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CCAP 42715
CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, April 27, 2015 Reception in Honor of Evanston’s Designation as the World Wildlife Fund’s 2015 U.S. Earth Hour City Capital at 5:45 pm Administration & Public Works (A&PW) Committee meets at 6:15 p.m. Planning & Development (P&D) Committee meets at 7:15 p.m. Public Hearing and City Council meeting will convene after conclusion of the P&D meeting. ORDER OF BUSINESS (I) Roll Call – Begin with Alderman Holmes (II) Public Hearing: Proposed Dempster/Main/Chicago Special Service Area (III) Mayor Public Announcements and Proclamations Public Service Week, May 3-9, 2015 Employee Service Awards (IV) City Manager Public Announcements (V) Communications: City Clerk (VI) 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. (VII) Special Order of Business: FY2015 Financial Update (VIII) Consent Agenda: Alderman Rainey 1 of 483 City Council Agenda April 27, 2015 Page 2 of 9 (IX) Report of the Standing Committees Administration & Public Works - Alderman Rainey Planning & Development - Alderman Holmes Human Services - Alderman Braithwaite (X) 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)} (XI) Executive Session (XII) Adjournment SPECIAL ORDER OF BUSINESS (SP1) First Quarter Financial Report for Fiscal Year 2015 Staff recommends City Council accept and place the First Quarter Financial Report for FY 2015 on file. For Action: Accept and Place on File CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting of April 13, 2015. For Action ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through April 5, 2015 $3,024,482.75 (A2) FY2015 City of Evanston Bills – April 28, 2015 $1,658,252.72 For Action (A3.1) Approval of the Renewal of Sole Source Software License and Service Agreement with SunGard Public Sector for Computer Aided Dispatch System (CADS) Staff recommends that the City Council authorize the City Manager to renew sole source software license and service agreement with SunGard Public Sector (1000 Business Center Drive, Lake Mary, FL) for the Police Department’s CADS software in the amount of $75,119.30. The agreement is effective from May 1, 2015 through April 30, 2016. Funding is provided by the Emergency Telephone System Service Agreements & Contracts (Account 202.22.5150.62509) with a Budget of $88,500. For Action 2 of 483 City Council Agenda April 27, 2015 Page 3 of 9 (A3.2) Approval of Contract Extension with Healy Asphalt for Hot Mix Asphalt (Bid 12-34) Staff recommends City Council authorize the City Manager to execute a one-year contract extension for the purchase of 500 tons of modified hot mix asphalt at a cost of $52.00 per ton and 300 tons of modified hot mix binder at the cost of $44.00 per ton with Arrow Road Construction dba Healy Asphalt (3401 South Busse Road, Mt. Prospect, IL) for for an estimated cost of $39,200. Funding is provided by the FY2015 General Fund Street and Alley budget (Account 100.26.2670.65055) in the amount of $31,800; the Water Fund (Account 510.71.7115.65051) in the amount of $5,000; and the Sewer Fund (Account 515.71.7400.65051) in the amount of $2,400. Healy Asphalt Company has agreed to hold the 2014 prices thru the 2015 construction season For Action (A3.3) Approval of Purchase Award for 2015 Pavement Marking Services Staff recommends City Council authorize the City Manager to purchase pavement markings services through the Suburban Purchasing Cooperative (Northwest Municipal Conference) in the amount of $50,000. The Suburban Purchasing Cooperative awarded its contract to the lowest responsive and responsible bidder, Superior Road Striping (1967 Cornell Court Melrose Park, IL). Funding is provided by the Pedestrian Safety Improvement CIP Project 416434 (Account 415.26.4150.65515). For Action (A3.4) Approval of Two Replacement Vehicle Purchases from Currie Motors Staff recommends City Council authorize the purchase of two (2) replacement Ford pick-up trucks in the amount of $61,962 from Currie Motors, (9423 W. Lincoln Highway, Frankfort, IL) through the Northwest Municipal Conference Suburban Purchasing Cooperative. Funding is provided by the Equipment Replacement Fund (Account 601.26.7780.65550) which has a budget of $1,455,422. This expenditure represents 4.2% of this budgeted amount. For Action (A3.5) Approval of Contract with Schroeder & Schroeder Inc. for 2015 50/50 Sidewalk Replacement Program (Bid 15-25) Staff recommends that City Council authorize the City Manager to execute a contract for the 2015 50/50 Sidewalk Replacement Project with Schroeder & Schroeder Inc. (7306 Central Park Avenue, Skokie, IL) in the amount of $356,610. Funding is provided by Capital Improvement Plan (Projects 415864 and 415870) in the amount of $225,000 and by private funds from property owners estimated at $131,610. For Action 3 of 483 City Council Agenda April 27, 2015 Page 4 of 9 (A3.6) Approval of 2015 Duncan Solutions, Inc. and Passport Parking Expenses Staff recommends the City Council authorize expenditure to Duncan Solutions, Inc. (633 W. Wisconsin Ave., Milwaukee, WI) and Passport Parking to cover the fees associated with parking meter and pay by cell operations in the amount of $190,400. Funding is provided by the Parking Fund (Account 505.19.7015.65070) with a FY2015 Budget of $230,000 For Action (A4.1) Approval of Sidewalk Café for Freshlii, 1596 Sherman Avenue Staff recommends approval of a first-time application for a sidewalk café permit for Freshii, a Type # 2 restaurant located at 1596 Sherman Avenue. For Action (A4.2) Approval of Sidewalk Café for Patisserie Coralie, 600 Davis Street Staff recommends approval of a first-time application for a sidewalk café permit for Patisserie Coralie, a Type # 2 restaurant located at 600 Davis Street. For Action (A4.3) Approval of Sidewalk Café for Boltwood, 804 Davis Street Staff recommends City Council approval of a first-time application for a sidewalk café permit for Boltwood, a Type # 1 restaurant located at 804 Davis Street. For Action (A4.4) Approval of Sidewalk Café for Tapas Barcelona, 1615 Chicago Avenue Staff recommends approval of a first-time application for a sidewalk café permit for Tapas Barcelona, a Type # 1 restaurant located at 1615 Chicago Avenue. For Action (A5) Authorization to Access Line Of Credit of $4.9 Million Staff recommends that City Council authorize the City Manager to sign an agreement with First Bank and Trust to have access to a Line of Credit up to an amount of $4.9 million for use in the Dempster/Dodge and Main/Chicago TIF Districts. For Action (A6) Approval of Installation of Dempster Street Parklet The Parking & Transportation Committee and staff recommend that City Council approve a parklet sponsored and managed by Hewn, an artisanal bakery, for two parking spaces located at 810 Dempster Street. The proposed seasonal use of the parklet is for a period of time starting in mid-April to the first week of November, for four years (through 2018). Staff proposes transferring $800 annually from the Economic Development Fund to the Parking Fund to offset the revenue forgone due to the installation of the parklet. For Action 4 of 483 City Council Agenda April 27, 2015 Page 5 of 9 (A7) Ordinance 58-O-15: Adding City Code Section 10-4-20, “Recreational Vehicle Parking” and Amending City Code Section 10-6-2, “Authority to Remove Vehicles” Staff recommends that the City Council adopt Ordinance 58-O-15 amending Title 10, Chapter 4, “Stopping, Standing or Parking” to add Section 20: “Recreational Vehicle Parking,” and amending City Code Section 10-6-2, “Authority to Remove Vehicles” to address illegally parked recreational vehicles. For Introduction (A8) Ordinance 50-O-15, Sale of Surplus Property Fleet Vehicles Staff recommends that City Council adopt ordinance 50-O-15, which authorizes City Manager to sell four vehicles owned by the City through public auction at the Northwest Municipal Vehicle Auctions. For Introduction (A9) Ordinance 52-O-15, Dryden Place Addition to City Street System Staff recommends City Council adoption of Ordinance 52-O-15, adding Dryden Place to the City of Evanston street system as a private street. With the approval of Dryden Place as the street name for this location, the City of Evanston will be able to provide municipal services to these single family homes including fire and police, and the US Postal Service will be able to deliver mail. For Introduction (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.” This ordinance was introduced at the April 13, 2015 City Council meeting. For Action (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. This ordinance was introduced at the April 13, 2015 City Council meeting. For Action 5 of 483 City Council Agenda April 27, 2015 Page 6 of 9 (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. This ordinance was introduced at the April 13, 2015 City Council meeting. For Action (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. This ordinance was introduced at the April 13, 2015 City Council meeting. For Action (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. This ordinance was introduced at the April 13, 2015 City Council meeting. For Action (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. This