shall not unreasonably withhold the consent to assignment or transfer. Any attempted assignment or transfer of any type not in compliance with these sections shall be void and without force and effect. 16. Binding Effect. This Agreement shall be binding on the parties, their successors, heirs and assigns. 17. Severability. If any provision of this Agreement is invalid for any reason, such invalidation shall not affect any provision of this Agreement which can be given effect without the invalid prevision; and, to this end, the provisions of this Agreement are to be severable. 18. Governing Law. The Parties agree that this Agreement shall be governed by and interpreted in accordance with the laws of the State of Illinois and that venue for any disputes shall be Cook County, Illinois. CITY OF EVANSTON, UNITE PRIVATE NETWORKS By: ________________________ By: ________________________ Its: ________________________ Its: ________________________ Attest: ______________________ Attest: ______________________ Its: _________________________ Its: _________________________ 283 of 722 For City Council meeting of April 13, 2015 Item A10 Ordinance 40-O-15: Lease Agreement for City Owned Property, 1804 Maple 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 Manager Paul Zalmezak, Senior Economic Development Coordinator Subject: Ordinance 40-O15 Authorizing City Manager to Execute a Lease Agreement for City Owned Property at 1804 Maple Avenue Date: April 1, 2015 Recommendation: Staff recommends City Council adopt Ordinance 40-O15 authorizing the City Manager to execute a lease agreement with Pharmacann, LLC for the City owned property at 1804 Maple Avenue. Background: The City-owned vacant commercial space at the Maple Avenue Parking Garage is one of the properties that meet the location criteria for a medical cannabis dispensary as defined in Public Act 098-0122 “The Compassionate Use of Medical Cannabis Pilot Program Act.” This property has remained vacant since the garage’s construction in the late 1990s. Discussion Attached is a copy of the draft lease agreement between Pharmacann, LLC and the City of Evanston. Pharmacann, LLC has agreed to rent the space for $84,000 per year ($35/sq ft), for an initial period commencing May 2, 2015 and expiring December 31, 2017 (coinciding with the termination of the state’s pilot program act). If the State of Illinois extends the program, Pharmacann will have two additional three year options. Legislative History On August 11, 2014, City Council adopted Resolution 59-R-14 “Authorizing the City Manager to Execute Letters of Contingent Lease Approval for City Owned Property Located at 1800 Maple Avenue”. Attachments: Ordinance 40-O-15 Lease between Pharmacann, LLC and City of Evanston Memorandum 284 of 722 4/2/2015 40-O-15 AN ORDINANCE Authorizing the City Manager to Execute a Commercial Lease of City- Owned Real Property Located at 1804 Maple Avenue with PharmaCann, LLC WHEREAS, the City of Evanston owns certain real property located at 1800 Maple Avenue, Evanston, Illinois 60201, which is improved with a parking garage and a couple of commercial units on the ground floor (the “Property”); and WHEREAS, one of the commercial units at the Property is vacant and available to be leased; WHEREAS, in August, 2013, Illinois Governor Patrick Quinn signed Public Act 098-0122 “The Compassionate Use of Medical Cannabis Pilot Program Act” into law with an effective date of January 1, 2014 (the “Medical Cannabis Act”); WHEREAS, the Medical Cannabis Act allows for the establishment of sixty (60) medical cannabis dispensaries and cultivation centers for the prescribing of medical cannabis to qualifying patients throughout Illinois. The statute provides for 60 dispensaries to be distributed throughout Illinois by designated geographic areas ; and WHEREAS, Pharmacann, LLC was awarded the authorization by the State of Illinois to apply for a dispensary license in District 34 for the Property location, (“License”), however Tenant has not been formally awarded the License by the State and anticipates that it will be awarded in June 2015; and WHEREAS, the City Council has determined that it is in the best interests of the City of Evanston to negotiate and execute a two (2)-year commercial lease 285 of 722 40-O-15 ~2~ agreement (the “Lease Agreement”) with two (2) options to extend the lease for three (3) years by and between the City, as Landlord, and PharmaCann, LLC, as the Tenant, for the operation of a medical cannabis dispensary at the Property, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: Pursuant to Subsection 1-17-4-1 of the Evanston City Code of 2012, as amend ed (the “City Code”), the City Manager is hereby authorized and directed to execute, on behalf of the City of Evanston, the Lease Agreement for the Property, by and between the City of Evanston, as landlord, and PharamCann, LLC, as tenant. The Lease Agreement shall be in substantial conformity with the Lease Agreement attached hereto as Exhibit “1” and incorporated herein by reference. SECTION 3: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. 286 of 722 40-O-15 ~3~ 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. 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 287 of 722 40-O-15 ~4~ EXHIBIT 1 LEASE AGREEMENT 288 of 722 49817532v4 LEASE between PHARMACANN, LLC an Illinois limited liability company as Tenant and CITY OF EVANSTON An Illinois municipal corporation, as Landlord 1804 MAPLE AVENUE EVANSTON, ILLINOIS 60201 289 of 722 49817532v4 TABLE OF CONTENTS 1. PREMISES .................................................................................................................................... 1 2. TERM ............................................................................................................................................. 1 3. RENT ............................................................................................................................................. 2 4. CONSTRUCTION ...................................................................................................................... 3 5. FIXTURES .................................................................................................................................... 4 6. USE OF PREMISES .................................................................................................................... 4 7. MAINTENANCE ........................................................................................................................ 5 8. PAYMENT OF TAXES ............................................................................................................. 6 9. DAMAGE AND DESTRUCTION ......................................................................................... 7 10. INSURANCE ................................................................................................................................ 8 11. INDEMNIFICATION ............................................................................................................... 9 12. EXERCISE OF EMINENT DOMAIN ................................................................................ 10 13. UTILITIES .................................................................................................................................. 11 14. COVENANTS AGAINST LIENS ......................................................................................... 11 15. ASSIGNMENT AND SUBLETTING .................................................................................. 12 16. NOTICES .................................................................................................................................... 12 17. RIGHT TO GO UPON PREMISES ..................................................................................... 12 18. DEFAULT ................................................................................................................................... 13 19. SIGNS .......................................................................................................................................... 14 20. REPRESENTATIONS AND WARRANTIES .................................................................... 14 21. HOLDING OVER; END OF TERM ................................................................................... 16 22. EXPENSES OF ENFORCEMENT ...................................................................................... 16 23. SUCCESSORS IN INTEREST ............................................................................................... 16 24. REMEDIES ARE CUMULATIVE ........................................................................................ 16 25. QUIET POSSESSION .............................................................................................................. 16 26. ALTERATION ........................................................................................................................... 17 27. HAZARDOUS SUBSTANCES ............................................................................................... 17 28. GENERAL CONDITIONS .................................................................................................... 18 29. SUBORDINATION .................................................................................................................. 20 290 of 722 1 49817532v4 L E A S E THIS LEASE AGREEMENT is made by and between CITY OF EVANSTON (“Landlord”), an Illinois municipal corporation and PHARMACANN LLC, an Illinois limited liability company d/b/a PHARMACANNIS (“Tenant”). W I T N E S S E T H: 1. PREMISES (a) Property. Landlord is the fee simple owner of certain real property at 1800 Maple Avenue, Evanston, Illinois 60201, which is the public parking facility commonly known as the “Maple Avenue Garage” legally described in Exhibit “A” attached hereto and incorporated herein (the “Garage Property”). The Garage Property contains two commercial units on the ground level and Landlord leases one of these units to Tenant, which is approximately 2,400 square feet of land with the common address of 1804 Maple Avenue, Evanston, Illinois 60201, as shown on the Site Plan on Exhibit “B” attached hereto and incorporated herein by this reference (the “Premises”). Landlord does hereby demise and lease the Premises to Tenant, for Tenant’s exclusive use and control, together with all appurtenances thereto, pursuant to the terms and conditions of this Lease. (b) Parking. This Lease does not include any parking spaces for employees or customers in the Maple Avenue Garage as part of the rental rate. Any parking charges will be assessed at an hourly rate as posted in the Garage Property. 2. TERM (a) Primary Term. Subject to the provisions of this Lease, the “Primary Term” shall commence on the 1st day of May, 2015 (“Commencement Date”) and shall end at 11:59 p.m. on the 31st day of December, 2017, except as otherwise terminated as provided herein. (b) Expiration of Pilot Program. In August, 2013, Illinois Governor Patrick Quinn signed Public Act 098-0122 “The Compassionate Use of Medical Cannabis Pilot Program Act” into law with an effective date of J anuary 1, 2014 (the “Medical Cannabis Act ”). The Medical Cannabis Act allows for the establishment of sixty (60) medical cannabis dispensaries and cultivation centers for the prescribing of medical cannabis to qualifying patients throughout Illinois. The statute provides for the 60 dispensaries to be distributed throughout the state by designated geographic areas defined by Niles and Evanston Township boundaries and referred to as “District 34”. Tenant was awarded the authorization to apply for a dispensary license in District 34 (“License”) for the Premises location. On the Effective Date of this Lease, the Tenant has not been awarded the License by the State of Illinois and anticipates that it will be awarded in June 2015. The Medical Cannabis Pilot Program will expire on December 31, 2017 and accordingly the Primary Term shall expire at the same time. Tenant’s obligations under this Lease as conditioned upon Tenant’s receipt of the License. (c) Extended Terms. Provided Tenant is not otherwise in default beyond any applicable cure period and the Medical Cannabis Act is extended, replaced or otherwise amended such that Tenant is still permitted to conduct the Permitted Use from the Premises, Tenant shall have two (2) options (individually, an “Extension Option”), for two (2) immediately successive periods of three (3) years 291 of 722 2 49817532v4 each (each an “Extension Term”) upon the same terms, covenants and conditions as herein provided. Each Extension Option shall be exercised by Tenant delivering to Landlord written notice of such election, not less than one hundred twenty (120) days prior to the expiration of the then current term. The exercise by Tenant of any one Extension Option shall not be deemed to impose upon Tenant any duty or obligation to renew for any further period of time, and that the exercise of any Extension Option shall be effective only upon the giving of notice of extension in accordance with the foregoing provisions. The Primary Term together with any Extension Term is referred to herein collectively as the “Term”. (d) Adverse Legislation; Termination Right. Notwithstanding anything to the contrary in this Lease, if at any time during the term of this Lease, Tenant is prohibited from conducting its normal course of business by reason of law or legislative or administrative act, whether federal, state or local, or loss of the License, Tenant shall have the right to terminate this Lease upon ninety (90) days prior written notice. In the event Tenant terminates this Lease as aforesaid, Tenant shall pay to Landlord an amount equal to all rents and other charges due Landlord through the effective date of termination and, in the event any such amounts are unknown at that time, an amount reasonably estimated by Landlord to reflect Tenant’s obligation under this Lease, and the parties shall have no further obligations under this Lease except for those obligations which specifically survive the expiration or earlier termination of this Lease. 3. RENT (a) Fixed Minimum Rent. Commencing on the Commencement Date, and subject to the terms of this Lease, Tenant agrees to pay to Landlord: (i) Fixed Minimum Rent (herein so called) described below; and (ii) all other charges due from Tenant to Landlord hereunder as “Additional Rent” (herein so called). (i) Initial Fixed Minimum Rent. Commencing on the Commencement Date and continuing through the Primary Term, Tenant shall pay to Landlord the sum of Eighty-four Thousand and 00/100 Dollars ($84,000.00) per annum in monthly installments of Seven Thousand and 00/100 Dollars ($7,000.00) ($35.00 per square foot per annum). The rent specified in this paragraph 3(a) (i) as adjusted pursuant to paragraph 3(a) (ii) below shall be deemed “Fixed Minimum Rent” for purposes of this Lease. (ii) Fixed Minimum Rent Adjustments. The Fixed Minimum Rent set forth in Section 3(a) (i) above shall be adjusted at the beginning of each Extension Term, commencing on the first day of such Extension Term and continuing until the expiration of the such Extension Term, if any, (each such date being referred to herein as an “Adjustment Date”), in an amount equal to Fair Market Value Rent (as determined herein). Within fifteen (15) days after the date of Tenant’s notice to extend the Term as provided in Section 2(c), above, the parties shall agree upon a determination of Fair Market Value Rent. In the event Landlord and Tenant cannot agree upon Fair Market Value Rent within said fifteen (15) day period, Landlord and Tenant shall each appoint a separate real estate broker within ten (10) days thereafter, who have been practicing their respective professions in Evanston, Illinois and Cook County for at least ten (10) years and have substantial experience with the leasing of office space in the Evanston, Illinois area. Each broker shall then independently determine the market rate within fifteen (15) days thereafter. In the event the market rate as determined by Landlord’s broker is within ten percent (10%) of the market rate as determined by Tenant’s broker, the market rates shall be combined and blended for a single composite market rate 292 of 722 3 49817532v4 which rate shall be Fair Market Value Rent. However, in the event the market rates as determined by the parties respective brokers are in excess of ten percent (10%) of one another, the two brokers shall appoint a third broker within fifteen (15) days after both brokers receive notice of each other’s respective market rate. Said third broker shall have similar qualifications as the other brokers, and he, alone, shall then determine the market rate by selecting either the market rate determined by Landlord’s broker or the market rate determined by Tenant’s broker, who selected rate shall be Fair Market Value Rent. Each party shall pay the fees and expenses of its broker and one-half (½) of the fees and expenses of a single or third-party broker, if applicable. Notwithstanding anything to the contrary in this Section, in no event shall the Fixed Minimum Rent for any Extension Term be (i) reduced below the Fixed Minimum Rent in effect for the then-current term, nor (ii) increased in excess of five percent (5%) of the Fixed Minimum Rent in effect for the then-current term. (iii) Late Fee and Interest. In the event any sums required hereunder to be paid are not received by Landlord on or before the date the same are due, then, Tenant shall on demand pay, as additional rent, a service charge of Two Hundred Dollars ($200). In addition, interest shall accrue on all past due sums at an annual rate equal to the lesser of six percent (6.0%) per month and the maximum legal rate. Such interest shall also be deemed Additional Rent. (b) Time and Place of Payment. Tenant shall pay to Landlord Fixed Minimum Rent in advance, in equal monthly installments, and without prior notice, setoff (unless otherwise expressly permitted herein) or demand, except as otherwise specifically provided herein, on or before the first (1 st) day of each calendar month during the Term hereof to: City of Evanston Attn: Jessica Wingander, City Manager’s Office 2100 Ridge Avenue, Room 4500 Evanston, IL 60201 4. CONSTRUCTION (a) Tenant Improvements. Tenant represents, covenants and agrees, at its sole cost and expense, that it shall construct and develop, or cause to be constructed, in accordance with the provisions of this Lease, the improvements to the Premises, in accordance with the Plans, hereinafter defined (herein “Tenant’s Work”). Landlord, at the Commencement Date, shall deliver the Premises to Tenant in an “AS IS” condition and vacant. (b) Plans and Specifications. (i) Plans. Landlord acknowledges and agrees that Tenant’s plans for leasehold improvements to the Premises, as set forth on Exhibit B, attached hereto and made a part hereof by this reference (“Plans”) have been submitted to and approved by the State of Illinois pursuant to Tenant’s application for the License. Landlord hereby approves the Plans. Promptly upon the Effective Date and in all events prior to construction of Tenant’s Work, Landlord may further review and suggest reasonable modifications to the Plans and review the security plans associated with the Premises and provide comment and direction. Such review may include, among other things, review by the City of Evanston Chief of Police and Fire Chief relating to security concerns with respect to the delivery of Tenant’s merchandise. Subject to the terms of this Section 4(b), 293 of 722 4 49817532v4 Tenant agrees to take commercially reasonable steps to request modifications to the Plans to the State based on Police Chief and Fire Chief’s timely review. Notwithstanding the foregoing, Tenant shall not be obligated to revise the Plans in any way which, in Tenant’s reasonable business judgment, may violate the License, contradict Tenant’s application for the License or otherwise require Tenant to obtain approval of any agency of the State of Illinois. Tenant shall construct Tenant’s Work in conformance with the Plans, all laws, ordinances, codes, and permits, and in a good and workmanlike manner. Landlord represents and warrants to Tenant that Landlord will not withhold or condition any licenses, permits (including business licenses, building permits or occupancy permits) or other permissions or authorizations required for Tenant to operate in the Premises for any reason so long as Tenant’s Work is constructed in conformance with the Plans. Tenant shall obtain, or cause to be obtained, in connection with, and prior to the commencement of, the construction of such improvements, builder’s risk insurance for the full estimated value of the proposed improvements and workers’ compensation insurance in amounts required by law as well as all applicable permits. (c) Tenant Construction Indemnification. Subject to Section 10(e), Tenant indemnifies, defends and holds Landlord and Landlord's shareholders, officers, directors, employees and agents harmless from and against any costs, claims, expenses (including, without limitation, reasonable attorney ’s fees) or liabilities resulting from any injury or death of any person or persons or any damage to property that arises from or relates to Tenant’s Work. This provision shall expressly survive the termination or expiration of this Lease. 5. FIXTURES All trade fixtures and equipment installed by Tenant in or on the Premises (including furniture, satellite communication dish and equipment, registers, other equipment, shelving and signs) shall remain the property of Tenant and Tenant may remove the same or any part thereof at any time prior to or at the expiration or earlier termination of this Lease. Tenant shall repair at its own expense any damage to the Garage Property or Premises caused by the removal of said fixtures or equipment by Tenant. This provision shall expressly survive the termination or expiration of this Lease. 6. USE OF PREMISES (a) Permitted Use. Tenant shall have the right, subject to applicable Federal, State and local laws and the terms of this Lease, to use the Premises for the following purpose(s): to run a commercial medical cannabis dispensary, as defined in the Medical Cannabis Act, and selling medical cannabis, medical cannabis-infused products, associated cannabis devices, and business related functions to run the dispensary organization, as defined in the Medical Cannabis Act (herein collectively “Permitted Use”). Any violations of the restrictions contained within the Medical Cannabis Act or any violation of the Rules implementing the Medical Cannabis Act, Illinois Register Volume 38, Issue 16, is considered a default of this Lease and subject to the cure provisions contained in Section 18. (b) Tenant Exclusive Use of Premises. Landlord covenants and agrees that it has no rights to use, modify, alter or lease any portion of the Premises other than as expressly provided in this Lease. 294 of 722 5 49817532v4 (c) No Continuous Operation. Provided Tenant is open for business for at least one (1) day to the general public for the Permitted Use provided herein, anything contained in this Lease, express or implied, to the contrary notwithstanding, Tenant shall be under no duty or obligation, either express or implied to thereafter continuously conduct its business in the Premises and any such failure shall not, in any way, be deemed an event of default under this Lease, nor shall such a failure otherwise entitle Landlord to commence or to maintain any action, suit, or proceeding, whether at law or in equity, relating in any way to Tenant’s failure to continuously conduct its business in the Premises; provided, however that Tenant shall otherwise perform and obey the other covenants and agreements contained in this Lease on the part of Tenant to be performed, including the payment of all Fixed Minimum Rent, Additional Rent and any other charges due hereunder. In the event Tenant has ceased operating its business for a continuous period of one hundred eighty (180) days, Landlord shall have the right, to be exercised by giving Tenant sixty (60) days written notice, to recapture the Premises and, upon such recapture, this Lease shall terminate and neither party shall be further obligated hereunder, except to the extent any such obligation hereunder is expressly specified herein to survive the termination of this Lease. 7. MAINTENANCE (a) Tenant accepts the Premises in as-is condition, and acknowledges that the Landlord has made no representations to the condition or has made any repairs to same except as provided in this Lease. The Landlord or Landlord’s staff or other representatives have made no representations or assurances that it will alter or remodel the Premises and all renovations will be at Tenant’s sole cost and expense. (b) Maintenance Responsibilities of Tenant: (i) HVAC system for the Premises, interior sprinkler and fire safety system within the Premises, and other interior fixtures. (ii) All refuse associated with medical cannabis and associated products must be placed in appropriate containers in conformance with the restrictions provided in the Medical Cannabis Act. All other regular refuse must be disposed of in appropriate containers to be provided by the Landlord. Tenant cannot dispose of construction building materials in the standard refuse containers and must arrange for special pick-ups and containers for said materials. A refuse container for regular refuse will be located at the Premises in reasonable proximity to the Premises. Tenant will contract to have trash hauled from such container with reasonable frequency. Tenant is responsible for snow, ice removal and leaf removal and general upkeep of the exterior directly in front and in back of the Premises. (iii) The Tenant will at all times maintain all of the Premises in a clean, neat and orderly condition. The Tenant will not use the Premises in a manner that will violate or make void or inoperative any policy of insurance held by the Landlord. The Tenant shall pay the Landlord for overtime wages for staff and for any other related expenses incurred in the event that repairs, alterations or other work in the Premises required or permitted hereunder are not made during ordinary business hours at the Tenant’s request. (iv) Tenant will keep the interior non-structural portions of the Premises, including all 295 of 722 6 49817532v4 interior, non-structural walls, surfaces and appurtenances (other than systems and any other items that Landlord is required to maintain pursuant to Section 7(c), in good repair. Tenant shall be responsible for repairs, damages and losses for damages sustained outside the Premises attributable to Tenant’s negligence or intentional misconduct. Tenant agrees to use good faith efforts to report such damage in writing to the Director of Public Works or her designee, by the next City of Evanston business day, after discovery of such damage by Tenant. (v) Tenant shall yield the Premises back to Landlord, upon the termination of this Lease, whether such termination shall occur by expiration of the Term, or in any other manner whatsoever, in the same condition of cleanliness and repair as at the date of the execution hereof, loss by casualty and reasonable wear and tear accepted. Except to the extent any of the following is Landlord’s obligation pursuant to Section 7(c), Tenant shall make all necessary repairs and renewals upon Premises and replace broken fixtures with material of the same size and quality as that broken. If, however, the Premises shall not thus be kept in good repair and in a clean condition by Tenant, as aforesaid, Landlord may enter the same, or by Landlord’s agents, servants or employees, without such entering causing or constituting a termination of this Lease or an interference with the possession of the Premises by Tenant, and Landlord may replace the same in the same condition of repair and cleanliness as existed at the date of execution hereof, and Tenant agrees to pay Landlord, in addition to the rent hereby reserved, the expenses of Landlord in thus replacing the Premises in that condition. Tenant shall not cause or permit any waste, misuse or neglect of the water, or of the water, gas or electric fixtures. (vi) Tenant will keep is leasehold improvements in compliance with all laws and regulations during the entire Term of this Lease, except for repairs required of the Landlord to be made and damage occasioned by fire, hurricane or other causes as provided for in this Lease. (c) Landlord, at its sole cost and expense, shall maintain and repair the exterior (except for improvements made by Tenant) and all structural and load bearing columns and walls of the Maple Avenue Garage including the roof membrane, roof structure, and the roof covering, the outside walls (excluding the sign fascia attached to the front of the Premises), all buried utilities, and the foundations of the Maple Avenue Garage in good condition and repair throughout the Term of this Lease. Landlord, at its sole cost and expense, shall also be responsible for all capital expenses relating to the maintenance and repair of the exterior portions of the Maple Avenue Garage and damages caused by Landlord, its agents, employees, licensees or contractors. 8. PAYMENT OF TAXES (a) Definition. For purposes hereof, “Taxes” shall mean real property taxes and “Assessments” shall mean assessments, general and special, foreseen and unforeseen, for public improvements levied or assessed against the Premises and the improvements thereon for that portion of the Term from and after the Premises PIN Creation Date (as defined herein). (b) Payment. Landlord represents and warrants to Tenant that the Garage Property is currently exempt from Taxes and Assessments. Upon the Effective Date, Landlord may endeavor to obtain a separate tax parcel identification number with respect to the Premises (“Premises PIN”). The 296 of 722 7 49817532v4 actual date on which the Cook County Assessor’s Office creates the Premises PIN shall be the “Premises PIN Creation Date”. Landlord shall provide Tenant with a written notice, within ten business (10) days of the Premises PIN Creation Date, setting forth the Premises PIN and Premises PIN Creation Date. Landlord shall cause all property tax bills with respect to the Premises PIN to be delivered to Tenant’s notice address provided herein. Tenant shall thereafter pay all Taxes and Assessments before any fine, penalty, interest or cost may be added thereto, become due or be imposed by operation of law for the nonpayment of late payment thereof. (c) Prorations. At the end of the Term, Taxes and Assessments to be paid by Tenant shall be prorated based on the portion of the fiscal tax year in which this Lease is in effect. (d) Personal Property Taxes. Tenant shall pay before delinquency any and all taxes and assessments levied or assessed and becoming payable during the Term, against Tenant’s personal property located upon the Premises. 9. DAMAGE AND DESTRUCTION (a) Casualty. If the Premises shall be damaged by fire or other casualty (“Casualty”), Landlord shall, within one hundred eighty (180) days after such damage occurs (subject to being able to obtain all necessary permits and approvals, including, without limitation, permits and approvals required from any agency or body administering environmental laws, rules or regulations, and taking into account the time necessary to effectuate a satisfactory settlement with any insurance company) repair such damage at Landlord’s expense and this Lease shall not terminate. If the foregoing damage is due to the negligence or willful misconduct of Tenant, then Landlord shall look first to the insurance carried by Tenant to pay for such damage. Notwithstanding (i) any other provisions of the Lease to the contrary, and (ii) any legal interpretation that all improvements become part of the realty upon being attached to the Premises, following a Casualty, the Landlord shall be responsible only for restoring the Premises to building standard levels of improvement, and the tenant shall be responsible for insuring and replacing the above building standard levels of improvement, and the tenant shall be responsible for insuring and replacing the above building standard tenant improvements or betterments that made the Premises “customized” for Tenant’s use. Customized improvements include, but not limited to: bullet proof glass, alarm censored doors, wood flooring, and custom cabinetry. Except as otherwise provided herein, if the entire Premises are rendered untenantable by reason of any such damage, all Fixed Minimum Rent and Additional Rent shall abate for the period from the date of the damage to the date the damage is repaired, and if only a part of the Premises are so rendered untenantable, the Fixed Minimum Rent and Additional Rent shall abate for the same period in the proportion that the area of the untenantable part bears to the total area of the Premises; provided, however, that if, prior to the date when all of the damage has been repaired, any part of the Premises so damaged are rendered tenantable and shall be used or occupied by or through Tenant, then the amount by which the Fixed Minimum Rent and Additional Rent abates shall be apportioned for the period from the date of such use or occupancy to the date when all the damage has been repaired. (b) Repair to Leasehold Improvements. Landlord shall have no obligation to repair damage to or to replace any leasehold improvements, Tenant’s personal property or any other property located in the Premises, and Tenant shall within thirty (30) days after the Maple Avenue Garage is sufficiently repaired so as to permit the commencement of work by Tenant, commence to repair, 297 of 722 8 49817532v4 reconstruct and restore or replace the Premises (including fixtures, furnishings and equipment) and prosecute the same diligently to completion. (c) Termination Right. Notwithstanding any provision contained herein to the contrary, Tenant shall have the option and right to terminate this Lease if, (a) the Premises shall be so damaged by Casualty that it cannot be fully repaired within one hundred eighty (180) days after the date of damage; (b) during the last eighteen (18) months of the Term of this Lease, the Maple Avenue Garage is damaged by a Casualty in amount exceeding thirty-three and one-third percent (33.33%) of the square footage of the Premises, provided that, in such event, such termination of this Lease shall be effected by written notice within ninety (90) days of the happening of the Casualty causing such damage. This provision shall expressly survive the termination or expiration of this Lease. 10. INSURANCE (a) Tenant shall keep in full force and effect during the Term special form coverage insurance covering Tenant’s leasehold improvements, trade fixtures, merchandise and other personal property from time to time in, on or upon the Premises for the full replacement value insuring against physical loss or damage generally included in the classification of “all risk” coverage. (i) Said insurance shall be written by a company or companies licensed to do business in the state in which the Premises is located and rated Class A:XII or better in Bests Key Rating Guide of Property-Casualty Insurance Companies. (ii) Said insurance shall be in an amount of the full replacement value with a deductible in Tenant’s reasonable discretion, which deductible Tenant shall be paid at Tenant’s sole cost and expense. The insurance is to cover, in addition to any personal property at the Premises, the above building standard leasehold improvements and betterments incorporated into the premises, whether or not initially installed and/or paid for by the Tenant. The Tenant’s aggregate coverage amount must be an amount sufficient to cover both the tenant’s personal property at the Premises and the leasehold improvements. So long as the Lease is not terminated pursuant to Paragraph 9 for a casualty, the proceeds of tenant’s insurance policy with respect to the tenant improvements shall be used to restore and replace the same. (b) Tenant agrees to maintain a policy or policies of commercial general liability insurance written by an insurance carrier rated at least Class A or better in Bests Key Rating Guide of Property-Casualty Insurance Companies and licensed to do business in the state in which the Premises is located which shall insure against liability for injury to and/or death of and/or damage to personal property of any person or persons, with policy limits of not less than $2,000,000.00 combined single limit for injury to or death of any number of persons or for damage to property of others not arising out of any one occurrence. Said policy or policies shall provide, among other things, blanket contractual liability insurance. Tenant’s policy shall cover the Premises and the business operated by Tenant and shall name Landlord as an additional insured. Landlord is self- insured up to $1.25 Million and agrees to maintain an excess policy or policies of commercial general liability insurance over the self-insured limit written by an insurance carrier with a rating at least Class A or better in the Bests Key Rating Guide and licensed to do business in the state in which the Premises is located which shall insure against liability for injury to and/or death of and/or damage to personal property of any person or persons, with policy limits of not less than $2,000,000.00 combined single limit for injury to or death of any number of persons or for 298 of 722 9 49817532v4 damage to property of others not arising out of any one occurrence. Landlord’s policy shall name Tenant as an additional insured. Subject to the terms of Paragraph 9(a), Landlord shall maintain casualty insurance covering the entire Maple Avenue Garage and any alterations, improvements, additions or changes made by Landlord thereto in an amount not less than their full replacement cost from time to time during the Term, providing protection against any peril included within the classification of “all risks”. (c) Each of the parties hereto agrees to maintain and keep in force, during the Term hereof, all Workers' Compensation and Employers' Liability Insurance required under applicable Workers' Compensation Acts. (d) Within thirty (30) days after written request, each of the parties agrees to deliver to the other a certificate of insurance as evidence that the policies of insurance required by this Section 10 have been issued and are in effect. (e) Waiver of Subrogation. Neither Landlord nor Tenant shall be liable to the other or to any insurance company (by way of subrogation or otherwise) insuring the other party for any loss or damage to any building, structure or other tangible property, or any resulting loss of income for property or general liability losses, even though such loss or damage might have been occasioned by the acts or omissions of such party, its agents, contractors or employees. Landlord or Tenant shall look exclusively to the proceeds of insurance carried by it or for its benefit in the event of any damage or destruction to its property located on the Premises. Notwithstanding anything to the contrary contained herein, Landlord and Tenant hereby release and waive any and all rights of recovery, claim, action or cause of action, against the other, or its respective directors, shareholders, officers, agents, invitees and employees, for any loss or damage that may occur to the property or the equipment, fixtures and improvements comprising any part of the Premises, by reason of fire, the elements, or any other cause which could be insured against under the terms of an “all risk” fire insurance policy, in the state where the Premises is located, regardless of cause or origin, including negligence of the parties hereto, their agents, officers, invitees and employees. Subject to the provisions of the Lease, no insurer of a party hereunder shall ever hold or be entitled to any claim, demand or cause of action against Tenant by virtue of a claim of loss paid under any such insurance policies, whether such insurer’s claim be in the nature of subrogation or otherwise. The waivers provided pursuant to this paragraph shall not operate to the extent that they would void coverage under the provisions of any policy of insurance. 11. INDEMNIFICATION (a) Indemnification of Landlord. Except as otherwise provided in this Lease and subject to Section 10(e), and except to the extent caused by the negligence or willful misconduct of Landlord, or its agents, employees or contractors, or by the breach of this Lease by Landlord, Tenant shall protect, defend, indemnify and save Landlord and its officers, directors, agents, attorneys, and employees harmless from and against any and all obligations, liabilities, costs, damages, claims and expenses of whatever nature arising from (i) any matter, condition or thing that occurs in the Premises, which is not the result of Landlord’s negligence or willful misconduct, (ii) any negligence or willful misconduct of Tenant, or its agents, employees or contractors; or (iii) Landlord’s breach occasioned wholly or in part by any act, omission of Tenant, its agents, employees, contractors or servants. The provisions of this Section shall survive the expiration or earlier termination of this Lease only with respect to any damage, injury or death occurring before such expiration or earlier 299 of 722 10 49817532v4 termination. (b) Indemnification of Tenant. Except as otherwise provided in this Lease and subject to Section 10(e), and except to the extent caused by the negligence or willful misconduct of Tenant, or its agents, employees or contractors, or by the breach of this Lease by Tenant, Landlord shall protect, defend, indemnify and save Tenant and its officers, directors, agents, attorneys, and employees harmless from and against any and all obligations, liabilities, costs, damages, claims and expenses of whatever nature arising from any act, omission or negligence of Landlord, its agents, employees, contractors or servants; The provisions of this Section shall survive the expiration or earlier termination of this Lease only with respect to any damage, injury or death occurring before such expiration or earlier termination. 12. EXERCISE OF EMINENT DOMAIN (a) Taking. An appropriation or taking under the power of eminent domain of all, or a portion, of the Property, are sometimes hereinafter called a “taking.” (b) Total Taking of the Garage Property. If all of the Garage Property shall be taken this Lease shall terminate and expire as of the date of vesting of title in, or taking of actual physical possession of the Garage Property by, the condemnor, and Landlord and Tenant shall thereupon be released from any and all further liability hereunder except to the extent any such liability hereunder expressly states that it shall survive the termination of this Lease. In such event, Tenant shall be entitled to participate in any condemnation award so as to be compensated for the cost of relocation, removal and decrease in value, as a result of such taking of Tenant's fixtures, equipment and stock-in-trade located in the Premises, goodwill and any other items to which Tenant is entitled under applicable law, and, the value of the leasehold of which Tenant is being deprived for the remainder of the Term hereof so long as any such award made to Tenant shall not reduce any award which may be obtained by Landlord. Nothing in this Section shall be construed as a waiver by Landlord of any rights vested in it by law to recover damages from a condemnor for the taking of its right, title, or interest in the Garage Property. (c) Partial Taking. In the event of the taking of: (i) any portion of the Garage Property, so that the remainder thereof is not reasonably adapted to the continued leasing of the Premises by Tenant; or (ii) access, whether by a taking or otherwise, of the Garage Property or a portion thereof to adjoining thoroughfares, so that all accessibility is substantially or materially restricted and as a result the continued leasing of the Garage Property by Tenant will become impracticable or unprofitable in Tenant’s sole discretion; then Tenant shall have the right to cancel and terminate this Lease as hereinafter provided. Within ninety (90) days after receipt by Tenant from Landlord of written notice that a condemnation action has been commenced, Tenant may, by written notice to Landlord, notify Landlord of its election to terminate this Lease, whereupon the parties shall be released from any and all further obligations under this Lease except to the extent any such obligation hereunder is expressly provided hereunder that the same shall survive the termination of this Lease and Tenant shall share any award or sale price as provided in Section 12(b) hereof. 300 of 722 11 49817532v4 (d) Notice of Proceedings. Upon service on either party hereto of any legal process in connection with any condemnation proceedings, the party so served shall give immediate notice thereof to the other party hereto. (e) Temporary Taking. In the event of a taking of the Garage Property, or any portion thereof, for temporary use (specifically one not exceeding one hundred twenty (120) days in duration), without the taking of the fee simple title thereto, this Lease shall remain in full force and effect, except for Tenant’s payment of Fixed Minimum Rent which shall be proportionally abated for any period during which Tenant cannot operate its business from the Premises in the same manner as prior to such temporary taking. All awards, damages, compensation and proceeds payable by the condemnor by reason of such taking relating to the Premises, for periods prior to the expiration of the Lease shall be payable to Tenant. All such awards, damages, compensation and proceeds for periods after the expiration of the Lease shall be payable to Landlord. (f) Lease Prevails. In the event of any taking, the rights and obligations of the parties shall be determined by this Lease and Landlord and Tenant waive any rights at law to the contrary. 13. UTILITIES Tenant shall pay during the Term hereof directly to the appropriate utility company or governmental agency all electric, water, gas, telephone and other public utility charges in connection with its occupancy and use of the Premises, including all costs of operating and maintaining all equipment therein, all business licenses and similar permit fees but excluding any installation costs, tap fees and/or connection fees or charges, all of which shall be paid by Landlord. All utilities shall be paid pursuant to separate meters measuring Tenant’s consumption of utilities from the Premises, which meter fee shall be Landlord’s obligation at its sole cost and expense. Landlord shall not be liable to Tenant for damages or otherwise (i) if any utilities shall become unavailable from any public utility company, public authority or any other person or entity supplying or distributing such utility, or (ii) for any interruption in any utility service (including, but without limitation, any heating, ventilation or air conditioning) caused by the making of any necessary repairs or improvements or by any cause beyond Landlord's reasonable control, and the same shall not constitute a default, termination or an eviction. Notwithstanding the foregoing, in the event an interruption with such utility services shall continue for more than five (5) consecutive days, and if such interruption is not caused in part by Tenant, and if as a result of such interruption Tenant is unable to operate in the Premises and in fact does not operate in the Premises, then Fixed minimum Rent and all other rent and charges shall abate for the entire period of interruption. Tenant assures Landlord that it shall arrange for an adequate supply of electricity to the Premises and it shall pay for any increased voltage and any additional wiring required addressing the increased capacity. 