ordinance was introduced at the April 13, 2015 City Council meeting. For Action 6 of 483 City Council Agenda April 27, 2015 Page 7 of 9 (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. This ordinance was introduced at the April 13, 2015 City Council meeting. For Action (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. This ordinance was introduced at the April 13, 2015 City Council meeting. For Action (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. This ordinance was introduced at the April 13, 2015 City Council meeting. For Action PLANNING & DEVELOPMENT COMMITTEE (P1) Ordinance 21-O-15, Zoning Ordinance Text Amendment Regulating Personal Service Establishments The Plan Commission and staff recommend adoption of the Zoning Ordinance 21-O-15 Text Amendment to create a land use definition for a Personal Service Establishment and establish a 500 foot minimum distance separation requirement between them. For Introduction 7 of 483 City Council Agenda April 27, 2015 Page 8 of 9 (P2) Ordinance 60-O-15, Amending the Inclusionary Housing Ordinance The Housing and Homelessness Commission and City staff recommend City Council adoption of Ordinance 60-O-15 amending the Inclusionary Housing Ordinance to define all for-sale, rental and condo conversion developments of five or more units as covered developments, increase the percentage of affordable units in developments receiving public funding from 10% to 20%, and increase the fee-in-lieu of affordable units on site from $40,000 to $100,000 per unit. This ordinance was referred to a sub-committee by the Planning and Development Committee on July 28, 2014. For Introduction (P3) 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. This ordinance was introduced at the April 13, 2015 City Council meeting. For Action APPOINTMENTS (APP 1) For Appointment to: Environment Board Kristin Lems Environment Board Noreen Edwards Mental Health Board Cicely Fleming Transportation/Parking Committee Alejandro Anon For Action (APP 2) For Reappointment to: Human Relations Commission Sharon Bowie Human Relations Commission Stephanie Murray For Action 8 of 483 City Council Agenda April 27, 2015 Page 9 of 9 MEETINGS SCHEDULED THROUGH MAY 2015 Upcoming Aldermanic Committee Meetings Mon, May 4 6 pm Rules Committee Mon, May 4 7:30 pm Human Services Committee Wed, May 6 5:30 pm City-School Liaison Committee Mon, May 11 6 pm A&PW, P&D, City Council meetings Mon, May 18 7 pm City Council meeting Tues, May 19 7 pm Housing & Community Dev Act Committee Wed, May 20 6:30 pm M/W/EBE Advisory Committee Thurs, May 21 5:30 pm Emergency Telephone System Board Fri, May 22 7 am Housing & Homelessness Commission Tues, May 26 6 pm A&PW, P&D, City Council meetings Wed, May 27 6 pm Transportation/Parking Committee Wed, May 27 7:30 pm Economic Development Committee Information is available about Evanston City Council meetings at: www.cityofevanston.org/citycouncil. Questions can be directed to the City Manager’s Office at 847-866-2936. The City is committed to ensuring accessibility for all citizens. If an accommodation is needed to participate in this meeting, please contact the City Manager’s Office 48 hours in advance so that arrangements can be made for the accommodation if possible. 9 of 483 For City Council meeting of April 27, 2015 Item II Public Hearing for Special Service Area for Main/Chicago/Dempster To: Honorable Mayor and Members of the City Council Chair and Members of Economic Development Committee From: Wally Bobkiewicz, City Manager Johanna Nyden, Economic Development Division Manager Cindy Plante, Economic Development Specialist Subject: Public Hearing on Proposed Special Service Area for Main/Chicago/Dempster Business Districts Date: April 20, 2015 Summary: The Main/Chicago/Dempster area merchants and property owners are seeking to establish a Special Service Area (SSA) for commercial properties located within an area bound approximately on the north by Greenwood Street, on the south by Keeney Street, on the west by Elmwood Avenue, and on the east by Hinman Avenue. According to 35 ILCS 200/27-30, a requirement for establishing the SSA is convening a Public Hearing. Under state law, Notice of a Public Hearing must be mailed to persons whose names are on the general taxes for the preceding year not less than 10 days before the time set for the hearing. Additionally, the Notice of Public Hearing must be published in a newspaper not less than 15 days before the hearing. Property owners in the proposed district were notified of the April 27, 2015 Public Hearing by USPS mail with a letter dated March 25, 2015 (mailed on March 27, 2015). The Notice of Public Hearing was published in the Evanston Review on April 9, 2015. The merchants seeking to establish the SSA and the consultant, Place Consulting, working with the merchants, will provide a presentation at the April 27, 2015 hearing on the proposed boundaries, the potential levy, and proposed budget. Background: In April 2014, representatives from the merchant districts associated with the intersections at Main/Chicago and Dempster/Chicago presented over 60 signatures from merchants throughout both districts indicating interest and support for the creation of a Special Service Area for those districts. In creating an SSA, the merchants sought financial support for projects and activities beyond those afforded through the City- sponsored Great Merchant Grant. In particular, additional marketing support as well as Memorandum 10 of 483 funding to complete aesthetic improvement such as additional planters, signage, and litter pick-up was desired. In October 2014 the City retained a consultant, Place Consulting, to work with the merchants on examining the feasibility of creating an SSA and work with the City on designation activities in the event that doing so was found to be feasible and merchants wanted to move forward. After Place Consulting was hired, a group of merchants representing leadership from both districts as well as a mix of tenants and property owners formed a Steering Committee to convene every few weeks to discuss the feasibility of creating the SSA, develop boundaries for the SSA, and determine services they would like to see performed within the SSA. The Steering Committee met as a group five times to establish a framework for the SSA since October 2014. In addition to the Steering Committee meetings, the following additional meetings were convened: • February 3 and 5, 2015. Two back-to-back joint meetings of the business districts to discuss the feasibility of the proposed SSA and solicit input for potential services to be provided and properties for inclusion or exclusion. Notices for these meetings were hand delivered to all businesses/properties within the proposed area by staff and members of the business districts. Additionally multiple email reminders were sent to both the Chicago/Dempster Merchants Association and the Main Street Merchant email distribution lists. Postcard notices of both meetings were sent to all property owners owning property within the proposed district. • March 12, 2015. Final joint meeting of the business districts and Place Consulting to summarize what was learned in the two February joint meetings and review proposed services and finalized boundary map. Outreach for noticing for this meeting was identical to what was done in February. Next Steps: If no objections are filed, the proposed SSA levy and boundaries would be considered for introduction on June 22, 2015, with adoption on July 13, 2015. This time period allows for the required 60 day “objection period” to pass. Under state law, property owners within the proposed district have 60 days following the close of the Public Hearing in which to formally object to the creation of the proposed SSA. No less than 51% of property owners must formally object to the SSA in order for it to not be adopted. Attachments: - Public Hearing Agenda - Map of Proposed District - Mailed Public Notice - Public Notice in Evanston Review Page 2 of 2 11 of 483 PUBLIC NOTICE OF A MEETING Public Hearing Proposed Dempster/Main/Chicago Special Service Area Monday, April 27, 2015 7:00 PM Lorraine H. Morton Civic Center, 2100 Ridge Avenue, City Council Chambers AGENDA I. Open Public Hearing II. Summary of Public Notices and Conformance to Illinois Statute III. Presentation of Proposed Special Service Area Boundaries and Tax Levy IV. Introduction of Written Comments V. Public Comments and Discussion VI. Close of Public Hearing Order & Agenda Items are subject to change. Information about the Special Service Areas of Evanston is available at www.cityofevanston.org/government/boards-commissions. Questions can be directed to Johanna Nyden 847-448-8014 The City of Evanston is committed to making all public meetings accessible to persons with disabilities. Any citizen needing mobility or communications access assistance should contact the Facilities Management Office at 847-866-2916 (Voice) or 847-448-8064 (TYY). 12 of 483 CHICAGO AVEDEMPSTER STELMWOOD AVEELMWOOD AVEGREENLEAF ST GREENWOOD ST HAMILTON ST HINMAN AVEHINMAN AVEKEDZIE ST KEENEY ST LEE ST LEE ST MAIN ST SHERMAN AVESHERMAN AVESHERMAN AVE13 of 483 March 25, 2015 To Whom it May Concern: Please be advised that the City Council of the City of Evanston is contemplating the creation of a Special Service Area along the commercial corridors of Chicago Avenue, Main Street, and Dempster Street to support aesthetic improvements, public-way enhancements, and business district activities. The consideration of the proposed Special Service Area is a joint request from the Chicago/Dempster Merchants Association and the Main Street Merchants Association. The attached Notice of Hearing provides additional details on this potential new Special Service Area. You are receiving this notice because, according to Cook County, you own property within the district that the Special Service Area is proposed to be established. According to records you own property at: Address: PIN: The Public Hearing on April 27, 2015 at 7:00p will include an opportunity to provide public testimony on the proposed Special Service Area. For questions on the Special Service Area, please contact any of the following people: Tim Peterson, Chicago/Dempster Merchants Association e: tim@squeezeboxbooks.com | p: 847/943.9309 Malik Turley, Main Street Station Merchants Association e: Malik@hipcirclestudio.com | p: 847/328.5767 Johanna Nyden, City of Evanston, Economic Development Division e: jnyden@cityofevanston.org | p: 847/448.8100. City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 T 847.448.4311 TTY 847.448.8064 www.cityofevanston.org 14 of 483 NOTICE OF HEARING -CITY OF EVANSTON PROPOSED SPECIAL SERVICE AREA NUMBER 6 NOTICE IS HEREBY GIVEN that on April 27, 2015 at 7:00p in City Council Chambers, 2100 Ridge Avenue, Evanston, Illinois 60201,ahearing will be held by the City Council of the City of Evanston to consider the establishment of aSpecial Service Area consisting of territory legally described as follows: Legal Description of Special Service Area Dempster/Main/Chicago Avenue, Evanston, IL. All that part of Sections 18 and 19,To wnship 41 North, Range 14, East of the ThirdPrincipal Meridian, being bounded and described as follows: Beginning at the Southeast corner of Lot 1inThe Resubdivision of lots 1and 2inthe Resubdivision of Lot 6and that part of Lots 1to5lying East of the We st 24.2 feet of Block 1in O. Husse’sAddition to Evanston in Section 19 aforesaid; thence We st along the South line of said Resubdivision and its extension to the East line of an alley We st of Sherman Avenue; thence North, along said East line, to the South line of the North 30 feet of Lot 23 in Block 1ofsaid O. Husse’sAddition to Evanston; thence We st, along the South line of said North 30 feet of Lot 23 to the East line of Elmwood Avenue; thence North, along said East line and its extension to the North line of Lot 10 in A. J. Brown’sSubdivision of Block 40 in Village of Evanston in Sections 13,To wnship 41 North, Range 13 and Sections 7, 18 and 19,To wnship 41 North, Range 14 east of the ThirdPrincipal Meridian; thence East, along said North line of Lot 10 to the East line of an alley East of Elmwood; Thence North, along said East line to the South line of Greenwood Street; thence We st, along the South line of Greenwood street to the We st line of Chicago Avenue; thence South, along the We st line of Chicago Avenue to the North line and its extension of Lot AinStewart Consolidation of Lots 12 and 13 in Block 38 in the Village of Evanston aforesaid; thence East, along the North line and its extension of said Lot Atothe East line of an alley East of Chicago Avenue; thence South, along said East line to the North line of Dempster Street; thence South to the intersection of the South line of Dempster Street and the We st line of an alley East of Chicago Avenue; thence South, along the We st line of said alley East of Chicago Avenue to the Northeast corner of Lot 13 in Block 76 in Village of Evanston Subdivision in said Section 19; thence Southwest, along the North line of said Lot 13,adistance of 62.41 feet to apoint 93 feet 11 7/8 inches from the Northwest corner of said Lot 13; thence South to apoint 85 feet and 1inchEast of the Southwest corner of said Lot 13; Thence continuing South along the extension of the last described line to the South line of Hamilton Street; thence We st, along the South line of Hamilton Street to the East line of Chicago Avenue; thence South along the East line of Chicago Avenue, to the North line of Lot 21 in Block 77 in said Village of Evanston; thence East, along the North line of said Lot 21 to the We st line of an alley East of Chicago Avenue; thence South, along said We st line of the alley and its extension, to the South line of Greenleaf Street; thence East, along said South line, to the We st line of an alley East of Chicago Avenue; Thence South, along said We st line and its extension, to the South line of Lee Street; thence East to the We st line of an alley East of Chicago Avenue; thence South, along said We st line to the extension of the North line of Lot 23 in Gibbs, Ladd and Georges Addition to Evanston in said Section 19; thence We st, along the North line and its extension of said Lot 23 to the We st line of Hinman Avenue; thence South, along said We st line and its extension to the North line of the South 4.46 feet of Lot 23 in the Resubdivision of the East half of Block 11 and the We st half of Block 10 in White’sAddition to Evanston in Said Section 19; Thence We st, along the North line of the South 4.46 feet of said Lot 23 and its extension to the We st line of an alley East of Chicago Avenue; thence South, along said We st line to the North line of Kedzie Street; thence South to the intersection of the South line of Kedzie Street with the We st line of an alley East of Chicago Avenue; thence South, along the We st line of said alley East of Chicago Avenue to the North line of Keeney Street; thence We st, along the North line of Keeney Street to the East line of Chicago Avenue; thence North, along the East line of Chicago Avenue to the North line and its extension of Madison Street; thence We st, along the North line of Madison Street to the We st line Custer Avenue; thence North, along the We st line of Custer Avenue, to the North line and its extension of an alley North of Madison Street; thence We st, along the North line and its extension, to the Southwest corner of Lot AinPlatofConsolidation of Lots 1,2and 3private alley lying South of and adjoining in Owner’sResubdivision of Lots 1,2and 3inBlock 6inAdams and Brown’sAddition to Evanston in Section 19 aforesaid; thence North, along the We st line of said Lot A, to the Northwest corner of Lot A; thence East, along the North line of Lot A, to a corner of Lot A; thence North, along the We st line of Lot Atothe Northwest corner of Lot A, being on the South line of Wa shington Street; thence North to Southwest corner of Lot 7in the Resubdivision of Lots 16 and 17 of Block 1insaid Adams and Brown’sAddition to Evanston; thence North, along the We st line of Lots 1to7insaidResubdivision, to the North line of an alley lying South of main Street; thence We st, along said North line, to the Southeast corner of Lot 4inBayley’sSubdivision of Lots 7and 8inBlock 1insaid Adams and Brown’s Addition to Evanston and Lots 1to5in Block 2inAdams andBrown’sAddition to Evanston; thence North, along the East line of Lots 2,3 and 4inBlock 1ofsaid Bayley’sSubdivision, to the Southeast corner of Lot 1inBlock 1ofBayley’sSubdivision; thence We st, along the South line of said Lot 1and itsextension, to the East line of Sherman Avenue; thence We st to the Southeast corner of Lot 1onBlock 2ofsaid Bayley’sSubdivision; thence We st, along the South line of said Lot 1, to the Southwest corner of said lot; thence North, along the We st line of said Lot 1and its extension, to the North line of Main Street; thence West, along the North line of Main Street, to the East line of Maple Avenue; thence North, along the East line of Maple Avenue, to the South line of the North 60 feet of Lots 7and 8inGeorge Huntoon’sAddition to Evanston in said Section 19; thence East along the South line of the North 60 feet of said Lots 7and 8, to the East line of said Lot 8; thence North, along said East line, to the North line of said George Huntoon’sAddition to Evanston, thence East, along said North line and its extension, to the East line of Sherman Avenue; thence South, along the East line of Sherman Avenue, to the Southwest corner of Lot 20 in Foster’sAddition to South Evanston in said Section 19; thence East, along the South line of Lot 20 and its extension, to the East line of an alley East of Sherman Avenue; thence North, along said East line, to abendinsaidEastline; thence continuing North, long the East line of the alley,tothe NorthwestcornerofLot 8inNicholasMersch’sAddition to South Evanston in said Section 19; thence East, along the north line of Lot 8tothe We sterly right of way line of the Chicago and NorthwesternRailroad; thence Northwest, along said right of way line, to the South line and its extension of Lot 1inThe Resubdivision of lots 1and 2inthe Resubdivision of Lot 6and that part of Lots 1to5lying East of the We st 24.2 feet of Block 1inO.Husse’s Addition to Evanston in Section 19 aforesaid; thence We st along the South line of said Lot 1and itsextension to the point of beginning, all in the City of Evanston, Cook