14. COVENANTS AGAINST LIENS Tenant covenants and agrees that it shall not, during the Term hereof, suffer or permit any lien to be attached to or upon the Garage Property or the Premises by reason of any act or omission on the part of Tenant or its agents, contractors or employees. In the event that any such lien does so attach, and (i) is not released within thirty (30) days after notice to Tenant thereof, or (ii) if Tenant has not bonded such lien within said thirty (30) day period, Landlord, in its sole discretion, may pay and discharge the same and relieve the Premises or the Garage Property therefrom, and Tenant 301 of 722 12 49817532v4 agrees to repay and reimburse Landlord upon demand for the amount so paid by Landlord and for other reasonable costs incurred by Landlord in discharging and relieving said lien. The Tenant will hold the Landlord harmless from all claims, liens, claims of lien, demands, charges, encumbrances or litigation arising out of any work or activity of Tenant on the Premises. Tenant will, within sixty (60) days after filing of any lien, fully pay and satisfy the lien and reimburse Landlord for all resulting loss and expense, including a reasonable attorney’s fees. Provided, however, in the event that Tenant contests any lien so filed in good faith and pursues an active defense of said lien, Tenant shall not be in default of this paragraph. However, in the event of any final judgment against Tenant regarding such lien, Tenant agrees to pay such judgment and satisfy such lien within 60 days of the entry of any such judgment. 15. ASSIGNMENT AND SUBLETTING Tenant shall not have the right to assign this Lease, or to sublet the Premises, transfer and grant concessions or licenses (“Transfer”) in all or any part of the Premises without the Landlord’s written consent, which consent shall not be unreasonably withheld, conditioned or delayed. No Transfer shall relieve Tenant from any of its obligations as Tenant hereunder. Every such assignment or sublease shall recite that it is and shall be subject and subordinate to the provisions of this Lease, and the termination or cancellation of this Lease shall constitute a termination and cancellation of every such assignment or sublease. Notwithstanding the foregoing, Landlord agrees that no merger, consolidation, corporate reorganization, or sale or transfer of Tenant's assets or stock (specifically including any inter-family or inter-company transfers), redemption or issuance of additional stock of any class, or assignment or sublease to any person or entity which controls, is controlled by or is under common control with Tenant, shall be deemed a Transfer hereunder. 16. NOTICES Any notices required to be given hereunder, or which either party hereto may desire to give to the other, shall be in writing. Such notice may be given by reputable overnight delivery service (with proof of receipt available), personal delivery or mailing the same by United States mail, registered or certified, return receipt requested, postage prepaid, at the following addresses identified for Landlord and Tenant, or to such other address as the respective parties may from time to time designate by notice given in the manner provided in this Section. If to the Landlord: with a copy to: City Manager Corporation Counsel 2100 Ridge Avenue 2100 Ridge Avenue Evanston, IL 60201 Evanston, IL 60201 If to Tenant: Pharmacann LLC 137 N. Oak Park Ave. #101F Chicago, IL 60004 For purposes of this Lease, a notice shall be deemed given upon the date of actual receipt thereof or the date of proof of rejection thereof if delivered by hand or overnight courier service. 302 of 722 13 49817532v4 17. RIGHT TO GO UPON PREMISES Landlord hereby reserves the right for itself or its duly authorized agents and representatives at all reasonable times during business hours of Tenant upon at least forty-eight (48) hours prior notice to Tenant and accompanied by a representative of Tenant (which may be the store manager or assistant manager) to enter upon the Premises for the purpose of inspecting the same and of showing the same to any prospective purchaser or encumbrance or tenant, and for the purpose of making any repairs which Landlord is required hereunder to make on the Garage Property, but any such repairs shall be made with all due dispatch during normal construction trade working hours, and in such manner as to minimize the inconvenience to Tenant in the conduct of its business, it being agreed that in the event of a necessity of emergency repairs to be made by Landlord, Landlord may enter upon the Premises forthwith to effect such repairs. Notwithstanding the foregoing, in the event that due to an entry by or on behalf of Landlord into the Premises, Tenant’s use is materially interfered with and Tenant, from the standpoint of prudent business management, cannot open and operate the Premises for business for two (2) consecutive days, all Fixed Minimum Rent and other charges payable by Tenant hereunder shall equitably abate commencing after such second (2nd) day, and continuing until such repairs are completed, unless such entry is required as a result of Tenant’s negligence or intentional misconduct. 18. DEFAULT (a) Tenant Default. (i) Events of Default. Including, but not limited to, the following events shall be deemed to be an “event of default” hereunder by Tenant subject to Tenant’s right to cure: a. Tenant shall fail to pay any item of Fixed Minimum Rent per Section 3 at the time and place when and where due and does not cure such failure within five (5) business days after receipt of notice from Landlord of such failure; b. Tenant shall fail to comply with any other term, provision, covenant or warranty made under this Lease or if any of Tenant’s representations and warranties made under this Lease are determined to be untrue, either when made or at any time during the Term, by Tenant, and Tenant shall not cure such failure within thirty (30) days after Landlord's written notice thereof to Tenant. In the event Tenant cannot comply with such term, provision, or warranty, within said thirty (30) day period, Tenant shall not be in default if Tenant is diligently and continuously making an effort to comply with such term, provision, covenant or warranty and Tenant completes the cure of the default; or c. Tenant shall make a general assignment the benefit of creditors, or shall admit in writing its inability to pay its debts as they become due or shall file a petition in bankruptcy. (ii) Remedies. Upon the occurrence of an event of default, Landlord may, so long as such default continues, as permitted by law and subject to Landlord’s obligation to use good faith efforts to mitigate damages, either: 303 of 722 14 49817532v4 a. terminate this Lease by written notice to Tenant, which written notice shall specify a date for such termination at least fifteen (15) days after the date of such written termination notice and such termination shall be effective as provided in such written notice unless Tenant shall cure such default within such notice period, or not terminate this Lease as a result of the default of Tenant. If Tenant shall fail to surrender the Premises upon such termination, Landlord may thereupon, reenter the Premises, or any part thereof, and expel or remove therefrom Tenant and any other persons occupying the same, using such means provided by law; b. without terminating this Lease, Landlord may evict Tenant (by any means provided by law) and let or relet the Premises or any or all parts thereof for the whole or any part of the remainder of the Term hereof, or for a period of time in excess of the remainder of the Term hereof, and out of any rent so collected or received, Landlord shall first pay to itself the expense of the cost of retaking and repossessing the Premises and the expense of removing all persons and property therefrom, and shall, second, pay to itself any costs or expenses sustained in securing any new tenant or tenants (provided that such amount shall not include any amounts incurred to restore the Premises to more than the condition originally delivered to Tenant), and shall third, pay to itself any balance remaining, and apply the whole thereof or so much thereof as may be required toward payment of the liability of Tenant to Landlord then or thereafter unpaid by Tenant; or c. pursue such other remedies as are available at law or in equity. (b) Landlord Default. Should Landlord default in the performance of any covenant, provision, warranty, condition or agreement herein, or if any of Landlord’s representations and warranties made under this Lease are determined to be untrue, either when made or at any time during the Term, and such default in the case of any failure by Landlord to pay any sum required to be paid to Tenant hereunder, continues for ten (10) business days after notice thereof from Tenant, or in case of any non-monetary default, continues for thirty (30) days after receipt by Landlord of written notice thereof from Tenant (except as otherwise provided herein), or if the default of Landlord is of a type which is not reasonably possible to cure within thirty (30) days, if Landlord has not commenced to cure said default within said thirty (30) day period and does not thereafter diligently prosecute the curing of said default to completion (except as otherwise provided herein), Tenant in addition to any and all other remedies which it may have at law and/or in equity including the right to seek injunctive relief without posting a bond or the obligation to prove irreparable harm, may pay or perform any obligations of Landlord hereunder and deduct the cost thereof from each installment of annual Fixed Minimum Rent payable pursuant to the terms of this Lease; provided, however, in no event shall the amount of any such deduction exceed ten percent (10%) of the Fixed Minimum Rent payable on a monthly basis; provided, further, Tenant shall not have the right to terminate this Lease except as expressly permitted herein. 19. SIGNS Tenant may apply for signage (temporary and permanent signage) for the exterior and interior of the Premises, at its own expense, in order to conduct the business of Tenant. Tenant acknowledges that there are limitations from the City of Evanston Municipal Code of 2012, as amended, and the Code governs the application process and the details regarding size, type, and number of signs and Tenant agrees to be bound by such ordinances. Landlord cannot make representations in a lease 304 of 722 15 49817532v4 agreement that Tenant shall be entitled additional signage, a certain number of signs and/or dimensions of proposed signage, because the Tenant must make an application to the Sign Review Board, as provided by Code, but Landlord will not withhold, condition or delay its consent to a sign over the new entrance to the Premises which complies with applicable laws. 20. REPRESENTATIONS AND WARRANTIES (a) Landlord represents, warrants and covenants to Tenant that, to Landlord’s knowledge, the following is true as of the Effective Date: (i) all of the Premises is zoned for commercial purposes, and the Permitted Use is permitted under the applicable zoning designation, and that the Premises and Garage Property are presently properly subdivided in conformity with all applicable laws; (ii) Landlord is the fee simple owner of the Premises; (iii) the Premises is subject to no restrictions or continuing regulations of any kind or nature whatsoever incompatible with the Permitted Use and that there are no restrictions in any agreement by which Landlord is bound (including, but not limited to, Landlord’s insurance policies) which would adversely affect Tenant’s right to use the Premises for the Permitted Use during the Term; (iv) the Premises are in good working order and condition, the roof is watertight and all utility systems are functional; (v) there are no exceptions to title with respect to and/or encumbrances on the Premises which would interfere with Tenants proposed use of the Premises; (vi) Landlord has no notice of any proposed Assessments other than as reflected on the current tax bill; (vii) Landlord has not used, discharged, dumped, spilled or stored any Hazardous Substances on or about the Premises, whether accidentally or intentionally, legally or illegally, and has received no notice of such occurrence and has no knowledge that any such condition exists at the Premises; (viii) Landlord has no knowledge of any condition that would preclude Tenant from obtaining all Tenant’s permits and licenses necessary for Tenant to open for business and operate for the Permitted Use; (ix) if Landlord is a corporation, limited liability company, partnership or trust, Landlord covenants that it is duly constituted under the laws of the state of its organization, and that its officer, member, manager, partner or trustee who is acting as its signatory in this Lease is duly authorized and empowered to act for and on behalf of the entity or trust; and (x) there are no judicial, quasi-judicial, administrative or other orders, injunctions, moratoria or pending proceedings against Landlord or the Garage Property which preclude or interfere with, or would preclude or interfere with, the construction contemplated herein or the 305 of 722 16 49817532v4 occupancy and use of the Premises by Tenant for the purposes herein contemplated. (xi) no third party has the right to object to Tenant’s tenancy hereunder, prohibit the selling of any products sold by Tenant or the uses allowed herein or the right to consent to any feature of the Premises or Tenant’s signage. (xii) there are no mortgages, prime leases, deeds to secure debt, deeds of trust, or other instruments in the nature thereof, affecting Landlord or its interest in the Premises. (b) All representations and warranties, covenants and indemnities contained in this Lease shall survive the expiration or earlier termination of this Lease. (c) Deliveries. Subject to governmental regulations, Tenant shall have the right to accept deliveries and unload merchandise in its designated loading area adjacent to the front of the Premises, during 9:00 a.m. to 6:00 p.m. seven (7) days a week. 21. HOLDING OVER; END OF TERM (a) If Tenant shall hold possession of the Premises after the expiration or termination of this Lease, at Landlord's option (i) Tenant shall be deemed to be occupying the Premises as a tenant from month- to-month at one hundred fifty percent (150%) of the Fixed Minimum Rent in effect upon the expiration or termination of the immediately preceding term or (ii) Landlord may exercise any other remedies it has under this Lease or at law or in equity including an action for wrongfully holding over. (b) Upon the expiration or sooner termination of this Lease, Tenant shall surrender the Premises to Landlord in as good order, condition and repair as when received by Tenant; ordinary wear and tear, casualty and condemnation excepted. This provision shall expressly survive the termination or expiration of this Lease. (c) Any property, equipment, or product remaining in the Premises upon expiration of this Lease shall be considered abandoned and property of the Landlord. Any abandoned medical cannabis or infused products shall be turned over to the proper law enforcement authorities for destruction. 22. EXPENSES OF ENFORCEMENT The Parties shall bear its own costs, charges, expenses and attorney’s fees, and any other fees incurred in the event of a dispute between the Parties. Neither Party may seek recovery of expenses of enforcement of obligations under this Lease. 23. SUCCESSORS IN INTEREST Each and all of the covenants, agreements, obligations, conditions and provisions of this Lease shall inure to the benefit of and shall bind the successors and permitted assigns of the respective parties hereto. 24. REMEDIES ARE CUMULATIVE 306 of 722 17 49817532v4 Remedies conferred by this Lease upon the respective parties are not intended to be exclusive, but are cumulative and in addition to remedies otherwise afforded by the law. 25. QUIET POSSESSION Upon payment by the Tenant of the minimum, percentage and additional rent and all other sums due hereunder and upon the observance and performance of all covenants, terms and conditions on Tenant’s part to be observed and performed, Tenant shall peaceably and quietly hold and enjoy the Premises for the Term of this Lease without hindrance or interruption by Landlord or any other person or persons lawfully or equitably claiming by, through or under the Landlord, subject nevertheless, to the terms and conditions of this Lease. 26. ALTERATION (a) Changes Required by Law. Any structural changes, alterations or additions in or to the Premises which may be necessary or required by reason of any law, rule, regulation or order promulgated by competent governmental authority shall be made at the sole cost and expense of Landlord, including but not limited to asbestos removal and disposal and interior and exterior compliance with the Americans with Disabilities Act (ADA) etc. Notwithstanding the foregoing, if any such changes, alterations or additions are required as a result of improvements made by Tenant during the Term hereof or due to Tenant’s use of the Premises, such changes, alterations or additions shall be made at the sole cost and expense of Tenant. Tenant may contest the validity of any such law, rule, regulation or order, but shall indemnify and save Landlord harmless against the consequences of continued violation thereof by Tenant pending such contest. (b) Alterations During Term. Tenant shall be permitted to perform interior, nonstructural alterations to the Premises and to revise the interior layout of the Premises; provided that the alterations are in conformance the security plans approved by the State of Illinois, any regulations under the Medical Cannabis Act, and any additional regulatory authority provisions governing the Permitted Use. Tenant shall obtain Landlord's written consent to any other alterations or construction which affects the structural nature of the Premises, which consent shall not be unreasonably withheld, conditioned or delayed. 27. HAZARDOUS SUBSTANCES (a) Tenant agrees that, except as herein set forth, it shall not generate, use, store, handle or dispose of on or transport over the Premises any Hazardous Substances (defined below) in violation of any Environmental Laws (defined below), except as such incidental amounts of Hazardous Substances as may be required for Tenant to conduct the Permitted Use. (b) If, at any time during the Term, Hazardous Substances are found in the Premises or at the Premises, then, in such event: (i) with regard to any Hazardous Substances existing on the Garage Property prior to the Commencement Date or that Landlord shall have caused, Landlord shall remove same, in compliance with applicable Environmental Laws, at Landlord’s sole cost and expense. Landlord shall defend, indemnify, and hold Tenant harmless from and against any and all costs, damages, expenses and/or liabilities (including reasonable attorneys’ fees) which Tenant may suffer as a result 307 of 722 18 49817532v4 of any claim, suit or action regarding any such Hazardous Substances (whether alleged or real) and/or regarding the removal and clean-up of same or resulting from the presence of such Hazardous Substances. The representation, warranty and indemnity of Landlord described in this subsection shall survive the termination or expiration of this Lease. (ii) with regard to any Hazardous Substances caused by Tenant or its agents, contractors or employees, Tenant shall remove same, in compliance with applicable Environmental Laws, at Tenant’s sole cost and expense. Tenant shall defend, indemnify, and hold Landlord harmless from and against any and all costs, damages, expenses and/or liabilities (including reasonable attorneys’ fees) which Landlord may suffer as a result of any claim, suit or action regarding any such Hazardous Substances (whether alleged or real) present due to Tenant and/or regarding the removal and clean-up of same or resulting from the presence of such Hazardous Substances. The representation, warranty and indemnity of Tenant described in this subsection shall survive the termination or expiration of this Lease. (c) In the event that during the Term of this Lease, Tenant is prevented from performing Tenant’s Work and/or Tenant shall be unable to operate for a period of thirty (30) days or more for the Permitted Use at the Premises and ceases operating at the Premises as a result of the existence or remediation of Hazardous Substances located at the Premises which were not caused by Tenant or its agents, contractors or employees, then Fixed Minimum Rent, Additional Rent and all other charges due hereunder shall equitably abate, in accordance with the portion of the Premises used by Tenant, until such time as Tenant is able to resume the performance of Tenant’s Work and/or the operation of its business in the Premises. If Fixed Minimum Rent and other charges shall be so abated for a period of three hundred sixty-five (365) days, Tenant shall have the right to terminate this Lease upon thirty (30) days prior written notice to Landlord. (d) The term “Hazardous Substance” includes, without limitation, any material or substance which is (i) defined or listed as a “hazardous waste”, “extremely hazardous waste”, “restrictive hazardous waste” or “hazardous substance” or considered a waste, condition of pollution or nuisance under any Environmental Law (as defined below); (ii) petroleum or a petroleum product or fraction thereof; (iii) asbestos and any asbestos containing materials; and/or (iv) substances known to cause cancer and/or reproductive toxicity. The term “Environmental Law” shall mean any federal, state or local law, statute, ordinance, rule, regulation, order, consent, decree, judgment or common-law doctrine, interpretation thereof, and provisions and conditions of permits, licenses, plans, approvals and other operating authorizations whether currently in force or hereafter enacted relating to health, industrial hygiene or the environmental conditions on, under or about the Premises or the Garage Property, as such laws are amended and the regulations and administrative codes applicable thereto. It is the intent of the parties hereto to construe the terms “Hazardous Substance” and “Environmental Law” in their broadest sense. 28. GENERAL CONDITIONS (a) Time is of the essence of this Lease. Any deadlines in this Lease which cannot be met because of delays caused by governmental regulations, inability to procure labor or materials, strikes, acts of God, or other causes (other than financial), beyond the control of Landlord or Tenant (“Force Majeure”) shall be extended by the amount of time caused by such delays; provided, however, the payment of rent shall not be excused. Notwithstanding anything herein to the contrary, the failure by Landlord to construct the Premises according to building code and/or 308 of 722 19 49817532v4 to receive timely inspections by the necessary authorities due solely to the negligence, misconduct or financial inability of Landlord or Landlord's contractors, employees or representatives shall not constitute Force Majeure. In order for Landlord to claim the occurrence of Force Majeure, Landlord must have notified Tenant in writing of such occurrence within twenty (20) business days after the initial occurrence. (b) No waiver of any breach of the covenants, agreements, obligations and conditions of this Lease to be kept or performed by either party hereto shall be construed to be a waiver of any succeeding breach of the same or any other covenant, agreement, obligation, condition or provision hereof. (c) Tenant shall not be responsible for the payment of any commissions in relation to the leasing transaction represented by this Lease. Landlord and Tenant each covenant that they have not dealt with any real estate broker or finder with respect to this Lease (herei n collectively “Brokers”). Each party shall hold the other party harmless from all damages, claims, liabilities or expenses, including reasonable and actual attorneys' fees (through all levels of proceedings), resulting from any claims that may be asserted against the other party by any real estate broker or finder with whom the indemnifying party either has or is purported to have dealt, except for the Brokers. (d) The use herein of any gender or number shall not be deemed to make inapplicable the provision should the gender or number be inappropriate to the party referenced. All section headings, titles or captions contained in this Lease are for convenience only and shall not be deemed part of this Lease and shall not in any way limit or amplify the terms and provisions of this Lease. (e) Landlord and Tenant have negotiated this Lease, have had the opportunity to be advised respecting the provisions contained herein and have had the right to approve each and every provision hereof; therefore, this Lease shall not be construed against either Landlord or Tenant as a result of the preparation of this Lease by or on behalf of either party. (f) If any clause, sentence or other portion of this Lease shall become invalid or unenforceable, the remaining portions thereof shall remain in full force and effect. (g) Wherever in this Lease Landlord or Tenant is required to give consent, such consent shall not be unreasonably withheld, conditioned or delayed except to the extent otherwise expressly provided herein. (h) If the time for performance of any obligation or taking any action under this Lease expires on a Saturday, Sunday or legal holiday, the time for such performance or taking such action shall be extended to the next succeeding day which is not a Saturday, Sunday or legal holiday. If the day on which rent or any other payment due hereunder is payable falls on a Saturday, Sunday or on a legal holiday, it shall be payable on the next succeeding day which is not a Saturday, Sunday or legal holiday. (i) Landlord hereby agrees that it shall maintain all confidentiality with regard to entering into this Lease, the opening for business by Tenant in the Premises and any financial information contained hereunder or obtained from Tenant during the Term of this Lease, other than disclosures to necessary third parties and Landlord shall not release any material whatsoever to the press or any news media without the prior written approval of Tenant, which approval may be withheld in 309 of 722 20 49817532v4 Tenant’s sole discretion. (j) Each covenant hereunder of Landlord, whether affirmative or negative in nature, is intended to and shall bind the Landlord and each successive owner of the Premises and their respective heirs, successors and assigns. (k) There shall be no personal liability on Landlord, its elected officials, officers, employees, agents, or any successor in interest with respect to any provisions of this Lease, or amendments, modifications or renewals hereof. Tenant shall look solely to the then owner's interest in the Premises (including but not limited to any insurance proceeds, rents, or judgments) for the satisfaction of any remedies of Tenant in the event of a breach by Landlord of any of its obligations hereunder. (l) Landlord hereunder shall have the right to assign, sell or transfer Landlord’s interest in this Lease or the Premises with consent of Tenant, which shall not be unreasonably withheld. In the event of any such transfer, the transferor shall be automatically relieved of any and all obligations on the part of Landlord accruing from and after the date of such transfer. (m) Tenant acknowledges that it will seek applications from qualified Evanston residents for employment in the PharmaCannis business located at the Premises. (n) The parties agree the this Lease shall be governed by and interpreted in accordance with the laws of the State of Illinois and that venue for any disputes shall be in the Circuit Court of Cook County, Illinois. (o) This Lease shall become effective on the day that this Lease shall be executed by the last of the parties hereto to execute this Lease (herein “Effective Date”). (p) There are no oral agreements between the parties hereto affecting this Lease, and this Lease supersedes and cancels any and all previous negotiations, arrangements, letters of intent, lease proposals, brochures, agreements, representations, promises, warranties and understandings between the parties hereto or displayed by Landlord to Tenant with respect to the subject matter thereof, and none thereof shall be used to interpret or construe this Lease. This Lease cannot be changed or terminated except by a written instrument subsequently executed by the parties hereto. 29. SUBORDINATION This Lease and all rights of Tenant hereunder are and shall be subject and subordinate to the lien of any mortgage, prime lease, deed to secure debt, deed of trust, or other instrument in the nature thereof, which may now or hereafter affect Landlord or its interest in the Premises; provided, however, that the foregoing subordination shall with respect to any future debt, mortgage, prime lease, deed of trust or other instrument only, be conditioned upon the holder of such mortgage, deed to secure debt, deed of trust, or other instrument in the nature thereof providing Tenant with a non-disturbance agreement to Tenant on such lender’s or prime landlord’s standard form. If the holder of any mortgage, deed to secure debt, deed of trust or other instrument in the nature thereof shall hereafter succeed to the rights of Landlord under this Lease, whether through possession or foreclosure action, termination of a prime lease or delivery of a new lease, then Tenant shall attorn to and recognize such successor as landlord under this Lease and such successor shall not disturb Tenant of its possession of the Premises as long as Tenant is not in default under the Lease and this 310 of 722 21 49817532v4 Lease shall continue in full force and effect as a direct lease between such successor landlord and Tenant, subject to all of the terms, covenants and conditions of this Lease. Tenant and Landlord’s successor shall promptly execute and deliver any reasonable instrument that may be necessary to evidence such subordination, nondisturbance and attornment. [REMAINDER OF THE PAGE LEFT INTENTIONALLY BLANK] 311 of 722 22 49817532v4 IN WITNESS WHEREOF, the respective parties hereto have executed this Lease by officers or agents thereunto duly authorized. Landlord: CITY OF EVANSTON, An Illinois municipal corporation By: _________________________________ Name: Wally Bobkiewicz Title: City Manager Tenant: PHARMACANN LLC, An Illinois limited liability company d/b/a PHARMACANNIS By: _________________________________ Name: Theodore C. Scott, President 312 of 722 23 49817532v4 EXHIBIT A LEGAL DESCRIPTION (TO BE INSERTED AT A LATER DATE) 313 of 722 24 49817532v4 EXHIBIT B PLANS (TO BE INSERTED AT A LATER DATE) 314 of 722 For City Council meeting of April 13, 2015 Item A11 Ordinance 44-O-15: Decreasing Class C Liquor License Clarke’s For Introduction 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 44-O-15, Decreasing the Number of Class C Liquor Licenses for Egg’Em on Clarke’s, Inc., dba Clarke’s, 720 Clark Street Date: March 27, 2015 Recommended Action: Staff recommends City Council adoption of Ordinance 44-O-15. Summary: Ordinance 44-O-15 amends Evanston City Code of 2012 Subsection 3-4-6-(C), as amended, to decrease the number of authorized Class C liquor licenses from twenty- two (22) to twenty-one (21). Egg’Em on Clarke’s, Inc., dba Clarke’s (“Company”), 720 Clark Street, is not renewing its liquor license and therefore does not require a Class C liquor license. This “housekeeping” ordinance amends the City Code to reflect the decrease in Class C liquor licenses. ------------------------------------------------------------------------------------- Attachments: Ordinance 44-O-15 Memorandum 315 of 722 3/30/2015 44-O-15 AN ORDINANCE Amending City Code Section 3-4-6-(C) to Decrease the Number of Class C Liquor Licenses from Twenty-Two to Twenty-One (Egg’Em on Clarke’s, Inc., d/b/a “Clarke’s”, 720 Clark Street) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class C of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: C Hotel or Restaurant Liquor None $4,300 $4,300 2221 Core 11 a.m.— 1 a.m. (Mon- Wed); 11 a.m. – 2 a.m. (Thurs – Sat); 11 a.m. – 1 a.m. (Sun); 11 a.m. – 2 a.m. on New Year’s Day, Memorial Day, Fourth of July, Labor Day and Thanksgiving SECTION 2: Subsection 3-4-6-(C) of the Evanston City Code of 2012, as amended, is hereby further amended by decreasing the number of Class C liquor licenses from twenty-two (22) to twenty-one (21) to read as follows: (C) CLASS C licenses, which shall authorize the sale on the premises specified of alcoholic liquor only for consumption on the premises while food is available. Such licenses may be issued only to hotels or restaurants in the core area. Establishments holding Class C licenses must have some food service available when alcoholic liquor is being sold. The meanings of "hotel," "restaurant," and "core area" shall be as defined in Section 3-4-1 of this Chapter. 316 of 722 44-O-15 ~2~ 1. The sale of alcoholic liquor shall not take place between the hours of 1:00 a.m. and 11:00 a.m., except that sales may be made up to 2:00 a.m. on Friday, Saturday, Sunday mornings and up to 2:00 a.m. on the mornings of January 1, Memorial Day, July 4, Labor Day and Thanksgiving; however, no such sales shall be made between 2:00 a.m. and 11:00 a.m. on Sunday. 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 four thousand three hundred dollars ($4,300.00). 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 four thousand five hundred fifteen dollars ($4,515.00). No more than twenty-two (22)twenty-one (21) such license(s) shall be in force at any one (1) time. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. 317 of 722 44-O-15 ~3~ Introduced: _________________, 2015 Adopted: ___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 318 of 722 For City Council meeting of April 13, 2015 Item A12 Ordinance 45-O-15: Decreasing Class D Liquor License Giordano’s For Introduction 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 45-O-15, Decreasing the Number of Class D Liquor Licenses for Mt. Prospect Venture, Inc., d/b/a Giordano’s Restaurant, 1527 Chicago Avenue Date: March 27, 2015 Recommended Action: Staff recommends City Council adoption of Ordinance 45-O-15. Summary: Ordinance 45-O-15 amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to decrease the number of authorized Class D liquor licenses from fifty-one (51) to fifty (50). Mt. Prospect Venture, Inc., d/b/a Giordano’s Restaurant (“Company”), 1527 Chicago Avenue, closed its business. This “housekeeping” ordinance amends the City Code to reflect the decrease in Class D liquor licenses. ------------------------------------------------------------------------------------- Attachments: Ordinance 45-O-15 Memorandum 319 of 722 3/30/2015 45-O-15 AN ORDINANCE Amending City Code Section 3-4-6-(D) to Decrease the Number of Class D Liquor Licenses from Fifty-One to Fifty (Mt. Prospect Venture, Inc., dba “Giordano’s Restaurant”, 1527 Chicago Avenue) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class D of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: D Restaurant Liquor None $2,800 $2,800 5150 None 11 a.m.— 1 a.m. (Mon- Thurs); 11 a.m. – 2 a.m. (Fri-Sat); 12 p.m. – 1 a.m. (Sun) SECTION 2: Subsection 3-4-6-(D) of the Evanston City Code of 2012, as amended, is hereby further amended by decreasing the number of Class D liquor licenses from fifty-one (51) to fifty (50) to read as follows: (D) CLASS D licenses, which shall authorize the retail sale in restaurants only of alcoholic liquor for consumption on the premises where sold. No such license may be granted to or retained by an establishment in which the facilities for food preparation and service are not primarily those of a "restaurant", as defined in Section 3-4-1 of this Chapter. Alcoholic liquor may be sold in restaurants holding Class D licenses only during the period when their patrons are offered a complete meal. The 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. 320 of 722 45-O-15 ~2~ 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 3-4-7 of this Chapter, shall be two thousand nine hundred forty dollars ($2,940.00). No more than fifty-one (51)fifty (50) such license(s) shall be in force at any one (1) time. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2015 Adopted: ___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 321 of 722 For City Council meeting of April 13, 2015 Item A13 Ordinance 41-O-15 Creating New Class F-1 Liquor License For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Ordinance 41-O-15, Amending City Code Section 3-4-6 By Creating the New Class F-1 Liquor License Date: March 30, 2015 Recommended Action: Local Liquor Commissioner provides a neutral recommendation to City Council regarding the adoption of Ordinance 41-O-15. Summary: The City currently does not have annual liquor license tailored to grocery stores allowing the sale of beer and wine for on-site consumption in addition to the sale of alcohol for off-site consumption. Irene Bahr, counsel for Whole Foods Market Group, Inc., approached the City of Evanston’s Liquor Control Review Board (“LCRB”) requesting the addition of a new annual liquor license for the proposed business model at Green Bay Road. Ordinance 41-O-15 is similar to municipalities allowing grocery stores to sell alcohol for offsite consumption and sell beer and wine for onsite consumption. This Ordinance provides the same requirements as grocery stores holding the Class F liquor license, while adding provisions related to onsite consumption. 1. The Class F-1 Liquor License is only available to grocery stores that are over 50,000 square feet; 2. Onsite consumption is limited to beer and wine only; 3. Onsite consumption shall be limited only to areas designated as proper seating/serving areas; and 4. Designated space for onsite consumption shall be no more than 5% of the gross floor area, and no larger than 2,500 square feet. Legislative History: The LCRB discussed the issues regarding the creation of a new liquor license to serve beer and wine only in grocery stores during the July 16, 2014 meeting. This Ordinance harmonizes Class F requirements imposed on grocery stores regarding the sale of alcohol for offsite consumption with additional requirements addressing the sale of beer and wine only for onsite consumption. The annual F-1 liquor license fee shall be Memorandum 322 of 722 40,000.00 for the first year, and the renewal fee shall be $13,000.00 every year thereafter. A community meeting in the 7th Ward convened to discuss the proposed business model did not express reservations with the proposed model. Alternatives: n/a ------------------------------------------------------------------------------------- Attachment: Ordinance 41-O-15 Minutes of the July 16, 2014 Liquor Control Review Board meeting 323 of 722 3/25/2015 41-O-15 AN ORDINANCE Amending City Code Section 3-4-6 By Creating the New Class F-1 Liquor License NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Table 1 of Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised to add the following: F-1 Grocery Beer/Wine Liquor $40,000 $13,000 0 None 8 a.m. – Midnight for consumption off the premises; Grocery store hours for consumption on premises SECTION 2: Subsection 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended by the enactment of a new Subsection (F-1) thereof, “Class F-1 Liquor License”, to read as follows: (F-1) CLASS F-1 licenses, which shall authorize the retail sale of packaged alcoholic liquor for consumption off premises and the sale of beer and wine for consumption on the premises as an incidental part of a grocery store, as defined in Section 3-4-1 of this Chapter, to persons of at least twenty-one (21) years of age. Establishments holding a Class F-1 license must have at least one (1) BASSET-certified site manager on the premises when alcoholic liquor is being sold. Class F-1 licenses shall be subject to the following conditions and limitations for the sale of alcohol, in original packages, unopened only: 1. It shall be unlawful for a Class F-1 licensee to sell a single container of beer for consumption off premises unless the volume of the container is greater than forty (40) ounces or 1.18 liters. It shall be unlawful for a licensee to bundle, tape, package, or otherwise manipulate single 324 of 722 41-O-15 ~2~ containers of beer for sale as a set. Any such manipulation of packaging shall be a violation of this Subsection. Nothing in this Subsection shall be construed as prohibiting the sale of packages containing six single containers of beer, including such packages consisting of various single containers of beer chosen by the consumer. 2. It shall be unlawful for a Class F-1 licensee to sell a single container of wine for consumption off premises unless the container is greater than sixteen (16) fluid ounces or 0.473 liters. 3. It shall be unlawful for a Class F-1 licensee to sell a single container of alcoholic liquor for consumption off premises, except beer and wine which are regulated by Subsections (F-1)1 and (F-1)2 of this Section, unless the container is greater than sixteen (16) fluid ounces or 0.473 liters. 4. The sale of alcoholic liquor at retail for off-site consumption pursuant to the Class F-1 license may begin after 8:00 a.m., Monday through Sunday. Alcoholic liquor for off-site consumption shall not be sold after the hour of 12:00 midnight on any day. 5. No such license may be granted to an establishment that is located within five hundred (500) feet of a licensee holding a Class F-1 or Class F liquor license. 6. A Class F-1 licensee shall provide a minimum of fifty thousand (50,000) square feet of production, preparation, and display area in which products are prepared and are for sale. The gross floor area shall include premises within the exterior walls of the grocery store, but does not include any outdoor patio, parking, storage or display areas. 7. Alcoholic liquor sold in original packages and intended for consumption off the premises shall not be opened or consumed on the premises or in any designated seating/service area. 8. Class F-1 licenses shall permit the tasting of samples of the alcoholic liquor permitted to be sold under this classification, on the licensed premises during authorized hours of business. No charge, cost, fee, or other consideration of any kind shall be levied for any such tasting. Licensees shall not provide more than three (3) free tastings, each of which shall not exceed one (1) fluid ounce for wine, two (2) fluid ounces for beer and one-quarter (.25) fluid ounce for distilled alcohol, to any person in a day. Licensees must have at least one (1) BASSET-certified site manager on-premises whenever offering alcoholic liquor for tastings. Licensees must provide food service when offering alcoholic liquor for tastings. The sale of beer and wine shall be permitted for consumption on the premises subject to the following conditions: 9. The sale of beer and wine only for consumption on the premises shall be served only in a designated seating/serving area, which includes an area where food is prepared and regularly served on the premises. Such food may include hot or cold sandwiches, appetizers, tapas, sushi, baked 325 of 722 41-O-15 ~3~ goods or other similar foods. 10. The consumption of beer and wine on the premises shall be permitted in the designated seating/serving area as well as the shopping areas throughout the premises; however, the licensee shall mark, with conspicuous signage, the areas past which consumption of beer and wine is no longer permitted. 11. The designated seating/serving area for customers consuming beer and wine on the premises shall be limited to five percent of the gross floor area. 12. The total space for on premise consumption shall be no more than 2,500 square feet. Such 2,500 square feet shall be measured as the space inside the barriers which are required in Subsections (F-1)10 and (F-1)11. 13. Under no circumstance shall the consumption of beer and wine be allowed in an outdoor patio. 14. It is intended that the service of beer and wine is merely adjunct to the operation of a grocery store and that the facility shall not be advertised or otherwise held out to be a drinking establishment. 15. Under no circumstance shall the sale of beer and wine take place outside of the normal business hours of the grocery store. The applicant for a Class F-1 license shall pay a first year license fee of forty thousand dollars ($40,000.00). Thereafter, the annual fee for a Class F license shall be thirteen thousand dollars ($13,000.00). No more than zero (0) such licenses shall be in force at any one (1) time. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. 326 of 722 41-O-15 ~4~ SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2015 Adopted: ___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 327 of 722 Page 1 of 5 MEETING MINUTES Liquor Control Board Wednesday July 16, 2014 11:00 a.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2750 Members Present: Mayor Elizabeth Tisdahl, Dave Skrodzki, Dick Peach, Byron Wilson Members Absent: Marion Macbeth Staff Present: W. Grant Farrar, Theresa Whittington Others Present: Nitya Poudel (Mumbai Grill); Thomas Douvikas (D&D Dogs); Kosta Douvikas (D&D Dogs); Robert Lapata (The Wood Shed); Joe Krause (The Wood Shed); Irene Bahr (Whole Foods); Noelle Wagner (Whole Foods); Anita Remijas (Women’s’ Club of Evanston) Presiding Member: Local Liquor Control Commissioner Elizabeth Tisdahl/Mayor CALL TO ORDER The Local Liquor Control Commissioner Elizabeth Tisdahl called the meeting to order at 11:00 a.m. All attendees introduced themselves and specified his/her role related to the meeting. NEW BUSINESS Yoga and Renish, LLC, dba Mumbai Grill. 1728 Sherman Ave, Evanston, IL 60201: Consideration of application for issuance of a Class D Liquor License (Liquor/Restaurant). Mumbai Grill requested consideration of an application for issuance of a Class D Liquor License (Liquor/Restaurant). Mr. Poudel explained that he recently purchased the restaurant that previously had a liquor license. He seeks a new liquor license under his ownership. He explained that the restaurant serves Indian food and that he intends on serving beer and wine at the restaurant. Mayor Tisdahl asked if all servers will have BASSET training. Mr. Poudel responded that it is a family business run by him and his wife. Currently only he is BASSET trained but his wife will get trained soon. 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 D Liquor License to be introduced at the City Council meeting on August 11, 2014. D&D Dogs, Inc., dba D&D Dogs, 825 Noyes Street, Evanston, IL 60201: D&D Dogs requested consideration of an application for issuance of a Class D Liquor License (Liquor/Restaurant). 