County,Illinois. The approximate location of the proposed Special Service Area is located in the commercial corridor of Dempster Street south to Main Street and includes Chicago Avenue between the two commercial streets in the City of Evanston, Cook County,Illinois. The area comprised of commercial and mixed use properties as well as some residential is focused primarily on the inclusion of properties that include ground floor commercial uses. All interested persons affected by the proposed establishment of the Special Service Area will be provided with an opportunity to be heardregarding the formation of, the boundaries of, the special service area and may object to the formation of the area and the levy of taxes affecting the area.Thepurpose for establishing the Special Service Area is to provide asource of funds for business district activities that areproposed to include within the SSA boundaries, but arenot limited to landscaping activities, installation of holiday decorations, public-way aesthetic improvements, wayfinding signage, and advertising and marketing of the business district. All the described services areunique and in addition to services generally provided by the City of Evanston. At the hearing,atax levy for the Special Service will be considered. The proposed annual tax levy for the Special Service Area is an amount not to exceed an annual rate of .45% (percent) of the equalized assessed value of the property within the proposed Special Service Area and the tax will be levied for indefinite period of time from and after the date of the ordinance establishing the Special Service Area. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the provisions of the Property Ta xCode (35 ILCS 200/1-1 et seq). The tax levies areintended to produce approximately $200,000 annually for the cost of the services described above. The City of Evanston, however,may annually levy up to the maximum rate specified in the ordinance establishing the Special Service Area for the cost of services described above as said services become necessary and areprovided by the City of Evanston. The hearing may be adjourned by the City Council of the City of Evanston to another date without further notice other than amotion to be entered upon the minutes of its meeting fixing the time and place of its adjournment. If apetition objecting to the establishment of the proposed Special Service Area, the tax levy,orthe imposition of atax for the provision of special services to the proposed Special Service Area that has been signed by at least fifty-one percent (51%) of the electors residing within the proposed Special Service Area, and by at least fifty-one percent (51%) of the owners of recordofthe land included within the boundaries of the proposed Special Service Area, is filed with the City of Evanston City Clerk within sixty (60) days following the final adjournment of the public hearing regarding the establishment of the proposed Special Service Area, no such Special Service Area may be established nor any tax levied or imposed. Dated this 25th day of March, 2015.15 of 483 16 of 483 17 of 483 18 of 483 7For the City Council Meeting of September 20, 2010 2nd Quarter Financial Report For City Council meeting of April 27, 2015 Item SP1 First Quarter Financial Report for Fiscal Year 2015 For Acceptance and Placement on File To: Honorable Mayor and Members of the City Council From: Martin Lyons, Assistant City Manager/Chief Financial Officer Ashley Porta, Assistant Director of Administrative Services Daivd Meimers, Accounting Manager Subject: First Quarter Financial Report for Fiscal Year 2015 Date: April 22, 2015 Recommended Action: Staff recommends City Council accept and place the First Quarter Financial Report for FY 2015 on file. Summary: The City ended the first quarter of the 2015 fiscal year in stable financial condition. The City’s financial performance is the result of revenues remaining relatively consistent with budget targets and expenditures being below budgeted levels. March represents the third month of the City of Evanston’s 2015 fiscal year. As a result, it is too early to draw any meaningful conclusions or projections relative to the City’s financial performance in FY 2015. Staff will continue to monitor City revenues and expenditures/expenses throughout FY 2015 and will provide regular updates to the City Council. Attached are summaries of the City’s funds for the first quarter of FY 2015. In reviewing these reports, please note the following: • A majority of the revenues are recorded at the time they are actually received (permits, property taxes, fees, etc.), however, some revenues are recorded at the time of notification of the revenue being earned by the City (sales, income, telecommunications taxes, etc). • State revenue sources are delayed by one to three months based on the revenue source in question. Memorandum 19 of 483 • While some revenues are received on a monthly basis, other revenues are received less uniformly throughout the year. An example is property taxes, which are billed bi-annually and then distributed by the County as payments are received. This disbursal method contrasts with other revenue sources such as sales taxes, which are collected by the State and distributed on a monthly basis. • Operating expenses, including payroll, are reported at the time they are incurred during the year. At year-end, the City often receives invoices after the close of the year, for services used or items purchased during the year. These expenses are recorded into the previous year for which they were incurred. • Operating expenses are incurred on a uniform basis for items such as payroll, utilities, fuel, etc., and on an as needed basis for supplies, equipment and specific outsourced services. General Fund Revenues: General Fund revenues through the March 31, 2015 were $25.4 or 27.7% of budget, or slightly above the 25% budget target. The first quarter performance of major General Fund revenue sources is summarized below: • Through March 31, 2015 property tax revenue was $6,269,018 or 53.9% of budget. • State income tax was recorded in the amount of $1,887,234 through March 31, 2015, achieving 25.2% of the budget target for this revenue item. State income tax is typically received in arrears by one or two months. • Sales tax revenue in the first quarter of FY 2015 was $3,787,603 or 23.1% of budget. During the end of the first quarter 2014, the City received 21.9% of sales tax for the year; typically sales tax has the highest collections in the third quarter. • Real estate transfer tax through March 31, 2015 totaled $609,972 achieving 21.2% of the budget target for this item. • Through March 31, 2015, licenses, permits, and fees were approximately 25.4% of budget at $3,421,248. All of the above revenues are higher in 2015 than they were for the same period in 2014 with the exception of property tax revenue. Property taxes were lowered for the 2014 levy (payable 2015). - 2 - 20 of 483 General Fund Expenditures: Through March 31, 2015, General Fund expenditures were $19.1 million or 21.3% of budget for FY 2015. It is important to note, for the General Fund, many expenditures / disbursements are not made evenly throughout the year. For example: • Seasonal employee wages in Parks, Recreation and Community Services are typically charged during the summer months. • Police Department assigns additional patrol details during the summer months. • The first paycheck paid in January (Jan 1, 2015) has been charged back to 2014 (payroll ended Dec 28, 2014) – payroll expenses will “catch up” at year-end. Staff will continue to monitor expenditures throughout the year and will provide regular reports to the City Council. As noted in Attachment B, the City will also be monitoring the progress of the State of Illinois current and future budget for 2015/16. Based on the decisions made by the state, the City may need to initiate expense reduction/containment measures both in 2015 and in 2016. Enterprise Funds: Revenues and expenses for the Parking, Water, Sewer and Solid Waste Funds were all below the 25% budget target. Similar to the General Fund, many enterprise fund revenues and expenses / disbursements do not occur evenly throughout the fiscal year. In addition, Water and Sewer Fund revenues are typically lowest during the winter months. As a result, it is difficult to project whether the enterprise funds will perform close to budgeted levels at this time. Staff will continue to monitor and report on the performance of City enterprise fund revenues and expenditures throughout FY 2015. Attachments Attachment A -- March 31, 2015 Monthly Financial Report Attachment B – FY2015 Financial Update - 3 - 21 of 483 ATTACHMENT A 22 of 483 23 of 483 24 of 483 25 of 483 To: Wally Bobkiewicz, City Manager Martin Lyons, Assistant City Manager/CFO From: David Meimers, Accounting Manager/Controller Subject: FY2015 – 1st Quarter End Investment Report Date: April 16, 2015 Attached please find the investment report as of March 31, 2015. A comparison between the 2014 fourth quarter investment report and 2015 first quarter indicates an increase in combined cash and investments of $12,564,765 from $63,257,795 to $75,822,560. Cash and investment changes from the previous period are summarized below: The net increase of $12.6M in cash and investments was primarily due to Property Tax revenues received from Cook County. The City received the first installment of the 2014 Property Tax levy in the amount of $14.8M. This includes $6.2M for the General Fund, $2.5M for the Library and $6.1M for Debt Service principally offset by Capital Outlay and IEPA loan payments. As of March 31, 2015, ledger balances showing the highest percentage of total deposits was held by First Bank and Trust at approximately $33.6M, or 44% of the City’s $75.8M in cash and investments followed by US Bank with $29.4M or 39% of the total. The remaining funds were invested with PMA or Chase Bank and IMET. This is in compliance with the City’s investment policy to ensure no financial institution should have greater than 50% of the City’s total deposits. If you have any questions on this report or would like to discuss in greater detail, please contact me at (847) 866-2905 or at dmeimers@cityofevanston.org. Note: The City is in the process of closing its account with IMET and moving all remaining funds due to concerns over IMET’s investment practices. As of March 31, 2015 the City has reduced its holdings to $3.8M or 4.96% of the Cities Cash holdings. 