328 of 722 Page 2 of 5 Kosta Douvikas (KD) explained that D&D Finer Foods already has a liquor license to sell packaged goods. KD would like to offer patrons of the restaurant (D&D Dogs) the option to have a beer or wine with their food. He also plans to offer service of alcohol in the outdoor eating area. Mayor Tisdahl questioned whether service of alcohol would be allowed on the sidewalk café. Mr. Farrar explained that a type 2 restaurant with a sidewalk café permit is prohibited from serving alcohol in the outdoor area. KD acknowledged the restriction and indicated that he has indoor seating. Mayor Tisdahl stated further that she received a lot of emails from concerned citizens regarding the DMK liquor license and is worried that issuing a license to D&D Dogs will create a negative precedent for the neighborhood . Dick Peach pointed out that there are already businesses in the area with liquor licenses. Anita Remijas commented that she lives in the neighborhood and is familiar with D&D and contrasted it with DMK by stating DMK’s seating is very limited. The concern regarding DMK was that students would buy harder alcohol. She further stated that D&D has worked over the years at improving the area and expanding hours as the residents require. She further stated that D&D Finer Foods has been very responsible in its liquor sales practices. She feels D&D Dogs is larger than DMK and that they should get a license. Dick Peach stated that he thinks it is good for the area and good for the business. He further stated that D&D Dogs is more than just a hot dog stand and it serves a wider variety of food than DMK. Dave Skrodzki supported the license and stated that D&D Dogs and D&D Finer Foods have been responsible business owners. Byron Wilson also recommended issuance of a license. Mayor Tisdahl indicated that in the future she would share citizen emails regarding liquor licensing with the Liquor Board members. Mayor Tisdahl stated she would issue a written decision regarding D&D Dogs’ request in a couple of days. Kosta Douvikas offered that D&D Finer Foods has been in the neighborhood for over 40 years. It pays its liquor taxes in a timely manner. Students know that they diligently check ID’s and use scanners to do so. They also require two forms of ID if presented with an out-of-state ID. Mayor Tisdahl agreed that D&D Finer Foods runs a great business and she likes the food at D&D Dogs. Her concern centers on the concerns of residents in the area. Kosta Douvikas responded that residents visiting his establish want to have alcohol with their meals. Mayor Tisdahl indicated that she would issue her decision in a couple of days. MDCC, LLC., dba The Wood Shed, 1700 Central Street, Evanston, IL 60201: The Wood Shed requested consideration of an application for issuance of a Class D Liquor License (Liquor/Restaurant). Robert Lapata (RL) spoke on behalf of The Wood Shed. He explained that he is seeking a full Class D license for a type 1 restaurant. He feels the restaurant will add value to the development of the east side of Central Street that is underserved. Mr. Lapata also lives in the neighborhood. 329 of 722 Page 3 of 5 Dick Peach noted that the BASSET certificate was out of date. RL stated that he will provide an updated/valid BASSET card as soon as possible. Byron Wilson asked about the origin of the restaurant name. Robert Lapata responded that they are in the process of changing the business name to The Ten Mile House. They feel this name better reflects the atmosphere of the restaurant and is meaningful to Evanston’s history. 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 D Liquor License to be introduced at the City Council meeting on August 11, 2014. FOR DISCUSSION Whole Foods Market, 2748 Green Bay Road, Evanston, IL Whole Foods Market discussed its new business model for Green Bay Road that includes on-site consumption. oelle Wagner W Store Design & Operations Coordinator at Whole Foods Market, explained the store concept to the Board. Whole Foods is proposing a diner that would serve beer and wine and a small wine bar that would serve food in the form of cheese plates and other small plates. There are seating areas in the plan that is conducive to confining alcohol consumption to specific areas if needed. Whole Foods preference would be to allow a “sip and shop” experience allowing patrons the ability to walk through the store with alcohol while shopping. There have been no issues with similar models in other stores. Other local stores with similar on-site consumption include Sauganash, Lincoln Park and Park Ridge. She stressed that they are seeking to serve beer and wine only. The concept is in stores throughout the country and some even include spirits. The on-site consumption adds to the dining experience and provides a place for people to hangout. Mayor Tisdahl raised concerns over the wine bar. Ms. Wagner explained that the wine bar will serve food and that there will be a grill attached to the wine bar. Dick Peach said it is an interesting concept and does not have any objections to it. Dave Skrosdzki thinks the concept will work well in the proposed location and will be well received by the area residents. Byron Wilson also supported the idea. Grant Farrar (GF) asked about the target opening date. NW responded that Whole Foods is aiming for August 2015. GF asked if the same “sip and shop” concept proposed in Evanston is the same one implemented in Park Ridge. NW responded that Park Ridge does not allow sip and shop and requires the alcohol service to take place in a confined area. Irene Bahr explained that Park Ridge narrowed the scope of its code to not allow for sip and shop and also put in other restrictions. GF asked when the on-site consumption models were implemented at the Lincoln Park and Sauganash stores. NW explained that the concepts were in place at the time of opening at both locations and that the stores were designed with that intent. GF asked about the location of an outdoor patio. NW responded that there are no pla ns for an outdoor patio at the Green Bay Road location. 330 of 722 Page 4 of 5 Mayor Tisdahl asked how important “sip and shop” is to the store business plan. NW stated that it is a model they would like to implement uniformly in the future and that is enhances the shopping experience. Whole Foods would be agreeable to abandoning that idea and confining alcohol consumption to specific areas of the store. Mayor Tisdahl thinks that would more align with the values of Evanston residents. Grant Farrar asked if there have been any incidents with over-consumption at any of the other stores. NW responded “no”. She further stated that the Sauganash residents had a lot of concerns prior to the store opening and that those concerns were addressed though community meetings. NW stated that most people only have 1-2 drinks. GF asked how they plan to monitor consumption. NW is not aware of any over-consumption or under age instances like that at any of the stores. She further stated that all personnel in the bar areas are all trained in the laws and they check everyone’s ID. Whole Foods is very aware of the licensing requirements and do not want to put their license at risk. Grant Farrar noted that the concept has changed from the initial proposal. Mayor Tisdahl expressed her intent to further vet the issue. She is concerned about spirits. Irene Bahr noted that the concept has changed and Whole Foods intends to only serve beer and wine at the location. Mayor Tisdahl rejected the “sip and shop” experience and expressed her preference that alcohol service be contained to certain areas. Representative from Whole Foods have had at least one meeting with the local Alderman. The Mayor would like to allow time for Whole Foods to have further conversation with the Alderman. She would like the neighbors to know in advance when the issue will be on the City Council agenda. Irene Bahr was agreeable to holding any further discussion until September or later while Whole Foods does furth er reach out to the community. Women’s Club of Evanston, 1702 Chicago Ave, Evanston, IL 60201 Anita Remijas of The Women’s Club of Evanston (WCE) discussed reducing the one- day liquor licensing fees for class Z1 and class Z2. She explained that WCE hosts 10 days of public events per year that necessitate a one-day liquor permit. It is not cost beneficial to acquire the one-day licenses as they often cost more than they sell in alcohol. The money raised at the various events benefit the community. It’s a lot of money to pay $150 per day for 10 events. She would like the fee waived or a fee per event rather than per night. Grant Farrar (GF) stated that the request would require a code amendment. Z1 and Z2 requirements apply city-wide to all organizations equally. A waiver could raise equal protection issues and is not practical from an administrative point of view. Consequently, a code amendment would be the most appropriate course of action. GF recommended either increasing days allowed per event and/or reducing the one-day fee for Z1 and Z2. Dick Peach asked if hiring a licensed catering company might circumvent the need for a one-day liquor license. Anita Remijas stated that they already do that for one particular private event but the cost is actually more than a one-day liquor license. Mayor Tisdahl inquired what about the cost of an annual liquor license. GF stated that the closest license class is S and the annual fee is $500. GF offered that the class 331 of 722 Page 5 of 5 description may be able to get expanded from just Veteran Organizations to include other organizations that maintain club headquarters in the City of Evanston. The Board was favorable to exploring a $500 per year annual license for non-profit organizations. GF directed staff to research other potentially qualifying organizations to identify the revenue impact of such a change. The Mayor will make a decision at a future date pending this research. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Elizabeth Tisdahl, Mayor at 11:59 a.m., July 16, 2014. Respectfully Submitted, Theresa Whittington Liquor Licensing Manager, Legal Department 332 of 722 For City Council meeting of April 13, 2015 Item A14 Ordinance 48-O-15 – Increase Class F-1 Liquor License For Introduction 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 48-O-15, Increasing the Number of Class F-1 Liquor Licenses for Whole Foods Market Group, Inc., d/b/a Whole Foods Market, 2748 Green Bay Road Date: March 31, 2015 Recommended Action: Local Liquor Commissioner provides a neutral recommendation to City Council regarding the adoption of Ordinance 48-O-15. Summary: Ordinance 48-O-15 amends Evanston City Code of 2012 Subsection 3-4-6-(F-1), as amended, to increase the number of authorized Class F-1 liquor licenses from zero (0) to one (1), and permit issuance of a Class F license to Whole Foods Market Group, Inc., d/b/a Whole Foods Market (“Company”), 2748 Green Bay Road. This license will permit Company the retail sale of alcoholic liquor in grocery stores in original packages for offsite consumption and onsite consumption of beer and wine only to persons of at least twenty-one (21) years of age. Legislative History: At the July 16, 2014 Liquor Control Review Board meeting, Company requested consideration of creation and application for a Class F-1 liquor license. ------------------------------------------------------------------------------------- Attachments: Ordinance 48-O-15 Application See Agenda Item A13 for Minutes of the July 16, 2014 Liquor Control Review Board meeting Memorandum 333 of 722 3/25/2015 48-O-15 AN ORDINANCE Amending Subsection 3-4-6 of the City Code to Increase the Number of Class F-1 Liquor Licenses from Zero to One (Whole Foods Market Group, Inc., dba Whole Foods Market, 2748 Green Bay Road) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class F-1 of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: F-1 Grocery Beer/Wine Liquor $40,000 $13,000 01 None 8 a.m. – Midnight for consumption off the premises; Grocery store hours for consumption on premises SECTION 2: Subsection 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class F-1 liquor licenses from zero (0) to one (1) to read as follows: (F-1) CLASS F-1 licenses, which shall authorize the retail sale of packaged alcoholic liquor for consumption off premises and the sale of beer and wine for consumption on the premises as an incidental part of a grocery store, as defined in Section 3-4-1 of this Chapter, to persons of at least twenty-one (21) years of age. Class F-1 licenses shall be subject to the following conditions and limitations for the sale of alcohol, in original packages, unopened only: 1. It shall be unlawful for a Class F-1 licensee to sell a single container of beer for consumption off premises unless the volume of the container is greater than forty (40) ounces or 1.18 liters. It shall be unlawful for a licensee to bundle, tape, package, or otherwise manipulate single 334 of 722 48-O-15 ~2~ containers of beer for sale as a set. Any such manipulation of packaging shall be a violation of this Subsection. Nothing in this Subsection shall be construed as prohibiting the sale of packages containing six single containers of beer, including such packages consisting of various single containers of beer chosen by the consumer. 2. It shall be unlawful for a Class F-1 licensee to sell a single container of wine for consumption off premises unless the container is greater than sixteen (16) fluid ounces or 0.473 liters. 3. It shall be unlawful for a Class F-1 licensee to sell a single container of alcoholic liquor for consumption off premises, except beer and wine which are regulated by Subsections (F-1)1 and (F-1)2 of this Section, unless the container is greater than sixteen (16) fluid ounces or 0.473 liters. 4. The sale of alcoholic liquor at retail for off-site consumption pursuant to the Class F-1 license may begin after 8:00 a.m., Monday through Sunday. Alcoholic liquor for off-site consumption shall not be sold after the hour of 12:00 midnight on any day. 5. No such license may be granted to an establishment that is located within five hundred (500) feet of a licensee holding a Class F-1 or Class F liquor license. 6. A Class F-1 licensee shall provide a minimum of fifty thousand (50,000) square feet of production, preparation, and display area in which products are prepared and are for sale. The gross floor area shall include premises within the exterior walls of the grocery store, but does not include any outdoor patio, parking, storage or display areas. 7. Alcoholic liquor sold in original packages and intended for consumption off the premises shall not be opened or consumed on the premises or in any designated seating/service area. 8. Class F-1 licenses shall permit the tasting of samples of the alcoholic liquor permitted to be sold under this classification, on the licensed premises during authorized hours of business. No charge, cost, fee, or other consideration of any kind shall be levied for any such tasting. Licensees shall not provide more than three (3) free tastings, each of which shall not exceed one (1) fluid ounce for wine, two (2) fluid ounces for beer and one-quarter (.25) fluid ounce for distilled alcohol, to any person in a day. Licensees must have at least one (1) BASSET-certified site manager on-premises whenever offering alcoholic liquor for tastings. Licensees must provide food service when offering alcoholic liquor for tastings. The sale of beer and wine shall be permitted for consumption on the premises subject to the following conditions: 9. The sale of beer and wine only for consumption on the premises shall be served only in a designated seating/serving area, which includes an area where food is prepared and regularly served on the premises. Such food may include hot or cold sandwiches, appetizers, tapas, sushi, baked 335 of 722 48-O-15 ~3~ goods or other similar foods. 10. The consumption of beer and wine on the premises shall be permitted in the designated seating/serving area as well as the shopping areas throughout the premises; however, the licensee shall mark, with conspicuous signage, the areas past which consumption of beer and wine is no longer permitted. 11. The designated seating/serving area for customers consuming beer and wine on the premises shall be limited to five percent of the gross floor area. 12. The total space for on premise consumption shall be no more than 2,500 square feet. Such 2,500 square feet shall be measured as the space inside the barriers which are required in Subsections (F-1)10 and (F-1)11. 13. Under no circumstance shall the consumption of beer and wine be allowed in an outdoor patio. 14. It is intended that the service of beer and wine is merely adjunct to the operation of a grocery store and that the facility shall not be advertised or otherwise held out to be a drinking establishment. 15. Under no circumstance shall the sale of beer and wine take place outside of the normal business hours of the grocery store. The applicant for a Class F-1 license shall pay a first year license fee of forty thousand dollars ($40,000.00). Thereafter, the annual fee for a Class F license shall be thirteen thousand dollars ($13,000.00). No more than zero (0)one (1) such licenses shall be in force at any one (1) time. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. 336 of 722 48-O-15 ~4~ SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2015 Adopted: ___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 337 of 722 redacted 338 of 722 339 of 722 340 of 722 341 of 722 redacted 342 of 722 343 of 722 344 of 722 345 of 722 346 of 722 347 of 722 re da ct ed re d ac te d 348 of 722 349 of 722 350 of 722 351 of 722 352 of 722 353 of 722 354 of 722 355 of 722 356 of 722 357 of 722 358 of 722 359 of 722 360 of 722 361 of 722 362 of 722 April 1, 2015 Law Office of Irene F. Bahr 1751 S. Naperville Road, Suite 209 Wheaton, IL 60187-8196 Re: Whole Foods Market – Green Bay Road Dear Ms. Bahr: On July 16, 2014, representatives of Whole Foods Market attended a Liquor Control Review Board meeting to request the approval of a new license class allowing for onsite consumption at Whole Foods Market, Green Bay Road. The amendment and approval of the application will be presented to City Council. Please have a representative in attendance at the relevant City council meetings: Attend the City Council meeting scheduled on April 13, 2015 at 5:30 P.M., for introduction and discussion of the ordinance. Attend the City Council meeting scheduled on April 27, 2015 at 5:30 P.M., for action (vote) on the ordinance. After obtaining approval of the local Liquor Control Review Board the matter is presented to the Evanston City Council for adoption into the City Code. The approval process by the Evanston City Council typically takes two meetings dates. The first meeting is to introduce the change/increase in the license class and open it up for discussion and the second meeting is to take action on the request. It is required that you or someone representing the establishment be present at the City Council meeting to answer any questions. Failure to appear may result in a delay in approval of the change/license. Once your request is approved and placed on the “consent agenda”, you presence is no longer needed at the meeting. The matter will be placed on the agenda of a second (subsequent) City Council meeting for action. Your presence is also required at the second meeting, in the event any additional questions should arise. If you would like to discuss this matter further, feel free to contact me. Regards, Theresa Whittington Liquor Licensing Manager Liquor Licensing Theresa Whittington 2100 Ridge Avenue Evanston, Illinois 60201 Phone: (847) 448-8160 Fax: (847) 448.8164 Website: cityofevanston.org 363 of 722 For City Council meeting of April 13, 2015 Item A15 Ordinance 46-O-15, Sale of Beer in Twenty-Two Ounce Containers for P-1 License For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Ordinance 46-O-15, Amending City Code Section 3-4-6-(P-1) to Allow for Sale of Beer in Twenty-Two Ounce Containers for Off-Site Consumption Date: March 27, 2015 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 46-O-15. Summary: The City of Evanston (“City”) currently restricts the P-1 liquor license to the sale of beer in thirty-two (32) ounce containers or greater for off-site consumption. On February 26, 2015 Sketchbook Brewing Company requested the City of Evanston’s Local Liquor Control Board (“LLCB”) consider a decrease in the minimum allowed volume of beer containers from thirty-two (32) ounces to twenty-two (22) ounces. The LLCB finds that twenty-two (22) ounce containers are typical of the craft beer industry. Recognizing this fact, the City Code will be amended to allow for sale of beer in twenty-two (22) ounce containers for off-site consumption for the current Class P-1 liquor licenses. Attachments: Ordinance 46-O-15 Minutes of the February 26, 2015 Liquor Control Review Board meeting Memorandum 364 of 722 3/30/2015 46-O-15 AN ORDINANCE Amending Subsection 3-4-6-(P-1) of the City Code to Allow for Sale of Beer in Twenty-Two (22) Ounce Containers for Off-Site Consumption NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(P-1) of the Evanston City Code of 2012, as amended, is hereby further amended by allowing the sale of beer in twenty-two (22) ounce containers for off-site consumption, to read as follows: (P-1) CRAFT BREWERY license shall authorize the on-site production and storage of craft beer in quantities not to exceed nine hundred thirty thousand (930,000) gallons (or 30,000 barrels) per year and the sale of such beer for consumption off-premises. It also authorizes on-site sampling consumption of such beer by persons of at least twenty-one (21) years of age. Such craft brewery licenses shall be issued subject to the following conditions: 1. It shall be unlawful for a Class P-1 licensee to sell a container of beer for off-premises consumption unless the volume of the container is equal to or greater than thirty-two (32) ounces or 0.94 literstwenty-two (22) ounces or .65 liters. 2. Class P-1 licensees may during authorized hours of business, offer for on- site consumption samples of beer permitted to be produced and sold pursuant to this classification. Licensees who limit activity to sampling only, as specified herein, shall provide limited food service such as cheese, crackers, snack food or other similar deli-style items to customers who are sampling craft beer. 3. Class P-1 licensees must have at least one (1) BASSET-certified site manager on-premises whenever beer is available for on-site consumption. All persons who sell, open, pour, dispense or serve craft beer shall be BASSETT certified. Class P-1 licensees must provide food service whenever beer is available for on-site consumption, in accordance with the specifications applicable to sampling for on-site consumption. The licensee is strictly liable for complying with all provisions regarding food service. Craft beer product samples for on-site consumption shall be dispensed only in containers provided by the licensee. No alcoholic liquor shall be brought onto the licensed premises or consumed on the licensed premises other than the craft beer offered for sampling. Licensees shall 365 of 722 46-O-15 ~2~ not provide more than three (3) free samples, each of which shall not exceed two (2) fluid ounces, to any person in a day. 4. It shall be unlawful for the holder of a Class P-1 license to provide a sample of or sell any beer between the hours of 12:00 a.m. and 10:00 a.m. on any Monday, Tuesday, Wednesday, Thursday or Friday; between the hours of 1:00 a.m. and 10:00 a.m. on any Saturday; and between the hours of 1:00 a.m. and 12:00 p.m. on any Sunday. 5. Every Class P-1 licensee must have a valid Class 3 Brewer's License from the State of Illinois. Every licensee shall maintain accurate records as to the total gallonage of beer manufactured on the premises and the total gallonage of beer manufactured on the premises and sold for consumption off-premises. Licensee shall produce said records to the City upon request. 6. Every employee of a Class P-1 licensee who participates in the production and sale of beer, pursuant to this license class, must be BASSET-certified. The applicant for the renewal only of such licenses may elect to pay the amount herein required semiannually or annually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be $1,800.00. The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be $1,890.00. No more than one (1) such license(s) shall be in force at any one (1) time. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as 366 of 722 46-O-15 ~3~ provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2015 Adopted: ___________________, 2015 Approved: __________________________, 2015 ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 367 of 722 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. 368 of 722 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. Mario n 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. 369 of 722 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 370 of 722 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 371 of 722 For City Council meeting of April 13, 2015 Item A16 Ordinance 47-O-15 Creating New Class P-3 Liquor License For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Ordinance 47-O-15, Amending City Code Section 3-4-6 By Creating the New Class P-3 Liquor License Date: March 30, 2015 Recommended Action: Local Liquor Commissioner recommends City Council adoption Ordinance 47-O-15. Summary: The City of Evanston’s (“City”) does not have annual liquor license tailored to craft wineries allowing the sale of wine for both on-site and off-site consumption. Walter Clements, representative for Canova, Inc., approached the City of Evanston’s Liquor Control Review Board (“LCRB”) requesting the addition of a new annual liquor license for such craft winery business models. Ordinance 47-O-15 was prepared to allow craft wineries the sale of wine for both on-site and off-site consumption. This Ordinance imposes pertinent requirements onto craft wineries that harmonize with current craft brewery requirements. Particular provisions to note for the onsite consumption of wine are as follows: 1. The Class P-3 Liquor License requires licensees to provide an expanded food service where wine is being sold for on-site consumption; 2. Onsite consumption is limited to the retail sale and sampling of wine only; 3. P-3 Liquor License holders shall have a valid First Class Wine Maker’s License from the State of Illinois; and 4. P-3 Liquor License holders can provide no more than three (3) free wine samples per person per day. Each free wine sample shall not exceed one (1) fluid ounce. This provision comports with 235 ILCS 5, “Illinois Liquor Control Act.” Legislative History: The LCRB discussed the issues regarding the creation of a new liquor license to serve wine in craft wineries during the February 26, 2015. This Ordinance imposes requirements onto craft wineries in a similar and consistent manner as those Memorandum 372 of 722 requirements onto craft breweries. The annual P-3 liquor license fee shall be four thousand two hundred dollars ($4,200.00). ------------------------------------------------------------------------------------- Attachment: Ordinance 47-O-15 See Agenda Item A15 for Minutes of the February 26, 2015 Liquor Control Review Board meeting 373 of 722 3/31/2015 47-O-15 AN ORDINANCE Amending City Code Section 3-4-6 By Creating the New Class P-3 Liquor License NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Table 1 of Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised to add the following: P-3 Craft Winery Wine Wine $4,000 $4,200 0 None 10 a.m. – 12 a.m. (Sun – Thurs); 10 a.m. – 1 a.m. (Fri-Sat); 10 a.m. – 12 a.m. (Sun) SECTION 2: Subsection 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended by the enactment of a new Subsection (P-3) thereof, “Class P-3 Liquor License”, to read as follows: (P-3) CRAFT WINERY license shall authorize the on-site production and storage of wine in quantities not to exceed fifty thousand (50,000) gallons per year and the sale of such wine for consumption off-premises and on-premises. It also authorizes on-site sampling consumption of such wine by persons of at least twenty-one (21) years of age. Such craft winery licenses shall be issued subject to the following conditions: 1. It shall be unlawful for a Class P-3 licensee to sell a container of wine for off-premises consumption unless the volume of the container is equal to or greater than twenty-five (25) ounces or 750 milliliters. 2. Class P-3 licensees may during authorized hours of business, offer for on- site consumption samples of wine, or wine for retail sale, the wine permitted to be produced and sold pursuant to this classification. Licensees who offer servings of wine for retail sale shall provide expanded food service which includes such items as sandwiches, flatbreads, 374 of 722 47-O-15 ~2~ empanadas, hot dogs, salads, or other similar a la carte items to customers who are purchasing a wine serving(s). Licensees may arrange for the presence and operation of a mobile food vehicle on or adjacent to the licensed premises during authorized hours of business to serve food to customers. Only mobile food vehicle vendors licensed pursuant to Title 8, Chapter 23 of the City Code shall be allowed to be present and operate. Licensees required to provide expanded food service shall comply with all applicable requirements of Title 8, Chapter 6 of the City Code. 3. Class P-3 licensees must have at least one (1) BASSET-certified site manager on-premises whenever wine is available for on-site consumption. All persons who sell, open, pour, dispense or serve wine shall be BASSET certified. Class P-3 licensees must provide food service whenever wine is available for on-site consumption, in accordance with the specifications applicable to retail sale for on-site consumption. The licensee is strictly liable for complying with all provisions regarding food service. Wine for product sampling or retail sale for on-site consumption shall be dispensed only in containers provided by the licensee. During authorized hours of business, Class P-3 licensees may offer for on- site consumption samples of wine permitted to be produced and sold pursuant to this classification. Licensees shall not provide more than three (3) free samples, each of which shall not exceed one (1) fluid ounce, to any person in a day. Wine servings for consumption on premises shall be dispensed in containers no larger than 500 milliliters. Wine sold within the licensed premises for consumption on the premises shall not be removed from the licensed premises. No alcoholic liquor shall be brought onto the licensed premises or consumed on the licensed premises other than wine sold at retail or offered for sampling. 4. It shall be unlawful for the holder of a Class P-3 license to provide a sample of or sell any wine between the hours of 12:00 a.m. and 10:00 a.m. on any Monday, Tuesday, Wednesday, Thursday or Friday; between the hours of 1:00 a.m. and 10:00 a.m. on any Saturday; and between the hours of 1:00 a.m. and 12:00 p.m. on any Sunday. 5. Every Class P-3 licensee must have a valid First Class Wine Maker’s License from the State of Illinois. Every licensee shall maintain accurate records as to the total gallonage of wine manufactured on the premises and the total gallonage of wine manufactured on the premises and sold for consumption off-premises. Licensee shall produce said records to the City upon request. 6. Every employee of a Class P-3 licensee who participates in the production and sale of wine, pursuant to this license class, must be BASSET- certified. The applicant for the renewal only of such licenses may elect to pay the amount herein required semiannually or annually. Such election shall be made at the time of application. 375 of 722 47-O-15 ~3~ The annual single payment fee for initial issuance or renewal of such license shall be $4,000.00. 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 $4,200.00. No more than zero (0) such license(s) shall be in force at any one (1) time. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2015 Adopted: ___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor 376 of 722 47-O-15 ~4~ Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 377 of 722 For City Council meeting of April 13, 2015 Item A17 Ordinance 49-O-15 Amending the Z-3 and Z-4 Liquor Licenses For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Ordinance 49-O-15, Amending City Code Section 3-4-6-(Z-3) and 3-4-6- (Z-4) to Remove the Evanston Arts Center and Add the Gibbs-Morrison Cultural Center as Authorized City-Owned Buildings for Special One Day Liquor Licenses Date: March 30, 2015 Recommended Action: Staff recommends City Council adoption of Ordinance 49-O-15. Summary: Ordinance 49-O-15 adds the Gibbs-Morrison Cultural Center, 1823 Church Street, and removes the Evanston Arts Center, 2603 Sheridan Road, as authorized City-owned buildings in connection with special one-day liquor licenses, Class Z-3 and Class Z-4 liquor licenses. This Ordinance shall take effect on June 1, 2015, taking into account the scheduled opening of the Gibbs-Morrison Cultural Center on June 20, 2015 and the scheduled closing of the Evanston Arts Center on May 31, 2015. ------------------------------------------------------------------------------------- Attachment: Ordinance 49-O-15 Memorandum 378 of 722 3/30/2015 49-O-15 AN ORDINANCE Amending City Code Section 3-4-6-(Z-3) and 3-4-6-(Z-4), Removing the Evanston Arts Center and Adding the Gibbs-Morrison Cultural Center As Authorized City-Owned Buildings NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(Z-3) of the Evanston City Code of 2012, as amended, is hereby further amended as follows: (Z-3) CLASS Z-3 special one-day city owned building liquor licenses, which shall authorize the service of beer and wine only on the premises of the following facilities: Chandler-Newberger Center (1028 Central Street), Robert Crown Community Center/Ice Rink (1701 Main Street), Ecology Center (2024 McCormick Boulevard), Gibbs-Morrison Cultural Center (1823 Church Street),Evanston Arts Center (2603 Sheridan Road), Noyes Cultural Arts Center (927 Noyes Avenue), Levy Senior Center (300 Dodge Avenue), the Fleet-wood- Jourdain Community Center (1655 Foster Avenue), and the Evanston Public Library (1703 Orrington Avenue). Such special one-day licenses shall be issued subject to the following conditions: 1. The license shall authorize the consumption of beer and wine only. 2. The service of beer and wine shall only take place from 10:00 a.m. to 10:30 p.m. (Sunday through Thursday) and from 10:00 a.m. to 12:00 midnight (Friday and Saturday), provided also that food is made available during those hours. 3. The license shall be issued to and valid only for the "service premises" described with particularity in the license. A license to use a particular "service premises" is not a license to use any other portion of the building. Chandler-Newberger Center, Robert Crown Community Center/Ice Rink, and Fleetwood-Jourdain Community Center shall be closed to the general public during the hours of service of beer and wine authorized by a cClass Z-3 liquor license. 4. The application, which shall be submitted no later than twenty-one (21) days prior to the date of the service date sought, shall contain the following information: a. The name of applicant, address and phone number. b. The "service premises" for which the license is applicable, a 379 of 722 49-O-15 ~2~ description of the approximate area of the service premises. c. The hours of operation of the event, the service date, the address, completion of a signed rental agreement, security deposit, and approval of the director of parks/forestry and recreation department or his/her designee. d. The name, telephone number and address of the person who is responsible for conducting the event, and who will be on the premises during the actual event. Such person(s) must be at least twenty-one (21) years of age. e. A statement that the applicant will provide security for the event, if and as required by the City. f. A statement that: If I (we) am (are) granted this special liquor license, I (we) specifically recognize and agree that the Mayor may revoke this license at any time at the absolute discretion of the Mayor; and upon acceptance of this special liquor license, the holder specifically acknowledges the special privilege of obtaining this type of license and consents to all requirements, including the requirement of immediate forfeiture without reason. g. Signature of applicant. 5. A copy of a certificate of liquor liability insurance, naming the City as additional insured in the amount of one million dollars ($1,000,000.00) for the period during which liquor will be sold. 6. The fee for a Class Z-3 liquor license shall be seventy-five dollars ($75.00) for residents and two hundred sixty-five dollars ($265.00) for nonresidents, and shall be deposited with the application. 7. Applications for special one-day Class Z-3 liquor licenses shall be submitted to the liquor control commissioner in accordance with the provisions of this Subsection Z-3. The liquor control commissioner shall have the authority to grant or refuse to grant all special one-day liquor licenses. 8. No more than one (1) such license shall be granted per any facility, per day. SECTION 2: Subsection 3-4-6-(Z-4) of the Evanston City Code of 2012, as amended, is hereby further amended as follows: (Z-4) CLASS Z-4 special one-day city owned building liquor licenses, which shall authorize the service of alcoholic liquor only on the premises of the following facilities: Chandler-Newberger Center (1028 Central Street), Robert Crown Community Center/Ice Rink (1701 Main Street), Ecology Center (2024 McCormick Boulevard), Gibbs-Morrison Cultural Center (1823 Church Street),Evanston Arts Center (2603 Sheridan Road), Noyes Cultural Arts Center (927 Noyes Avenue), Levy Senior Center (300 Dodge Avenue), the Fleet-wood- Jourdain Community Center (1655 Foster Avenue), and the Evanston Public 380 of 722 49-O-15 ~3~ Library (1703 Orrington Avenue). Such special one-day licenses shall be issued subject to the following conditions: 1. The license shall authorize the consumption of alcoholic liquor. 2. The service of alcoholic liquor shall only take place from 10:00 a.m. to 10:30 p.m. (Sunday through Thursday) and from 10:00 a.m. to 12:00 midnight (Friday and Saturday), provided also that food is made available during those hours. 3. The license shall be issued to and valid only for the "service premises" described with particularity in the license. A license to use a particular "service premises" is not a license to use any other portion of the building. Chandler-Newberger Center, Robert Crown Community Center/Ice Rink, and Fleetwood-Jourdain Community Center shall be closed to the general public during the hours of service of alcoholic liquor authorized by a Class Z-4 liquor license. 4. The application, which shall be submitted no later than twenty-one (21) days prior to the date of the service date sought, shall contain the following information: a. The name of applicant, address and phone number. b. The "service premises" for which the license is applicable, a description of the approximate area of the service premises. c. The hours of operation of the event, the service date, the address, completion of a signed rental agreement, security deposit, and approval of the Director of Parks, Recreation & Community Services or his/her designee. d. The name, telephone number and address of the person who is responsible for conducting the event, and who will be on the premises during the actual event. Such person(s) must be at least twenty-one (21) years of age. e. A statement that the applicant will provide security for the event, if and as required by the City. f. A statement that: If I (we) am (are) granted this special liquor license, I (we) specifically recognize and agree that the Mayor may revoke this license at any time at the absolute discretion of the Mayor; and upon acceptance of this special liquor license, the holder specifically acknowledges the special privilege of obtaining this type of license and consents to all requirements, including the requirement of immediate forfeiture without reason. g. Signature of applicant. 5. A copy of a certificate of liquor liability insurance, naming the City as additional insured in the amount of one million dollars ($1,000,000.00) for the period during which liquor will be sold. 6. The fee for a Class Z-4 liquor license shall be one hundred fifteen dollars ($115.00) for residents and three hundred forty dollars ($340.00) for nonresidents, and shall be deposited with the application. 7. Applications for special one-day Class Z-4 liquor licenses shall be 381 of 722 49-O-15 ~4~ submitted to the liquor control commissioner in accordance with the provisions of this Subsection Z-4. The liquor control commissioner shall have the authority to grant or refuse to grant any Class Z-4 license. 8. No more than one (1) such license shall be granted per any facility, per day. SECTION 3: This ordinance shall take effect June 1, 2015 SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6: 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 382 of 722 For City Council meeting of April 13, 2015 Item A18 Ordinance 38-O-15, Amending 7-2-6(D), Sidewalk Cafes & Wine Shops/Enotecas For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Ordinance 38-O-15, Amending City Code Section 7-2-6(D), “Sidewalk Cafes,” Allowing the Sale of Wine at Wine Shop/Enoteca Sidewalk Cafes Date: April 1, 2015 Recommended Action: Staff recommends City Council consideration of Ordinance 38-O-15 which amends the City Code to permit sidewalk cafes at business establishments that operate a wine shop, also known as an enoteca. Summary: City staff was directed to draft an ordinance amending the current sidewalk café ordinance to allow wine shops classified as retail goods establishments to apply for a sidewalk café permit. The current sidewalk café ordinance only allows Type I and Type II restaurants to apply for a sidewalk café permit. This Ordinance allows an wine shop/enoteca to apply for a sidewalk café permit. • An enoteca is defined as a wine shop classified as a retail goods establishment holding a valid City of Evanston Class K liquor license. Section 7-2-6(D)(1). • A wine shop/enoteca can apply for a sidewalk café permit. Applications are initially reviewed by the Public Works Department, followed by the Administration and Public Works Committee (previously Planning and Development Committee) and City Council. City Council must approve or deny the sidewalk café permit. Section 7-2-6(D)(2)(c). • A permit is required for a wine shop/enoteca to operate a sidewalk café. Section 7-2-6(D)(2)(d). • The annual permit fee shall be in the amount of $200.00. Section 7-2-6(D)(3(i). Attachments: Ordinance 38-O-15 Memorandum 383 of 722 4/7/2015 38-O-15 AN ORDINANCE Amending City Code Section 7-2-6(D), “Sidewalk Cafes,” Allowing the Sale of Wine at Wine Shop (Enoteca) Sidewalk Cafes SECTION 1: Title 7, Chapter 2, Section 6(D) of the Evanston City Code of 2012, as amended (the “City Code”), is hereby further amended to read as follows: (D) Sidewalk Cafes. 1. Definitions. BAKERY. An establishment for any process of mixing, compounding and baking any bread, biscuits, crackers, rolls, cakes, pies, or any food products of which flour or meal is a principal ingredient, for sale at retail or at wholesale. ENOTECA. A wine shop classified as a retail goods establishment holding a valid City of Evanston Class K liquor license. ICE CREAM STORE. An establishment selling primarily ice cream, soda water, frozen yogurt and soft drinks. OTHER LICENSED FOOD SERVICE ESTABLISHMENT or OTHER LICENSED RETAIL FOOD STORE. An establishment licensed by the City of Evanston as a food service establishment or as a retail food store, under Title 8 of this Code, which is not a "bakery," an "ice cream store," a "restaurant type 1," or a "restaurant type 2," as defined in this Section. RESTAURANT TYPE 1. An establishment in which the principal use is the service of prepared food and beverages for consumption on the premises. All service of prepared food and beverages for consumption on the premises shall require customers to order at a table, booth or dining counter with service by a waiter or waitress at said table, booth or dining counter and also shall require the use of reusable (nondisposable) flatware and dishware. Drive- through facilities are prohibited. RESTAURANT An establishment in which the principal use is the 384 of 722 38-O-15 ~2~ TYPE 2. service of prepared food and/or beverages for consumption on and/or off the premises and that is not a "restaurant type 1" as defined in this Section. This definition shall not include establishments wherein incidental prepared food and beverage service is accessory to a bakery, food establishment, convenience store, food store establishment, meat market, or similar principal use nor shall it include cafeterias that are accessory to hospitals, colleges, universities, schools or other similar principal uses. SIDEWALK CAFE. A dining area located partially or wholly on a public sidewalk or parkway. 2. Permits. a. Type 1 Restaurants (Not Selling Alcoholic Liquor On The Sidewalk Cafe Premises), Bakeries, Or Ice Cream Stores More Than Two Hundred Feet From A Residentially Zoned District. Permits to rent sidewalk space for a sidewalk cafe shall only be granted to the licensed operator of restaurants, bakeries, or ice cream stores, as defined in Section 7-2-6(D)(1)Subsection (D)1 of this Section when these uses are more than two hundred feet (200') from a residentially zoned district. Sidewalk cafes are not permitted at restaurants, bakeries or ice cream stores, or other licensed food service establishments, or other licensed retail food stores located in a residential district. The City Council may authorize sidewalk cafes appurtenant to a type 2 restaurant, and appurtenant to any restaurant, bakery, ice cream store, or other licensed food service establishment, or other licensed retail food store which is within two hundred feet (200') of a residentially zoned district and is not itself within a residential district subject to the procedures, standards, and regulations contained within Section 7-2-6(D)(2)(b) and Section 7-2-6(D)(6)Subsections (D)2b and (D)6 of this Section. The two hundred feet (200') shall be measured from the lot line of the parcel devoted to said sidewalk cafe to the residential zoning district boundary, inclusive of right-of-way. b. Type 2 Restaurants, Other Licensed Food Service Establishments Or Other Licensed Retail Food Stores, And Any Licensed Food Service Establishment Or Licensed Retail Food Store Within Two Hundred Feet Of A Residentially Zoned District Or Type 1 Restaurant With An Alcoholic Liquor License Outside The Core Area And Desirous Of Selling Alcoholic Liquor On The Sidewalk Cafe Premises. Sidewalk cafe permits for type 2 restaurants, other licensed food service establishments or other licensed retail food stores, and any licensed food service establishment or licensed 385 of 722 38-O-15 ~3~ retail food store within two hundred feet (200') from a residentially zoned district, or type 1 restaurants with an alcoholic liquor license outside the "core area" as defined in Section 3-5-1 of this Code and desirous of selling alcoholic liquor on the sidewalk cafe premises as defined in Section 7-2-6(D)(1)Subsection (D)1 of this Section, also shall require the approval of the City Council. The Public Works Department site plan and appearance review committee shall review all applications for sidewalk cafes for type 2 restaurants, other licensed food service establishments or other licensed retail food stores, or type 1 restaurant with a liquor license outside of the "core area" desirous of selling alcoholic liquor on the sidewalk cafe premises and any licensed food service establishment or licensed retail food store within two hundred feet (200') of a residentially zoned district and report to the City Council upon each application with respect to the standards set forth below. The report is to include written findings of fact with respect to each standard and a recommendation as to whether the permit should be granted. Further, no less than ten (10) business days prior to review and consideration by the City Council, any type 2 restaurants, other licensed food service establishments or other licensed retail food stores, and any licensed food service establishment or licensed retail food store within two hundred feet (200') from a residentially zoned district, or type 1 restaurant with an alcoholic liquor license outside the "core area" desirous of selling alcoholic liquor on the sidewalk cafe premises must give notice of the review and consideration by the City Council by making a good faith effort to distribute flyers containing notice of the review and consideration by the City Council to all households, residents, and land users within two hundred fifty feet (250') of the subject property, and must post a sign notifying of same on the premises appurtenant to the sidewalk cafe. The posted notice and the flyered notice minimally shall contain the name and telephone number of the business for which the applicant is applying for the sidewalk cafe permit, the location of the subject property, the matter under consideration, and the date, time, and location of the review and consideration by the City Council and by the Administration and Public Works planning and development Ccommittee of the City Council. c. Enoteca. An enoteca requesting a sidewalk café permit requires approval by the Administration and Public Works Committee and the City Council. The process is as follows: i. The Public Works Department shall review a sidewalk café application submitted by an enoteca. ii. Public Works shall submit its recommendation to the Administration and Public Works Committee and City Council on each application with respect to the standards set forth in Section 7-2-6-(D)(6). The report must include written findings of fact with 386 of 722 38-O-15 ~4~ respect to each standard and a recommendation as to whether the permit should be granted. iii. Any enoteca seeking to sell wine on the sidewalk at the premises must provide written notice to all property owners within two hundred fifty feet (250’) and post notice of the same on the premises applying for the permit not less than ten (10) business days prior to review and consideration by the City Council. The notices shall contain the name and telephone number of the enoteca applying for the sidewalk cafe permit, the location of the subject property, the matter under consideration, and the date, time, and location of the review and consideration by the City Council and by the Administration and Public Works Committee of the City Council. iv. The City Council will approve or deny the sidewalk café permit request. d. Permit Required. No licensed operator of a restaurant, bakery, ice cream store, or other licensed food service establishment or other licensed retail food store shall erect, place or maintain in or upon any public sidewalk or parking contiguous or adjacent to said licensed restaurant, bakery, ice cream store, or other licensed food service establishment or other licensed retail food store, tables, benches or chairs for the purpose of serving to customers thereon, food and/or beverages for consumption at such sidewalk tables, benches or chairs unless a permit for the same shall have been first obtained from the City Manager or his/her designee in the instance of a type 1 restaurant, bakery or ice cream store, when the use is more than two hundred feet (200') from a residentially zoned district, or with approval of City Council in the instance of a type 2 restaurant, other licensed food service establishment or other licensed retail food store, or any licensed food service establishment or licensed retail food store within two hundred feet (200') of a residentially zoned district or type 1 restaurant with an alcoholic liquor license outside the "core area ”, or an enoteca desirous of selling alcoholic liquor on the sidewalk cafe premises. e.d. Term Of Permit. A licensed restaurant, bakery or ice cream store operator or other licensed food service establishment or other licensed retail food store operator or enoteca operator annually may apply for and obtain a sidewalk cafe permit. The sidewalk cafe permit shall be effective only for the period April 1 through November 1 of the calendar year for which the City has issued it. f.e. Exception; Renewal. If a sidewalk cafe permit has been was issued for the prior calendar year, the approval for a sidewalk cafe permit shall be obtained from the City Manager or his/her designee, provided, the sidewalk cafe permit previously issued has was not been revoked or suspended, and the sidewalk cafe has received no inspection citation(s) from property standards or the health 387 of 722 38-O-15 ~5~ department for said prior calendar year. The renewal application must satisfy the requirements set forth in Section 7-2- 6(D)(3)Subsection (D)3 of this Section. 3. Permit Application. At the time of making application for a permit, the applicant shall furnish the following information to the City Manager or his/her designee: a. Name and mailing address of the applicant and the proposed sidewalk cafe. b. A detailed drawing to scale of the proposed site indicating the following: the existing facade; the points of ingress and egress; and the proposed location of the tables, chairs, serving equipment, planters, awnings, lighting, delimiting ropes or chains and other facilities to be included in the cafe operation. The detailed scale drawing must indicate the location of the existing public improvements including the following: fire hydrants, parking meters, streetlights, traffic signals, street signs, bus shelters, trees, tree grates, planting boxes and/or planting areas, and any other public or private obstruction. A plat of survey ismay be required. c. A statement of use as type 1 or type 2 restaurant, ice cream store, bakery, or other licensed food service establishment or other licensed retail food store of the principal use or enoteca. d. A menu of the proposed service. Any restaurant which is prohibited by Section 7-2-6(D) this Subsection (D) from serving alcoholic beverages must provide evidence that the menu will so indicate. e. An indemnification and hold harmless statement in a form approved by the City. f. A certificate of insurance covering the period of the outdoor operations, including coverage of comprehensive general liability insurance and other appropriate coverage for these types of business activities in the amount of one million dollars ($1,000,000.00) per occurrence and five hundred thousand dollars ($500,000.00) per person. The City is to be named as an additional insured on the face of the certificate with an insurance company with a B+ rating or better. Any changes or cancellations shall require that the City be notified in writing at least thirty (30) days prior to the effective date of the change or cancellation. The certificate of insurance shall be subject to final approval by the City and the applicant shall make whatever amendments to said certificate if requested to do so by the City. g. A copy of a valid business license and liquor license (if applicable) issued by the City. h. An acknowledgment that the applicant has received, reviewed, and understood the regulations pertaining to sidewalk cafes. 388 of 722 38-O-15 ~6~ i. An annual permit fee in the amount of two hundred dollars ($200.00) plus one dollar ($1.00) per square foot of the public right- of-way to be occupied. In instances in which any licensed food service establishment or licensed retail food store has used the public right-of-way for a sidewalk cafe without the benefit of a permit issued by the City for such usage, the sidewalk cafe annual permit fee shall be increased by an additional two hundred dollars ($200.00) plus one dollar ($1.00) per square foot of the public right- of-way to be occupied. 4. Unobstructed Passage. At all times the operator of any licensed food service establishment or licensed retail food store shall: a. Maintain a clear distance of a minimum of six (6) unobstructed feet in width, measured from the sidewalk curb and from any public improvements within the right-of-way, including, but not limited to, parking meters, signs, and planters to the ropes or chains delimiting the sidewalk cafe area as indicated on the approved permit. b. Not interfere with the passage of pedestrians, vehicle flow, or access to buildings. c. Not place sidewalk tables, benches, or chairs in a location that interferes with the operation of fire hydrants, pedestrian crosswalks, intersections, bus stops, or taxi stands, or in a location that is harmful to trees or other plantings. d. Not utilize any of the required or nonrequired parking space area for sidewalk tables, benches, chairs, or other furniture and materials associated with the sidewalk cafe. 5. Rules And Regulations For All Sidewalk Cafes. a. (1) Licensed type 1 restaurants, possessing an alcoholic liquor license of any classification and located within the "core area" as defined in Section 3-5-1 of this Code, may sell alcoholic liquor on sidewalk cafe premises. Such sale of alcoholic liquor shall be for consumption on the premises only with the consumption of a meal. This provision must be clearly stated on sidewalk cafe menus. (2) Licensed restaurants, possessing an alcoholic liquor license of any classification, but located outside the "core area" as defined in Section 3-5-1 of this Code, unless otherwise permitted in Section 7-2-6(D)(5)(a)(3)Subsection (D)5a(3) of this Section, and all type 2 restaurants, are prohibited from serving alcoholic liquor on the sidewalk cafe premises or allowing any patron to consume or have in his or her possession, any alcoholic liquor on said cafe premises. Licensed restaurants outside the core area which serve 389 of 722 38-O-15 ~7~ alcoholic liquor in the principal establishment, unless otherwise permitted in Section 7-2-6(D)(5)(a)(3)Subsection (D)5a(3) of this Section, and type 2 restaurants which serve alcoholic liquor in the principal establishment shall clearly state on the menu for outdoor service that the sale and/or consumption of alcoholic liquor is prohibited. (3) Licensed type 1 restaurants, possessing an alcoholic beverage license of any classification, but located outside the "core area," may request a sidewalk cafe permit which allows the sale of alcoholic liquor on sidewalk cafe premises subject to the standards and procedures of Section 7-2- 6(D)(6)Subsection (D)6 of this Section and in compliance with all other applicable provisions of this Code. (4) An enoteca possessing a Class K liquor license may sell wine within the boundaries of the sidewalk cafe premises. b. At all times, including while being stored, prepared, displayed, served or transported to the table, food shall be protected from potential contamination by being covered and/or refrigerated if necessary. c. Reusable, nondisposable flatware, dishware and beverage containers, are required for use in association with all sidewalk cafes. No food or beverage, including water, shall be served in, on, or with single use paper, plastic, or polystyrene plastic dishes or utensils, nor shall any food or beverage be served to the customer wrapped or packaged in foil, paper, plastic, or polystyrene plastic. The prohibition on the use of single use dishes, utensils, beverage containers or foil, paper, plastic, or plastic wrapping or packaging may be waived by the City Council upon a showing of good cause. Such good cause includes, but is not limited to, provisions of table bus service, a litter control and disposal plan, or equivalents, sufficient to obviate any adverse off site effects of the grant of the waiver. d. When associated with type 1 restaurants, food or beverages consumed at sidewalk tables, benches, or chairs must be served by a waiter or waitress of the restaurant at said tables, benches, or chairs. When associated with type 2 restaurants, bakeries, ice cream stores or any other licensed food service establishment or other licensed retail food store, a sidewalk cafe shall provide bus service during all hours of operation. When associated with enotecas, food or beverages consumed at sidewalk tables, benches, or chairs must be served by a waiter or waitress of the enoteca at said tables, benches, or chairs. e. The operator of any licensed food service establishment or licensed retail food store or enoteca must maintain the exterior of the premises, including the sidewalk cafe area, in accordance with applicable regulations of the Evanston health department and 390 of 722 38-O-15 ~8~ public works department. This duty to maintain extends to the removal of all litter, regardless of its source. f. Sidewalk tables, benches, or chairs may not be attached by any means to the public sidewalk or any other public property. g. Sidewalk tables, benches, or chairs may be stored on the City sidewalk, in an area approved by the City, upon the payment of a two hundred dollar ($200.00) fee. h. A sidewalk cafe shall not be open for business when the interior aspect of the business is not open for business. i. The outdoor seating area shall be accessible to the disabled, and the licensee shall at all times comply with all applicable federal, state, and City laws, ordinances, and regulations concerning accessibility and nondiscrimination in the providing of services. j. No animals, except those assisting the disabled, shall be allowed in the outdoor restaurant seating area. k. Except for an enoteca business, alcoholAlcohol will only be served at sidewalk cafes in conjunction with a full meal. The sidewalk cafe shall not function as a "bar," as that term is defined in Section 3-5- 1, the City's liquor control regulations, of this Code. l. Alcohol will not be served at sidewalk cafes after nine thirty o'clock (9:30) P.M. on weekdays and after ten thirty o'clock (10:30) P.M. on weekends. m. Any violation of the City's liquor control regulations at the sidewalk cafe premises may result in the revocation of the liquor license for the entire licensed premises in accordance with the provisions of Title 3, Chapter 5 of this Code. n. Revocation or suspension of a sidewalk cafe permit by the City Manager or his/her designee pursuant to Section 7-2- 6(D)(7)Subsection (D)7 of this Section prohibits service of alcoholic liquor on the sidewalk cafe premises for the duration of the revocation or suspension. 6. Standards And Procedures For Approval Of A Permit For A Sidewalk Cafe For A Type 2 Restaurant, Other Licensed Food Service Establishment, Other Licensed Retail Food Store, Type 1 Restaurant Within Two Hundred Feet Of A Residentially Zoned District, Or A Type 1 Restaurant With An Alcoholic Liquor License Outside The Core Area And Desirous Of Selling Alcoholic Liquor On The Sidewalk Cafe Premises Or an Enoteca. The Public Works Departmentsite plan and appearance review committee will review all applications for sidewalk cafes for type 2 restaurants, or other licensed food service establishments or other licensed retail food stores, or any licensed food service establishment or licensed retail food store which is within two hundred feet (200') of a residentially zoned district, or type 1 restaurant with a liquor license outside of the "core area" and desirous of selling alcoholic liquor or an enoteca that wants to sell wine on the sidewalk cafe premises and will report to the City Council upon each 391 of 722 38-O-15 ~9~ application with respect to the standards set forth below. The City Council after receiving the report of the Public Works Departmentsite plan and appearance review committee, may refer the application back to that the Public Works Departmentbody for additional review, or, by motion, may approve, approve with conditions, or disapprove, an application for a permit for a type 2 restaurant, or other licensed food service establishment or other licensed retail food store, or any licensed food service establishment or licensed retail food store which is within two hundred feet (200') of a residentially zoned district, or type 1 restaurant with a liquor license outside of the "core area" and desirous of selling alcoholic liquor or an enoteca that wants to sell wine on the sidewalk cafe premises, upon findings of fact with respect to each of the standards set forth below: a. The proposed sidewalk cafe will not cause a negative cumulative effect when its effect is considered in conjunction with the cumulative effect of other sidewalk cafes in the immediate neighborhood. b. The proposed sidewalk cafe will not cause undue pedestrian or vehicular traffic congestion. c. The sidewalk cafe will not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties. d. The proposed sidewalk cafe will comply with all the rules and regulations contained herein, except that the City Council may modify, or waive the requirements in Section 7-2- 6(D)(5)(c)Subsection (D)5c of this Section. Sidewalk cafes serving alcoholic liquor must comply with the City's liquor control regulations. e. For sidewalk cafes licensed in the previous year, any failure to comply with the provisions of Section 7-2-6(D)this Subsection (D) or with the City's liquor control regulations during that year are not likely to have an adverse effect upon the public health, welfare, or safety in the year for which permission is sought to serve alcoholic liquor at the sidewalk cafe. f. The proposed sidewalk cafe is not likely to have an adverse effect upon the public health, welfare, or safety. g. For type 1 restaurants outside the core area not located within one block of a parking lot with spaces available during hours of operation of the sidewalk cafe in numbers to accommodate one vehicle for each table in the sidewalk cafe, the applicant seeking permission to sell alcoholic beverages at a sidewalk cafe must provide and maintain valet parking service utilizing a dedicated off street parking facility. Each such restaurant must actively encourage its customers to park in the garage, not on the stree t. h. All permitted sidewalk café staff serving alcohol to sidewalk café patrons shall acknowledge and abide by all City and State BASSET requirements. 392 of 722 38-O-15 ~10~ Notwithstanding an affirmative finding on any or all of the standards in Section 7-2-6(D)(6) this Subsection (D)6, the City Council may deny a permit for a sidewalk cafe for a type 2 restaurant, or other licensed food service establishment or other licensed retail food store, or any licensed food service establishment or licensed retail food store which is within two hundred feet (200') of a residentially zoned district, or may deny permission to sell alcoholic beverages on the sidewalk cafe premises of a type 1 restaurant with an alcoholic liquor license outside of the "core area" or an enoteca upon a finding that such denial is in the public interest. 7. Revocation And Suspension. The City Manager or his/her designee may revoke or suspend a permit for any sidewalk cafe at any time upon a determination that the requirements applicable thereto are not met. Unless the public health, welfare, or safety requires more immediate action, revocation and suspension are effective forty eight (48) hours after written notice is delivered to the restaurant, bakery, ice cream store or other licensed food service establishment or other licensed retail food store. No hearing is provided. A licensed restaurant, bakery, ice cream store or other licensed food establishment or other licensed retail food store operator whose sidewalk cafe permit is revoked is not eligible to reapply for a permit during the calendar year of revocation. The City Manager or his/her designee may impose conditions on reinstatement of a suspended permit or upon the grant of a permit to a licensed food service establishment, or retail food store operator, or enoteca whose sidewalk cafe permit has been revoked within the previous two (2) calendar years. 8. Legal Effect. In the event of a conflict between the regulations in the zoning ordinance [1] and the regulations contained herein, the regulations in this Chapter shall be controlling with respect to sidewalk cafes. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: 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. 393 of 722 38-O-15 ~11~ 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: 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 394 of 722 For City Council meeting of April 13, 2015 Item A19 Ordinance 24-O-15: Medical Cannabis Privilege Tax For Action 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. This ordinance was introduced at the March 23, 2015 City Council meeting. 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 395 of 722 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 2 396 of 722 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 397 of 722 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 398 of 722 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. 399 of 722 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. 400 of 722 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 401 of 722 24-O-15 6 Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 402 of 722 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 403 of 722 For City Council meeting of April 13, 2015 Item A20 Ordinance 29-O-15: Negotiate the Sale of 1821 Ridge Avenue For Action 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. This ordinance was introduced at the March 23, 2015 City Council meeting. 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 Memorandum 404 of 722 newspaper in general circulation in the City. The public notice must be published not 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 405 of 722 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 406 of 722 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 407 of 722 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 408 of 722 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 AM409 of 722 PLANNING & DEVELOPMENT COMMITTEE MEETING Monday, April 13, 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 23, 2015 III. ITEMS FOR CONSIDERATION (P1) Ordinance 43-O-15 Planned Development, 1620 Central Street The Plan Commission and staff recommend adoption of Ordinance 43-O-15 for Special Use approval of a Planned Development at 1620 Central Street. The four- story (45-foot high) multiple-family residential building includes 47 dwelling units and 54 parking spaces on site. For Introduction IV. ITEMs FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT 410 of 722 Planning & Development Committee Meeting Minutes of March 23, 2015 Immediately following Administrative & Public Works Meeting Council Chambers - Lorraine H. Morton Civic Center MEMBERS PRESENT: J. Fiske, J. Grover, D. Holmes, A. Rainey, M. Tendam, D. Wilson, M. Wynne STAFF PRESENT: M. Masoncup, M. Muenzer, B. Newman PRESIDING OFFICIAL: Ald. Fiske I. DECLARATION OF QUORUM A quorum being present, Chair Fiske called the meeting to order at 7:22 p.m. II. APPROVAL OF REGULAR MEETING MINUTES OF MARCH 9, 2015 Ald. Holmes moved to approve the minutes of the March 9, 2015 meeting, seconded by Ald. Wilson. The Committee voted unanimously 5-0 to approve the March 9, 2015 minutes. (Aldermen Tendam and Grover had not arrived.) 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 Ald. Grover arrived. Ald. Wynne moved to introduce Ordinance 36-O-15, seconded by Ald. Wilson. The Committee voted unanimously, 6-0 to introduce Ordinance 36-O-15. (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 Ald. Rainey moved to introduce Ordinance 37-O-15, seconded by Ald. Wilson. DRAFT – NOT APPROVED 411 of 722 Planning & Development Committee Meeting Page 2 of 3 Minutes of March 23, 2015 Chair Fiske asked Scott Norrich, CEO of Epic Burger, whether the exhaust issues had been resolved, to which he answered that they hired a mechanical engineer and worked with the building engineer and they resolved the issue. The exhaust pipe will go through the stairwell and the exhaust will be directed away from the building. Ald. Tendam arrived. At Ald. Rainey’s inquiry, Mr. Norrich said the burgers are as healthy as a burger can be, made with no chemicals and meat with no hormones. Ald. Grover arrived at the meeting and asked how the business will thrive with so many burger places in Evanston, to which Mr. Norrich replied that they have done market studies and watched Evanston for 20 years. The Committee voted unanimously 7-0 to introduce Ordinance 37-O-15. (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 Ald. Tendam moved to introduce Ordinance 22-O-15, seconded by Ald. Rainey. Mark Muenzer, Director of Community Development, explained that for people who want fences on corner lots, the current setback had been making their rear yards unusable. Consequently, all of their requests for variances have been approved. Staff recommends a 2’ set back to allow for backyards to be usable for corner lots. Mr. Muenzer explained regarding invisible fences, that they currently don’t require a permit and people are putting them right on their property lines, which does not allow for safety for pedestrians and other dogs on the right of way. Staff proposes a 6’ setback on the public way and no setback for side yards, since neighbors would know a dog lives there. Ald. Tendam noted that some incidents have happened in the 6th ward. Chair Fiske asked whether there is signage notifying passersby of an invisible fence. The Committee discussed the effect of the shock system used by invisible fences, on the dogs. At Ald. Grover’s inquiry of how many people have requested 6’ high fences, Mr. Muenzer said there were several. Ald. Grover said she would like to see fewer high fences. The Committee voted unanimously 7-0 to introduce Ordinance 22-O-15. 412 of 722 Planning & Development Committee Meeting Page 3 of 3 Minutes of 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 or 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 Mr. Muenzer explained that the Main St. and Dempster St. Business Associations had discussed the problem that offices, professional services and financial institutions do not promote retail shopping. Staff proposes permitting them on the second floor and on the first floor by special use, with the first floor to be used for retail. Ald. Rainey said this is an excellent solution as there are more and more non- pedestrian uses. The Committee voted unanimously 7-0 to introduce Ordinances 20-O-15 and 25-O-15. IV. ITEMS FOR DISCUSSION There were no items for discussion. V. COMMUNICATIONS There were no communications. VI. ADJOURNMENT Ald. Grover moved to adjourn, seconded by Ald. Tendam. The Committee voted unanimously 7-0 to adjourn. The meeting was adjourned at 7:40 p.m. Respectfully submitted, Bobbie Newman 413 of 722 For City Council meeting of April 13, 2015 Item P1 Ordinance 43-O-15: Planned Development 1620 Central Street For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Department Damir Latinovic, Interim Planning and Zoning Administrator Subject: Ordinance 43-O-15 Planned Development, 1620 Central Street, 15PLND-0011 Date: April 2, 2015 Recommended Action: The Plan Commission and staff recommend adoption of Ordinance 43-O-15 for Special Use approval of a Planned Development at 1620 Central Street. The four-story (45-foot high) multiple-family residential building includes 47 dwelling units and 54 parking spaces on site. The development includes four site development allowances: 1) the number of parking spaces, 2) the required stepback for the third and fourth floors from Central Street, 3) a landscape buffer for the loading dock in rear, and 4) the building height over the transitional height plane requirement along the south property line. Summary The applicant is requesting approval of a Planned Development to construct a four-story (45-foot high) multiple-family residential building with 47 units (11 one-bedroom units, 28 two-bedroom units and 8 three-bedroom units) and 54 underground parking spaces on site. A vacant two-story (43-foot high) office building and a 36-space open parking lot currently exist on the 31,994-square foot lot. The proposed L-shaped building includes one level of underground parking with access from the 20-foot alley in rear. A loading berth parallel to the alley and a trash enclosure are also located in rear. The main building entrance is located along Central Street. The site surrounding the building would be landscaped greenspace including the green roof on the underground parking garage. The applicant is proposing to dedicate a 15-foot wide access easement (ten of that paved by the applicant) to the property owners of single-family residences to the east. The easement would enable vehicular access to the rear of the single family residences. Memorandum 414 of 722 1620 Central Street Proposed Planned Development Compliance with the Zoning Ordinance The property is zoned O1-Office and is part of the oCSC Central Street Overlay District. The proposed multiple-family residential building with ground floor dwelling units is allowed as a Special Use. The applicant requests approval for a total of four site development allowances: Site Development Allowances Permitted/Required Proposed # of parking spaces 72 54 3rd and 4th floor step-back for minimum 65% building width 20 ft. from sidewalk (34 ft. from curb) 3rd Fl.:12.5 ft. from sidewalk (24.5 ft. from curb) 4th Fl: 17.5 ft. from sidewalk (29.5 ft. from curb) Maximum height per the transition plane height requirement at the proposed building setback along south property line (10.1 ft.) 35 ft. 45 ft. Landscape screening for the loading dock Required Not proposed The proposal will meet all other bulk requirements of the Zoning Ordinance. 415 of 722 Parking and Traffic Based on the number and type of dwelling units proposed, the development is required to provide 72 parking spaces. The petitioner is proposing a total of 54 parking spaces including three accessible spaces. According to the 2009 Census data, 59% of residents within ½ mile of the Central Street Metra Station travel to work by car. Per the traffic study it is anticipated that the driving behavior of future residents will likely match the current Census data. The study also includes parking occupancy statistics of similar developments recently approved in Evanston. The proposed parking supply of 1.15 spaces per unit exceeds the parking occupancy counts observed at other developments (The Reserve at 1930 Ridge Avenue, Optima Horizons at 800 Elgin Road, Optima Views at 1720 Maple Avenue and Optima Towers at 1580 Sherman Avenue) which range from 0.9 to 1.05 vehicles per unit. The majority of surrounding streets have on-street parking restrictions or require residential parking permits. If the project is approved, the residents of the proposed building would not be eligible for residential on-street parking permits in the area. The St. Athanasius school drop-off and pick-up circulation pattern occurs in the parking lot south of the site. The school starting time is 8:35 am and school dismissal time is 3:25 pm (2:35 pm on Wednesdays). The study found that peak amount of traffic associated with the school, which occurs 15 minutes before the school starts and 15 minutes after school is dismissed, will only marginally overlap with the projected morning peak hour traffic associated with the development. Public Benefits The proposed development will replace a vacant building and generate new property tax to the community. The building design meets the design guidelines for planned developments and will enhance the pedestrian scale of development along Central Street. Additionally the development will provide the following Public Benefits: 1. Provide two on-site affordable housing 1-BR units at or below 100% of Area Median Income. The units provided will be equal in size to the market-rate units within the building. 2. Preservation of the elm tree in the southeast corner of the property. 3. Granting of the 15-foot wide access easement (10 ft. paved) along the east property line for the benefit of four single family homes along Ashland Avenue (2522, 2524, 2526 and 2530 Ashland Avenue). 4. Provide one Divvy bike share membership for every unit in the building for three years. 5. Provide one free public transit pass (either CTA or Metra based on tenant’s choosing) for every unit in the building for one year to support mass transit ridership. 6. Streetscape improvements along Central Street. 7. Replacement of the existing wood fence along the west property line which belongs to the townhome association adjacent to the west. 416 of 722 8. Installation of two free on-site electric charging stations. 9. Arrangement for two new car-sharing spaces along Central Street near the site. 10. Burying of overhead utility lines in the alley adjacent to the property, if possible. 11. Installation of a green roof on a portion of the underground parking garage and minimum LEED Silver certification. Standards of Approval The proposed Planned Development meets the standards and guidelines for approval outlined in Sections 6-3-5-10, 6-3-6-9 and 6-15-1-9 of the Municipal Code. The four proposed site development allowances are necessary for a desirable redevelopment of the site with significant public benefits. The proposal is not of such nature in height, bulk and scale to exercise any influence contrary to the purpose and intent of the Zoning Ordinance. The proposed development will not diminish the value of the properties in the neighborhood. The proposed four-story building is similar to other multiple-family residential buildings along Central Street. Additionally, the proposed access easement for single family homes adjacent to the east will likely significantly increase the values of those properties by enabling construction of detached garages. The proposal will not cause undue traffic congestion or a negative cumulative effect in the area. The proposed transit-oriented development includes a 1.15 parking to unit ratio which exceeds the parking ratio of Central Station apartment complex to the west (1.0) and maximum parking occupancy observed at similar developments in Evanston. The applicant will further encourage reduced car ownership rates and use of transit by providing the tenants with credit for transit passes and Divvy bike-share membership. Legislative History March 11, 2015 – The Plan Commission unanimously recommended approval of the proposed Planned Development with conditions outlined in the staff report memo dated March 5, 2015. February 11, 2015 –The Design and Project Review Committee (DAPR) unanimously recommended approval of the project. Attachments Proposed Ordinance 43-O-15 Revised Plans received after Plan Commission hearing Plan Commission Meeting Minutes 03/11/2015 - DRAFT Link to Plan Commission Packet for 03/11/2015 http://www.cityofevanston.org/assets/03.11.15%20PC%20Packet.pdf 417 of 722 3/30/2015 4/9/2015 43-O-15 AN ORDINANCE Granting a Special Use Permit for a Planned Development Located at 1620 Central Street in the O1 Office District and oCSC Central Street Corridor 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, 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 418 of 722 43-O-15 ~2~ WHEREAS, John Myefski (“Applicant”), the Applicant for the proposed development located at 1620 Central Street, Evanston, Illinois (the “Subject Property”), legally described in Exhibit A, which is attached hereto and incorporated herein by reference, applied, pursuant to the provisions of the Zoning Ordinance, specifically Section 6-3-5, “Special Uses”, Section 6-3-6, “Planned Developments”, and Subsection 6-15-2-3, “Special Uses” in Office Districts, to permit the construction and operation of a Planned Development located at the Subject Property in the O1 Office District (“O1 District”) and oCSC Central Street Corridor Overlay District (“oCSC District”); and WHEREAS, the Applicant sought approval to construct a new four (4) - story forty five (45) foot tall multiple family residential building with ground floor dwelling units consisting of up to forty seven (47) residential units, fifty four (54) underground parking spaces, and a floor area ration (“FAR”) of 1.93; 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 parking spaces, the required step-back for the third and fourth floors from Central Street, the building height over the transitional height plane requirement along the south property line, and a landscape buffer for the loading dock in the rear; and WHEREAS, pursuant to Subsection 6-3-6-5 of the Zoning Ordinance, the City Council may grant Site Development Allowances from the normal district regulations established in the Zoning Ordinance; and WHEREAS, on March 11, 2015, in compliance with the provisions of the Illinois Open Meetings Act (5 ILCS 120/1 et seq.) and the Zoning Ordinance, the Plan 419 of 722 43-O-15 ~3~ Commission held a public hearing on the application for a Special Use Permit for a Planned Development, case no. 15PLND-0011, 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, for all Planned Developments in Subsection 6-3-6-9 of the Zoning Ordinance, and Planned Developments in the O1 Office District and the oCSC Central Street Corridor Overlay District per Subsection 6-15-1-9 of the Zoning Ordinance; and WHEREAS, on March 11, 2015, the Plan Commission recommended the City Council approve the application with conditions; and WHEREAS, on April 13, 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 April 13, 2015 and April 27, 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 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 420 of 722 43-O-15 ~4~ 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. 15PLND- 0011, to allow construction and operation of the Planned Development for a four (4) - story forty five (45) foot tall multiple family residential building with ground floor dwelling units consisting of up to forty seven (47) residential units, fifty four (54) underground parking spaces, and a floor area ration (“FAR”) of 1.93. SECTION 3: The City Council hereby grants the following Site Development Allowances: (A) Number of Parking Spaces: A Site Development Allowance is hereby granted for a total of fifty four (54) on-site underground parking spaces, whereas Subsection 6-16-3-5 of the Zoning Ordinance requires a minimum of seventy two (72) parking spaces for the proposed Planned Development in the O1 District. (B) Stepbacks for the Third and Fourth Floors from Central Street: A Site Development Allowance is hereby granted for a third floor twelve and a half (12.5) foot stepback from the sidewalk, a fourth floor seventeen and a half (17.5) foot stepback from the sidewalk, whereas Subsection 6-15-14-8-C of the Zoning Ordinance requires a stepback of ten percent (10%) of the lot depth, which is twenty and four tenths (20.4) feet, for sixty five percent (65%) of third or fourth floors for buildings with facades of at least forty five (45) feet in width. (C) Building Height Over the Transitional Height Plane Requirement Along the South Property Line: A Site Development Allowance is hereby granted for a forty five (45) foot maximum height at the proposed ten (10) foot building setback along the southern (rear) property line, whereas Subsection 6-15-14-8-B of the 421 of 722 43-O-15 ~5~ Zoning Ordinance allows for a maximum building height of thirty five (35) feet at the required ten (10) foot rear setback in the oCSC District. (D) Landscape Buffer for the Loading Dock in the Rear: A Site Development Allowance is hereby granted for not completely screening and/or landscaping the loading dock, whereas subsection 6-16-4-1 of the Zoning Ordinance requires that the loading dock be completely screened and/or landscaped. SECTION 4: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council imposes the following conditions on the Special Use Permit granted hereby, which may be amended by future ordinance(s), and violation of any of which shall constitute grounds for penalties or revocation of said Special Use Permit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: (A) Compliance with Applicable Requirements: The Applicant shall develop and operate the Planned Development authorized by the terms of this ordinance in substantial compliance with the following: the terms of this ordinance; the Site and Landscape Plans in Exhibit B and C, attached hereto and incorporated herein by reference; all applicable City Code requirements; the Applicant’s testimony and representations to the Design and Project Review Committee, the Plan Commission, the P&D Committee, and the City Council; and the approved documents on file in this case. (B) Construction Management Plan: The Applicant shall sign and agree to a Construction Management Plan (CMP) with the City of Evanston prior to issuance of the Building Permit. The CMP shall include but is not limited to the following: construction 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, 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) Overhead Utility Lines: If possible, and in coordination with utility companies, the Applicant agrees to bury all overhead utility lines in the alley adjacent to the Subject Property. (D) Elm Tree Preservation: The Applicant agrees to preserve the elm tree located in the southeast corner of the Subject Property. (E) Easement: The Applicant agrees to prepare and record an access easement for a fifteen-foot wide area along the east property line for the benefit of the 422 of 722 43-O-15 ~6~ residential properties along Ashland Avenue (2522 Ashland Avenue, 2524 Ashland Avenue, 2526 Ashland Avenue, and 2530 Ashland Avenue) and to pave a ten foot wide portion of the access aforementioned access easement to allow access to those properties. A copy of the recorded easement document must be submitted prior to issuance of a building permit by the City of Evanston. (F) Bike Share Membership: The Applicant shall provide one (1) Divvy bike share membership for every unit in the building for three (3) years. (G) Transit Passes: The Applicant shall provide one (1) free transit pass for each unit, based on each unit lessee’s preference of either CTA or Metra for one (1) year to support transit ridership. (H) Streetscape Improvements: The Applicant shall construct the streetscape improvements along Central Street per proposed development plans and landscape plans in Exhibit B and Exhibit C. (I) Neighborhood Improvements: The Applicant shall replace the existing wood fence along the west property line belonging to the townhome association adjacent to the west. (J) On-Site Electric Charging Station: Two on-site electric charging stations must be installed and be free of charge. (K) Car Share Spaces: Two car share spaces along Central Street near the Subject Property must be arranged and provided through an arrangement with a common third party commercial car-share company prior to the issuance of the final Certificate of Occupancy. (L) Green Roof Construction: The Applicant shall construct a green roof on a portion of the underground parking garage as depicted in the development plans in Exhibit B and landscape plans in Exhibit C. (M) Exterior Lighting: No exterior lighting, except to meet fire and life safety code requirements, shall be installed along the west and east sides of the building. (N) Underground Parking Garage Traffic Circulation: The traffic circulation within the underground parking garage shall be one-way with at least one traffic mirror installed at the bottom and at least one traffic mirror installed at the top of the parking garage access ramp. (O) Residential On-Street Parking Permits: Residents of the building shall not be eligible to obtain residential on-street parking permits in the area. (P) 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. 423 of 722 43-O-15 ~7~ (Q) Affordable Housing: The Applicant shall provide two on-site affordable housing one-bedroom units to households earning at or below one hundred percent (100%) of Area Median Income. The units provided shall be equal in size to the market-rate units within the building. The Applicant must submit a compliance report by January 31st of each year to the Housing Division of the Community Development Department showing the following: (1) unit number; (2) number of bedrooms; (3) tenant name; (4) number of persons in each affordable household unit; (5) annual gross income of each affordable housing unit; (6) date of income certification; and (7) monthly unit rent. The compliance report must also include the list of any utilities included in rent. (R) Changes in Property Use: This ordinance hereby grants approval for a multiple family residential building with ground floor dwelling units. Any change as to the property’s use in the future must be processed and approved as an amendment to the Planned Development. (S) 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. 424 of 722 43-O-15 ~8~ 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 425 of 722 43-O-15 ~9~ EXHIBIT A Legal Description LOT 2 IN OWNER’S RESUBDIVISION OF LOT 1 IN THE SUBDIVISION OF LOTS 7 AND 8 IN BLOCK 8 IN NORTH EVANSTON, TOGETHER WITH LOTS 2 THROUGH 6, INCLUSIVE, IN BLOCK 8 IN NORTH EVANSTON, A SUBDIVISION OF THE SOUTH PART OF OUILMETTE RESERVATION AND THE NORTH PART OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PINs: 10-12-203-028-0000 COMMONLY KNOWN AS: 1620 Central Street, Evanston, IL 60201 426 of 722 43-O-15 ~10~ EXHIBIT B Development Plans 427 of 722 0 15’ 30’ 60’ 1” = 30’-0” PLANNED DEVELOPMENT APPLICATION CENTRAL STREET 20' PUBLIC ALLEY EXISTING TOWHOMES EXISTING TOWNHOMES 10' - 11"108' - 4"33' - 11" 153' - 2" EXISTING SCHOOLLEVEL 1-312' - 6"EXISTING TOWNHOMES LEVEL 1-3 BLDG FACE 32' - 6" 163' - 8" LEVEL 1-3 BLDG FACE 53' - 8" LINE OF EXISTING BUILDING BLDG HEIGHT = 43.10' 5' - 8" BLDG FACE 16' - 4" BALCONY EDGE 16' - 4" LINE OF EXISTING GARAGE PROPOSED 4-STORY BUILDING 15' ACCESS EASEMENT FOR SINGLE FAMILY HOMEOWNERS PARKING ACCESS RAMP LEVEL 4 BLDG FACE 58' - 8" LEVEL 4 BLDG FACE 37' - 6" 10' - 0" 15' - 0" LINE OF BASEMENT PARKING STRUCTURE BLDG. FACE 21' - 4"LEVEL 417' - 6"LOADING DOCK 10' - 0"EXISTING SINGLE FAMILY HOME EXISTING SINGLE FAMILY HOME EXISTING SINGLE FAMILY HOME EXISTING SINGLE FAMILY HOME EXISTING GARAGE ©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL DEVELOPMENT PLAN PROPOSED DEVELOPMENT SUMMARY ZONING DISTRICT OVERLAY DISTRICT LOT AREA FLOOR AREA FAR USE DWELLING UNITS BASEMENT PARKING SPACES *Per Evanston City Code, Title 6 Zoning, Chapter 18 Definitions, Any space devoted to required off-street parking or loading for the building shall not be included in “floor area.” The following areas shall be excluded from calculations for “floor area”: elevator shafts, stairwells, space used solely for heating, cooling, mechanical, electrical and mechanical penthouses, refuse rooms and uses accessory to the building. 