03/31/2015 12/31/2014 Change Cash 34,609,097$ 21,868,707$ 12,740,390$ Investments 41,213,463$ 41,389,088$ (175,625)$ Total 75,822,560$ 63,257,795$ 12,564,765$ Memorandum 26 of 483 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 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 A B C D E F City of Evanston Cash & Investment Summary by Fund March 31, 2015 Fund #Fund Cash Investments Interfund Total 100 General 5,853,313 3,173,654 1,759,816 10,786,783 175 General Assistance 89,935 14,766 (346,036)(241,335) 185 Library 3,478,957 (1,466,235)2,012,722 186 Library Debt Service 290,517 290,517 195 Neighborhood Stabilization 217,644 (27,444)190,200 200 MFT 2,803,215 (277,667)2,525,548 205 E911 45,283 645,772 (31,972)659,083 210 SSD4 (15,623) (15,623) 215 CDBG 357,438 (460,688) (103,250) 220 CD Loan 137,780 23,838 161,617 225 Economic Dev.2,824,228 392,065 (342,565)2,873,728 235 Neighborhood Improvement 149,915 149,915 240 Home 26,061 (12,283)13,778 250 Affordable Housing 505,314 363,518 18,173 887,004 300 Washington National TIF 3,558,762 5,114,893 (1,103,156)7,570,498 305 SSD5 629,079 629,079 310 Howard Hartrey 4,039,741 (1,038,912)3,000,829 315 Southwest TIF 896,123 (2,458)893,665 320 Debt Service 6,230,796 90,098 771,348 7,092,242 330 Howard Ridge 181,617 152,591 (5,053)329,155 335 West Evanston 552,205 (59,395)492,811 415 Capital Improvements 893,586 6,515,739 (82,648)7,326,677 420 Special Assessment 2,354,279 239,315 3,721 2,597,315 505 Parking 4,608,430 10,089,353 (738,853)13,958,930 510 Water 1,548,063 7,021,554 (834,279)7,735,339 515 Sewer 7,179,936 4,985 (3,563,585)3,621,336 520 Solid Waste (1,395,014) (1,395,014) 600 Fleet (469,989) (469,989) 601 Equipment Replacement 901,919 524,176 1,426,095 605 Insurance 822,904 822,904 42,958,975 41,213,463 (8,349,878)75,822,560 Includes negative cash balance reclassed to interfund liability.* * * * * * * 27 of 483 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 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 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 A B C D E F G H City of Evanston Cash & Investments Bank Investment Investment Fiscal YTD Investment Description Type Bank Rate Est. Income Amount Fund #Fund IL Funds MMA US Bank 0.017 135 3,173,654 100 General IL Funds MMA US Bank 0.017 1 14,766 175 General Assistance IL Funds MMA US Bank 0.017 119 2,803,215 200 MFT IL Funds MMA US Bank 0.017 27 645,772 205 E911 IL Funds MMA US Bank 0.017 17 392,065 225 Economic Development IL Funds MMA US Bank 0.017 15 363,518 250 Affordable Housing IL Funds MMA US Bank 0.017 197 4,646,808 300 Washington National IL Funds MMA US Bank 0.017 156 3,677,515 310 HH TIF IL Funds MMA US Bank 0.017 1,348 320 Debt Service IL Funds MMA US Bank 0.017 6 139,130 330 Howard Ridge TIF IL Funds MMA US Bank 0.017 21 502,846 335 West Evanston TIF IL Funds MMA US Bank 0.017 240 5,642,051 415 Capital Improvements IL Funds MMA US Bank 0.017 9 217,858 420 Special Assessment IL Funds MMA US Bank 0.017 41 961,450 505 Parking IL Funds MMA US Bank 0.017 180 4,240,526 510 Water IL Funds MMA US Bank 0.017 86 2,018,485 511 Water BD & INT IL Funds MMA US Bank 0.017 4,984 515 Sewer US BANK Total 1,251 29,445,988 Money Market Fund MMA IMET 0.220 257 468,085 300 Washington National Money Market Fund MMA IMET 0.220 199 362,227 310 Howard Hartrey TIF Money Market Fund MMA IMET 0.220 49 88,750 320 Debt Service Money Market Fund MMA IMET 0.220 7 13,462 330 Howard Ridge TIF Money Market Fund MMA IMET 0.220 27 49,359 335 West Evanston TIF Money Market Fund MMA IMET 0.220 481 873,688 415 Capital Improvements Money Market Fund MMA IMET 0.220 12 21,458 420 Special Assessments Money Market Fund MMA IMET 0.220 619 1,124,878 505 Parking Money Market Fund MMA IMET 0.220 295 536,053 510 Water Money Market Fund MMA IMET 0.220 125 226,490 511 Water BD & INT IMET Total 2,070 3,764,450 Money Market Fund MMA PMA 0.150 2,959 8,003,025 505 Parking PMA Total 2,959 8,003,025 Grand Total 6,282 41,213,463 Cash Total Chase 1st Bank Cash Cash 5,853,313 932,479 4,920,835 100 General Cash Cash 89,935 89,935 175 General Assistance Cash Cash 3,478,957 3,478,957 185 Library Cash Cash 290,517 290,517 186 Library Debt Service Cash Cash 217,644 217,644 195 Neighbrhd Stablztn Cash Cash 45,283 45,283 205 E911 Cash Cash 357,438 357,438 215 CDBG Cash Cash 137,780 137,780 220 CD Loan Cash Cash 2,824,228 2,824,228 225 Economic Dev. Cash Cash 149,915 149,915 235 Neighbrhd Improvemt Cash Cash 26,061 26,061 240 Home Cash Cash 505,314 505,314 250 Affordable Housing Cash Cash 3,558,762 3,558,762 300 Washington National TIF Cash Cash 629,079 629,079 305 SSD5 Cash Cash 896,123 896,123 315 Southwest TIF Cash Cash 6,230,796 6,230,796 320 Debt Cash Cash 181,617 181,617 330 Howard Ridge Cash Cash 893,586 893,586 415 Capital Improvements Cash Cash 2,354,279 2,354,279 420 Special Assess Cash Cash 4,608,430 4,608,430 505 Parking Cash Cash 1,548,063 1,548,063 510 Water Cash Cash 7,179,936 33,064 7,146,872 515 Sewer Cash Cash 901,919 901,919 605 Insurance 42,958,975 965,543 41,993,432 Total Cash 42,958,975 Interfunds & negative cash (8,349,878) Net Cash 34,609,097 Total Investments & Cash 75,822,560 CASH / INVESTMENT Investments Cash Total BALANCES BY BANK Amount %Amount %Amount % 1ST Bank 33,643,554 97.21%33,643,554 44.37% Chase 965,543 2.79%965,543 1.27% PMA 8,003,025 19.42%8,003,025 10.55% IMET 3,764,450 9.13%3,764,450 4.96% US Bank 29,445,988 71.45%29,445,988 38.84% Total 41,213,463 100.00% 34,609,097 100.00% 75,822,560 100.00% March 31, 2015 28 of 483 Attachment B To: Honorable Mayor and Members of the City Council From: Wally Bobkiewicz, City Manager Martin Lyons, Assistant City Manager/Chief Financial Officer Subject: 2015 Financial Update Date: April 20, 2015 The first quarter financial report shows the City’s current financial standing. City staff is continuing to keep expenses below budget with General Fund first quarter (25%) expenditures at approximately 21.3% of budget and revenues at 27.7% of budget. Detailed analysis regarding the City’s fund balances is also included. The State of Illinois budget is still in a state of flux. Since Evanston receives funding through the state for many items, there is the possibility of decreased revenue. In April, the City learned that the State would not be fully distributing municipalities’ share of the Motor Fuel Tax. There was a $50 million state-wide cut in the distribution for this month. The City received only $68,647.49 for March. Also, the State continues to discuss the possibility of cutting the LGDF distribution of income tax to the municipalities by 50%. As mentioned in the March 16 Council meeting, this would be a decrease of $3.75 million in funding to Evanston. Given the aforementioned conditions staff has outlined the following potential cost containment steps for 2015. 1. Re-institute furlough days for employees. Used most recently in 2013, furlough days are unpaid days off which would be required for each employee. One furlough day would save approximately $215,000. Police and Fire employees would see a reduction in their comp/holiday banks, thus cash savings would equal approximately $115,000. (Please see the table on the following page.) The potential dates for furlough consideration are the Friday before Labor Day and New Year’s Eve. The City will meet and confer with unions as needed per contract. Furlough days will be implemented only of the State reduces funding to the City. Memorandum 29 of 483 Attachment B One-Day Furlough Savings by Dept Dept Name Total 14 City Clerk 425.75$ 15 City Manager's Offic 4,526.46$ 17 Law 3,231.38$ 19 Admin. Services 17,381.87$ 21 Community Devel.8,065.56$ 22 Police *70,366.18$ 23 Fire*31,504.05$ 24 HHS 5,356.43$ 26 Public Works 32,117.75$ 30 PRCS 13,945.66$ 48 Library 11,944.19$ 71 Utilities 15,870.87$ 214,736.14$ **For Police and Fire staff, savings would be a deduction of 8 hours of comp/holiday time from their banks. This would reduce the amount of time available for payouts annually. 2. The City’s budget team will engage all departments on a monthly basis in order to monitor budget performance for the remainder of 2015. 3. The City will reduce department approval levels for all expenses (to $5,000) and CFO and City Manager will approve all expenses above this amount. The above changes will be in place until the State adopts its 2015-2016 budget (starting date 7/1/2015). If the State reduces municipal funding as a result of this budget, the City will review further expense reductions. City staff will be consulted throughout the organization regarding the above and other potential cost saving/budget balancing efforts during the second half of 2015 (after the State’s 2015/2016 budget is adopted). 30 of 483 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, April 13, 2015 Roll Call: Alderman Fiske Alderman Grover Alderman Wilson Alderman Rainey Alderman Holmes Alderman Burrus Alderman Tendam Absent: Alderman Barithwaite and Alderman Wynne Presiding: Mayor Elizabeth B. Tisdahl The Regular Meeting was called to order by Mayor Tisdahl on Monday, April 13, 2015 at 7:50 pm in the Council Chamber. Mayor Public Announcements and Proclamations: Mayor Tisdahl announced that this was Alderman Burrus’ last day on the council and presented her with flowers and award for her years of service with the City. The Mayor gave each Aldermen the opportunity to speak and they thanked Alderman Burrus for her years of service as a member of the Evanston City Council. Mayor Tisdahl announced that the month of April is National Fair Housing month and that April12-18 is National Library and National Volunteer week. The Mayor also mentioned that the City of Evanston won the Earth Hour Capital 2015 of the USA from the World Wild Life Foundation. City Manager Public Announcements: Erika Storlie, Deputy City Manager, introduced Paul D’Agostino, Assistant Director of Public Works/Forestry, who announced that community members are invited to participate in the City's “Clean up, Evanston" event in honor of Earth Day and Arbor Day on Saturday, April 25, from 9 a.m. to 11 a.m. Mr. D’Agostino also announced that the City of Evanston has been awarded the Tree City USA for the 31st consecutive year. Mr. D’Agostino presented Mayor Tisdhal with the 2014 Tree City USA award. Citizen Comment: 31 of 483 City Council Agenda April 13, 2015 Page 2 of 12 Junad Rizki - Expressed his concerns regarding the Harley Clarke Mansion and the City Council approving $900,000 for a fog house renovation. He also stated that the City of Evanston will lose $5 million dollars on the 1517 Maple agreement. Betty Ester – Expressed her disapproval regarding the agreement between the City of Evanston and North Shore Contractors. She believes that the building should be sold on the open market to help with some of the City’s debt. Jeanne Lindwall – Feels that there is a current disconnection between the City Manager, City Staff and Council Members and the Evanston residents. She believes that it’s important to focus on capital improvements around the City instead of focusing on the sale of the lakefront property. Mary Rosinski – Reiterated the statements of Jeanne Lindwall regarding the lake front property. She announced that the Dajae Coleman foundation award is on May 3rd and tickets are $40 which can be purchased online. There will be scholarships of $1000 each that will be given out to children who are freshmen. She also stated that this is Telecommunications week in Evanston from April 12-18. Carl Bova - Stated that some of the estimates that he has seen from the City of Evanston’s website are grossly exaggerated. He feels that the City should redevelop the Harley Clark Mansion on an as needed basis. Mr. Bova also expressed his concerns regarding 1571 Maple. He feels that the code requirement for on-site parking serves a broader community. Peggy Tarr – Expressed her concerns about not receiving a response from Chief Eddington regarding her letter on whether the Police Department will or will not respond to complaints regarding the noise from Revolution X. She also informed the Council that Revolution X will be closing at the end of May and they blamed some of the residents for this decision according to the Revolution X website. Barbara Janes – Stated that she has attended several City Council and the Harley Clarke Committee meetings and that the city staff has failed to provide information to the public to help make informed decisions regarding the future of the Harley Clarke Mansion and surrounding park land. 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 Alderman Burrus stated that the decision to move away from Evanston and resign as the 9th ward Alderman was a difficult decision to make. She thanked her fellow council members, city staff, city manager, and her 9th ward residents for all of their support. Alderman Burrus also thanked her husband Dave and Brother Bo for their support during her time in Evanston. 32 of 483 City Council Agenda April 13, 2015 Page 3 of 12 CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting of March 23, 2015. For Action Approved on consent agenda 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 Approved on consent agenda (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 Approved on consent agenda (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 Approved on consent agenda (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. 33 of 483 City Council Agenda April 13, 2015 Page 4 of 12 For Action Approved on consent agenda (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 Approved on consent agenda 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 Approved on consent agenda (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 Approved on consent agenda (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 Approved on consent agenda 34 of 483 City Council Agenda April 13, 2015 Page 5 of 12 (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 Approved on consent agenda (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 Approved on consent agenda (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 Approved on consent agenda (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 35 of 483 City Council Agenda April 13, 2015 Page 6 of 12 Approved on consent agenda (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 Approved on consent agenda (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 Approved on consent agenda (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 Approved on consent agenda (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 Approved on consent agenda 36 of 483 City Council Agenda April 13, 2015 Page 7 of 12 (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 Approved on consent agenda (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 Approved on consent agenda (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 Approved on consent agenda (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 Approved on consent agenda 37 of 483 City Council Agenda April 13, 2015 Page 8 of 12 (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 Approved on consent agenda (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 Approved on consent agenda (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 Approved on consent agenda (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 Approved on consent agenda (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 38 of 483 City Council Agenda April 13, 2015 Page 9 of 12 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 Approved on consent agenda (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 Approved on consent agenda 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 Approved on consent agenda (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. 39 of 483 City Council Agenda April 13, 2015 Page 10 of 12 For Action Approved on consent agenda (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 Approved on consent agenda (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 Approved on consent agenda (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 Approved on consent agenda 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 Approved on consent agenda APPOINTMENTS (APP 1) For Appointment to: Commission on Aging Jessie Macdonald Economic Development Committee Ahmadou Drame 40 of 483 City Council Agenda April 13, 2015 Page 11 of 12 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 Items not approved on the consent agenda: (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 Motion was made and seconded for approval. Motion passed 6-1 and Alderman Fiske voted no. (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 Motion was made and seconded for approval. Motion passed 6-1 and Alderman Fiske voted no. (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 41 of 483 City Council Agenda April 13, 2015 Page 12 of 12 to a local non-profit affordable housing developer for acquisition of affordable housing units in the downtown area. For Action Motion was made and seconded for approval. Motion passed 7-0. Call of the Wards: Ward 1 Alderman Fiske: She gave her best wishes to Alderman Burrus and asked that her to keep in touch. Ward 2 Alderman Braithwaite: Absent