01 oCSC 31,994 SF 61,269 SF 1.92 MULTI-FAMILY DWELLING 47 UNITS 54 SPACES 428 of 722 0 15’ 30’ 60’ 1” = 30’-0” PLANNED DEVELOPMENT APPLICATION 54 BASEMENT PARKING SPACES RAMP UP 123456 A B C D E F G H MEP 18' - 0"24' - 0"36' - 0"24' - 0"18' - 0" PROPERTY LINE 8' - 6"18' - 0" 20' - 0"4' - 0"24' - 0"18' - 6"24' - 0"18' - 0"9' - 0"8' - 0"18' - 0" TRASH RM ELEV. LOBBY MEP 8' - 0"8' - 0"10' - 1"177' - 10"12' - 6"2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 3334353738414039 42 43 44 45 46 47 48 49 50 51 52 53 54 10' - 8"132' - 6"10' - 0" 10'-11".132' - 6"20' - 2"10' - 0"177' - 10"12' - 6"BIKE STORAGE 32 SPACES LINE OF BLDG ABOVE 36 1 9 GARAGE DOOR 2 ELECTRIC VEHICLE CHARGING STATIONS TRAFFIC MIRROR ©2015MYEFSKIARCHITECTS,INC 1" = 30'-0" 01/29/2015 BASEMENT1620 CENTRAL EVANSTON, ILREAL CAPITAL SOLUTIONS 0 15' 30'60'©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL BASEMENT LEVEL BASEMENT STATISTICS PARKING ELEVATORS/STAIRS LOBBY BIKE STORAGE MEP TRASH ROOM TOTAL GROSS SF (PARKING) (ELEVATORS/STAIRS) (MEP) (TRASH ROOM) GROSS FAR SF 19,862 SF 258 SF 124 SF 379 SF 610 SF 85 SF 21,318 SF - 19,862 SF -258 SF -610 SF -85 SF 503 SF 429 of 722 0 15’ 30’ 60’ 1” = 30’-0” PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL LEVEL 1 LEVEL 1 STATISTICS DWELLING UNITS ELEVATORS/STAIRS CORRIDORS LOBBY MAIL ROOM MEP TRASH ROOM BALCONIES TOTAL GROSS SF (ELEVATORS/STAIRS) (MEP) (TRASH ROOM) GROSS FAR SF 12,544 SF 593 SF 1289 SF 676 SF 84 SF 116 SF 67 SF 734 SF 16,103 SF - 593 SF -116 SF -67 SF 15,327 SF TOTAL BUILDING AREA DWELLING UNITS ELEVATORS/STAIRS CORRIDORS PARKING/LOADING LOBBY/MAIL RM MAINT./STORAGE MEP/TRASH RM BIKE STORAGE BALCONIES TOTAL GROSS SF (ELEVATORS/STAIRS) (PARKING) (MEP/TRASH RM) GROSS FAR SF 51,995 SF 2,321 SF 5,085 SF 21,908 SF 760 SF 114 SF 1319 SF 379 SF 2936 SF 86,817 SF - 2,321 SF - 21,908 SF -1319 SF 61,269 SF 430 of 722 0 15’ 30’ 60’ 1” = 30’-0” PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL LEVELS 2-3 LEVELS 2+3 STATISTICS DWELLING UNITS ELEVATORS/STAIRS CORRIDORS STORAGE MEP TRASH ROOM BALCONIES TOTAL GROSS SF (ELEVATORS/STAIRS) (MEP) (TRASH ROOM) GROSS FAR SF 13,471 SF 490 SF 1224 SF 39 SF 79 SF 68 SF 734 SF 16,105 SF - 490 SF -79 SF -68 SF 15,468 SF 431 of 722 0 15’ 30’ 60’ 1” = 30’-0” PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL LEVEL 4 LEVELS 4 STATISTICS DWELLING UNITS ELEVATORS/STAIRS CORRIDORS STORAGE MEP TRASH ROOM BALCONIES TOTAL GROSS SF (ELEVATORS/STAIRS) (MEP) (TRASH ROOM) GROSS FAR SF 12,509 SF 490 SF 1224 SF 38 SF 78 SF 68 SF 734 SF 15,141 SF - 490 SF -78 SF -68 SF 14,505 SF 432 of 722 PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL VIEW FROM CENTRAL STREET 433 of 722 PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL VIEW FROM CENTRAL STREET 434 of 722 PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL VIEW FROM REAR ALLEY 435 of 722 0 8’ 16’ 32’ 1/16” = 1’-0” PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL NORTH ELEVATION ARCHITECTURAL ALUMINUM CLADDING FACE BRICK CLADDING ARCHITECTURAL ALUMINUM CLADDING LOW-E WINDOWS PAINTED METAL RAILING ELEVATOR OVERRUN +54’-9” 3' - 0" LEVEL 01 13' - 6" LEVEL 02 24' - 0" LEVEL 03 34' - 6" LEVEL 04 45' - 0" T/ROOF STRUCTURE 0' - 0" GROUND LEVEL 3' - 0"10' - 6"10' - 6"10' - 6"10' - 6"436 of 722 0 8’ 16’ 32’ 1/16” = 1’-0” PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL EAST ELEVATION ARCHITECTURAL ALUMINUM CLADDING FACE BRICK CLADDING ARCHITECTURAL ALUMINUM CLADDING PAINTED METAL RAILING LOW-E WIDNOWS ELEVATOR OVERRUN +54’-9” 3' - 0" LEVEL 01 13' - 6" LEVEL 02 24' - 0" LEVEL 03 34' - 6" LEVEL 04 45' - 0" T/ROOF STRUCTURE 0' - 0" GROUND LEVEL 3' - 0"10' - 6"10' - 6"10' - 6"10' - 6"437 of 722 0 8’ 16’ 32’ 1/16” = 1’-0” PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL SOUTH ELEVATION ARCHITECTURAL ALUMINUM CLADDING FACE BRICK CLADDING ARCHITECTURAL ALUMINUM CLADDING LOW-E WINDOWS PAINTED METAL RAILING ELEVATOR OVERRUN +54’-9” 3' - 0" LEVEL 01 13' - 6" LEVEL 02 24' - 0" LEVEL 03 34' - 6" LEVEL 04 45' - 0" T/ROOF STRUCTURE 0' - 0" GROUND LEVEL 3' - 0"10' - 6"10' - 6"10' - 6"10' - 6"438 of 722 0 8’ 16’ 32’ 1/16” = 1’-0” PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL WEST ELEVATION ARCHITECTURAL ALUMINUM CLADDING FACE BRICK CLADDING ARCHITECTURAL ALUMINUM CLADDING LOW-E WINDOWS PAINTED METAL RAILINGELEVATOR OVERRUN +54’-9” 3' - 0" LEVEL 01 13' - 6" LEVEL 02 24' - 0" LEVEL 03 34' - 6" LEVEL 04 45' - 0" T/ROOF STRUCTURE 0' - 0" GROUND LEVEL 3' - 0"10' - 6"10' - 6"10' - 6"10' - 6"439 of 722 PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL PROJECT MATERIALS 1 3 4 5 2FACE BRICK CLEAR LOW-E VISION GLASS SILVER ARCHITECTURAL ALUMINUM CLADDING SLATE GREY ARCHITECTURAL ALUMINUM CLADDING/RAILINGS CHARCOAL ALUMINUM STOREFRONT FRAME 440 of 722 PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL CENTRAL STREET SECTION CENTRAL STREET NORTHWESTERN PARKING LOT NORTHWESTERN RYAN FIELD BEYOND 441 of 722 PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL TRANSITIONAL HEIGHT PLANE ANALYSIS 442 of 722 PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL TRANSITIONAL HEIGHT PLANE ANALYSIS 443 of 722 0 4’ 8’ 16’ 1/8” = 1’-0” PLANNED DEVELOPMENT APPLICATION LIVING RM DINING RM BEDROOM BEDROOM W.I.C. BATH BATH KITCHEN W.I.C. LAUNDRY BALCONY 11' - 3"14' - 10"11' - 5"19' - 0"7' - 7"6' - 6"13' - 6"16' - 5"5' - 0"16' - 8"4' - 6"5' - 0"6' - 4"10' - 10" 11' - 5" LIVING RM DINING RM BEDROOMBEDROOM W.I.C. BATH BATH KITCHEN W.I.C. LAUNDRY BALCONY 11' - 5"14' - 10"11' - 5"16' - 8"7' - 7"6' - 6"6' - 2"7' - 0"6' - 4"5' - 0"13' - 1"16' - 10"19' - 0"©2015MYEFSKIARCHITECTS,INC 1/8" = 1'-0" 09/19/14 UNIT PLANS 21620 CENTRAL EVANSTON, ILREAL CAPITAL SOLUTIONS 1 23 4 5 6 78 9 10 1112 1 23 4 5 6 78 9 10 1112 LIVING RM DINING RM BEDROOM BEDROOM W.I.C. BATH BATH KITCHEN W.I.C. LAUNDRY BALCONY 11' - 3"14' - 10"11' - 5"19' - 0"7' - 7"6' - 6"13' - 6"16' - 5"5' - 0"16' - 8"4' - 6"5' - 0"6' - 4"10' - 10" 11' - 5" LIVING RM DINING RM BEDROOMBEDROOM W.I.C. BATH BATH KITCHEN W.I.C. LAUNDRY BALCONY 11' - 5"14' - 10"11' - 5"16' - 8"7' - 7"6' - 6"6' - 2"7' - 0"6' - 4"5' - 0"13' - 1"16' - 10"19' - 0"©2015MYEFSKIARCHITECTS,INC 1/8" = 1'-0" 09/19/14 UNIT PLANS 21620 CENTRAL EVANSTON, ILREAL CAPITAL SOLUTIONS ©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL DWELLING UNITS UNIT NUMBER UNIT BR’S TOTAL UNITS TOTAL BR’S 1 2 4 8 2 2 4 8 3 1 3 3 4 2 4 8 5 2 4 8 6 2 4 8 7 3 4 12 8 3 4 12 9 2 4 8 10 2 4 8 11 1 4 4 12 1 4 4 TOTAL 47 91 DWELLING UNIT DENSITY UNIT 1 2-BR UNIT 1214 SF UNIT 2 2-BR UNIT 1210 SF 1 BR 2BR 3 BR TOTAL LEVEL 1 2 7 2 11 LEVEL 2 3 7 2 12 LEVEL 3 3 7 2 12 LEVEL 4 3 7 2 12 TOTAL 11 28 8 47 444 of 722 0 4’ 8’ 16’ 1/8” = 1’-0” PLANNED DEVELOPMENT APPLICATION 1 23 4 5 6 78 9 10 1112 BALCONY BEDROOM BATH KITCHEN LIVING RM 11' - 11"16' - 7"12' - 3"10' - 10"11' - 5"3' - 4" 8' - 9"8' - 6"11' - 2"4' - 4"14' - 10" LIVING RM BEDROOM W.I.C. DINING RM KITCHEN W.I.C. BEDROOM LAUNDRY BALCONY BATH BATH FOYER 13' - 6"17' - 2"5' - 0"11' - 0"13' - 0"10' - 8"15' - 2"5' - 6"6' - 0"6' - 7" 15' - 2"5' - 6"6' - 0"6' - 7" ©2015MYEFSKIARCHITECTS,INC 1/8" = 1'-0" 07/10/14 UNIT PLANS 11620 CENTRAL EVANSTON, ILREAL CAPITAL SOLUTIONS 0 4' 8'16' 1 23 4 5 6 78 9 10 1112 ©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL DWELLING UNITS UNIT 3 1-BR UNIT 779 SF UNITS 4-6, 9-10 2-BR UNITS 1167 SF - 1206 SF 445 of 722 0 4’ 8’ 16’ 1/8” = 1’-0” PLANNED DEVELOPMENT APPLICATION UP BALCONY LIVING ROOM DINING RM KITCHEN BEDROOM BEDROOM BEDROOM BATH BATH W.I.C. LAUNDRY 13' - 6"9' - 3"15' - 2"5' - 6"6' - 0"6' - 7"11' - 1"10' - 8"6' - 2"10' - 9" 5' - 0"18' - 5"10' - 11"11' - 5"BATH KITCHEN LAUNDRY BEDROOMLIVING RM DINING RM BALCONY 12' - 6"10' - 9"13' - 11"3' - 5"9' - 8"4' - 0"12' - 9"5' - 6"10' - 6" BATHKITCHEN LAUNDRY BEDROOM LIVING RM BALCONY STOR. 12' - 0"10' - 8"10' - 7"7' - 0"13' - 10"10' - 10"10' - 6" 7' - 9" ©2015MYEFSKIARCHITECTS,INC 1/8" = 1'-0" 09/19/14 UNIT PLANS 31620 CENTRAL EVANSTON, ILREAL CAPITAL SOLUTIONS 1 23 4 5 6 78 9 10 1112 1 23 4 5 6 78 9 10 1112 1 23 4 5 6 78 9 10 1112 ©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL DWELLING UNITS UNITS 7-8 3-BR UNIT 1285 SF UNIT 11 1-BR UNIT 633 SF UNIT 12 1-BR UNIT 836 SF 446 of 722 0 15’ 30’ 60’ 1” = 30’-0” PLANNED DEVELOPMENT APPLICATION DERO ULTRA SPACE SAVER VERTICAL MOUNT BIKE RACK BIKE STORAGE ROOM 32 BIKE PARKING SPACES 14' - 7"25' - 8"9' - 0"www.dero.com 1.888.337.6729 ULTRA SPACE SAVER Specifications and Space Use Dero Ultra Space Saver As manufactured by Dero Bike Racks Modular construction 1 Bike per arm Hanger is 1” diameter tube with ½” steel rod and retaining disk at each end. Upright is 2” square tube. Feet are AISI C3 x 4.1 galvanized steel channel. Crossbeams are 1.25” sched. 40 galvanized pipe (1.660” OD) Spacers are 2.375” OD plastic tubes with .218” wall thickness. Black powder coat Cross bars: hot dipped galvanized Hanger rods: rubber coated Spacers: plastic Floor mounted Ultra Space Savers have steel channel feet (30” for single sided and 56” for double sided units) which must be anchored to the floor. A wall mounted unit which contains special brackets is also available. See diagram at left Product Capacity Materials Finishes Installation Methods Space Use and Setbacks 56” 84” 30” 84” Single Sided Double Sided Estimating Your Bike Capacity Estimating the maximum number of bikes you can park using an Ultra Space Saver in a typical rectangular space is usually fairly straight forward. The Ultra Space Saver parks one bike every 16” with a typical bike extending out 40” from the wall. Leave a 36” aisle between rows. Add an 8” buffer on each end of a run to allow enough space for handlebars. If you have a large space, you may be able to fit in double rows of Ultra Space Savers. Let us Help! As a free service, Dero will provide a complete CAD layout of your space. Just send us the dimensions of your room, being sure to note the location of doors, columns, etc. and let us maximize your bike storage capacity. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Aisle 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Aisle 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 19’4” 21’8” 16”8” 40” 36” As a general rule of thumb, this space can fit approximately 60 bicycles. min. ceiling 87" 30" 40" 116" 36"80" 56" Wall Mount Optional tire catches for rear wheels ©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL BIKE STORAGE PLAN 447 of 722 43-O-15 ~11~ EXHIBIT C Landscape Plans 448 of 722 449 of 722 450 of 722 1620 Central St. Planned Development Plans received at or after Plan Commission Meeting on 03/11/2015 451 of 722 452 of 722 453 of 722 454 of 722 455 of 722 456 of 722 457 of 722 458 of 722 459 of 722 460 of 722 461 of 722 462 of 722 0 8’ 16’ 32’ 1/16” = 1’-0” PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL EAST ELEVATION ARCHITECTURAL ALUMINUM CLADDING FACE BRICK CLADDING ARCHITECTURAL ALUMINUM CLADDING PAINTED METAL RAILING LOW-E WIDNOWS ELEVATOR OVERRUN +54’-9” 3' - 0" LEVEL 01 13' - 6" LEVEL 02 24' - 0" LEVEL 03 34' - 6" LEVEL 04 45' - 0" T/ROOF STRUCTURE 0' - 0" GROUND LEVEL 3' - 0"10' - 6"10' - 6"10' - 6"10' - 6"463 of 722 0 8’ 16’ 32’ 1/16” = 1’-0” PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL SOUTH ELEVATION ARCHITECTURAL ALUMINUM CLADDING FACE BRICK CLADDING ARCHITECTURAL ALUMINUM CLADDING LOW-E WINDOWS PAINTED METAL RAILING ELEVATOR OVERRUN +54’-9” 3' - 0" LEVEL 01 13' - 6" LEVEL 02 24' - 0" LEVEL 03 34' - 6" LEVEL 04 45' - 0" T/ROOF STRUCTURE 0' - 0" GROUND LEVEL 3' - 0"10' - 6"10' - 6"10' - 6"10' - 6"464 of 722 PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL TRANSITIONAL HEIGHT PLANE ANALYSIS 465 of 722 PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL TRANSITIONAL HEIGHT PLANE ANALYSIS MAX. ZONING ENVELOPE PER oCSC 52’ - MAXIMUM HEIGHT ALLOWED IN O1 DISTRICT O1 ZONING R1 ZONING 35’ - MAXIMUM HEIGHT ALLOWED IN R1 DISTRICT 466 of 722 PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL VIEW FROM ASHLAND AVENUE PROPOSED PROJECT 467 of 722 PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL VIEW FROM ASHLAND AVENUE PROPOSED PROJECT 468 of 722 PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL VIEW FROM 2530 ASHLAND AVE. BACKYARD - EXISTING 469 of 722 PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL VIEW FROM 2530 ASHLAND AVE. BACKYARD - OVERLAY 470 of 722 PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL VIEW FROM 2530 ASHLAND AVE. BACKYARD - WINTER 471 of 722 PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL VIEW FROM 2530 ASHLAND AVE. BACKYARD - SUMMER 472 of 722 PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL VIEW FROM 2524 ASHLAND AVE. BACKYARD - EXISTING 473 of 722 PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL VIEW FROM 2524 ASHLAND AVE. BACKYARD - WINTER 474 of 722 PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL VIEW FROM 2524 ASHLAND AVE. BACKYARD - SUMMER 475 of 722 PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL 476 of 722 PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL 477 of 722 PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL 478 of 722 DRAFT Page 1 of 5 Plan Commission Minutes 03/11/2015 MEETING MINUTES PLAN COMMISSION Wednesday, March 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, Andrew Pigozzi Members Absent: Kwesi Steele, Lenny Asaro Associate Members Present: Stuart Opdycke, David Galloway Associate Members Absent: Seth Freeman Staff Present: Damir Latinovic, Neighborhood and Land Use Planner Lorrie Pearson, Planning and Zoning Administrator Mario Treto, Assistant City Attorney Presiding Member: Jim Ford, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM Chairman Ford called the meeting to order at 7:02 P.M. 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: February 11, 2015 Chairman Ford noted that the Dempster-Main Overlay and the first half of the text amendment for fences were taken by roll call and approved unanimously. The roll call votes should be reflected in the minutes. Commissioner Goddard made a motion to approve the minutes from February 11, 2015 with the corrections. Commissioner Lewis seconded the motion. A voice vote was taken and the minutes were approved unanimously. Chairman Ford swore in all individuals from the public intending to speak tonight. 479 of 722 DRAFT Page 2 of 5 Plan Commission Minutes 03/11/2015 3. NEW BUSINESS A. PLANNED DEVELOPMENT 15PLND-0011 1620 Central Street John Myefski, Myefski Architects, has applied for a Special Use for a Planned Development in the O1-Office District and oCSC-Central Street Overlay District (Title 6-Zoning of the Municipal Code, Section 6-15) to construct a four-story (45 feet high) multiple-family building with 47 residential units and 54 underground parking spaces. The applicant seeks site development allowances for: 1) the number of parking spaces, 2) the required step-back for the third and fourth floors from Central Street, 3) a landscape buffer for the loading dock in rear, and 4) the building height over the transitional height plane requirement along the south property line. 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. Mr. Latinovic presented the staff report. He explained that this proposal requires special use approval due to the lot size and the size of the multi-family residential development. He listed the public benefits and stated that the proposal satisfies the Standards of Approval. Staff recommends approval with the conditions noted in the staff report. John Myefski, architect, explained the proposal. He elaborated on the proximity to transit systems, such as the CTA, Metra, and future Divvy Bike Stations that would make a development like this desirable. The development team has made a conscious effort to involve the surrounding community in the process of this planned development and have made considerable changes to the project based on community input. The project has stayed under the maximum Floor Area Ratio and has stayed under the maximum number of dwelling units. They are asking for a relief from parking requirements among other things. Mr. Myefski went on to explain the project in further detail and noted the public benefits. Commissioner Shure asked if parents use the alley for drop-off purposes, to which Mr. Myefski said only on occasion, however there is no perfect solution for the alley. Commissioner Shure also asked about the water table and whether a bike lane was planned for Central Street. There being no further questions from the Commission, Chairman Ford invited questions from the public. Jacqui Black, 1626 Central Street, asked if the building would be pet friendly, what kinds of windows would be used on the side of the building facing residential uses, and if critters in the existing building would be addressed. Mr. Myefski answered her questions and elaborated that they have agreed not to add extra exterior lighting. Jim Hughes, 2518 Hartzell Street, asked questions about the 10-foot easement, where Divvy locations would be, if the Commission would consider additional guest parking requirements, and whether the car sharing and parking negotiations with Northwestern University will be complete before the Certificate of Occupancy is 480 of 722 DRAFT Page 3 of 5 Plan Commission Minutes 03/11/2015 issued. Mr. Myefski answered his questions and elaborated that the car sharing service providers would not commit to any contracts as of yet, but it is in the works. Jeff Smith, 2724 Harrison, asked if there would be lease restrictions regarding vehicles and whether any sort of home-based business would be held to those as well. Mr. Myefski stated that parking would be restricted per the lease, and was not sure how they would deal with home occupation businesses yet, but it will have to meet the City Zoning Ordinance. Amy O’ Keefe, 2535 Ashland Avenue, thanked the developers for considering the needs for the school. Mr. Myefski touched on some of the construction plans and potential timeline for the project. He hopes to expedite the construction timeline and limit noise. Amy Rogers, 2535 Ashland Avenue, asked about utilities and green space relative to LEED, restricting parking on Ashland as a condition, and if detached garages could still be built with variances on neighboring properties. Chris Kahn, citizen, asked if a parking agreement had been arranged with Northwestern University. Mr. Myefski stated that parking has been arranged for the duration of construction; however they cannot provide overnight parking. Other parking alternatives are being investigated. Pat Fiene, 1606 Central Street, asked questions regarding the proximity of the proposed balconies to the existing properties. Mr. Myefski stated that the balconies project minimally outward, feature shifted windows, and landscape buffering is being provided. Chairman Ford opened the meeting to public testimony. Ms. Black asked about the proximity of the windows and balconies on the west side of the proposed structure. Larry Cline, 1606 Central Street, asked how this proposal addresses low income housing and stated his dissatisfaction with buffering. He also noted that the traffic study did not include the new restaurant nearby. Mr. Myefski explained that low income housing is not required by Ordinance due to proposed rental nature of the property and stated he is willing to work on the landscape buffering. Ms. O’Keefe wanted to celebrate the collaborative design method that the developers used to involve the surrounding community. She then raised questions regarding the O1 zoning designation and the substandard size of the lot. She also questioned the benefits of this proposal. Mr. Smith noted that public transit can be difficult at times and car ownership has increased. He proposed making parking a condition of the lease and questioned the embodiment of the Central Street Plan. He noted the developer’s refreshing amount of effort to confer with the community. 481 of 722 DRAFT Page 4 of 5 Plan Commission Minutes 03/11/2015 Amy Rogers, 2524 Ashland Avenue, agreed with Ms. O’Keefe’s earlier comments, and raised concerns about building height and traffic flow. Ms. Fiene stated that the impending construction will drive her out of her home office. She raised concerns regarding benefits to the school and neighborhood, and the lack of affordable housing. Maureen Rosati, citizen, testified to the congestion in the neighborhood due to the tight block, school, stadium, and various Northwestern events. Mr. Myefski then made his closing comments noting that he was fine with prohibiting street parking as a condition of the lease, and due to various kinds of transportation in the area, a need for this kind of development does exist. Mr. Latinovic noted that changes to the proposed east elevation as noted in applicant’s presentation will need to be resubmitted prior to project being reviewed by P&D Committee. If approved, the project would again be reviewed at DAPR. Chairman Ford closed public testimony and suggested a 10 minute break. The Plan Commission entered into Deliberations. Commissioner Goddard noted her concerns regarding traffic on Ashland and in the alley. Chairman Ford asked if the development allowances and loading dock needed to be discussed. At Commissioner Lewis’ request, Mr. Latinovic clarified that the development complies with setbacks, but not step back conditions along Central Street. Chairman Ford asked if the reduction in parking spaces creates an on-site parking issue. Commissioner Pigozzi noted that he did not see how any development could be constructed without the parking request. He pointed out that at least the parking was underground. Commissioner Shure stated his support of the parking reductions as well. There will be conditions in the lease and at least 1 spot will be available for each unit. Commissioner Peters believes the lease condition will solve parking issues and does not want to add restrictions on top of the Zoning Ordinance. Associate Opdycke stated that if he had a vote, he would be in favor of the proposal. He was impressed with the developer’s efforts to accommodate the community and noted that 1 parking spot per unit is better than the proposed parking plan of the 1571 Maple development. Associate Galloway concurred with Commissioners Shure, Peters, and Opdycke. He also expressed admiration of how the developer went about addressing this project with the community. 482 of 722 DRAFT Page 5 of 5 Plan Commission Minutes 03/11/2015 The Commission discussed the Standards. They noted the purposes and policies of the Comprehensive Plan as noted in the staff memo. Commissioner Peters stated that the proposed development minimized impact. The parking lease and traffic issues were discussed. The Commission considered and concluded all Standards for Approval have been met. Commissioner Peters made a motion to recommend approval of Planned Development for 1620 Central Street with all conditions outlined in staff report memo. Commissioner Shure seconded the motion. A roll call vote was taken and the motion was approved unanimously. Ayes: Commissioners Peters, Shure, Lewis, Dubin, Goddard, Pigozzi and Chairman Ford. Nyes: none … 6. ADJOURNMENT There being no further discussion, Commissioner Peters 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 10:14 pm. Respectfully Submitted, Ellen Cholewa Zoning Intern Community Development Department 483 of 722 For City Council meeting of April 13, 2015 Item P2 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 Action 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. This ordinance was introduced at the March 23, 2015 City Council meeting. 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. Memorandum 484 of 722 Metered street parking is also available for customers that arrive by vehicle. Eight seats 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: 485 of 722 1. Must comply with Litter Collection and Garbage Pick-Up Plans 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 486 of 722 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 487 of 722 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. 488 of 722 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. 489 of 722 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 490 of 722 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. 491 of 722 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. 492 of 722 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 493 of 722 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. 494 of 722 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 495 of 722 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__ ____ 496 of 722 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 _____ ____ 497 of 722 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. 498 of 722 For City Council meeting of April 13, 2015 Item P3 Ordinance 37-O-15 Application for a Special Use for a Type 2 Restaurant, Epic Burger, at 1622 Sherman Avenue For Action 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. This ordinance was introduced at the March 23, 2015 City Council meeting. 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 499 of 722 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. 500 of 722 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 501 of 722 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 502 of 722 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. 503 of 722 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. 504 of 722 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 505 of 722 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, 506 of 722 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 89 507 of 722 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. 508 of 722 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. 509 of 722 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 510 of 722 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. 511 of 722 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 512 of 722 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__ ____ 513 of 722 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 _____ ____ 514 of 722 515 of 722 For City Council meeting of April 13, 2015 Item P4 Ordinance 22-O-15: Fence Regulations For Action 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. This ordinance was introduced at the March 23, 2015 City Council meeting. 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. Memorandum 516 of 722 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. 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 517 of 722 fences require similar setbacks along public ways and may include a requirement for a sign to be posted if such fence is installed. 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 518 of 722 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: 519 of 722 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% 520 of 722 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 521 of 722 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. 522 of 722 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. 523 of 722 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 524 of 722 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 525 of 722 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. 526 of 722 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 527 of 722 PLAN COMMISSION CASE # 15PLND-0009 Zoning Ordinance Text Amendment Fence Regulations 528 of 722 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 529 of 722 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 530 of 722 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) 531 of 722 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: 532 of 722 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. 533 of 722 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-15 534 of 722 For City Council meeting of April 13, 2015 Items P5.1 and P5.2 Ordinance 20-O-15 and Ordinance 25-O-15: Establishing a new Dempster-Main Overlay District. 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 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. These ordinances were introduced at the March 23, 2015 City Council meeting. (P5.1) 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 Action (P5.2) Ordinance 25-O-15, Amending the Zoning Map to Place Certain Properties within the oDM Dempster-Main Overlay District For Action 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 Memorandum 535 of 722 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 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. 536 of 722 Dempster Street Area Main Street Area 537 of 722 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 538 of 722 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 539 of 722 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. 540 of 722 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). 541 of 722 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 542 of 722 20-O-15 ~5~ Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 543 of 722 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 544 of 722 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. 545 of 722 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 546 of 722 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 305 547 of 722 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 516 548 of 722 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-17 549 of 722 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-4 550 of 722 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-27 551 of 722 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 552 of 722 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 801 553 of 722 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-29 554 of 722 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 555 of 722 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 556 of 722 25-O-15 ~14~ EXHIBIT B Maps of Properties Re-Zoned to oDM Dempster-Main Overlay District 557 of 722 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 558 of 722 822 846 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 559 of 722 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. 560 of 722 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. 561 of 722 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 562 of 722 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 563 of 722 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 564 of 722 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 565 of 722 For City Council meeting of April 13, 2015 Item P6 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 Damir Latinovic, Interim Planning and Zoning Administrator Subject: Ordinance 19-O-15 Planned Development, 1571 Maple Avenue, 14PLND-0080 Date: April 2, 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. Aldermanic Request from March 23, 2015 The City Council directed staff to continue the discussion with the applicant about possible increase in Affordable Housing Fund contribution or affordable units within the development. The applicant has agreed to provide two (2) affordable one-bedroom housing units (with a goal of one (1) one-bedroom unit and one (1) two-bedroom unit) on site with rents not to exceed the limits set for households earning 100% of Area Media Income (AMI). The applicant has also agreed to contribute $400,000 towards City’s Affordable Housing Fund. The contribution will be earmarked for acquisition of affordable units in the downtown area. Staff has prepared a separate Resolution 40-R- 15 for administration of the applicant’s contribution. (See Agenda Item P7.) Staff has also prepared the Attachment A – Affordable Housing Information addressing Affordable Housing Fund (AHF) inventory, the potential for set-aside amount of the AHF for units within 1571 Maple Avenue development, affordable housing rent limits and summary of recently approved changes to the City of Chicago Affordable Requirements Ordinance. Memorandum 566 of 722 Also included is the Attachment B – Rent Rates and Parking Utilization Rates with apartment rents and actual parking utilization rates in recently approved planned developments. 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). 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 4.8 567 of 722 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. 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 1571 Maple Ave. Off-site Parking Location 568 of 722 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. 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 contribution of $400,000 to the City’s Affordable Housing Fund. 2. Two on-site one-bedroom affordable housing units for households earning 100% of Area Median Income. The units provided will be equal in size to the market- rate units within the building. 3. Leasing of 101 parking spaces from the City-owned Maple Avenue parking garage. ($8,585/month or $103,020/year) 4. A one-time Divvy sponsorship contribution in the amount of $56,000. 5. The applicant will employ at least five with a goal of ten Evanston residents during construction. 6. Incorporation of commercial space along Davis Street to enhance the commercial and pedestrian character of the area. 7. LEED Silver certification. 8. Installation of a pervious parking lot. 9. Installation of one free electric charging station within the on-site parking lot. 10. Improvements and expansion of the public sidewalk along Elmwood Avenue including new street trees. 11. Installation of multiple green roofs. 12. Two car-share parking spaces on the site. 13. Subsidized car-share membership fees for building residents. 14. Ten parking spaces open to the public. 15. Installation of public bike parking facilities near the intersection of Davis Street and Elmwood Avenue. 16. Beautification/Installation and maintenance of a living green wall along the east side of Elmwood Avenue/Metra railroad embankment. 17. Installation of two landscaped seating areas along Maple Avenue. 18. 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. 569 of 722 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. 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 Attachment A Affordable Housing Information Attachment B Rent Rates and Parking Utilization Rates for Planned Developments 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 570 of 722 Link to Plan Commission Packet for 12/17/2014: http://www.cityofevanston.org/assets/12.17.14%20PC%20Packet.pdf 571 of 722 Attachment A – Affordable Housing Information Information Requested on Affordable Housing What has been funded and what contributions have been made from developers to the Affordable Housing Fund (AHF)? The AHF has received no payments resulting from the current Inclusionary Housing Ordinance. The developer’s payments received to date have all resulted from the Planned Development negotiation process. See below for incomes and expenses for the Affordable Housing Fund. Could there be a set-aside in the AHF specifically related to this project’s donation? A program could be developed where a subsidy would be paid to cover the difference between the rent affordable to a household at 60% AMI and the market rent. If the city subsidized the difference between rent affordable to a household at 60%AMI ($842 for a 1 bed/$982 for a two bed) and the market rents (approximately $2,100 1 bed/$2,600 2 bed), the developer’s $500,000 donation would result in 2 units being subsidized for approximately 10 years factoring in rent increases. This is questionable whether this would qualify as a public benefit because the property owner would realize the value of the full market rent through this subsidy funded by its own donation. What would be the rent limits and compliance requirements for affordable units on-site? The developer would submit an annual report that details the unit number, number of bedrooms, tenant name, number of people in household, annual gross income, date of income certification, Cash 489,671.77$ Investments †363,494.98$ Due from other funds 8,834.00$ Total Cash 862,000.75$ Income FY2012 FY2013 FY2014 Demolition Tax 50,000.00$ 40,000.00$ 30,000.00$ Developer Contributions ††-$ 250,000.00$ 149,125.00$ EHC Investment income/interest 748.00$ 198.00$ 258.00$ EHC Admin income 11,601.00$ 11,188.00$ 11,338.00$ Misc -$ -$ -$ Total Income 62,349.00$ 301,386.00$ 190,721.00$ Expenses FY2012 FY2013 FY2014 HMIS*22,000.00$ -$ 18,500.00$ Landlord Tenant Program 15,000.00$ 30,000.00$ 35,000.00$ Rehab/Development**-$ 20,188.00$ 25,000.00$ Administrative costs -$ 1,751.56$ 448.86$ Transfer to General Fund -$ -$ 13,989.96$ Total Expenses 37,000.00$ 51,939.56$ 92,938.82$ †Currently in the Illinois Fund ††Includes $125,000 anually from Mather Lifeways; 2012 & 2013 was booked in 2013 *Grant to the Alliance to End Homelessness in Suburban Cook County **Improvements at 319 Dempster St in 2013 and 2014 AHF Cash - December 31, 2014 572 of 722 monthly rent and if any utilities are included in the rent. Current rent and income limits are shown below: Percent of AMI Household income (all residents, regardless of relationship) 1 2 3 4 5 6 30% $16,000 $18,250 $20,550 $24,250 $28,410 $32,570 50% $26,600 $30,400 $34,200 $38,000 $41,050 $44,100 60% $31,920 $36,480 $41,040 $45,600 $49,260 $52,920 80% $42,600 $48,650 $54,750 $60,800 $65,700 $70,550 100% $53,200 $60,800 $68,400 $76,000 $82,100 $88,200 120% $63,850 $72,950 $82,100 $91,200 $98,500 $105,800 Percent of AMI Rent Levels by Number of Bedrooms 1 2 3 4 5 6 30% $399 $427 $513 $592 $661 $730 50% $665 $712 $855 $988 $1,102 $1,216 60% $798 $855 $1,026 $1,185 $1,323 $1,460 80% $1,065 $1,140 $1,368 $1,581 $1,763 $1,946 100% $1,331 $1,425 $1,710 $1,976 $2,205 $2,433 120% $1,596 $1,710 $2,052 $2,371 $2,646 $2,920 City of Chicago Affordable Requirements Ordinance (ARO) The City of Chicago’s recently approved amendments to the existing affordable housing ordinance will change, and in most instances, increase affordable housing requirements of new residential rental and owner-occupied projects. As with the existing code, the amendment requires 10% of total units be affordable (20% if receiving City of Chicago financing) and applies to all residential projects with 10 or more units that: (1) are permitted through a zoning chang e that increases density or allows residential use where not previously allowed, (2) include land purchased or obtained from the City of Chicago, (3) obtain financial assistance from the City of Chicago or (4) are rezoned to a planned development in a downtown zoning district. The amendment divides Chicago into three areas with varying affordable housing requirements: downtown, higher income, and low-moderate income. Residential developments in downtown are subject to the most stringent affordable housing requirements, followed by higher income areas, and low-moderate income areas. All residential projects, except downtown owner- occupied, must have 25% of required affordable housing units on-site or at a qualifying off-site location. Fees in lieu may be paid to satisfy the remaining 75% affordable unit requirement.. In place of the current $100,000 fee per unit, the in lieu fee ranges from $50,000 per rental or owner-occupied unit in low-moderate income areas, to $175,000 per rental and $225,000 per owner-occupied unit in the downtown. Developer incentives include a reduced fee in lieu when 25% of the required affordable housing units are sold or leased to an authorized housing agency. Additionally, density bonuses are granted to transit oriented developments with 50% or more of the required affordable housing units located on-site. 573 of 722 Attachment B - Rent Rates and Parking Utilization Rates Recent Evanston Planned Developments Completed Developments Price Size (sq. ft.)Price /Sq. ft.Price Size (sq. ft.)Price /Sq. ft.# of units # of parking spaces available Parking/Unit Ratio Actual Parking Utilization Rate per Unit (# of cars per unit) E2/Carrol Place - 1890 Maple Ave.$1650 - $2120 594-805 $2.77 - $2.63 $2480 - $2995 1010 - 1220 $2.45 356 353 0.99 ? (said to early to know) 1717 Ridge $1815 - $2135 656 - 882 $2.76 - $2.42 $2760 - $3050 1183 - 1261 $2.33 - $2.41 175 200 1.14 0.94 Central Station 1700-1722 Central St.$1765 - $2225 785 - 885 $2.24 - $2.51 $2825 - $2975 1185 - 1305 $2.38 - $2.27 80 81 1.01 1.01 AMLI - 631--749 Chicago Ave $1728 - $1876 652 - 785 $2.65 - $2.38 $2305 - $3023 1000-1274 $2.30 - $2.37 214 309 1.44 1.09 Approved Developments - Projected Numbers Chicago & Main - 85 Chicago Ave Data not avail.752 - 854 Data not avail.Data not avail.1009 - 1150 Data not avail.112 152 1.35 ? (said to early to know) 1571 Maple Ave $1900 - $2302 709 - 859 $2.68 $2437 - $2842 987 - 1151 $2.47 101 113 1.11 1620 Central Street $1356 - $1786 603 - 794 $2.25 $2427 - $2841 1079 - 1263 $2.25 47 54 1.14 Parking1 BR 2 BR 574 of 722 4/7/2015 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 575 of 722 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 576 of 722 19-O-15 ~3~ WHEREAS, pursuant to Subsection 6-3-6-5 of the Zoning Ordinance, the City Council may grant Site Development Allowances from the normal district regulations established in the Zoning Ordinance; and WHEREAS, on 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 577 of 722 19-O-15 ~4~ considered the recommendation of the P&D Committee, received additional public comment, made certain findings, and adopted said recommendation; and WHEREAS, it is well-settled law that the legislative judgment of the City Council must be considered presumptively valid (see Glenview State Bank v. Village of Deerfield, 213 Ill.App.3d 747) and is not subject to courtroom fact-finding (see National Paint & Coating Ass’n v. City of Chicago, 45 F.3d 1124), NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as facts and incorporated herein by reference. SECTION 2: 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- 578 of 722 19-O-15 ~5~ 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 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 579 of 722 19-O-15 ~6~ 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. (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. 580 of 722 19-O-15 ~7~ (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. (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 Contribution Fund: The Applicant shall pay a one-time contribution of one four hundred twenty thousand dollars ($12400,000) to the City’s Affordable Housing Fund. The contribution will be made in two (2) installments. The first installment shall be made within ten (10) business days of the issuance of the Final Certificate of Occupancy (FCO) and the second installment shall be made within one (1) year of the FCO issuance date. (Q) Affordable Housing in the Development: The Applicant shall provide two (2) one (1) bedroom on-site affordable housing units (with a goal of one (1) one- bedroom unit and one (1) two-bedroom unit) to households earning at or below one hundred percent (100%) of Area Median Income (AMI). The units provided shall be equal in size to the market-rate units within the building. The period of affordability for the units shall be for ten (10) years. The Applicant must submit a compliance report by January 31st of each year to the Housing and Grants Division of the Community Development Department showing the following: (1) unit number; (2) number of bedrooms; (3) tenant name; (4) number of persons in each affordable household unit; (5) annual gross income of each household occupying each affordable housing unit; (6) date of income certification; and (7) monthly unit rent. The compliance report must also include the list of any utilities included in rent. (R) Divvy Sponsorship: The Applicant shall pay a one-time Divvy sponsorship contribution in the amount of fifty six thousand dollars ($56,000). 581 of 722 19-O-15 ~8~ (S) 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. (T) 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. (U) 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. (V) Pervious Parking Lot: The Applicant agrees to install a pervious parking lot on the Subject Property. (W) 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. (X) Landscaped Seating Areas: The Applicant agrees to install two landscaped seating areas along Maple Avenue per landscape plans in Exhibit C (Y) 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. (Z) 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 582 of 722 19-O-15 ~9~ (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 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. (AA) South Elevation of Development: Applicant will exercise reasonable commercial efforts to work with City staff and the Winthrop Club Condominium Association to modify the south elevation to maximize privacy for the residents in condominium units which will face the development and to minimize the impact on their building located at 1570 Elmwood Avenue. (BB) 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. 583 of 722 19-O-15 ~10~ (CC) Recordation: Pursuant to Subsection 6-3-6-10 of the Zoning Ordinance, the Applicant shall, at its cost, record a certified copy of this ordinance, including all exhibits attached hereto, with the Cook County Recorder of Deeds, and provide proof of such recordation to the City, before the City may issue any permits pursuant to the Planned Development authorized by the terms of this ordinance. SECTION 5: When necessary to effectuate the terms, conditions, a nd purposes of this ordinance, “Applicant” shall be read as “Applicant’s tenants, agents, assigns, and successors in interest.” SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 7: Except as otherwise provided for in this ordinance, all applicable regulations of the Zoning Ordinance and the entire City Code shall apply to the Subject Property and remain in full force and effect with respect to the use and development of the same. To the extent that the terms and provisions of any of said documents conflict with the terms herein, this ordinance shall govern and control. SECTION 8: All ordinances or parts of ordinances that are in conflict with the terms of this ordinance are hereby repealed. SECTION 9: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect 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 Approved: 584 of 722 19-O-15 ~11~ Adopted:___________________, 2015 __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 585 of 722 19-O-15 ~12~ 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. 586 of 722 19-O-15 ~13~ 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 587 of 722 19-O-15 ~14~ EXHIBIT B Development Plans 588 of 722 19-O-15 ~15~ EXHIBIT C Landscape Plans 589 of 722 590 of 722 591 of 722 Hirsch A . Arch i tectur e !S~Cl~tes LLC annmg l·I /·\ 592 of 722 593 of 722 594 of 722 595 of 722 596 of 722 597 of 722 598 of 722 599 of 722 600 of 722 601 of 722 602 of 722 603 of 722 604 of 722 605 of 722 606 of 722 607 of 722 608 of 722 609 of 722 610 of 722 611 of 722 612 of 722 613 of 722 614 of 722 615 of 722 19-O-15 ~15~ EXHIBIT C Landscape Plans 616 of 722 Perspective View - Elmwood Avenue L001617 of 722 Perspective View - Parking Entrance L002618 of 722 619 of 722 620 of 722 621 of 722 622 of 722 623 of 722 624 of 722 625 of 722 PLANNED DEVELOPMENT 1571 MAPLE AVE Revised Site Plan and Miscellaneous Documents Submitted for P&D Meeting on 03/09/2015 626 of 722 627 of 722 628 of 722 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. 629 of 722 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 630 of 722 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 631 of 722 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 632 of 722 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. 633 of 722 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 634 of 722 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 635 of 722 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. 636 of 722 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: 637 of 722 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 638 of 722 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: 639 of 722 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 640 of 722 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 641 of 722 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 642 of 722 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 643 of 722 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 ______ ____ 644 of 722 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. 645 of 722 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. 646 of 722 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 647 of 722 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 648 of 722 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 649 of 722 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 650 of 722 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 651 of 722 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. 652 of 722 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. 653 of 722 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 654 of 722 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 655 of 722 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. 656 of 722 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. 657 of 722 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. 658 of 722 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 659 of 722 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 660 of 722 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 661 of 722 For City Council meeting of April 13, 2015 Item P7 Resolution 40-R-15: Acceptance of Affordable Housing Contribution, 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 Damir Latinovic, Interim Planning and Zoning Administrator Mary Ellen Poole, Housing Planner Subject: Resolution 40-R-15 Acceptance of Affordable Housing Fund Contribution 1571 Maple Avenue Planned Development Date: April 9, 2015 Recommended Action: City staff recommends that the City Council adopt Resolution 40-R-15, authorizing the City Manager to accept and distribute the affordable housing contribution from the applicant of the 1571 Maple Avenue Planned Development to a local non-profit affordable housing developer for acquisition of affordable housing units in the downtown area. Summary: As part of the Special Use approval for a Planned Development at 1571 Maple Avenue (Agenda Item P6, Ordinance 19-O-15), the applicant has agreed to contribute $400,000 toward the City’s Affordable Housing Fund as a public benefit. In keeping with the City Council’s goal for livability and maintaining the City’s socioeconomic diversity, the contribution will be distributed to a local non-profit affordable housing developer (to be selected at a later date) for acquisition and/or rehabilitation of units in the downtown area. Specifically, the units will have to be acquired within the D1, D2, D3, D4 or RP downtown zoning districts. The units acquired by the non-profit affordable housing developer will be held in perpetuity in title for the sole purpose of providing affordable rental housing. The City will work with the non-profit affordable housing developer to establish specific details of the program, including tenant income restrictions and the number and size of units. The non-profit affordable housing developer will apply for the Illinois Affordable Housing Tax Credit through the Illinois Housing Development Authority (IHDA) and will retain any tax credits as additional equity to be used for acquisition and/or rehabilitation of affordable housing units. Memorandum 662 of 722 Attachments: Resolution 40-R-15 Page 2 of 2 663 of 722 4/7/2015 40-R-15 A RESOLUTION Authorizing the City Manager to Accept a Contribution from the Developer of 1571 Maple Avenue for the Purpose of Providing Off-Site Affordable Housing in the Downtown Area WHEREAS, the City Council adopted Ordinance 19-O-15 approving a special use for a planned development at 1571 Maple Avenue; and WHEREAS, Section 4(P) of the Planned Development Ordinance imposed conditions regarding affordable housing on the developer, 1571 Maple Avenue LLC (the “Developer”), the first is a contribution to the City of Four Hundred Thousand Dollars ($400,000) to be used for affordable housing in Evanston and the second condition is that the Developer provide two (2) on-site affordable units; and WHEREAS, in keeping with the City’s goal of maintaining its socioeconomic diversity by developing and maintaining housing that is affordable to individuals and households at a broad range of income levels in diverse neighborhoods, the City will accept a contribution from the Developer and utilize the funds in accordance with the parameters set forth in this resolution; and WHEREAS, the City Council of the City of Evanston has determined it is in the best interests of the City to provide specific direction for the use of the contribution received by the City, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The City Manager is hereby authorized and directed to accept a contribution in the amount of Four Hundred Thousand Dollars ($400,000) from the 664 of 722 40-R-15 ~2~ developer, 1571 Maple Avenue, LLC. The contribution will be made in two (2) installments. The first installment shall be to be made within ten (10) business days of the final certificate of occupancy (FCO) issuance and the second installment shall be made within one year after the FCO issuance date. SECTION 2: The City will select a nonprofit affordable housing developer to whom the contribution will be donated for the purpose of purchasing and rehabilitating units in the following zoning districts per Zoning Code of 2012, as amended: D1, D2, D3, D4 or the RP District. SECTION 3: The units acquired by the nonprofit affordable housing developer will be rented out to income eligible households and the units will be held in perpetuity in title with the nonprofit affordable housing developer for the sole purpose of providing affordable rental housing in the downtown area of the City of Evanston. SECTION 4: The nonprofit affordable housing developer shall apply for the Illinois Affordable Housing Tax Credit through the Illinois Housing Development Authority (“IHDA”) and will retain any tax credit certificates to syndicate for additional equity to be used for the acquisition and/or rehabilitation of affordable units in the City. The City of Evanston will work with the nonprofit affordable housing developer to establish specific details of the program, including income restrictions and the number and size of the units based on available funds. SECTION 5: That the City Manager is hereby authorized and directed to negotiate any additional conditions of the contribution as may be determined to be in the best interests of the City. 665 of 722 40-R-15 ~3~ SECTION 6: That this Resolution 40-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 666 of 722 For City Council meeting of April 13 2015 Item H1 Resolution 35-R-15: Noyes Tenant Leases For Action To: Honorable Mayor and Members of the City Council Human Services Committee From: Joe McRae, Director of Parks, Recreation and Community Services Christina Ferraro, Assistant Director of Community Services Subject: Resolution 35-R-15, Authorizing the City Manager to Execute Artist Leases for Space at the Noyes Cultural Arts Center Date: April 13, 2015 Recommended Action: Staff recommends City Council adoption of Resolution 35-R-15 authorizing the City Manager to enter into four (4) new agreements for the artist leases for spaces at the Noyes Cultural Arts Center (NCAC) Funding Source: Revenues are deposited into the Noyes Cultural Arts Business Unit 3710. Summary: These studio leases are for an eight (8) month term (05/01/2015-12/31/2015). Resident Artist Discipline Studio Number 2015 monthly rate 8 months Community Service Martha Yelenosky Piano (nonresident) 222 $1,226.55 $1,287.88 Patti Vick two and three dimensional art 216 $ 137.89 $ 144.79 Monica Steinmetz Sageman Paint/wood cut printing 216 $ 137.90 $ 144.79 This studio leases is for a six (6) month term (07/01/2015-12/31/2015). Resident Artist Discipline Studio Number 2015 monthly rate 7 month Community Service Bonnie Katz Mosaics / paint 219 $ 328.50 $ 344.93 Memorandum 667 of 722 The Noyes Tenants Association and the Evanston Arts Council reviewed the six (6) applications that were received for the three (3) available studios and recommended the four (4) indicated to City staff which staff has accepted. All four are new tenants and three are Evanston residents. The studios are vacant due to Next Theatre’s departure, Jack & Elise Lerman leased one instead of two studios this year and Esther Williams- Hays did not renew her lease. Of the three studios, one will be shared. The theatre at NCAC is being rented as flexible space through May; in the summer Fleetwood Jourdain Theatre uses the theatre and a potential permanent tenant will be sought for September 2015 – May 2016. This permanent tenant lease will be presented at the City Council meeting in the summer of 2015. Attachments: Resolution 35-R-15 Copy of Studio Master Lease Exhibit B fee chart Page 2 of 2 668 of 722 3/20/2015 35-R-15 A RESOLUTION Authorizing the City Manager to Enter into Three 8-Month Lease Agreements and One 6-Month Lease Agreement for Studio Space at the Noyes Cultural Arts Center BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COUNTY OF COOK, STATE OF ILLINOIS: SECTION 1: That 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 of Evanston, four (4) studio leases by and between the City and resident artists of the Noyes Cultural Arts Center. The three 8-month leases shall be in substantial conformity with the lease marked as Exhibit A (Master Studio Lease – 8-month) attached hereto and incorporated herein by reference. The one 6-month lease shall be in substantial conformity with the lease marked as Exhibit B (Master Studio Lease – 6 month) attached hereto and incorporated herein by reference. SECTION 2: That the City Manager is hereby authorized and directed to negotiate any additional terms and conditions of the leases as may be determined to be in the best interests of the City. SECTION 3: That this Resolution 35-R-15 shall be in full force and effect from and after its passage and approval in the manner provided by law. 669 of 722 35-R-15 ~2~ ________________________________ Elizabeth B. Tisdahl, Mayor Attest: ___________________________ Rodney Greene, City Clerk Adopted: __________________, 2015 670 of 722 35-R-15 ~3~ EXHIBIT A MASTER STUDIO LEASE (8-MONTH LEASE) 671 of 722 LEASE AGREEMENT FOR THE PREMISES LOCATED AT 927 NOYES STREET, EVANSTON, ILLINOIS, BY AND BETWEEN THE CITY OF EVANSTON, LANDLORD AND [TENANT], TENANT 672 of 722 INDEX Section Title Page Number 1 SECTION 1. DESCRIPTION OF PREMISES ........................................................................... 2 SECTION 2. TERM ................................................................................................................... 2 SECTION 3. RENT .................................................................................................................... 2 SECTION 4. COMMON FACILITIES ........................................................................................ 3 SECTION 5. USE OF PREMISES ............................................................................................ 5 SECTION 6. SIGNS .................................................................................................................. 8 SECTION 7. DEFECTS; DEFECTIVE CONDITION; WIND; ACTS OF THIRD PERSONS ............................................................................................................ 8 SECTION 8. CASUALTY DAMAGE; REPAIRS; ABATEMENT OF RENT ............................. 8 SECTION 9. REPAIRS AND MAINTENANCE ......................................................................... 9 SECTION 10. UTILITIES .......................................................................................................... 10 SECTION 11. TAXES ............................................................................................................... 10 SECTION 12. INSURANCE ...................................................................................................... 10 SECTION 13. SUBLETTING; ASSIGNMENT .......................................................................... 11 SECTION 14. SURRENDER OF PREMISES; HOLDING OVER ............................................. 11 SECTION 15. INDEMNIFICATION AND LIENS ....................................................................... 12 SECTION 16. LANDLORD’S RIGHT OF INSPECTION AND REPAIRS ................................. 12 SECTION 17. DEFAULT AND REMEDIES .............................................................................. 13 SECTION 18. TENANT OBLIGATIONS TO COMMUNITY AND ASSOCIATION ................... 15 SECTION 19. REMOVAL OF OTHER LIENS .......................................................................... 15 SECTION 20. REMEDIES NOT EXCLUSIVE ........................................................................... 16 SECTION 21. EXPENSES OF ENFORCEMENT ..................................................................... 16 SECTION 22. EMINENT DOMAIN ............................................................................................ 16 SECTION 23. GOVERNMENTAL INTERFERENCE WITH POSSESSION ............................. 17 SECTION 24. PEACEFUL ENJOYMENT ................................................................................. 17 SECTION 25. EFFECT OF WAIVER OF BREACH OF COVENANTS .................................... 17 SECTION 26. AMENDMENTS TO BE IN WRITING ................................................................. 17 SECTION 27. PARTIES BOUND .............................................................................................. 17 SECTION 28. NOTICES ........................................................................................................... 17 SECTION 29. MISCELLANEOUS ............................................................................................ 18 SECTION 30. VENUE AND JURISDICTION ............................................................................ 19 SECTION 31. FORCE MAJEURE ............................................................................................ 19 673 of 722 2 This Lease Agreement (the “Agreement” or “Lease”) shall take effect as of the date of execution of the Agreement by the City (the “Effective Date”). This Lease is by and between The City of Evanston, an Illinois home rule municipality and owner of subject Property (“Landlord”), whose main business office is located at 2100 Ridge Avenue, Evanston, Cook County, Illinois, “Landlord”, and [TENANT], [TENANT DESCRIPTION] (“Tenant”). Landlord and Tenant may be referred to collectively as the “Parties”. SECTION 1. DESCRIPTION OF PREMISES Landlord leases to Tenants spaces [LEASED SPACES], located on the [LEASED SPACE LOCATION] floor of the property with a street address of 927 Noyes Street, Evanston, Illinois 60201 (the “Premises”), situated within the Landlord’s 3-story building located at the same common address and legally described on Exhibit A (the “Property”) and commonly known as the Noyes Cultural Arts Center (“NCAC”). The Property has various uses including artist workshops, resident young adult summer camp classes, art exhibits, and many other uses. The term “Common Facilities” as used in this Agreement will include those areas and facilities within the Property (outside of the Premises) for the nonexclusive use of Tenants in common with other authorized users, and includes, but is not limited to, sidewalks, parking area, planted areas (excluding the adjoining park area), common area restrooms and open means of ingress and egress. Tenants will have the non- exclusive right to use the Common Facilities, including the washrooms referenced above. SECTION 2. TERM The term of this Agreement will be for eight months, May 1, 2015 – December 31, 2015 (the “Term”). Tenants must provide Landlord with 90 days’ notice to request a renewal of the Agreement for the Premises. Landlord, in its sole discretion, may decide that a Renewal Term is not necessary and in the best interests of the City. Renewal of the Agreement must be authorized by written consent of the Parties and must be authorized by the City Council. SECTION 3. RENT A. RATE: Tenants agree to pay Landlord an annual rental payment (the “Rent”) in accordance with the following schedule: 1. For the period of May 1st – December 31st (eight months), the Rent rate is $[RENT RATE] per month, for total Rent of $[TOTAL RENT] for the eight months. B. PAYMENTS. The Rent outlined in Section 3[A][1] above shall be paid in accordance with said Section. C. Any and all Rent PAYMENTS under this Lease shall be mailed to: City of Evanston Parks, Recreation, and Community Services Department 2100 Ridge Avenue, First Floor Evanston, IL 60201 674 of 722 3 D. PROPERTY FEES SCHEDULE: Attached as Exhibit B is a schedule of fees for all tenants of the Property, if applicable, including Tenant (“NCAC Property Fees”). To the extent incurred by Tenant, the NCAC Property Fees specified on the fee schedule will be invoiced separately and shall be paid by the due date listed on the invoice. To the extent incurred by Tenants, the NCAC Property Fees are to be paid by Tenants regardless of the applicable rental rate specified in Section 3 [A]. Tenants acknowledges that they will reimburse the City for use of the Common Facilities (as specified on Exhibit B) after the standard business hours set by the City and the Association, which hours shall not be less than the following hours throughout the Term (including any Extended Term): 8:00 a.m. – 11:00 p.m. Monday – Friday; 8:30 a.m. – 11:00 p.m. on Saturday; and 10 a.m. – 6:00 p.m. on Sunday (the “Business Hours”). E. SURCHARGE: 1. Tenant acknowledges and agrees that all non-Evanston residents (individuals only) are assessed a 20% surcharge on rent. The 20% surcharge will not be applicable to non-Evanston resident Sub-lessees if the Lessee (individuals only) is an Evanston resident. The 20% surcharge is applicable to a non-Evanston resident Sub- lessee only if and when the Sub-lessee assumes the remainder of the entire lease or a co-lease, or upon termination by Lessee or the Lessor. In order for an Organization to be exempt from incurring a 20% surcharge, its principal place of business must be in Evanston. Organizations must attach Articles of Incorporation to this Lease. 2. Monthly rental charges assessed to Sub-lessees will not be in excess of one-half the rent charged to Lessee by the Lessor. A written sublease agreement between the Lessee and Sub-lessee must be given to the Lessor covering the lease terms prior to Sub-lessee’s use of space. The sublease agreement must include the payment schedule and the dollar amount paid by Sub-lessee to Lessee. Community service obligations assessed to Sub-lessee are in addition to the full obligation assessed to Lessee. Therefore, the Community Engagement obligations assessed to Lessee will not decrease as a result of a sublease. SECTION 4. COMMON FACILITIES A. MAINTENANCE BY LANDLORD: Tenants acknowledge that they have leased the Premises for many years and receive the Premises, Common Facilities and remainder of the Property in as-is condition, and acknowledge that the Landlord has made no representations to the condition or has made any repairs to same. The Landlord or Landlord’s staff or other representatives have made no representations or assurances that it will alter or remodel the Premises or Property. Landlord shall, when necessary, as determined by Landlord, in its reasonable discretion or when required by applicable laws, perform, repair and maintain all of the following: 1. Exterior maintenance, including the foundation, exterior walls, slab, common area doors and roof; 2. A refuse container to be shared by all tenants in the Property to be located at the Property in reasonable proximity to the Premises. Landlord will contract, to have trash hauled from such container with reasonable frequency; 675 of 722 4 3. Electric facilities and systems, gas facilities and systems and the HVAC unit(s) and systems (including the portions of such systems serving the Premises exclusively); 4. Plumbing and water facilities and systems (including the portions of such systems serving the Premises exclusively); 5. Fire and life safety systems and fire alarm systems, including inspections thereof (including the portions of such systems serving the Premises exclusively); 6. Hallways, stair rails, and related elements, and restrooms and other Common Facilities, including the parking lot serving the Property; 7. Snow and ice removal, including salting, from front walkway of Premises and parking spaces in front of the Property within 48 hours of any snow event with accumulation of an 1 inch or more; and 8. Change light bulbs, ballasts and tubes in any fluorescent or comparable light fixtures in the Premises. Notwithstanding the foregoing, Tenant will change light bulbs, ballasts and tubes which are considered specialty lighting and related to performance activities. 9. Maintain the HVAC units in the Premises, the HVAC units are the property of the Landlord and shall remain in the Premises at the end of the Term. B. MAINTENANCE BY TENANTS: 1. Interior non-structural Premises maintenance and all fixtures and property within the Premises other than (a) utility, HVAC or fire/life safety facilities and systems and (b) any items Landlord is required to maintain pursuant to Section 4[A]; 2. All refuse from Premises to be placed in appropriate containers and Tenants cannot dispose of construction building materials in the standard refuse containers and must arrange for special pick-ups and containers for said materials; 3. The Tenants will at all times maintain all of the Premises in a clean, neat and orderly condition. The Tenants will not use the Premises in a manner that will violate or make void or inoperative any policy of insurance held by the Landlord. The Tenants shall pay the Landlord for overtime wages for staff and for any other related expenses incurred in the event that repairs, alterations or other work in the Premises required or permitted hereunder are not made during ordinary Business Hours (as defined in Section 3[E]) at the Tenant’s request. 4. Tenants will keep the interior non-structural portions of the Premises, including all interior, non-structural walls, surfaces and appurtenances (other than systems and any other items that Landlord is required to maintain pursuant to Section 4[A]), in good repair. Tenants shall be responsible for repairs, damages and losses for damages sustained outside the Premises to other NCAC tenant’s personal property or leased area attributable to Tenant’s negligence or intentional misconduct, subject to Section 12[E]. All such damage must be reported in writing to the Director of Parks, 676 of 722 5 Recreation and Community Services, or his/her designee, by the next City of Evanston business day, after discovery of such damage by Tenants. 5. Repairs by Tenants must have prior written approval by the Director of Parks, Recreation and Community Services, or his or her designee, and must occur within thirty (30) days of such approval unless the Director of Parks, Recreation and Community Services, or his or her designee, gives a prior written request or grants approval for an extension beyond the thirty (30) days (or unless such repairs cannot reasonably be completed within thirty (30) days, in which case, Tenant shall have such additional time as is reasonably required). If Tenants fail to make the necessary repairs by the date determined by the Lessor, the Landlord has the option to make the necessary repairs and Tenants agree to promptly pay for those repairs upon presentation of an invoice by the Landlord to the Tenant. Tenants are required upon lease termination to leave space in good repair and condition. Maintenance and repair issues which constitute a life and safety hazard must be corrected within twenty-four (24) hours after discovery by Tenants, provided that the issue can be fixed within that time frame. If the issue cannot be fixed within twenty-four (24) hours after discovery by Tenants, the Tenants must provide a schedule for repair within one (1) business day after discovery by Tenants to the Director of Parks, Recreation and Community Services for approval, which cannot be unreasonably withheld. SECTION 5. USE OF PREMISES A. PURPOSES: Tenants will use the Premises to operate a [TENANT SPECIFIC USE OF PREMISES], and other related business and uses incidental thereto, and no part of the Premises will be used for any other purpose without the prior written consent of Landlord (the “Permitted Use”). If Tenants endeavors to apply for a liquor license for the Premises, the Landlord gives its written consent for said application to be submitted and reviewed by the City in conformance with the City Code procedures, as amended. The City agrees to cause such license to be granted if Tenants meets applicable requirements. B. HOURS OF OPERATION AND LANDLORD ACCESS: 1. Tenant’s use of the Premises shall only be for the permitted use. Tenants shall have the right to conduct their business in the Premises during the Business Hours (as defined in Section 3[E]) of the Property. In addition, Tenants’ staff, agents, employees and contractors may access the Premises twenty-four hours a day, seven days a week, but shall not have access to the interior Common Facilities after the Business Hours (as defined in Section 3[C]) of the Property. The Property will be closed on holidays/days as observed by the City of Evanston (but Tenants will still have access to the Premises). 2. The Landlord shall have the right to retain a set of keys to the Premises, and Tenants shall not change any locks for the Premises to any other lock, other than a lock consistent with the Landlord’s master lock for the Property. The Tenants shall permit the Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises concealed to the greatest extent possible, above ceiling, under floor or in walls that don’t reduce the square footage of the Premises and don’t materially affect Tenants’ use of the Premises. The Landlord shall have the right to enter upon the Premises with 24 hours prior written notice or without notice in case of an emergency, to control heat, electricity and air conditioning, to inspect the same, and to make such 677 of 722 6 repairs, alterations, improvements or additions to the Premises or the NCAC, as the Landlord may deem necessary or desirable. Tenants will not cease any Rent payments while repairs, alterations, improvements, or additions are being made, by reason of loss or interruption of business of the Tenants, or otherwise, provided Landlord shall complete such work as quickly as reasonably possible. Notwithstanding the foregoing, if a portion of the Premises is unusable for the purpose contemplated hereunder for a period of greater than 5 days (including, without limitation, as a result of a casualty or a condemnation or the repairs required in connection therewith), the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the Premises bears to the whole. The determination of the unusable space shall be reasonably determined by the Landlord based on square footage. Notwithstanding anything to the contrary contained herein, Landlord shall not have the right to alter the Premises except as expressly required or permitted hereunder. Notwithstanding the foregoing, if the repairs, alterations, improvements, or additions are at a Tenant’s request or if the repairs are necessitated by a Tenant’s actions, then the Tenants may not cease any rent for any period, unless the Premises are unusable as a result of the negligence or intentional misconduct of Landlord or its agents, employees or contractors. If a Tenant shall not be personally present to open and permit an entry into Premises, at any time, when for any reason an entry therein shall be necessary or permissible, the Landlord or the Lessor's agents may enter the same by using the key, or may forcibly enter the same, without rendering the Landlord or such agents liable therefore (if during such entry the Landlord or the Lessor's agents shall accord reasonable care to Tenants’ property), and without in any manner affecting the obligations and covenants of this Lease. 3. Nothing herein contained, however, shall be deemed or construed to impose upon the Landlord any obligations, responsibility or liability whatsoever, for the care, supervision or repair of the Premises or any part thereof, other than as herein provided. The Landlord shall also have the right at any time without the same constituting an actual or constructive eviction and without incurring any liability to the Tenants therefore, to change the arrangement and/or location of Common Facilities, including entrances or passageways, doors and doorways, and corridors, stairs, toilets or public parts of the NCAC, and to close Common Facilities (as and when reasonably necessary for Landlord to perform its obligations hereunder or exercise its rights or as necessary due to Force Majeure), including entrances, doors, corridors or other facilities. The Landlord shall not be liable to the Tenants for any expense, injury, loss or damage resulting from work done by persons other than the Landlord in or upon, or the use of, any adjacent or nearby building, land, street, or alley. C. LOCKING OF PREMISES: All doors to the Premises must be kept locked at all times except during the Business Hours (as defined in Section 3[E]). Tenants shall not open the door to anyone in the late hours. The door may not be propped open for any reason. During normal Business Hours (as defined in Section 3[E]) for the Property, patrons and users of the Property shall have access to the Common Facilities. Tenants shall not have use of Common Facilities after the Business Hours (as defined in Section 3[E]) unless Tenant pays the Facilities Fee (as specified in Exhibit B) for keeping the Property and the Common Facilities open. D. STORAGE OF INFLAMMABLE MATERIALS: Tenants agree that they will not permit to be kept at the Premises any gasoline, distillate or other petroleum product, or other substance of an explosive or inflammable nature as may endanger any part of the premises 678 of 722 7 without the written consent of the Landlord, provided that Tenants can maintain customary cleaning products in the Premises. E. USE IMPAIRING STRUCTURAL STRENGTH: The Tenants will not permit the Premises to be used in any manner that will impair the structural strength of the Premises, or permit the installment of any machinery or apparatus the weight or vibration of which may tend to impair the building’s foundations or structural strength. F. GARBAGE DISPOSAL: The Tenants will not incinerate any garbage or debris in or about the Premises, and will cause all containers, rubbish, garbage and debris stored in the Premises to be placed in the refuse container supplied by Landlord for the Property before accumulation of any substantial quantity. G. PUBLIC REGULATIONS: In the conduct of its business on the Premises, Tenants will observe and comply with all laws, ordinances and regulations of public authorities. Tenants acknowledge that the Property is owned by the City of Evanston and therefore no smoking will be permitted at the Property. H. OTHER MISUSE: Tenants will not permit any unlawful or immoral practice with or without his knowledge or consent, to be committed or carried on in the Premises by Tenants or any other person. Tenant will not use or allow the use of the Premises for any purpose whatsoever that will injure the reputation of the Premises or of the building of which they are a part. I. PARKING REGULATIONS: The NCAC has a total of fifty (50) parking spaces, consisting of thirty-five (35) permit spaces (including four [4] marked for compact cars) and twelve (12) metered spaces and three (3) handicapped spaces in the Property parking lot, which is Lot #51 and is immediately adjacent to the Premises (the “Property Parking Lot”). The Landlord acknowledges that it will not decrease the total number of parking spaces in the Property Parking Lot during the Lease Term, but Landlord reserves the right to reconfigure the parking lot and/or increase the parking spaces. For the permit parking spaces, annual parking permit fees shall be in accordance with the schedule previously referenced as Exhibit B and be billed separately. Parking permit fees are not prorated and will change over the Term of the Lease at the discretion of the Landlord. All annual parking permits issued will be billed on a monthly basis and are not returnable with the exception of permits which are transferred. There will be a $25.00 transfer fee assessed for all annual permits which are to be reissued unless: 1) the old permit or remnants of the old permit is returned displaying the lot number and the permit number minimally; or 2) proof that the vehicle was sold by producing a bill of sale. Monthly and annual parking permits for the Property Parking Lot are authorized only for Leaseholders, Sub-Tenants, staff and/or students attending classes at Noyes on a regular basis and Landlord will not permit businesses (or other invitees) outside of the NCAC to get permits for the Property Parking Lot. Use of permits is on a first-come, first serve basis for spaces available in the Property Parking Lot. Parking permits are not to be transferred to vehicles other than the vehicle for which the permit was issued unless prior written approval by the Director of Parks, Recreation and Community Services is obtained. Parking Permit privileges will be considered by the Director of Parks, Recreation and Community Services or designee for other regular NCAC users on a case-by-case basis. All Authorization Forms must be signed by Tenants or their authorized designee(s), and by an NCAC staff member before parking permits can be purchased. Temporary one-day parking permits are available for individuals attending special functions at the NCAC, and for visitors and others using the NCAC, who are pre- 679 of 722 8 approved by the Director of Parks, Recreation and Community Services or designee. Temporary parking permits are not available to parents or caregivers waiting for students attending classes or to attendees of performances. Tenants understand, and will inform their staff, students and patrons to observe all posted parking regulations. Parking permits will not be issued to individuals with an expired driver’s license. Landlord will maintain the current parking lot serving the Property as a parking lot throughout the term of this Lease. SECTION 6. SIGNS Tenants may apply for signage (temporary and permanent signage) for the exterior and interior of the Premises, at its own expense, in order to conduct the business of Tenants. Tenants acknowledge that there are limitations from the City of Evanston Municipal Code of 2012, as amended, and the Code governs the application process and the details regarding size, type, and number of signs and Tenants agree to be bound by such ordinances. Landlord cannot make representations in a lease agreement that Tenants shall be entitled additional signage, a certain number of signs and/or dimensions of proposed signage, because the Tenants must make an application to the Sign Review Board, as provided by Code, but Landlord will not withhold its consent to a reasonably sized sign over the new entrance to the Premises. SECTION 7. DEFECTS; DEFECTIVE CONDITION; WIND; ACTS OF THIRD PERSONS Except as provided by Illinois law and except to the extent arising from the negligence or intentional misconduct of Landlord or its agents, employees or contractors, or from the breach of this Lease by Landlord, Landlord will not be liable to Tenants for any damage or injury to Tenants or Tenants’ property occasioned by the failure of Landlord to keep the Premises in repair, and shall not be liable for any injury done or occasioned by wind or by or from any defect of plumbing, electric wiring or of insulation thereof, gas pipes, water pipes or steam pipes, or from broken stairs, porches, railings or walks, or from the backing up of any sewer pipe or down-spout or from the bursting, leaking or running of any tank, tub, washstand, water closet or waste pipe, drain, or any other pipe or tank in, upon or about the Premises or the building of which they are a part nor from the escape of steam or hot water from any radiator, nor for any such damage or injury occasioned by water, snow or ice being upon or coming through the roof, skylight, trap door, stairs, walks or any other place upon or near the Premises, or otherwise, nor for any such damage or injury done or occasioned by the falling of any fixture, plaster, or stucco, nor for any damage or injury arising from any act, omission or negligence or co-tenants or of other persons, occupants of the same building or of adjoining or contiguous buildings or of owners of adjacent or contiguous property, or of Landlord’s agents or Landlord, all claims for any such damage or injury being hereby expressly waived by Tenants. Notwithstanding the foregoing, if any portion of the Premises unusable for the purpose contemplated hereunder for a period of greater than 5 days, the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the Premises bears to the whole. The determination of the unusable space shall be reasonably determined by the Landlord based on square footage. SECTION 8. CASUALTY DAMAGE; REPAIRS; ABATEMENT OF RENT A. USE OF PARTIALLY DAMAGED PREMISES: On damage or destruction by a casualty to the Premises, Tenants will continue to use them for the operation of its business to the extent practicable 680 of 722 9 B. RIGHT TO TERMINATE ON DESTRUCTION OF TWO-THIRDS OF PREMISES: Either Party will have the right to terminate this Agreement if, the Premises is damaged by a casualty to an extent exceeding two-thirds of the reconstruction cost of the Premises as a whole. If such damage occurs, this termination will be affected by written notice to the other Party, delivered within 90 days of the damage. C. REPAIRS BY LANDLORD: If the Premises are damaged by a casualty before or after the start of the Agreement, then Landlord will immediately, on receipt of insurance proceeds paid in connection with casualty damage, but no later than sixty days after damage has occurred, proceed to repair the Property. Repairs will include any improvements made by Landlord or by Tenants with Landlord’s consent, on the same plan and design as existed immediately before the damage occurred, subject to those delays reasonably attributable to governmental restrictions or failure to obtain materials, labor or other causes, whether similar or dissimilar, beyond the control of Landlord. Materials used in repair will be as nearly like original materials as reasonably procured in regular channels of supply. Wherever cause beyond the power of the party affected causes delay, the period of delay will be added to the period in this lease for completion of the work, reconstruction or replacement. D. REDUCTION OF RENT DURING REPAIRS: If a portion of the Premises is unusable for the purpose contemplated hereunder for a period of greater than 5 days, the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the Premises bears to the whole. The determination of the unusable space shall be reasonably determined by the Landlord based on square footage No rent will be payable while the Premises is wholly unoccupied pending the repair of casualty damage. E. FIRE AND CASUALTY. If the Premises are entirely destroyed by fire or another act of God, and Landlord elects to not rebuild the Premises, then this Agreement shall be terminated effective as of the date of the casualty. SECTION 9. REPAIRS AND MAINTENANCE Except to the extent any of the following is Landlord’s obligation pursuant to Section 4[A], Tenants shall keep the interior, non-structural portions of the Premises in a clean condition, and in good repair, all according to the statutes and ordinances in such cases made and provided, and the directions of public officers thereunto duly authorized, all at Tenants’ own expense, and shall yield the same back to Landlord, upon the termination of this Agreement, whether such termination shall occur by expiration of the term, or in any other manner whatsoever, in the same condition of cleanliness and repair as at the date of the execution hereof, loss by fire and reasonable wear and tear excepted. Except to the extent any of the following is Landlord’s obligation pursuant to Section 4[A], Tenant shall make all necessary repairs and renewals upon Premises and replace broken fixtures with material of the same size and quality as that broken. If, however, the Premises shall not thus be kept in good repair and in a clean condition by Tenants, as aforesaid, Landlord may enter the same, or by Landlord’s agents, servants or employees, without such entering causing or constituting a termination of this Agreement or an interference with the possession of the Premises by Tenants, and Landlord may replace the same in the same condition of repair and cleanliness as existed at the date of execution hereof, and Tenants agree to pay Landlord, in addition to the rent hereby reserved, the expenses of Landlord in thus replacing the Premises in that condition. Tenants shall not cause or permit any waste, misuse or neglect of the water, or of the water, gas or electric fixtures. 681 of 722 10 Tenants will also be in compliance with all laws and regulations during the entire term of this Agreement, except for repairs required of the Landlord to be made and damage occasioned by fire, hurricane or other causes as provided for in this Agreement. SECTION 10. UTILITIES Landlord agrees to pay before delinquency all charges for gas, water, heat, electricity, power and other similar charges incurred by Landlord or Tenants with respect to the Premises or the Property during the Term of this Agreement and Tenants’ occupancy of the Premises. SECTION 11. TAXES If applicable, Tenants will pay before delinquency all taxes levied on Tenants’ fixtures, equipment and personal property on the demised Premises, whether or not affixed to the real property. Landlord will pay all real estate taxes for the Property. SECTION 12. INSURANCE A. INSURANCE COMPANIES: It is agreed that any policies of insurance to be maintained by the respective parties will be obtained from good and solvent insurance companies. Only companies with an “A” Policyholder’s Rating with the Alfred Best Company will be acceptable. B. TENANT TO OBTAIN LIABILITY INSURANCE: Tenants agree that they will, at their expense, maintain a policy of insurance, written by responsible insurance carriers, approved by Landlord that will insure Tenants against liability for injury to or death of persons or damage to property occurring about the Premises. Landlord will be named as an additional insured. The liability under insurance will be at least $1 million for any one person injured or killed or any one occurrence, $2 million general aggregate coverage for any one accident, and $ 100,000.00 property damage. Tenants will obtain an endorsement and Certificate of Insurance naming the Landlord as an additional insured from Tenants’ carrier (during the term of the Lease, including Premises Improvement construction) and all contractors during the construction of the Premises Improvements and any other renovation or construction at the Premises. Annually, Tenant shall provide copies of the insurance policy and all endorsements thereto to Landlord. Tenant shall send the policy to the Law Department on or before May 1, 2015 and January 1st every year thereafter this Lease is in effect. If the Tenant fails to comply with this requirement, that shall constitute a default by Tenant. C. TENANTS TO OBTAIN WORKER’S COMPENSATION INSURANCE: Tenants agree to maintain employees’ Worker’s Compensation insurance required under Illinois law. D. TENANTS TO OBTAIN INSURANCE ON FIXTURES AND EQUIPMENT: The Tenants agree to maintain on all trade fixtures and personal property in the Premises, a policy of insurance approved by the Landlord of at least 90% of the insurable replacement value of all trade fixtures and personal property. E. LANDLORD TO OBTAIN FIRE INSURANCE ON PREMISES: Landlord agrees to maintain during this Agreement, a policy of property insurance covering any peril generally included in the classification ISO Causes of Loss – Special Form (a “Special Form Policy”) and covering at least 80% of the full replacement cost of the Premises and Property (or Landlord may self-insure for such coverage). If permitted without additional charge, Landlord will cause to 682 of 722 11 be endorsed on its property insurance, and any extended coverage policy or policies, the waiver of right of subrogation. Landlord hereby agrees to waive any claims against Tenant and its agents and employees to the extent the same could be covered by a Special Form Policy, regardless if the same is maintained by the City. F. TENANTS’ WAIVER OF CASUALTY INSURANCE PROCEEDS: If the Premises are damaged by fire or other casualty insured against, Tenants agree to claim no interest in any insurance settlement arising out of any loss where premiums are paid by Landlord, or where Landlord is named as sole beneficiary, and that it will sign all documents required by Landlord or the insurance company necessary in connection with the settlement of any loss. G. CONTROL OF INSURANCE PROCEEDS TO AVOID TAXABLE GAIN: If the Premises, including any improvements, were to be damaged in any manner, and the receipt of any insurance proceeds or other reimbursement for such damage would result in the realization of taxable gain for federal or state purposes, then the party to whom the gain would be taxed will have the right to take all action respecting proceeds or reimbursements necessary to enable party to comply with any regulations of the appropriate taxing authorities, so that the gain will not be recognized for tax purposes. Nothing here will be construed to entitle Landlord to delay any repairs to any part of the improvements in the event of damage. H. TENANTS’ FAILURE TO INSURE: Should Tenants fail to keep in effect and pay for insurance as required by this section, the Landlord may terminate this Lease immediately. SECTION 13. SUBLETTING; ASSIGNMENT The Tenants shall be allowed to sublet a portion of the Premises to another entity or individual(s) (“Sub-Tenant”) for a period of eighty nine (89) days or less in conformance with the original use stated in Section 5[A] and Tenants do not need the Lessor’s consent. If the Tenants seek to sublet a portion of the Premises to a Sub-Tenant for a period of time ninety (90) days or more, then the Tenants must have the written consent of the Landlord and such consent shall not be unreasonably withheld. For all subleases, the Tenants shall obtain a certificate of insurance from the Sub-Tenant prior to commencement of the sublease, naming the City of Evanston as an additional insured for the period of occupancy. If Tenant, or any one or more of the Tenants, if there be more than one, shall make an assignment for the benefit of creditors, or shall file for bankruptcy protection, Landlord may terminate this Agreement, and in such event Tenant shall at once pay Landlord a sum of money equal to the entire amount of rent reserved by this Agreement for the then unexpired portion of the term hereby created less the reasonable rental value (as defined in Section 17[G] below) of the Premises as liquidated damages. At Landlord’s option, should Landlord consent to any assignment or sublease of the demised Premises, Tenant shall nevertheless remain liable for all terms and conditions of this Agreement until the expiration of the Agreement term stated above. SECTION 14. SURRENDER OF PREMISES; HOLDING OVER Tenants will, at the termination of this Lease, leave the Premises in as good condition as they are in at the time of entry by Tenants, except for reasonable use and wear, acts of God, or damage by casualty beyond the control of Tenants. On vacating, Tenants will leave the Premises clear of all rubbish and debris. If Tenants retain possession of the Premises or any part thereof after the termination of the term by lapse of time or otherwise, then Landlord may at its option within thirty days after termination of the term serve written notice upon Tenants that 683 of 722 12 such holding over constitutes the creation of a month to month tenancy, upon the terms of this Agreement. Tenants shall also pay to Landlord all damages sustained by Landlord resulting from retention of possession by Tenants. The provisions of this paragraph shall not constitute a waiver by Landlord of any right of re-entry as hereinafter set forth; nor shall receipt of any rent or any other act in apparent affirmation of tenancy operate as a waiver of the right to terminate this Agreement for a breach of any of the covenants herein. SECTION 15. INDEMNIFICATION AND LIENS A. LIENS AND ENCUMBRANCES: The Tenants will hold the Landlord harmless from all claims, liens, claims of lien, demands, charges, encumbrances or litigation arising out of any work or activity of Tenants on the Premises. Tenant wills, within sixty (60) days after filing of any lien, fully pay and satisfy the lien and reimburse Landlord for all resulting loss and expense, including a reasonable attorney’s fees. Provided, however, in the event that Tenants contest any lien so filed in good faith and pursues an active defense of said lien, Tenants shall not be in default of this paragraph. However, in the event of any final judgment against Tenants regarding such lien, Tenants agree to pay such judgment and satisfy such lien within 60 days of the entry of any such judgment. B. DISCHARGE OF LIEN: If Tenants fail to fully discharge any claim, lien, claim of lien, demand, charge, encumbrance, or litigation, or should proceedings be instituted for the foreclosure of any lien or encumbrance, and if judgment is rendered against Tenants either by a court of competent jurisdiction or by arbitration and Tenants still persists in non-payment of the same within the 60 days set forth above, Landlord will have the right at any time after expiration of the 60-day period, to pay the lien or encumbrance. All amounts so paid will be repaid by the Tenants on demand, together with interest at the rate of __10__% per year from the date of payment and shall be considered additional rent owed to Landlord by Tenants. C. INDEMNIFICATION OF LANDLORD: Except as otherwise provided in this Agreement, and except to the extent caused by the negligence or willful misconduct of Landlord, or its agents, employees or contractors, or by the breach of this Lease by Landlord, Tenants shall protect, defend, indemnify and save Landlord and its officers, directors, agents, attorneys, and employees harmless from and against any and all obligations, liabilities, costs, damages, claims and expenses of whatever nature arising from (i) any matter, condition or thing that occurs in the Premises, which is not the result of Landlord’s negligence or willful misconduct, or (ii) any negligence or willful misconduct of Tenants, or their agents, employees or contractors. D. INDEMNIFICATION OF TENANTS. Except as otherwise provided in this Agreement, and except to the extent caused by the negligence or willful misconduct of Tenants, or its agents, employees or contractors, or by the breach of this Lease by Tenants, Landlord shall protect, defend, indemnify and save Tenants and their officers, directors, agents, attorneys, and employees harmless from and against any and all obligations, liabilities, costs, damages, claims and expenses of whatever nature arising from (i) any matter, condition or thing that occurs in the Common Facilities, which is not the result of Tenants’ negligence, or willful misconduct or (ii) any negligence or willful misconduct of Landlord, or its agents, employees or contractors. SECTION 16. LANDLORD’S RIGHT OF INSPECTION AND REPAIRS Tenants shall allow Landlord or any person authorized by Landlord reasonable access to the Premises during the Business Hours (as defined in Section 3[E]) for the purpose of 684 of 722 13 examining or exhibiting the same, or to make any repairs or alterations thereof which Landlord may see fit to make (provided that Landlord cannot make voluntary alterations or modifications to the Premises without Tenant’s consent). If the Tenants do not exercise the Option to renew the Lease and/or will be vacating the Premises at or prior to the end of the Term, Tenants will also allow Landlord to have placed upon the Premises at all times notices of “For Sale” and/or “For Rent” and Tenants will not interfere with the same. SECTION 17. DEFAULT AND REMEDIES A. EVENT OF DEFAULT: Any one of the following events shall be deemed to be an event of default hereunder by Tenants subject to Tenants’ right to cure: 1. Tenants shall fail to pay any item of Base Rent at the time and place when and where due and does not cure such failure within five (5) business days after Rent is due; 2. Tenants shall fail to maintain the insurance coverage as set forth herein; 3. Tenants shall fail to comply with any term, provision, condition or covenant of this Lease, other than the payment of rent, and shall not cure, any such failure, within fifteen (15) days after written notice to the Tenants of such failure; 4. Tenants shall make a general assignment the benefit of creditors, or shall admit in writing its inability to pay its debts as they become due or shall file a petition in bankruptcy; or B. OCCURRENCE OF AN EVENT: Upon the occurrence of any event of default, Landlord shall have the option to pursue any one or more of the following remedies subject to the laws of the State of Illinois and the Tenants’ right to cure: 1. Terminate this Lease, in which event Tenants shall immediately surrender the Premises to Landlord, but if Tenants fail to do so, Landlord may, without further notice and without prejudice to any other remedy Landlord may have for possession or arrearages in rent, or damages for breach of contract, enter upon the Premises and expel or remove and with or without notice of such election or any notice or demand whatsoever, this Agreement shall thereupon terminate and upon the termination of Tenants’ right of possession, as aforesaid, whether this Agreement be terminated or not, Tenants agree to surrender possession of the Premises immediately, without the receipt of any demand for rent, notice to quit or demand for possession of the Premises whatsoever and hereby grants to Landlord full and free license to enter into and upon the Premises or any part thereof, to take possession thereof with or (to the extent permitted by law) without process of law, and to expel and to remove Tenants or any other person who may be occupying the Premises or any part thereof, and Landlord may use such force in and about expelling and removing Tenants and other persons as may reasonably be necessary, and Landlord may re-possess itself of the Premises, but such entry of the Premises shall not constitute a trespass or forcible entry or detainer, nor shall it cause a forfeiture of rents due by virtue thereof, nor a waiver of any covenant, agreement or promise in this Agreement contained to be performed by Tenants. Tenants agree to indemnify Landlord for all loss and damage which Landlord may suffer by reason of such lease termination, whether through inability to re-let the Premises, or through decrease in Rent, or otherwise. 