Ward 3 Alderman Wynn: Absent Ward 4 Alderman Wilson: No report Ward 5 Alderman Holmes: She stated that she really appreciated Alderman Burrus’ consistency. She also mentioned that she attended screening for the movie Selma at the Fleetwood-Jourdaine Community Center. The 5th ward meeting will be on this Thursday at Fleetwood and everyone is welcome. Ward 6 Alderman Tendam: Announced two passing in the 6th ward, Jane Autwell and Bill Whitney. They were both pillars of the community and will be missed. Ward 7 Alderman Grover: Thanked the Mayor for her trip to Korea on the Council behalf. She congratulated the winners of the school board elections last week. She also mentioned that all the election signs are recyclable. She wished Alderman Burrus well and congratulated her on the opportunity she was given. Alderman Burrus will be missed in the community. Ward 8 Alderman Rainey: She urged the television audience not to believe everything that is said at the podium. She is tired of the relentless council bashing that is done. She wanted Alderman Burrus to know how her brilliance and intelligence made her easy to work with. Ward 9 Alderman Burrus: Congratulated Pat McCourt on his re-election as the Commissioner of the Ridgeville Park District. She thanked her fellow council members and the 9th residents for all their support. Alderman Wilson motioned to convene into Executive Session to discuss litigation and minutes with a voice vote the meeting ended at 9:13PM. Respectfully submitted by Leticia A. Blackman Deputy City Clerk 42 of 483 ADMINISTRATION & PUBLIC WORKS COMMITTEE Monday, April 27, 2015 6:15 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston Council Chambers AGENDA I. DECLARATION OF A QUORUM: ALDERMAN RAINEY, CHAIR II. NATIONAL DRINKING WATER WEEK: PROCLAMATION AND AWARDS III. APPROVAL OF MINUTES OF REGULAR MEETING OF April 13, 2015 IV. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through April 5, 2015 $3,024,482.75 (A2) FY2015 City of Evanston Bills – April 28, 2015 $1,658,252.72 For Action (A3.1) Approval of the Renewal of Sole Source Software License and Service Agreement with SunGard Public Sector for Computer Aided Dispatch System (CADS) Staff recommends that the City Council authorize the City Manager to renew sole source software license and service agreement with SunGard Public Sector (1000 Business Center Drive, Lake Mary, FL) for the Police Department’s CADS software in the amount of $75,119.30. The agreement is effective from May 1, 2015 through April 30, 2016. Funding is provided by the Emergency Telephone System Service Agreements & Contracts (Account 202.22.5150.62509) with a Budget of $88,500. For Action Page 1; Rev. 4/23/2015 10:19:49 AM 43 of 483 (A3.2) Approval of Contract Extension with Healy Asphalt for Hot Mix Asphalt (Bid 12-34) Staff recommends City Council authorize the City Manager to execute a one-year contract extension for the purchase of 500 tons of modified hot mix asphalt at a cost of $52.00 per ton and 300 tons of modified hot mix binder at the cost of $44.00 per ton with Arrow Road Construction dba Healy Asphalt (3401 South Busse Road, Mt. Prospect, IL) for for an estimated cost of $39,200. Funding is provided by the FY2015 General Fund Street and Alley budget (Account 100.26.2670.65055) in the amount of $31,800; the Water Fund (Account 510.71.7115.65051) in the amount of $5,000; and the Sewer Fund (Account 515.71.7400.65051) in the amount of $2,400. Healy Asphalt Company has agreed to hold the 2014 prices thru the 2015 construction season For Action (A3.3) Approval of Purchase Award for 2015 Pavement Marking Services Staff recommends City Council authorize the City Manager to purchase pavement markings services through the Suburban Purchasing Cooperative (Northwest Municipal Conference) in the amount of $50,000. The Suburban Purchasing Cooperative awarded its contract to the lowest responsive and responsible bidder, Superior Road Striping (1967 Cornell Court Melrose Park, IL). Funding is provided by the Pedestrian Safety Improvement CIP Project 416434 (Account 415.26.4150.65515). For Action (A3.4) Approval of Two Replacement Vehicle Purchases from Currie Motors Staff recommends City Council authorize the purchase of two (2) replacement Ford pick-up trucks in the amount of $61,962 from Currie Motors, (9423 W. Lincoln Highway, Frankfort, IL) through the Northwest Municipal Conference Suburban Purchasing Cooperative. Funding is provided by the Equipment Replacement Fund (Account 601.26.7780.65550) which has a budget of $1,455,422. This expenditure represents 4.2% of this budgeted amount. For Action (A3.5) Approval of Contract with Schroeder & Schroeder Inc. for 2015 50/50 Sidewalk Replacement Program (Bid 15-25) Staff recommends that City Council authorize the City Manager to execute a contract for the 2015 50/50 Sidewalk Replacement Project with Schroeder & Schroeder Inc. (7306 Central Park Avenue, Skokie, IL) in the amount of $356,610. Funding is provided by Capital Improvement Plan (Projects 415864 and 415870) in the amount of $225,000 and by private funds from property owners estimated at $131,610. For Action Page 2; Rev. 4/23/2015 10:19:49 AM 44 of 483 (A3.6) Approval of 2015 Duncan Solutions, Inc. and Passport Parking Expenses Staff recommends the City Council authorize expenditure to Duncan Solutions, Inc. (633 W. Wisconsin Ave., Milwaukee, WI) and Passport Parking to cover the fees associated with parking meter and pay by cell operations in the amount of $190,400. Funding is provided by the Parking Fund (Account 505.19.7015.65070) with a FY2015 Budget of $230,000 For Action (A4.1) Approval of Sidewalk Café for Freshlii, 1596 Sherman Avenue Staff recommends approval of a first-time application for a sidewalk café permit for Freshii, a Type # 2 restaurant located at 1596 Sherman Avenue. For Action (A4.2) Approval of Sidewalk Café for Patisserie Coralie, 600 Davis Street Staff recommends approval of a first-time application for a sidewalk café permit for Patisserie Coralie, a Type # 2 restaurant located at 600 Davis Street. For Action (A4.3) Approval of Sidewalk Café for Boltwood, 804 Davis Street Staff recommends City Council approval of a first-time application for a sidewalk café permit for Boltwood, a Type # 1 restaurant located at 804 Davis Street. For Action (A4.4) Approval of Sidewalk Café for Tapas Barcelona, 1615 Chicago Avenue Staff recommends approval of a first-time application for a sidewalk café permit for Tapas Barcelona, a Type # 1 restaurant located at 1615 Chicago Avenue. For Action (A5) Authorization to Access Line Of Credit of $4.9 Million Staff recommends that City Council authorize the City Manager to sign an agreement with First Bank and Trust to have access to a Line of Credit up to an amount of $4.9 million for use in the Dempster/Dodge and Main/Chicago TIF Districts. For Action (A6) Approval of Installation of Dempster Street Parklet The Parking & Transportation Committee and staff recommend that City Council approve a parklet sponsored and managed by Hewn, an artisanal bakery, for two parking spaces located at 810 Dempster Street. The proposed seasonal use of the parklet is for a period of time starting in mid-April to the first week of November, for four years (through 2018). Staff proposes transferring $800 annually from the Economic Development Fund to the Parking Fund to offset the revenue forgone due to the installation of the parklet. For Action Page 3; Rev. 4/23/2015 10:19:49 AM 45 of 483 (A7) Ordinance 58-O-15: Adding City Code Section 10-4-20, “Recreational Vehicle Parking” and Amending City Code Section 10-6-2, “Authority to Remove Vehicles” Staff recommends that the City Council adopt Ordinance 58-O-15 amending Title 10, Chapter 4, “Stopping, Standing or Parking” to add Section 20: “Recreational Vehicle Parking,” and amending City Code Section 10-6-2, “Authority to Remove Vehicles” to address illegally parked recreational vehicles. For Introduction (A8) Ordinance 50-O-15, Sale of Surplus Property Fleet Vehicles Staff recommends that City Council adopt ordinance 50-O-15, which authorizes City Manager to sell four vehicles owned by the City through public auction at the Northwest Municipal Vehicle Auctions. For Introduction (A9) Ordinance 52-O-15, Dryden Place Addition to City Street System Staff recommends City Council adoption of Ordinance 52-O-15, adding Dryden Place to the City of Evanston street system as a private street. With the approval of Dryden Place as the street name for this location, the City of Evanston will be able to provide municipal services to these single family homes including fire and police, and the US Postal Service will be able to deliver mail. For Introduction V. ITEMS FOR DISCUSSION (APW1)Fair Trade Uniform Purchasing For Discussion V. COMMUNICATIONS VI. ADJOURNMENT Page 4; Rev. 4/23/2015 10:19:49 AM 46 of 483 Administration and Public Works Committee Meeting Minutes of April 13, 2015 Council Chambers – 6:00 p.m. Lorraine H. Morton Civic Center MEMBERS PRESENT: D. Holmes, C. Burrus, 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: P. Braithwaite, 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 6:04 p.m. II. APPROVAL OF MINUTES OF REGULAR MEETING OF March 23, 2015 Ald. Rainey moved to