685 of 722 14 2. Landlord may recover from Tenants upon demand all of Landlord’s costs, charges and expenses, including the fees and costs of counsel, agents and others retained by Landlord which have been incurred by Landlord in enforcing Tenants’ obligations hereunder, subject to Landlord prevailing on its claims. 3. Pursuit of any of the foregoing remedies shall not preclude pursuit of any other remedy herein provided or available to Landlord at law or in equity, or constitute a forfeiture or waiver of any Rent due hereunder or of any damages suffered by Landlord. C. REPOSSESSION OR RELETTING NOT A TERMINATION; LANDLORD’S RIGHT TO TERMINATE NOT FORFEITED: No repossession, operation or re-letting of the Premises or of fixtures and equipment will be construed as an election by Landlord to terminate this Agreement unless a written notice is given by the Landlord to the Tenants. The Landlord may terminate this Agreement if the Tenants remain in default (beyond any applicable notice and cure period). The acceptance of rent, whether in a single instance or repeatedly, after it falls due, or after knowledge of any breach hereof by Tenants, or the giving or making of any notice or demand, whether according to any statutory provision or not, or any act or series of acts except written waiver, shall not be construed as a waiver of Landlord’s rights to act without notice or demand or of any other right hereby given Landlord, or as an election not to proceed under the provisions of this Agreement. D. TENANTS’ OBLIGATION TO PAY DEFICIENCIES: If rentals received by the Landlord from re-letting the Premises under the provisions of this section are insufficient to pay all expenses and amounts due, Tenants will pay any deficiencies to the Landlord on demand and be declared in default for failure to pay. E. LANDLORD’S RIGHT TO PERFORM TENANTS’ DUTIES AT TENANTS’ COST: If in Landlord’s judgment any default by Tenants will jeopardize the Premises or the rights of Landlord, Landlord may, without notice, elect to cure Tenants’ default and Tenants will reimburse Landlord, with interest, on 10-days’ notice by Landlord to Tenants. F. LANDLORD’S RIGHT TO TERMINATE AGREEMENT: If there is an event of default by Tenants as stated in Paragraph A of this section, Landlord may, without further notice, terminate this Agreement and all interest of Tenants and may take possession of the Premises by legal proceedings. G. LANDLORD’S RIGHT ON TERMINATION TO RECOVER AMOUNT EQUAL TO RENT RESERVED: If this Agreement is terminated by Landlord due to any event of default by Tenants, Landlord will be entitled to recover from Tenants, at termination, the excess, if any, of the rent reserved in this Agreement for the balance of the term over the reasonable rental value of the Premises for the same period. The “reasonable rental value” will be the amount of rental Landlord can obtain as rent for the balance of the term. H. LANDLORD’S REMEDIES CUMULATIVE: All of the remedies given to Landlord in this Agreement or by law are cumulative, and the exercise of one remedy by the Landlord will not impair its right to exercise any other right or remedy. Landlord shall not look to the property or assets of any direct or indirect partner, member, manager, shareholder, director, officer, principal, employee or agent of Tenants in seeking either to enforce Tenants’ obligations under this Agreement or to satisfy a judgment for Tenants’ failure to perform such obligations; and none of such parties shall be personally liable for the performance of Tenants’ obligations under this Agreement. 686 of 722 15 SECTION 18. TENANT OBLIGATIONS TO COMMUNITY AND ASSOCIATION A. NOYES CENTER TENANT’S ASSOCIATION: The Tenants acknowledge and agree that it has the right to be a member of the Noyes Center Tenant’s Association (the “Association”) formed by the tenants of the Property. The Association will provide advisory guidance and opinions to City staff on many issues, including, tenant responsibilities and duties with respect to the Property and its Common Area. The Association is structured to focus on certain tasks and advise the City on issues such as the following examples: (a) Provide answers to general questions about offerings by Noyes tenants and directions to studios; (b) Review requirements for community engagement of tenants as needed and make recommendations to the City for any additions or changes; (c) Review any subleases of tenantsof ninety (90) days duration or more; (d) Review proposed annual operating budget for Center and proposed rental increases; (e) Review annual and five year capital improvement program for Center and make recommendations to City on spending priorities; and (f) Together with the Evanston Arts Council, review applications of new tenants at Noyes and make recommendations to City on spending priorities. B. COMMUNITY ENGAGEMENT: Tenants will develop reasonable set programs (e.g. donated tickets for certain events, community theater events [including use of theater or other portions of the Premises by other not-for-profit organizations, and scholarships) to be a steward for the arts in the community. By June 1, 2015, the Tenants will have an action plan developed to address its community engagement program and review its proposed program in consultation with the City Manager and the NCAC Association. If Tenants do not provide an action plan within the time period provided or provide the community engagement programs established between the parties, the Landlord shall send written notice of default, providing Tenants with 14 (fourteen) days to cure the default. The annual value of the Community Engagement provided by Tenants shall be not less than $[MINIMUM COMMUNITY ENGAGEMENT AMOUNT] for the period between May 1, 2015 through December 31, 2015 (“Minimum Community Engagement”). Any overage provided by Tenants above the Minimum Community Engagement level for either of the prior two (2) years can be applied as a credit to any deficiency for the current calendar year. If Tenants do not provide the Community Engagement by June 1, 2015 as required and does not cure the default within 15 days of written notice, then Tenants shall pay Landlord a fee equal to 15% of the eight month’s rent outlined Section 3[A] ($[INSERT 15% OF 8 MONTHS RENT]) less the value of the Community Engagement provided during the calendar year. SECTION 19. REMOVAL OF OTHER LIENS In event any lien upon Landlord’s title results from any act or neglect of Tenants and Tenants fail to remove said lien within thirty (30) days after Landlord’s notice to do so, Landlord may remove the lien by paying the full amount thereof or otherwise and without any investigation or contest of the validity thereof and Tenants shall pay Landlord upon request the amount paid out by Landlord in such behalf, including Landlord’s costs, expenses and attorney’s fees. If Tenants demonstrate to Landlord that Tenants are contesting the validity of said lien in good faith, then Landlord shall allow Tenants to so contest such lien until either Tenant either abandons such contest or a final verdict is reached in a court of competent jurisdiction. Any amount advanced on behalf of Tenants shall be paid to Landlord by Tenants within 30 days after such advancement is made together with interest at 9% per annum and such amount shall be considered additional rentals (including any overage provided in either of the two [2] immediately preceding years). 687 of 722 16 SECTION 20. REMEDIES NOT EXCLUSIVE The obligation of Tenants to pay the rent reserved hereby during the balance of the term hereof, or during any extension hereof, shall not be deemed to be waived, released or terminated, by the service of any five-day notice, other notice to collect, demand for possession, or notice that the tenancy hereby created will be terminated on the date therein named, the institution of any action of forcible detainer or ejectment or any judgment for possession that may be rendered in such action, or any other act or acts resulting in the termination of Tenants’ right to possession of the Premises. The Landlord may collect and receive any rent due from Tenants and payment or receipt thereof shall not waive or affect any such notice, demand, suit or judgment, or in any manner whatsoever waive, affect, change, modify or alter any rights or remedies which Landlord may have by virtue hereof. SECTION 21. EXPENSES OF ENFORCEMENT Tenants, if Landlord is the prevailing party, shall pay upon demand all Landlord’s costs, charges and expenses, including attorney’s fees, agents fees and fees of others retained by Landlord, incurred in enforcing any of the obligations of Tenants under this Agreement, or in any litigation, negotiation or transaction in which Landlord shall, without Landlord’s fault become involved through or on account of any action or omission of Tenants regarding this Agreement. Landlord, if Tenants are the prevailing party, shall pay upon demand all Tenants’ costs, charges and expenses, incurred in enforcing any of the obligations of Landlord under this Agreement, or in any litigation, negotiation or transaction in which Tenant shall, without Tenants’ fault become involved through or on account of any action or omission of Landlord regarding this Agreement. SECTION 22. EMINENT DOMAIN A. MORE THAN 30 PERCENT TAKEN: If 30 percent or more of the Premises are taken for a public or quasi-public use, this Agreement will terminate as of the date of the physical taking, and the Parties will be released from all further liability. B. LESS THAN 30 PERCENT TAKEN: If the taking affects less than 30 percent of the Premises, the Landlord will, with reasonable diligence, proceed at Landlord’s expense to repair the Premises and place them in tenantable condition within 120 days after the date of the actual physical taking. However, if 25% percent or more of the Premises as a whole is taken, the Landlord may elect to terminate this Agreement, notwithstanding that less than 30 percent of the Premises were taken. On termination, the parties will be released from all further liability under this Agreement. C. ABATEMENT OF RENT: During any repair, Tenants will be required to pay only that part of the fixed minimum monthly rental as the area of the tenantable Premises remaining during repairs bears to the entire area leased. On completion of repairs, the fixed minimum monthly rental will be adjusted in proportion to the repaired area, and Tenants will be required to pay the adjusted fixed minimum monthly rental in accordance this Agreement (attributable to the portion of the Premises taken) and the remainder of the fixed minimum monthly rental shall be forever waived and forgiven by Landlord. 688 of 722 17 D. RIGHT TO CONDEMNATION AWARD: Any award made in any condemnation proceeding for the taking of any part of the Premises will be the sole property of Landlord, except that Tenants can make a claim for the unamortized portion of the cost incurred by Tenants for the Premises Improvements. SECTION 23. GOVERNMENTAL INTERFERENCE WITH POSSESSION Except as expressly set forth in Section 25, Tenants will not be released from its obligation should their possession of the Premises be interfered with by adoption of any law, ordinance, resolution, regulation or act of any legal or governmental authority. Further, Tenants will not be released by any order of abatement or judgment preventing use of the premises on the ground that the Premises or the business operated there constitutes a legally recognized nuisance. SECTION 24. PEACEFUL ENJOYMENT Landlord covenants and warrants that it is the owner of the Property and Premises, and that Tenants, on payment of rents and performance of the conditions, covenants, and agreements to be performed by it, may enjoy the Premises without interruption or disturbance. Landlord covenants, represents and warrants that there is no mortgage, deed of trust or similar encumbrance affecting the Property, as of the date hereof. SECTION 25. EFFECT OF WAIVER OF BREACH OF COVENANTS No waiver of any breach of any condition of this Agreement will be construed to be a waiver of any other breach of provision, covenant or condition. SECTION 26. AMENDMENTS TO BE IN WRITING This Agreement may be modified or amended only in writing signed by Landlord and Tenants. It may not be amended or modified by oral agreements between the Parties unless they are in writing duly executed by Landlord and Tenants. SECTION 27. PARTIES BOUND Every provision of this Agreement will bind the parties and their legal representatives. The term “legal representatives” is used in its broadest meaning and includes, in addition to assignees, every person, partnership, corporation or association succeeding to any interest in this Agreement. Every covenant, agreement and condition of this Agreement will be binding on Tenant’s successors and assignees. Any sublease, concession or license agreement will be subject and subordinate to this Lease. SECTION 28. NOTICES All notices or demands that either party may need to serve under this Agreement may be served on the other party by mailing a copy by registered or certified mail to the following addresses for the parties (or at such other address as the applicable party may designate in a written notice to the other party): 689 of 722 18 If to the City: with a copy to: City Manager Corporation Counsel 2100 Ridge Avenue 2100 Ridge Avenue Evanston, IL 60201 Evanston, IL 60201 Fax: 847-448-8083 Fax: 847-448-8093 If to Tenants: [TENANT] 927 Noyes Street Evanston, IL 60201 Service will be deemed complete at the time of the leaving of notice or within 2 days after mailing. In the event that it appears that Tenants are avoiding the service of any notice and is not present at the Premises for a period of more than 14 consecutive days, notices may be served by posting such notice upon the Premises. Notice shall than be deemed effective 5 days after such posting. SECTION 29. MISCELLANEOUS A. Provisions typed on this Agreement and all riders attached to this Agreement and signed by Landlord and Tenant are hereby made a part of this Agreement. B. Tenant shall keep and observe such reasonable rules and regulations now or hereafter required by Landlord, which may be necessary for the proper and orderly care of the building of which the Premises are a part. C. All covenants, promises, representations and agreements herein contained shall be binding upon, apply and inure to the benefit of Landlord and Tenants and their respective heirs, legal representatives, successors and assigns. D. The rights and remedies hereby created are cumulative and the use of one remedy shall not be taken to excuse or waive the right to the use of another. E. The words “Landlord” and “Tenant” wherever used in this Agreement shall be construed to mean Landlords or Tenants in all cases where there is more than one Landlord or Tenant herein; and the necessary grammatical changes shall be assumed in each case as though full expressed. F. This Agreement and any written and signed Amendments and/or Riders hereto shall constitute the entire agreement between the parties, and any oral representations made by one party to the other are considered merged herein. G. In all cases where Landlord’s consent is required, Landlord’s consent shall not be unreasonably withheld. H. This Agreement may be executed in multiple copies, each of which shall constitute an original. 690 of 722 19 SECTION 30. VENUE AND JURISDICTION The Parties agree the this Agreement shall be governed by and interpreted in accordance with the laws of the State of Illinois and that venue for any disputes shall be in the Circuit Court of Cook County, Illinois. SECTION 31. FORCE MAJEURE Other than for Landlord’s and Tenantss obligations under this Lease that can be performed by the payment of money, whenever a period of time is herein prescribed for action to be taken by either party hereto, such time period will be extended by a period equal to the period of any delays in performance by the applicable party due to any of the following events (“Force Majeure”): (i) Acts of God, (ii) strike or other such labor difficulties not specific to any labor issue existing only at the Property, (iii) extraordinary weather conditions greatly exceeding norms for the greater metropolitan area where the Premises located, (iv) extraordinary scarcity of or industry-wide inability to obtain supplies, parts or employees to furnish such services, or (v) or any cause whatsoever beyond a party’s control. For purposes of this Section 31, a cause or event shall not be deemed to be beyond a party's control, if it is within the control of such party's agents, employees or contractors. 691 of 722 20 IN WITNESS WHEREOF, both of said Landlord and Tenants caused this Agreement to be executed as of the date signed by the Landlord. Landlord: THE CITY OF EVANSTON, an Illinois home rule municipal corporation By: __________________________________ Date: ____________________ Its: City Manager, Wally Bobkiewicz Tenant: [TENANT], [TENANT DESCRIPTION] By: _________________________________ Its: _________________________________ 692 of 722 21 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PARCEL 1: BLOCK 1 IN TAIT’S SUBDIVISION OF BLOCK 4 OF ORRINGTON ADDITION TO EVANSTON, A SUBDIVISION OF THAT PART EAST OF THE CENTER LINE OF RIDGE AVENUE OF THE SOUTH ½ OF THE NORTH ½ OF THE SOUTH WEST ¼, AND THAT PART BETWEEN THE WEST LINE OF BLOCK 92 OF THE VILLAGE OF EVANSTON AND THE CHICAGO, EVANSTON AND LAKE SUPERIOR RAILROAD OF THE NORTH ½ OF THE NORTH ½ OF THE SOUTH ½ OF THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 2: LOTS 12 TO 21, BOTH INCLUSIVE, IN BLOCK 2 IN TAIT’S SUBDIVISION OF BLOCK 4 OF ORRINGTON ADDITION TO EVANSTON, ACCORDING TO THE PLAT OF SAID TAIT’S SUBDIVISION RECORDED MARCH 8, 1906, AS DOCUMENT NUMBER 3829417, TOGETHER WITH THE VACATED ALLEY LYING SOUTH OF AND ADJOINING SAID LOT 12 IN BLOCK 2 IN TAIT’S SUBDIVISION, AFORESAID, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 3: LOTS 1, 2, 3 AND 4 IN BLOCK 1 IN A. BURROUGHS’ ADDITION TO EVANSTON, A SUBDIVISION OF THAT PART OF LOT 15 AND THE EAST 145.5 FEET OF LOT 16 LYING WEST OF THE CHICAGO, EVANSTON AND LAKE SUPERIOR RAILROAD IN ASSESSOR’S DIVISION OF FRACTIONAL SECTION 07, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, TOGETHER WITH THE VACATED ALLEY LYING SOUTH OF LOT 1 AND NORTH OF THE LOTS 2, 3 AND 4 IN SAID BLOCK 1, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 4: LOTS 1, 2, 3, 4 AND THE EAST 19 FEET OF LOT 5 IN BLOCK 2 IN A BURROUGHS’ ADDITION TO EVANSTON, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED APRIL 15, 1893, AS DOCUMENT NUMBER 1850049; TOGETHER WITH THE VACATED 16 FOOT ALLEY LYING EAST OF THE EAST LINE OF LOT 5 AND WEST OF THE WEST LINE OF SAID LOTS 1, 2, 3 AND 4 IN SAID BLOCK 2, ALSO TOGETHER WITH THE VACATED ALLEY LYING SOUTH OF AND ADJOINING SAID LOT 4 IN BLOCK 2, AFORESAID, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 5: THAT PART OF LOT 16 IN ASSESSOR’S DIVISION OF FRACTIONAL SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: 693 of 722 22 COMMENCING AT A POINT ON THE NORTH LINE OF NOYES STREET, WHICH IS 323.8 FEET EAST OF THE INTERSECTION OF SAID NORTH LINE OF NOYES STREET WITH THE CENTER LINE OF RIDGE AVENUE; THEN CONTINUING EAST ALONG THE NORTH LINE OF NOYES STREET, 125 FEET; THENCE NORTH 115.5 FEET TO THE SOUTH LINE OF LAND FORMERLY OWNED AND OCCUPIED BY ALONZO BURROUGHS, BEING NOW THE SOUTH LINE OF A. BURROUGHS’ ADDITION TO EVANSTON, A SUBDIVISION OF THAT PART OF LOT 15 AND THE EAST 145.5 FEET OF LOT 16 LYING WEST OF THE CHICAGO, EVANSTON AND LAKE SUPERIOR RAILROAD IN ASSESSOR’S DIVISION, AFORESAID; THENCE WEST ALONG THE LAST DESCRIBED LINE, 125 FEET TO THE EAST LINE OF THE WEST ½ OF SAID LOT 16 (BEING ALSO THE EAST LINE OF FOSTER AND KLINE’S ADDITION TO EVANSTON, BEING A SUBDIVISION OF THE WEST ½ OF THE LOT 16 IN ASSESSOR’S DIVISION, AFORESAID): THENCE SOUTH ALONG THE LAST DESCRIBED LINE, 115.5 FEET TO THE PLACE OF BEGINNING, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 6: LOTS 3 AND 4 IN FOSTER AND KLINE’S ADDITION TO EVANSTON, BEING A SUBDIVISION OF THE WEST ½ OF LOT 16 IN ASSESSOR’S DIVISION OF FRACTIONAL SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 7: ALL THAT PART OF VACATED ERVIN COURT LYING SOUTH OF THE SOUTH LINE OF COLFAX STREET AND NORTH OF THE NORTH LINE OF NOYES STREET, SAID ERVIN COURT HAVING BEEN VACATED BY CITY OF EVANSTON ORDINANCE DATED NOVEMBER 23, 1931, AND RECORDED MARCH 23, 1932, AS DOCUMENT NUMBER 11063489, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. Real property address: 927 Noyes, Evanston, Illinois 60201 PIN:11-07-114-027-0000 694 of 722 Exhibit BJanuary 1, 2014FY 2015FEEDESCRIPTIONNOTESAIR CONDITIONERS & AIR HANDLING UNITS$93.73 Monthly fee for studios ranging between 1-500 sq. ft. " "$125.66Monthly fee for studios ranging over 500 and up to 1,000 sq. ft. " "$156.56Monthly fee for studios ranging over 1,000 and up to 2000 sq. ft. " "$186.43Monthly fee for studios over2,000 sq. ft.KEYS$5.00First two (2) keys to all Leased spaces with a Lessor installed lock are free. KILNSTBA Monthly fee for tabletop models " TBA Monthly fee for floor modelsNOYES GALLERIES$40.00 Hourly rate for all usersPARKING - LOT #51$30.00 Monthly fee for each permit " " "$5.00 Daily fee for each permitSERVICE (UTILITY) FEE$66.00Flat daily rate for all users if Bldg. is occupied other than normal Bldg. hours.STUDIO #106*$20.00 Tenant rate/hourly for performances relative to lease Same rate if Theatre is used " "$20.00 Tenant rate/hourly for all other arts activities relative to lease Same rate if Theatre is used " "$40.00Tenant rate/hourly for reception relative to Lessee's approved activities. " " $42.00 " "$52.00 Non-Tenant Non-for-Profit or Individual rate/hourly for arts related events.• Thanksgiving Day, Thursday, November 26, 2015• Day After Thanksgiving, Friday, November 27, 2015 • Christmas Eve, Thursday, December 24, 2015• Christmas Day, Friday, December 25, 2015• Labor Day, Monday, September 7, 2015• New Year's Day, Wednesday, January 1, 2015• Day Before Fourth of July, Friday, July 3, 2015Non-Tenant Evanston Non-for-Profit or Individual rate/hourly for arts related eventsOBSERVED HOLIDAYS 2015• Dr. Martin Luther King, Jr.'s Birthday, Monday, January 19, 2015• Memorial Day, Monday, May 25, 2015• Fourth of July, Saturday, July 4, 2015LESSEE: ______________DATE:___________ 695 of 722 EXHIBIT B NOYES CULTURAL ARTS CENTER PROPERTY FEES SCHEDULE 696 of 722 35-R-15 ~4~ EXHIBIT B MASTER STUDIO LEASE (6-MONTH LEASE) 697 of 722 LEASE AGREEMENT FOR THE PREMISES LOCATED AT 927 NOYES STREET, EVANSTON, ILLINOIS, BY AND BETWEEN THE CITY OF EVANSTON, LANDLORD AND [TENANT], TENANT 698 of 722 INDEX Section Title Page Number 1 SECTION 1. DESCRIPTION OF PREMISES ........................................................................... 2 SECTION 2. TERM ................................................................................................................... 2 SECTION 3. RENT .................................................................................................................... 2 SECTION 4. COMMON FACILITIES ........................................................................................ 3 SECTION 5. USE OF PREMISES ............................................................................................ 5 SECTION 6. SIGNS .................................................................................................................. 8 SECTION 7. DEFECTS; DEFECTIVE CONDITION; WIND; ACTS OF THIRD PERSONS ............................................................................................................ 8 SECTION 8. CASUALTY DAMAGE; REPAIRS; ABATEMENT OF RENT ............................. 8 SECTION 9. REPAIRS AND MAINTENANCE ......................................................................... 9 SECTION 10. UTILITIES .......................................................................................................... 10 SECTION 11. TAXES ............................................................................................................... 10 SECTION 12. INSURANCE ...................................................................................................... 10 SECTION 13. SUBLETTING; ASSIGNMENT .......................................................................... 11 SECTION 14. SURRENDER OF PREMISES; HOLDING OVER ............................................. 11 SECTION 15. INDEMNIFICATION AND LIENS ....................................................................... 12 SECTION 16. LANDLORD’S RIGHT OF INSPECTION AND REPAIRS ................................. 12 SECTION 17. DEFAULT AND REMEDIES .............................................................................. 13 SECTION 18. TENANT OBLIGATIONS TO COMMUNITY AND ASSOCIATION ................... 15 SECTION 19. REMOVAL OF OTHER LIENS .......................................................................... 15 SECTION 20. REMEDIES NOT EXCLUSIVE ........................................................................... 16 SECTION 21. EXPENSES OF ENFORCEMENT ..................................................................... 16 SECTION 22. EMINENT DOMAIN ............................................................................................ 16 SECTION 23. GOVERNMENTAL INTERFERENCE WITH POSSESSION ............................. 17 SECTION 24. PEACEFUL ENJOYMENT ................................................................................. 17 SECTION 25. EFFECT OF WAIVER OF BREACH OF COVENANTS .................................... 17 SECTION 26. AMENDMENTS TO BE IN WRITING ................................................................. 17 SECTION 27. PARTIES BOUND .............................................................................................. 17 SECTION 28. NOTICES ........................................................................................................... 17 SECTION 29. MISCELLANEOUS ............................................................................................ 18 SECTION 30. VENUE AND JURISDICTION ............................................................................ 19 SECTION 31. FORCE MAJEURE ............................................................................................ 19 699 of 722 2 This Lease Agreement (the “Agreement” or “Lease”) shall take effect as of the date of execution of the Agreement by the City (the “Effective Date”). This Lease is by and between The City of Evanston, an Illinois home rule municipality and owner of subject Property (“Landlord”), whose main business office is located at 2100 Ridge Avenue, Evanston, Cook County, Illinois, “Landlord”, and [TENANT], [TENANT DESCRIPTION] (“Tenant”). Landlord and Tenant may be referred to collectively as the “Parties”. SECTION 1. DESCRIPTION OF PREMISES Landlord leases to Tenants spaces [LEASED SPACES], located on the [LEASED SPACE LOCATION] floor of the property with a street address of 927 Noyes Street, Evanston, Illinois 60201 (the “Premises”), situated within the Landlord’s 3-story building located at the same common address and legally described on Exhibit A (the “Property”) and commonly known as the Noyes Cultural Arts Center (“NCAC”). The Property has various uses including artist workshops, resident young adult summer camp classes, art exhibits, and many other uses. The term “Common Facilities” as used in this Agreement will include those areas and facilities within the Property (outside of the Premises) for the nonexclusive use of Tenants in common with other authorized users, and includes, but is not limited to, sidewalks, parking area, planted areas (excluding the adjoining park area), common area restrooms and open means of ingress and egress. Tenants will have the non- exclusive right to use the Common Facilities, including the washrooms referenced above. SECTION 2. TERM The term of this Agreement will be for six months, July 1, 2015 – December 31, 2015 (the “Term”). Tenants must provide Landlord with 90 days’ notice to request a renewal of the Agreement for the Premises. Landlord, in its sole discretion, may decide that a Renewal Term is not necessary and in the best interests of the City. Renewal of the Agreement must be authorized by written consent of the Parties and must be authorized by the City Council. SECTION 3. RENT A. RATE: Tenants agree to pay Landlord an annual rental payment (the “Rent”) in accordance with the following schedule: 1. For the period of July 1st – December 31st (six months), the Rent rate is $[RENT RATE] per month, for total Rent of $[TOTAL RENT] for the six months. B. PAYMENTS. The Rent outlined in Section 3[A][1] above shall be paid in accordance with said Section. C. Any and all Rent PAYMENTS under this Lease shall be mailed to: City of Evanston Parks, Recreation, and Community Services Department 2100 Ridge Avenue, First Floor Evanston, IL 60201 700 of 722 3 D. PROPERTY FEES SCHEDULE: Attached as Exhibit B is a schedule of fees for all tenants of the Property, if applicable, including Tenant (“NCAC Property Fees”). To the extent incurred by Tenant, the NCAC Property Fees specified on the fee schedule will be invoiced separately and shall be paid by the due date listed on the invoice. To the extent incurred by Tenants, the NCAC Property Fees are to be paid by Tenants regardless of the applicable rental rate specified in Section 3 [A]. Tenants acknowledges that they will reimburse the City for use of the Common Facilities (as specified on Exhibit B) after the standard business hours set by the City and the Association, which hours shall not be less than the following hours throughout the Term (including any Extended Term): 8:00 a.m. – 11:00 p.m. Monday – Friday; 8:30 a.m. – 11:00 p.m. on Saturday; and 10 a.m. – 6:00 p.m. on Sunday (the “Business Hours”). E. SURCHARGE: 1. Tenant acknowledges and agrees that all non-Evanston residents (individuals only) are assessed a 20% surcharge on rent. The 20% surcharge will not be applicable to non-Evanston resident Sub-lessees if the Lessee (individuals only) is an Evanston resident. The 20% surcharge is applicable to a non-Evanston resident Sub- lessee only if and when the Sub-lessee assumes the remainder of the entire lease or a co-lease, or upon termination by Lessee or the Lessor. In order for an Organization to be exempt from incurring a 20% surcharge, its principal place of business must be in Evanston. Organizations must attach Articles of Incorporation to this Lease. 2. Monthly rental charges assessed to Sub-lessees will not be in excess of one-half the rent charged to Lessee by the Lessor. A written sublease agreement between the Lessee and Sub-lessee must be given to the Lessor covering the lease terms prior to Sub-lessee’s use of space. The sublease agreement must include the payment schedule and the dollar amount paid by Sub-lessee to Lessee. Community service obligations assessed to Sub-lessee are in addition to the full obligation assessed to Lessee. Therefore, the Community Engagement obligations assessed to Lessee will not decrease as a result of a sublease. SECTION 4. COMMON FACILITIES A. MAINTENANCE BY LANDLORD: Tenants acknowledge that they have leased the Premises for many years and receive the Premises, Common Facilities and remainder of the Property in as-is condition, and acknowledge that the Landlord has made no representations to the condition or has made any repairs to same. The Landlord or Landlord’s staff or other representatives have made no representations or assurances that it will alter or remodel the Premises or Property. Landlord shall, when necessary, as determined by Landlord, in its reasonable discretion or when required by applicable laws, perform, repair and maintain all of the following: 1. Exterior maintenance, including the foundation, exterior walls, slab, common area doors and roof; 2. A refuse container to be shared by all tenants in the Property to be located at the Property in reasonable proximity to the Premises. Landlord will contract, to have trash hauled from such container with reasonable frequency; 701 of 722 4 3. Electric facilities and systems, gas facilities and systems and the HVAC unit(s) and systems (including the portions of such systems serving the Premises exclusively); 4. Plumbing and water facilities and systems (including the portions of such systems serving the Premises exclusively); 5. Fire and life safety systems and fire alarm systems, including inspections thereof (including the portions of such systems serving the Premises exclusively); 6. Hallways, stair rails, and related elements, and restrooms and other Common Facilities, including the parking lot serving the Property; 7. Snow and ice removal, including salting, from front walkway of Premises and parking spaces in front of the Property within 48 hours of any snow event with accumulation of an 1 inch or more; and 8. Change light bulbs, ballasts and tubes in any fluorescent or comparable light fixtures in the Premises. Notwithstanding the foregoing, Tenant will change light bulbs, ballasts and tubes which are considered specialty lighting and related to performance activities. 9. Maintain the HVAC units in the Premises, the HVAC units are the property of the Landlord and shall remain in the Premises at the end of the Term. B. MAINTENANCE BY TENANTS: 1. Interior non-structural Premises maintenance and all fixtures and property within the Premises other than (a) utility, HVAC or fire/life safety facilities and systems and (b) any items Landlord is required to maintain pursuant to Section 4[A]; 2. All refuse from Premises to be placed in appropriate containers and Tenants cannot dispose of construction building materials in the standard refuse containers and must arrange for special pick-ups and containers for said materials; 3. The Tenants will at all times maintain all of the Premises in a clean, neat and orderly condition. The Tenants will not use the Premises in a manner that will violate or make void or inoperative any policy of insurance held by the Landlord. The Tenants shall pay the Landlord for overtime wages for staff and for any other related expenses incurred in the event that repairs, alterations or other work in the Premises required or permitted hereunder are not made during ordinary Business Hours (as defined in Section 3[E]) at the Tenant’s request. 4. Tenants will keep the interior non-structural portions of the Premises, including all interior, non-structural walls, surfaces and appurtenances (other than systems and any other items that Landlord is required to maintain pursuant to Section 4[A]), in good repair. Tenants shall be responsible for repairs, damages and losses for damages sustained outside the Premises to other NCAC tenant’s personal property or leased area attributable to Tenant’s negligence or intentional misconduct, subject to Section 12[E]. All such damage must be reported in writing to the Director of Parks, 702 of 722 5 Recreation and Community Services, or his/her designee, by the next City of Evanston business day, after discovery of such damage by Tenants. 5. Repairs by Tenants must have prior written approval by the Director of Parks, Recreation and Community Services, or his or her designee, and must occur within thirty (30) days of such approval unless the Director of Parks, Recreation and Community Services, or his or her designee, gives a prior written request or grants approval for an extension beyond the thirty (30) days (or unless such repairs cannot reasonably be completed within thirty (30) days, in which case, Tenant shall have such additional time as is reasonably required). If Tenants fail to make the necessary repairs by the date determined by the Lessor, the Landlord has the option to make the necessary repairs and Tenants agree to promptly pay for those repairs upon presentation of an invoice by the Landlord to the Tenant. Tenants are required upon lease termination to leave space in good repair and condition. Maintenance and repair issues which constitute a life and safety hazard must be corrected within twenty-four (24) hours after discovery by Tenants, provided that the issue can be fixed within that time frame. If the issue cannot be fixed within twenty-four (24) hours after discovery by Tenants, the Tenants must provide a schedule for repair within one (1) business day after discovery by Tenants to the Director of Parks, Recreation and Community Services for approval, which cannot be unreasonably withheld. SECTION 5. USE OF PREMISES A. PURPOSES: Tenants will use the Premises to operate a [TENANT SPECIFIC USE OF PREMISES], and other related business and uses incidental thereto, and no part of the Premises will be used for any other purpose without the prior written consent of Landlord (the “Permitted Use”). If Tenants endeavors to apply for a liquor license for the Premises, the Landlord gives its written consent for said application to be submitted and reviewed by the City in conformance with the City Code procedures, as amended. The City agrees to cause such license to be granted if Tenants meets applicable requirements. B. HOURS OF OPERATION AND LANDLORD ACCESS: 1. Tenant’s use of the Premises shall only be for the permitted use. Tenants shall have the right to conduct their business in the Premises during the Business Hours (as defined in Section 3[E]) of the Property. In addition, Tenants’ staff, agents, employees and contractors may access the Premises twenty-four hours a day, seven days a week, but shall not have access to the interior Common Facilities after the Business Hours (as defined in Section 3[C]) of the Property. The Property will be closed on holidays/days as observed by the City of Evanston (but Tenants will still have access to the Premises). 2. The Landlord shall have the right to retain a set of keys to the Premises, and Tenants shall not change any locks for the Premises to any other lock, other than a lock consistent with the Landlord’s master lock for the Property. The Tenants shall permit the Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises concealed to the greatest extent possible, above ceiling, under floor or in walls that don’t reduce the square footage of the Premises and don’t materially affect Tenants’ use of the Premises. The Landlord shall have the right to enter upon the Premises with 24 hours prior written notice or without notice in case of an emergency, to control heat, electricity and air conditioning, to inspect the same, and to make such 703 of 722 6 repairs, alterations, improvements or additions to the Premises or the NCAC, as the Landlord may deem necessary or desirable. Tenants will not cease any Rent payments while repairs, alterations, improvements, or additions are being made, by reason of loss or interruption of business of the Tenants, or otherwise, provided Landlord shall complete such work as quickly as reasonably possible. Notwithstanding the foregoing, if a portion of the Premises is unusable for the purpose contemplated hereunder for a period of greater than 5 days (including, without limitation, as a result of a casualty or a condemnation or the repairs required in connection therewith), the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the Premises bears to the whole. The determination of the unusable space shall be reasonably determined by the Landlord based on square footage. Notwithstanding anything to the contrary contained herein, Landlord shall not have the right to alter the Premises except as expressly required or permitted hereunder. Notwithstanding the foregoing, if the repairs, alterations, improvements, or additions are at a Tenant’s request or if the repairs are necessitated by a Tenant’s actions, then the Tenants may not cease any rent for any period, unless the Premises are unusable as a result of the negligence or intentional misconduct of Landlord or its agents, employees or contractors. If a Tenant shall not be personally present to open and permit an entry into Premises, at any time, when for any reason an entry therein shall be necessary or permissible, the Landlord or the Lessor's agents may enter the same by using the key, or may forcibly enter the same, without rendering the Landlord or such agents liable therefore (if during such entry the Landlord or the Lessor's agents shall accord reasonable care to Tenants’ property), and without in any manner affecting the obligations and covenants of this Lease. 3. Nothing herein contained, however, shall be deemed or construed to impose upon the Landlord any obligations, responsibility or liability whatsoever, for the care, supervision or repair of the Premises or any part thereof, other than as herein provided. The Landlord shall also have the right at any time without the same constituting an actual or constructive eviction and without incurring any liability to the Tenants therefore, to change the arrangement and/or location of Common Facilities, including entrances or passageways, doors and doorways, and corridors, stairs, toilets or public parts of the NCAC, and to close Common Facilities (as and when reasonably necessary for Landlord to perform its obligations hereunder or exercise its rights or as necessary due to Force Majeure), including entrances, doors, corridors or other facilities. The Landlord shall not be liable to the Tenants for any expense, injury, loss or damage resulting from work done by persons other than the Landlord in or upon, or the use of, any adjacent or nearby building, land, street, or alley. C. LOCKING OF PREMISES: All doors to the Premises must be kept locked at all times except during the Business Hours (as defined in Section 3[E]). Tenants shall not open the door to anyone in the late hours. The door may not be propped open for any reason. During normal Business Hours (as defined in Section 3[E]) for the Property, patrons and users of the Property shall have access to the Common Facilities. Tenants shall not have use of Common Facilities after the Business Hours (as defined in Section 3[E]) unless Tenant pays the Facilities Fee (as specified in Exhibit B) for keeping the Property and the Common Facilities open. D. STORAGE OF INFLAMMABLE MATERIALS: Tenants agree that they will not permit to be kept at the Premises any gasoline, distillate or other petroleum product, or other substance of an explosive or inflammable nature as may endanger any part of the premises 704 of 722 7 without the written consent of the Landlord, provided that Tenants can maintain customary cleaning products in the Premises. E. USE IMPAIRING STRUCTURAL STRENGTH: The Tenants will not permit the Premises to be used in any manner that will impair the structural strength of the Premises, or permit the installment of any machinery or apparatus the weight or vibration of which may tend to impair the building’s foundations or structural strength. F. GARBAGE DISPOSAL: The Tenants will not incinerate any garbage or debris in or about the Premises, and will cause all containers, rubbish, garbage and debris stored in the Premises to be placed in the refuse container supplied by Landlord for the Property before accumulation of any substantial quantity. G. PUBLIC REGULATIONS: In the conduct of its business on the Premises, Tenants will observe and comply with all laws, ordinances and regulations of public authorities. Tenants acknowledge that the Property is owned by the City of Evanston and therefore no smoking will be permitted at the Property. H. OTHER MISUSE: Tenants will not permit any unlawful or immoral practice with or without his knowledge or consent, to be committed or carried on in the Premises by Tenants or any other person. Tenant will not use or allow the use of the Premises for any purpose whatsoever that will injure the reputation of the Premises or of the building of which they are a part. I. PARKING REGULATIONS: The NCAC has a total of fifty (50) parking spaces, consisting of thirty-five (35) permit spaces (including four [4] marked for compact cars) and twelve (12) metered spaces and three (3) handicapped spaces in the Property parking lot, which is Lot #51 and is immediately adjacent to the Premises (the “Property Parking Lot”). The Landlord acknowledges that it will not decrease the total number of parking spaces in the Property Parking Lot during the Lease Term, but Landlord reserves the right to reconfigure the parking lot and/or increase the parking spaces. For the permit parking spaces, annual parking permit fees shall be in accordance with the schedule previously referenced as Exhibit B and be billed separately. Parking permit fees are not prorated and will change over the Term of the Lease at the discretion of the Landlord. All annual parking permits issued will be billed on a monthly basis and are not returnable with the exception of permits which are transferred. There will be a $25.00 transfer fee assessed for all annual permits which are to be reissued unless: 1) the old permit or remnants of the old permit is returned displaying the lot number and the permit number minimally; or 2) proof that the vehicle was sold by producing a bill of sale. Monthly and annual parking permits for the Property Parking Lot are authorized only for Leaseholders, Sub-Tenants, staff and/or students attending classes at Noyes on a regular basis and Landlord will not permit businesses (or other invitees) outside of the NCAC to get permits for the Property Parking Lot. Use of permits is on a first-come, first serve basis for spaces available in the Property Parking Lot. Parking permits are not to be transferred to vehicles other than the vehicle for which the permit was issued unless prior written approval by the Director of Parks, Recreation and Community Services is obtained. Parking Permit privileges will be considered by the Director of Parks, Recreation and Community Services or designee for other regular NCAC users on a case-by-case basis. All Authorization Forms must be signed by Tenants or their authorized designee(s), and by an NCAC staff member before parking permits can be purchased. Temporary one-day parking permits are available for individuals attending special functions at the NCAC, and for visitors and others using the NCAC, who are pre- 705 of 722 8 approved by the Director of Parks, Recreation and Community Services or designee. Temporary parking permits are not available to parents or caregivers waiting for students attending classes or to attendees of performances. Tenants understand, and will inform their staff, students and patrons to observe all posted parking regulations. Parking permits will not be issued to individuals with an expired driver’s license. Landlord will maintain the current parking lot serving the Property as a parking lot throughout the term of this Lease. SECTION 6. SIGNS Tenants may apply for signage (temporary and permanent signage) for the exterior and interior of the Premises, at its own expense, in order to conduct the business of Tenants. Tenants acknowledge that there are limitations from the City of Evanston Municipal Code of 2012, as amended, and the Code governs the application process and the details regarding size, type, and number of signs and Tenants agree to be bound by such ordinances. Landlord cannot make representations in a lease agreement that Tenants shall be entitled additional signage, a certain number of signs and/or dimensions of proposed signage, because the Tenants must make an application to the Sign Review Board, as provided by Code, but Landlord will not withhold its consent to a reasonably sized sign over the new entrance to the Premises. SECTION 7. DEFECTS; DEFECTIVE CONDITION; WIND; ACTS OF THIRD PERSONS Except as provided by Illinois law and except to the extent arising from the negligence or intentional misconduct of Landlord or its agents, employees or contractors, or from the breach of this Lease by Landlord, Landlord will not be liable to Tenants for any damage or injury to Tenants or Tenants’ property occasioned by the failure of Landlord to keep the Premises in repair, and shall not be liable for any injury done or occasioned by wind or by or from any defect of plumbing, electric wiring or of insulation thereof, gas pipes, water pipes or steam pipes, or from broken stairs, porches, railings or walks, or from the backing up of any sewer pipe or down-spout or from the bursting, leaking or running of any tank, tub, washstand, water closet or waste pipe, drain, or any other pipe or tank in, upon or about the Premises or the building of which they are a part nor from the escape of steam or hot water from any radiator, nor for any such damage or injury occasioned by water, snow or ice being upon or coming through the roof, skylight, trap door, stairs, walks or any other place upon or near the Premises, or otherwise, nor for any such damage or injury done or occasioned by the falling of any fixture, plaster, or stucco, nor for any damage or injury arising from any act, omission or negligence or co-tenants or of other persons, occupants of the same building or of adjoining or contiguous buildings or of owners of adjacent or contiguous property, or of Landlord’s agents or Landlord, all claims for any such damage or injury being hereby expressly waived by Tenants. Notwithstanding the foregoing, if any portion of the Premises unusable for the purpose contemplated hereunder for a period of greater than 5 days, the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the Premises bears to the whole. The determination of the unusable space shall be reasonably determined by the Landlord based on square footage. SECTION 8. CASUALTY DAMAGE; REPAIRS; ABATEMENT OF RENT A. USE OF PARTIALLY DAMAGED PREMISES: On damage or destruction by a casualty to the Premises, Tenants will continue to use them for the operation of its business to the extent practicable 706 of 722 9 B. RIGHT TO TERMINATE ON DESTRUCTION OF TWO-THIRDS OF PREMISES: Either Party will have the right to terminate this Agreement if, the Premises is damaged by a casualty to an extent exceeding two-thirds of the reconstruction cost of the Premises as a whole. If such damage occurs, this termination will be affected by written notice to the other Party, delivered within 90 days of the damage. C. REPAIRS BY LANDLORD: If the Premises are damaged by a casualty before or after the start of the Agreement, then Landlord will immediately, on receipt of insurance proceeds paid in connection with casualty damage, but no later than sixty days after damage has occurred, proceed to repair the Property. Repairs will include any improvements made by Landlord or by Tenants with Landlord’s consent, on the same plan and design as existed immediately before the damage occurred, subject to those delays reasonably attributable to governmental restrictions or failure to obtain materials, labor or other causes, whether similar or dissimilar, beyond the control of Landlord. Materials used in repair will be as nearly like original materials as reasonably procured in regular channels of supply. Wherever cause beyond the power of the party affected causes delay, the period of delay will be added to the period in this lease for completion of the work, reconstruction or replacement. D. REDUCTION OF RENT DURING REPAIRS: If a portion of the Premises is unusable for the purpose contemplated hereunder for a period of greater than 5 days, the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the Premises bears to the whole. The determination of the unusable space shall be reasonably determined by the Landlord based on square footage No rent will be payable while the Premises is wholly unoccupied pending the repair of casualty damage. E. FIRE AND CASUALTY. If the Premises are entirely destroyed by fire or another act of God, and Landlord elects to not rebuild the Premises, then this Agreement shall be terminated effective as of the date of the casualty. SECTION 9. REPAIRS AND MAINTENANCE Except to the extent any of the following is Landlord’s obligation pursuant to Section 4[A], Tenants shall keep the interior, non-structural portions of the Premises in a clean condition, and in good repair, all according to the statutes and ordinances in such cases made and provided, and the directions of public officers thereunto duly authorized, all at Tenants’ own expense, and shall yield the same back to Landlord, upon the termination of this Agreement, whether such termination shall occur by expiration of the term, or in any other manner whatsoever, in the same condition of cleanliness and repair as at the date of the execution hereof, loss by fire and reasonable wear and tear excepted. Except to the extent any of the following is Landlord’s obligation pursuant to Section 4[A], Tenant shall make all necessary repairs and renewals upon Premises and replace broken fixtures with material of the same size and quality as that broken. If, however, the Premises shall not thus be kept in good repair and in a clean condition by Tenants, as aforesaid, Landlord may enter the same, or by Landlord’s agents, servants or employees, without such entering causing or constituting a termination of this Agreement or an interference with the possession of the Premises by Tenants, and Landlord may replace the same in the same condition of repair and cleanliness as existed at the date of execution hereof, and Tenants agree to pay Landlord, in addition to the rent hereby reserved, the expenses of Landlord in thus replacing the Premises in that condition. Tenants shall not cause or permit any waste, misuse or neglect of the water, or of the water, gas or electric fixtures. 707 of 722 10 Tenants will also be in compliance with all laws and regulations during the entire term of this Agreement, except for repairs required of the Landlord to be made and damage occasioned by fire, hurricane or other causes as provided for in this Agreement. SECTION 10. UTILITIES Landlord agrees to pay before delinquency all charges for gas, water, heat, electricity, power and other similar charges incurred by Landlord or Tenants with respect to the Premises or the Property during the Term of this Agreement and Tenants’ occupancy of the Premises. SECTION 11. TAXES If applicable, Tenants will pay before delinquency all taxes levied on Tenants’ fixtures, equipment and personal property on the demised Premises, whether or not affixed to the real property. Landlord will pay all real estate taxes for the Property. SECTION 12. INSURANCE A. INSURANCE COMPANIES: It is agreed that any policies of insurance to be maintained by the respective parties will be obtained from good and solvent insurance companies. Only companies with an “A” Policyholder’s Rating with the Alfred Best Company will be acceptable. B. TENANT TO OBTAIN LIABILITY INSURANCE: Tenants agree that they will, at their expense, maintain a policy of insurance, written by responsible insurance carriers, approved by Landlord that will insure Tenants against liability for injury to or death of persons or damage to property occurring about the Premises. Landlord will be named as an additional insured. The liability under insurance will be at least $1 million for any one person injured or killed or any one occurrence, $2 million general aggregate coverage for any one accident, and $ 100,000.00 property damage. Tenants will obtain an endorsement and Certificate of Insurance naming the Landlord as an additional insured from Tenants’ carrier (during the term of the Lease, including Premises Improvement construction) and all contractors during the construction of the Premises Improvements and any other renovation or construction at the Premises. Annually, Tenant shall provide copies of the insurance policy and all endorsements thereto to Landlord. Tenant shall send the policy to the Law Department on or before July 1, 2015 and January 1st every year thereafter this Lease is in effect. If the Tenant fails to comply with this requirement, that shall constitute a default by Tenant. C. TENANTS TO OBTAIN WORKER’S COMPENSATION INSURANCE: Tenants agree to maintain employees’ Worker’s Compensation insurance required under Illinois law. D. TENANTS TO OBTAIN INSURANCE ON FIXTURES AND EQUIPMENT: The Tenants agree to maintain on all trade fixtures and personal property in the Premises, a policy of insurance approved by the Landlord of at least 90% of the insurable replacement value of all trade fixtures and personal property. E. LANDLORD TO OBTAIN FIRE INSURANCE ON PREMISES: Landlord agrees to maintain during this Agreement, a policy of property insurance covering any peril generally included in the classification ISO Causes of Loss – Special Form (a “Special Form Policy”) and covering at least 80% of the full replacement cost of the Premises and Property (or Landlord may self-insure for such coverage). If permitted without additional charge, Landlord will cause to 708 of 722 11 be endorsed on its property insurance, and any extended coverage policy or policies, the waiver of right of subrogation. Landlord hereby agrees to waive any claims against Tenant and its agents and employees to the extent the same could be covered by a Special Form Policy, regardless if the same is maintained by the City. F. TENANTS’ WAIVER OF CASUALTY INSURANCE PROCEEDS: If the Premises are damaged by fire or other casualty insured against, Tenants agree to claim no interest in any insurance settlement arising out of any loss where premiums are paid by Landlord, or where Landlord is named as sole beneficiary, and that it will sign all documents required by Landlord or the insurance company necessary in connection with the settlement of any loss. G. CONTROL OF INSURANCE PROCEEDS TO AVOID TAXABLE GAIN: If the Premises, including any improvements, were to be damaged in any manner, and the receipt of any insurance proceeds or other reimbursement for such damage would result in the realization of taxable gain for federal or state purposes, then the party to whom the gain would be taxed will have the right to take all action respecting proceeds or reimbursements necessary to enable party to comply with any regulations of the appropriate taxing authorities, so that the gain will not be recognized for tax purposes. Nothing here will be construed to entitle Landlord to delay any repairs to any part of the improvements in the event of damage. H. TENANTS’ FAILURE TO INSURE: Should Tenants fail to keep in effect and pay for insurance as required by this section, the Landlord may terminate this Lease immediately. SECTION 13. SUBLETTING; ASSIGNMENT The Tenants shall be allowed to sublet a portion of the Premises to another entity or individual(s) (“Sub-Tenant”) for a period of eighty nine (89) days or less in conformance with the original use stated in Section 5[A] and Tenants do not need the Lessor’s consent. If the Tenants seek to sublet a portion of the Premises to a Sub-Tenant for a period of time ninety (90) days or more, then the Tenants must have the written consent of the Landlord and such consent shall not be unreasonably withheld. For all subleases, the Tenants shall obtain a certificate of insurance from the Sub-Tenant prior to commencement of the sublease, naming the City of Evanston as an additional insured for the period of occupancy. If Tenant, or any one or more of the Tenants, if there be more than one, shall make an assignment for the benefit of creditors, or shall file for bankruptcy protection, Landlord may terminate this Agreement, and in such event Tenant shall at once pay Landlord a sum of money equal to the entire amount of rent reserved by this Agreement for the then unexpired portion of the term hereby created less the reasonable rental value (as defined in Section 17[G] below) of the Premises as liquidated damages. At Landlord’s option, should Landlord consent to any assignment or sublease of the demised Premises, Tenant shall nevertheless remain liable for all terms and conditions of this Agreement until the expiration of the Agreement term stated above. SECTION 14. SURRENDER OF PREMISES; HOLDING OVER Tenants will, at the termination of this Lease, leave the Premises in as good condition as they are in at the time of entry by Tenants, except for reasonable use and wear, acts of God, or damage by casualty beyond the control of Tenants. On vacating, Tenants will leave the Premises clear of all rubbish and debris. If Tenants retain possession of the Premises or any part thereof after the termination of the term by lapse of time or otherwise, then Landlord may at its option within thirty days after termination of the term serve written notice upon Tenants that 709 of 722 12 such holding over constitutes the creation of a month to month tenancy, upon the terms of this Agreement. Tenants shall also pay to Landlord all damages sustained by Landlord resulting from retention of possession by Tenants. The provisions of this paragraph shall not constitute a waiver by Landlord of any right of re-entry as hereinafter set forth; nor shall receipt of any rent or any other act in apparent affirmation of tenancy operate as a waiver of the right to terminate this Agreement for a breach of any of the covenants herein. SECTION 15. INDEMNIFICATION AND LIENS A. LIENS AND ENCUMBRANCES: The Tenants will hold the Landlord harmless from all claims, liens, claims of lien, demands, charges, encumbrances or litigation arising out of any work or activity of Tenants on the Premises. Tenant wills, within sixty (60) days after filing of any lien, fully pay and satisfy the lien and reimburse Landlord for all resulting loss and expense, including a reasonable attorney’s fees. Provided, however, in the event that Tenants contest any lien so filed in good faith and pursues an active defense of said lien, Tenants shall not be in default of this paragraph. However, in the event of any final judgment against Tenants regarding such lien, Tenants agree to pay such judgment and satisfy such lien within 60 days of the entry of any such judgment. B. DISCHARGE OF LIEN: If Tenants fail to fully discharge any claim, lien, claim of lien, demand, charge, encumbrance, or litigation, or should proceedings be instituted for the foreclosure of any lien or encumbrance, and if judgment is rendered against Tenants either by a court of competent jurisdiction or by arbitration and Tenants still persists in non-payment of the same within the 60 days set forth above, Landlord will have the right at any time after expiration of the 60-day period, to pay the lien or encumbrance. All amounts so paid will be repaid by the Tenants on demand, together with interest at the rate of __10__% per year from the date of payment and shall be considered additional rent owed to Landlord by Tenants. C. INDEMNIFICATION OF LANDLORD: Except as otherwise provided in this Agreement, and except to the extent caused by the negligence or willful misconduct of Landlord, or its agents, employees or contractors, or by the breach of this Lease by Landlord, Tenants shall protect, defend, indemnify and save Landlord and its officers, directors, agents, attorneys, and employees harmless from and against any and all obligations, liabilities, costs, damages, claims and expenses of whatever nature arising from (i) any matter, condition or thing that occurs in the Premises, which is not the result of Landlord’s negligence or willful misconduct, or (ii) any negligence or willful misconduct of Tenants, or their agents, employees or contractors. D. INDEMNIFICATION OF TENANTS. Except as otherwise provided in this Agreement, and except to the extent caused by the negligence or willful misconduct of Tenants, or its agents, employees or contractors, or by the breach of this Lease by Tenants, Landlord shall protect, defend, indemnify and save Tenants and their officers, directors, agents, attorneys, and employees harmless from and against any and all obligations, liabilities, costs, damages, claims and expenses of whatever nature arising from (i) any matter, condition or thing that occurs in the Common Facilities, which is not the result of Tenants’ negligence, or willful misconduct or (ii) any negligence or willful misconduct of Landlord, or its agents, employees or contractors. SECTION 16. LANDLORD’S RIGHT OF INSPECTION AND REPAIRS Tenants shall allow Landlord or any person authorized by Landlord reasonable access to the Premises during the Business Hours (as defined in Section 3[E]) for the purpose of 710 of 722 13 examining or exhibiting the same, or to make any repairs or alterations thereof which Landlord may see fit to make (provided that Landlord cannot make voluntary alterations or modifications to the Premises without Tenant’s consent). If the Tenants do not exercise the Option to renew the Lease and/or will be vacating the Premises at or prior to the end of the Term, Tenants will also allow Landlord to have placed upon the Premises at all times notices of “For Sale” and/or “For Rent” and Tenants will not interfere with the same. SECTION 17. DEFAULT AND REMEDIES A. EVENT OF DEFAULT: Any one of the following events shall be deemed to be an event of default hereunder by Tenants subject to Tenants’ right to cure: 1. Tenants shall fail to pay any item of Base Rent at the time and place when and where due and does not cure such failure within five (5) business days after Rent is due; 2. Tenants shall fail to maintain the insurance coverage as set forth herein; 3. Tenants shall fail to comply with any term, provision, condition or covenant of this Lease, other than the payment of rent, and shall not cure, any such failure, within fifteen (15) days after written notice to the Tenants of such failure; 4. Tenants shall make a general assignment the benefit of creditors, or shall admit in writing its inability to pay its debts as they become due or shall file a petition in bankruptcy; or B. OCCURRENCE OF AN EVENT: Upon the occurrence of any event of default, Landlord shall have the option to pursue any one or more of the following remedies subject to the laws of the State of Illinois and the Tenants’ right to cure: 1. Terminate this Lease, in which event Tenants shall immediately surrender the Premises to Landlord, but if Tenants fail to do so, Landlord may, without further notice and without prejudice to any other remedy Landlord may have for possession or arrearages in rent, or damages for breach of contract, enter upon the Premises and expel or remove and with or without notice of such election or any notice or demand whatsoever, this Agreement shall thereupon terminate and upon the termination of Tenants’ right of possession, as aforesaid, whether this Agreement be terminated or not, Tenants agree to surrender possession of the Premises immediately, without the receipt of any demand for rent, notice to quit or demand for possession of the Premises whatsoever and hereby grants to Landlord full and free license to enter into and upon the Premises or any part thereof, to take possession thereof with or (to the extent permitted by law) without process of law, and to expel and to remove Tenants or any other person who may be occupying the Premises or any part thereof, and Landlord may use such force in and about expelling and removing Tenants and other persons as may reasonably be necessary, and Landlord may re-possess itself of the Premises, but such entry of the Premises shall not constitute a trespass or forcible entry or detainer, nor shall it cause a forfeiture of rents due by virtue thereof, nor a waiver of any covenant, agreement or promise in this Agreement contained to be performed by Tenants. Tenants agree to indemnify Landlord for all loss and damage which Landlord may suffer by reason of such lease termination, whether through inability to re-let the Premises, or through decrease in Rent, or otherwise. 711 of 722 14 2. Landlord may recover from Tenants upon demand all of Landlord’s costs, charges and expenses, including the fees and costs of counsel, agents and others retained by Landlord which have been incurred by Landlord in enforcing Tenants’ obligations hereunder, subject to Landlord prevailing on its claims. 3. Pursuit of any of the foregoing remedies shall not preclude pursuit of any other remedy herein provided or available to Landlord at law or in equity, or constitute a forfeiture or waiver of any Rent due hereunder or of any damages suffered by Landlord. C. REPOSSESSION OR RELETTING NOT A TERMINATION; LANDLORD’S RIGHT TO TERMINATE NOT FORFEITED: No repossession, operation or re-letting of the Premises or of fixtures and equipment will be construed as an election by Landlord to terminate this Agreement unless a written notice is given by the Landlord to the Tenants. The Landlord may terminate this Agreement if the Tenants remain in default (beyond any applicable notice and cure period). The acceptance of rent, whether in a single instance or repeatedly, after it falls due, or after knowledge of any breach hereof by Tenants, or the giving or making of any notice or demand, whether according to any statutory provision or not, or any act or series of acts except written waiver, shall not be construed as a waiver of Landlord’s rights to act without notice or demand or of any other right hereby given Landlord, or as an election not to proceed under the provisions of this Agreement. D. TENANTS’ OBLIGATION TO PAY DEFICIENCIES: If rentals received by the Landlord from re-letting the Premises under the provisions of this section are insufficient to pay all expenses and amounts due, Tenants will pay any deficiencies to the Landlord on demand and be declared in default for failure to pay. E. LANDLORD’S RIGHT TO PERFORM TENANTS’ DUTIES AT TENANTS’ COST: If in Landlord’s judgment any default by Tenants will jeopardize the Premises or the rights of Landlord, Landlord may, without notice, elect to cure Tenants’ default and Tenants will reimburse Landlord, with interest, on 10-days’ notice by Landlord to Tenants. F. LANDLORD’S RIGHT TO TERMINATE AGREEMENT: If there is an event of default by Tenants as stated in Paragraph A of this section, Landlord may, without further notice, terminate this Agreement and all interest of Tenants and may take possession of the Premises by legal proceedings. G. LANDLORD’S RIGHT ON TERMINATION TO RECOVER AMOUNT EQUAL TO RENT RESERVED: If this Agreement is terminated by Landlord due to any event of default by Tenants, Landlord will be entitled to recover from Tenants, at termination, the excess, if any, of the rent reserved in this Agreement for the balance of the term over the reasonable rental value of the Premises for the same period. The “reasonable rental value” will be the amount of rental Landlord can obtain as rent for the balance of the term. H. LANDLORD’S REMEDIES CUMULATIVE: All of the remedies given to Landlord in this Agreement or by law are cumulative, and the exercise of one remedy by the Landlord will not impair its right to exercise any other right or remedy. Landlord shall not look to the property or assets of any direct or indirect partner, member, manager, shareholder, director, officer, principal, employee or agent of Tenants in seeking either to enforce Tenants’ obligations under this Agreement or to satisfy a judgment for Tenants’ failure to perform such obligations; and none of such parties shall be personally liable for the performance of Tenants’ obligations under this Agreement. 712 of 722 15 SECTION 18. TENANT OBLIGATIONS TO COMMUNITY AND ASSOCIATION A. NOYES CENTER TENANT’S ASSOCIATION: The Tenants acknowledge and agree that it has the right to be a member of the Noyes Center Tenant’s Association (the “Association”) formed by the tenants of the Property. The Association will provide advisory guidance and opinions to City staff on many issues, including, tenant responsibilities and duties with respect to the Property and its Common Area. The Association is structured to focus on certain tasks and advise the City on issues such as the following examples: (a) Provide answers to general questions about offerings by Noyes tenants and directions to studios; (b) Review requirements for community engagement of tenants as needed and make recommendations to the City for any additions or changes; (c) Review any subleases of tenantsof ninety (90) days duration or more; (d) Review proposed annual operating budget for Center and proposed rental increases; (e) Review annual and five year capital improvement program for Center and make recommendations to City on spending priorities; and (f) Together with the Evanston Arts Council, review applications of new tenants at Noyes and make recommendations to City on spending priorities. B. COMMUNITY ENGAGEMENT: Tenants will develop reasonable set programs (e.g. donated tickets for certain events, community theater events [including use of theater or other portions of the Premises by other not-for-profit organizations, and scholarships) to be a steward for the arts in the community. By August 1, 2015, the Tenants will have an action plan developed to address its community engagement program and review its proposed program in consultation with the City Manager and the NCAC Association. If Tenants do not provide an action plan within the time period provided or provide the community engagement programs established between the parties, the Landlord shall send written notice of default, providing Tenants with 14 (fourteen) days to cure the default. The annual value of the Community Engagement provided by Tenants shall be not less than $[MINIMUM COMMUNITY ENGAGEMENT AMOUNT] for the period between July 1, 2015 through December 31, 2015 (“Minimum Community Engagement”). Any overage provided by Tenants above the Minimum Community Engagement level for either of the prior two (2) years can be applied as a credit to any deficiency for the current calendar year. If Tenants do not provide the Community Engagement by August 1, 2015 as required and does not cure the default within 15 days of written notice, then Tenants shall pay Landlord a fee equal to 15% of the six month’s rent outlined Section 3[A] ($[INSERT 15% OF 6 MONTHS RENT]) less the value of the Community Engagement provided during the calendar year. SECTION 19. REMOVAL OF OTHER LIENS In event any lien upon Landlord’s title results from any act or neglect of Tenants and Tenants fail to remove said lien within thirty (30) days after Landlord’s notice to do so, Landlord may remove the lien by paying the full amount thereof or otherwise and without any investigation or contest of the validity thereof and Tenants shall pay Landlord upon request the amount paid out by Landlord in such behalf, including Landlord’s costs, expenses and attorney’s fees. If Tenants demonstrate to Landlord that Tenants are contesting the validity of said lien in good faith, then Landlord shall allow Tenants to so contest such lien until either Tenant either abandons such contest or a final verdict is reached in a court of competent jurisdiction. Any amount advanced on behalf of Tenants shall be paid to Landlord by Tenants within 30 days after such advancement is made together with interest at 9% per annum and such amount shall be considered additional rentals (including any overage provided in either of the two [2] immediately preceding years). 713 of 722 16 SECTION 20. REMEDIES NOT EXCLUSIVE The obligation of Tenants to pay the rent reserved hereby during the balance of the term hereof, or during any extension hereof, shall not be deemed to be waived, released or terminated, by the service of any five-day notice, other notice to collect, demand for possession, or notice that the tenancy hereby created will be terminated on the date therein named, the institution of any action of forcible detainer or ejectment or any judgment for possession that may be rendered in such action, or any other act or acts resulting in the termination of Tenants’ right to possession of the Premises. The Landlord may collect and receive any rent due from Tenants and payment or receipt thereof shall not waive or affect any such notice, demand, suit or judgment, or in any manner whatsoever waive, affect, change, modify or alter any rights or remedies which Landlord may have by virtue hereof. SECTION 21. EXPENSES OF ENFORCEMENT Tenants, if Landlord is the prevailing party, shall pay upon demand all Landlord’s costs, charges and expenses, including attorney’s fees, agents fees and fees of others retained by Landlord, incurred in enforcing any of the obligations of Tenants under this Agreement, or in any litigation, negotiation or transaction in which Landlord shall, without Landlord’s fault become involved through or on account of any action or omission of Tenants regarding this Agreement. Landlord, if Tenants are the prevailing party, shall pay upon demand all Tenants’ costs, charges and expenses, incurred in enforcing any of the obligations of Landlord under this Agreement, or in any litigation, negotiation or transaction in which Tenant shall, without Tenants’ fault become involved through or on account of any action or omission of Landlord regarding this Agreement. SECTION 22. EMINENT DOMAIN A. MORE THAN 30 PERCENT TAKEN: If 30 percent or more of the Premises are taken for a public or quasi-public use, this Agreement will terminate as of the date of the physical taking, and the Parties will be released from all further liability. B. LESS THAN 30 PERCENT TAKEN: If the taking affects less than 30 percent of the Premises, the Landlord will, with reasonable diligence, proceed at Landlord’s expense to repair the Premises and place them in tenantable condition within 120 days after the date of the actual physical taking. However, if 25% percent or more of the Premises as a whole is taken, the Landlord may elect to terminate this Agreement, notwithstanding that less than 30 percent of the Premises were taken. On termination, the parties will be released from all further liability under this Agreement. C. ABATEMENT OF RENT: During any repair, Tenants will be required to pay only that part of the fixed minimum monthly rental as the area of the tenantable Premises remaining during repairs bears to the entire area leased. On completion of repairs, the fixed minimum monthly rental will be adjusted in proportion to the repaired area, and Tenants will be required to pay the adjusted fixed minimum monthly rental in accordance this Agreement (attributable to the portion of the Premises taken) and the remainder of the fixed minimum monthly rental shall be forever waived and forgiven by Landlord. 714 of 722 17 D. RIGHT TO CONDEMNATION AWARD: Any award made in any condemnation proceeding for the taking of any part of the Premises will be the sole property of Landlord, except that Tenants can make a claim for the unamortized portion of the cost incurred by Tenants for the Premises Improvements. SECTION 23. GOVERNMENTAL INTERFERENCE WITH POSSESSION Except as expressly set forth in Section 25, Tenants will not be released from its obligation should their possession of the Premises be interfered with by adoption of any law, ordinance, resolution, regulation or act of any legal or governmental authority. Further, Tenants will not be released by any order of abatement or judgment preventing use of the premises on the ground that the Premises or the business operated there constitutes a legally recognized nuisance. SECTION 24. PEACEFUL ENJOYMENT Landlord covenants and warrants that it is the owner of the Property and Premises, and that Tenants, on payment of rents and performance of the conditions, covenants, and agreements to be performed by it, may enjoy the Premises without interruption or disturbance. Landlord covenants, represents and warrants that there is no mortgage, deed of trust or similar encumbrance affecting the Property, as of the date hereof. SECTION 25. EFFECT OF WAIVER OF BREACH OF COVENANTS No waiver of any breach of any condition of this Agreement will be construed to be a waiver of any other breach of provision, covenant or condition. SECTION 26. AMENDMENTS TO BE IN WRITING This Agreement may be modified or amended only in writing signed by Landlord and Tenants. It may not be amended or modified by oral agreements between the Parties unless they are in writing duly executed by Landlord and Tenants. SECTION 27. PARTIES BOUND Every provision of this Agreement will bind the parties and their legal representatives. The term “legal representatives” is used in its broadest meaning and includes, in addition to assignees, every person, partnership, corporation or association succeeding to any interest in this Agreement. Every covenant, agreement and condition of this Agreement will be binding on Tenant’s successors and assignees. Any sublease, concession or license agreement will be subject and subordinate to this Lease. SECTION 28. NOTICES All notices or demands that either party may need to serve under this Agreement may be served on the other party by mailing a copy by registered or certified mail to the following addresses for the parties (or at such other address as the applicable party may designate in a written notice to the other party): 715 of 722 18 If to the City: with a copy to: City Manager Corporation Counsel 2100 Ridge Avenue 2100 Ridge Avenue Evanston, IL 60201 Evanston, IL 60201 Fax: 847-448-8083 Fax: 847-448-8093 If to Tenants: [TENANT] 927 Noyes Street Evanston, IL 60201 Service will be deemed complete at the time of the leaving of notice or within 2 days after mailing. In the event that it appears that Tenants are avoiding the service of any notice and is not present at the Premises for a period of more than 14 consecutive days, notices may be served by posting such notice upon the Premises. Notice shall than be deemed effective 5 days after such posting. SECTION 29. MISCELLANEOUS A. Provisions typed on this Agreement and all riders attached to this Agreement and signed by Landlord and Tenant are hereby made a part of this Agreement. B. Tenant shall keep and observe such reasonable rules and regulations now or hereafter required by Landlord, which may be necessary for the proper and orderly care of the building of which the Premises are a part. C. All covenants, promises, representations and agreements herein contained shall be binding upon, apply and inure to the benefit of Landlord and Tenants and their respective heirs, legal representatives, successors and assigns. D. The rights and remedies hereby created are cumulative and the use of one remedy shall not be taken to excuse or waive the right to the use of another. E. The words “Landlord” and “Tenant” wherever used in this Agreement shall be construed to mean Landlords or Tenants in all cases where there is more than one Landlord or Tenant herein; and the necessary grammatical changes shall be assumed in each case as though full expressed. F. This Agreement and any written and signed Amendments and/or Riders hereto shall constitute the entire agreement between the parties, and any oral representations made by one party to the other are considered merged herein. G. In all cases where Landlord’s consent is required, Landlord’s consent shall not be unreasonably withheld. H. This Agreement may be executed in multiple copies, each of which shall constitute an original. 716 of 722 19 SECTION 30. VENUE AND JURISDICTION The Parties agree the this Agreement shall be governed by and interpreted in accordance with the laws of the State of Illinois and that venue for any disputes shall be in the Circuit Court of Cook County, Illinois. SECTION 31. FORCE MAJEURE Other than for Landlord’s and Tenantss obligations under this Lease that can be performed by the payment of money, whenever a period of time is herein prescribed for action to be taken by either party hereto, such time period will be extended by a period equal to the period of any delays in performance by the applicable party due to any of the following events (“Force Majeure”): (i) Acts of God, (ii) strike or other such labor difficulties not specific to any labor issue existing only at the Property, (iii) extraordinary weather conditions greatly exceeding norms for the greater metropolitan area where the Premises located, (iv) extraordinary scarcity of or industry-wide inability to obtain supplies, parts or employees to furnish such services, or (v) or any cause whatsoever beyond a party’s control. For purposes of this Section 31, a cause or event shall not be deemed to be beyond a party's control, if it is within the control of such party's agents, employees or contractors. 717 of 722 20 IN WITNESS WHEREOF, both of said Landlord and Tenants caused this Agreement to be executed as of the date signed by the Landlord. Landlord: THE CITY OF EVANSTON, an Illinois home rule municipal corporation By: __________________________________ Date: ____________________ Its: City Manager, Wally Bobkiewicz Tenant: [TENANT], [TENANT DESCRIPTION] By: _________________________________ Its: _________________________________ 718 of 722 21 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PARCEL 1: BLOCK 1 IN TAIT’S SUBDIVISION OF BLOCK 4 OF ORRINGTON ADDITION TO EVANSTON, A SUBDIVISION OF THAT PART EAST OF THE CENTER LINE OF RIDGE AVENUE OF THE SOUTH ½ OF THE NORTH ½ OF THE SOUTH WEST ¼, AND THAT PART BETWEEN THE WEST LINE OF BLOCK 92 OF THE VILLAGE OF EVANSTON AND THE CHICAGO, EVANSTON AND LAKE SUPERIOR RAILROAD OF THE NORTH ½ OF THE NORTH ½ OF THE SOUTH ½ OF THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 2: LOTS 12 TO 21, BOTH INCLUSIVE, IN BLOCK 2 IN TAIT’S SUBDIVISION OF BLOCK 4 OF ORRINGTON ADDITION TO EVANSTON, ACCORDING TO THE PLAT OF SAID TAIT’S SUBDIVISION RECORDED MARCH 8, 1906, AS DOCUMENT NUMBER 3829417, TOGETHER WITH THE VACATED ALLEY LYING SOUTH OF AND ADJOINING SAID LOT 12 IN BLOCK 2 IN TAIT’S SUBDIVISION, AFORESAID, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 3: LOTS 1, 2, 3 AND 4 IN BLOCK 1 IN A. BURROUGHS’ ADDITION TO EVANSTON, A SUBDIVISION OF THAT PART OF LOT 15 AND THE EAST 145.5 FEET OF LOT 16 LYING WEST OF THE CHICAGO, EVANSTON AND LAKE SUPERIOR RAILROAD IN ASSESSOR’S DIVISION OF FRACTIONAL SECTION 07, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, TOGETHER WITH THE VACATED ALLEY LYING SOUTH OF LOT 1 AND NORTH OF THE LOTS 2, 3 AND 4 IN SAID BLOCK 1, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 4: LOTS 1, 2, 3, 4 AND THE EAST 19 FEET OF LOT 5 IN BLOCK 2 IN A BURROUGHS’ ADDITION TO EVANSTON, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED APRIL 15, 1893, AS DOCUMENT NUMBER 1850049; TOGETHER WITH THE VACATED 16 FOOT ALLEY LYING EAST OF THE EAST LINE OF LOT 5 AND WEST OF THE WEST LINE OF SAID LOTS 1, 2, 3 AND 4 IN SAID BLOCK 2, ALSO TOGETHER WITH THE VACATED ALLEY LYING SOUTH OF AND ADJOINING SAID LOT 4 IN BLOCK 2, AFORESAID, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 5: THAT PART OF LOT 16 IN ASSESSOR’S DIVISION OF FRACTIONAL SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: 719 of 722 22 COMMENCING AT A POINT ON THE NORTH LINE OF NOYES STREET, WHICH IS 323.8 FEET EAST OF THE INTERSECTION OF SAID NORTH LINE OF NOYES STREET WITH THE CENTER LINE OF RIDGE AVENUE; THEN CONTINUING EAST ALONG THE NORTH LINE OF NOYES STREET, 125 FEET; THENCE NORTH 115.5 FEET TO THE SOUTH LINE OF LAND FORMERLY OWNED AND OCCUPIED BY ALONZO BURROUGHS, BEING NOW THE SOUTH LINE OF A. BURROUGHS’ ADDITION TO EVANSTON, A SUBDIVISION OF THAT PART OF LOT 15 AND THE EAST 145.5 FEET OF LOT 16 LYING WEST OF THE CHICAGO, EVANSTON AND LAKE SUPERIOR RAILROAD IN ASSESSOR’S DIVISION, AFORESAID; THENCE WEST ALONG THE LAST DESCRIBED LINE, 125 FEET TO THE EAST LINE OF THE WEST ½ OF SAID LOT 16 (BEING ALSO THE EAST LINE OF FOSTER AND KLINE’S ADDITION TO EVANSTON, BEING A SUBDIVISION OF THE WEST ½ OF THE LOT 16 IN ASSESSOR’S DIVISION, AFORESAID): THENCE SOUTH ALONG THE LAST DESCRIBED LINE, 115.5 FEET TO THE PLACE OF BEGINNING, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 6: LOTS 3 AND 4 IN FOSTER AND KLINE’S ADDITION TO EVANSTON, BEING A SUBDIVISION OF THE WEST ½ OF LOT 16 IN ASSESSOR’S DIVISION OF FRACTIONAL SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 7: ALL THAT PART OF VACATED ERVIN COURT LYING SOUTH OF THE SOUTH LINE OF COLFAX STREET AND NORTH OF THE NORTH LINE OF NOYES STREET, SAID ERVIN COURT HAVING BEEN VACATED BY CITY OF EVANSTON ORDINANCE DATED NOVEMBER 23, 1931, AND RECORDED MARCH 23, 1932, AS DOCUMENT NUMBER 11063489, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. Real property address: 927 Noyes, Evanston, Illinois 60201 PIN:11-07-114-027-0000 720 of 722 EXHIBIT B NOYES CULTURAL ARTS CENTER PROPERTY FEES SCHEDULE 721 of 722 Exhibit BJanuary 1, 2014FY 2015FEEDESCRIPTIONNOTESAIR CONDITIONERS & AIR HANDLING UNITS$93.73 Monthly fee for studios ranging between 1-500 sq. ft. " "$125.66Monthly fee for studios ranging over 500 and up to 1,000 sq. ft. " "$156.56Monthly fee for studios ranging over 1,000 and up to 2000 sq. ft. " "$186.43Monthly fee for studios over2,000 sq. ft.KEYS$5.00First two (2) keys to all Leased spaces with a Lessor installed lock are free. KILNSTBA Monthly fee for tabletop models " TBA Monthly fee for floor modelsNOYES GALLERIES$40.00 Hourly rate for all usersPARKING - LOT #51$30.00 Monthly fee for each permit " " "$5.00 Daily fee for each permitSERVICE (UTILITY) FEE$66.00Flat daily rate for all users if Bldg. is occupied other than normal Bldg. hours.STUDIO #106*$20.00 Tenant rate/hourly for performances relative to lease Same rate if Theatre is used " "$20.00 Tenant rate/hourly for all other arts activities relative to lease Same rate if Theatre is used " "$40.00Tenant rate/hourly for reception relative to Lessee's approved activities. " " $42.00 " "$52.00 Non-Tenant Non-for-Profit or Individual rate/hourly for arts related events.• Thanksgiving Day, Thursday, November 26, 2015• Day After Thanksgiving, Friday, November 27, 2015 • Christmas Eve, Thursday, December 24, 2015• Christmas Day, Friday, December 25, 2015• Labor Day, Monday, September 7, 2015• New Year's Day, Wednesday, January 1, 2015• Day Before Fourth of July, Friday, July 3, 2015Non-Tenant Evanston Non-for-Profit or Individual rate/hourly for arts related eventsOBSERVED HOLIDAYS 2015• Dr. Martin Luther King, Jr.'s Birthday, Monday, January 19, 2015• Memorial Day, Monday, May 25, 2015• Fourth of July, Saturday, July 4, 2015LESSEE: ______________DATE:___________ 722 of 722