approve the minutes of the March 23, 2015 A&PW meeting as submitted, seconded by Ald. Holmes. The Minutes of the March 23, 2015 meeting were approved unanimously 4- 0. III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through March 22, 2015 $2,619,595.20 For Action Ald. Burrus moved to approve the City of Evanston Payroll (A1) through March 22, 2015, seconded by Ald. Holmes. The Committee voted unanimously 4-0 to approve the payroll. (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 Ald. Burrus moved to approve the City of Evanston Bills for fiscal year 2015 through April 14, 2015 and the Credit Card Activity through February 28, 2015, seconded by Ald. Rainey. At Ald. Grover’s request, item 2280.65125 Bluepearl Illinois, LLC for Veterinary Services in the amount of $2,038.00 will be held until full Council. Chief DRAFT – NOT APPROVED 47 of 483 Administration and Public Works Committee Meeting Minutes of 4-13-15 Page 2 of 11 Eddington and Assistant City Manager Lyons will review and bring more information. The Committee voted unanimously 4-0 to approve the bills and credit card activity. (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 Ald. Burrus moved to recommend City Council adoption of Ordinance 47- O-15, which allows craft wineries to sell wine for both on-site and off-site consumption, seconded by Ald. Grover. At Ald. Rainey’s inquiry, Walter Clements explained that there are currently no craft wineries in Evanston. His business will make wine onsite similar to Temperance’s business model. He hopes to open in the 2nd Ward. After discussion, the Committee voted unanimously 4-0 to adopt the ordinance. (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 Ald. Rainey moved to recommend 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, seconded by Ald. Grover. The Committee voted unanimously 4-0 to recommend execution of the contract. (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 48 of 483 Administration and Public Works Committee Meeting Minutes of 4-13-15 Page 3 of 11 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 Ald. Grover moved to recommend City Council approve payment of the 2015 Fire and Public Works Departments’ NIPSTA (2300 Patriot Boulevard, Glenview, IL) membership fees in the amount of $23,545, seconded by Ald. Holmes. The Committee voted unanimously 4-0 to approve payment. (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 Ald. Holmes moved to recommend 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, seconded by Ald. Grover. The Committee voted unanimously 4-0 to recommend execution of the agreement. (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 Ald. Burrus moved to recommend 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, seconded by Ald. Holmes. The Committee voted unanimously 4-0 to recommend execution of the contract. (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 49 of 483 Administration and Public Works Committee Meeting Minutes of 4-13-15 Page 4 of 11 $1,378,359.40. Funding will be provided by the approved 2015 Motor Fuel Tax Fund (Account 100.26.5096.66515). For Action Ald. Rainey moved to recommend 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, seconded by Ald. Grover. The Committee voted unanimously 4-0 to recommend execution of the contract. (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 Ald. Grover moved to recommend 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, seconded by Ald. Holmes. The Committee voted unanimously 4-0 to approve authorization of the purchase. (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 Ald. Holmes moved to recommend 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, seconded by Ald. Rainey. The Committee voted unanimously 4-0 to recommend execution of the one year renewal of the purchasing agreement. (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 50 of 483 Administration and Public Works Committee Meeting Minutes of 4-13-15 Page 5 of 11 $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 Ald. Burrus moved to recommend City Council approve the purchase of 249 trees and planting services for 150 trees from Suburban Tree Consortium (STC) in the amount of $80,524.76, seconded by Ald. Grover. The Committee voted unanimously 4-0 to approve the purchase. (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 Ald. Rainey moved to recommend 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, seconded by Ald. Grover. At Ald. Rainey’s inquiry, Lara Biggs, Superintendent of Construction – Utilities, explained that this issue should have been caught during the design phase but did not come up until the submittal of materials and detailed layout. The engineer negotiated with the contractor for a fair price although we would have been required to pay for it anyway. The Committee voted unanimously 4-0 to recommend execution of the change order. (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 Ald. Grover moved to recommend City Council authorize the City Manager to sign a letter of commitment for the Y.O.U. Street Outreach Program, seconded by Ald. Holmes. 51 of 483 Administration and Public Works Committee Meeting Minutes of 4-13-15 Page 6 of 11 At Ald. Rainey’s request, Director of Parks, Recreation and Community Services, stated that all of the various youth programs throughout the City can be brought together for a meeting to give updates on their status. Assistant City Manager Lyons added that this will be scheduled as a third Monday discussion item. The Committee voted unanimously 4-0 to authorize the City Manager to sign the letter of commitment. (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 Ald. Holmes moved to recommend City Council refer the Parks and Facilities 2016-2018 Draft CIP Plan to the Parks & Recreation Board for review, seconded by Ald. Grover. The Committee voted unanimously 4-0 to recommend referral of the Draft CIP Plan. (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 Ald. Burrus moved to recommend 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, seconded by Ald. Grover. John Leineweber, of Evanston North Shore Contractors Cooperative presented slides of the newly gutted and renovated building. During the course of the rehab, he learned there were some structural defects. The project took longer than anticipated due a combination of the structural defects and the weather conditions over the past two winters. 1,000 square feet was added to the existing structure. The building has a full kitchen and all of the bathrooms are ADA accessible. Ald. Rainey acknowledged the efforts of the Cooperative. She recommended this project for the best adaptive reuse award in the City of Evanston. The Cooperative occupies the first floor. The second and third floor have been leased by a group of interconnected companies: PROACT Search, SUPES 52 of 483 Administration and Public Works Committee Meeting Minutes of 4-13-15 Page 7 of 11 Academy and SYNESI Associates. The provide training for prospective superintendents, principals and deans. Ald. Rainey acknowledged the issue of the building not being fully occupied by contractors. She cares about She explained that this property has been on the tax rolls in years and now it is. At Ald. Grover’s inquiry, Mr. Leineweber explained that the Cooperative purchased the building for $1 in 2012 (the building was appraised at $220,000) and received a $200,000 loan from the City towards renovations. The original subscription of $130,000 ($13,000 each) came from members of the Cooperative, but due to the structural conditions and redesign the number is closer to $260,000. He added that under the loan agreement the repayments have begun and the Cooperative is current through May 7, 2015. At Ald. Rainey’s inquiry, Mr. Leineweber explained that the appliances will be installed in early May to use the building as an event space. A tour will be made available at that time. He also offered use of the space to any of the City’s boards and committees. The Committee voted 3-0 to recommend adoption of the Resolution with Ald. Holmes abstaining. (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 Ald. Rainey moved to recommend 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, seconded by Ald. Grover. The Committee voted unanimously 4-0 to recommend adoption of the resolution. (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. 53 of 483 Administration and Public Works Committee Meeting Minutes of 4-13-15 Page 8 of 11 For Action Ald. Grover moved to recommend City Council adopt Resolution 39-R-15, authorizing the City Manager to negotiate and execute a Right-of-Way Ag reement 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, seconded by Ald. Rainey. The Committee voted unanimously 4-0 to recommend adoption of the resolution. (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 Ald. Holmes moved to recommend City Council adopt 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, seconded by Ald. Rainey. At Ald. Grover’s inquiry, Senior Economic Development Coordinator Paul Zalmezak explained that the tenant is responsible for build out costs. The lease is coterminous with the pilot program and the City is not under any obligation. The Committee voted unanimously 4-0 to recommend adoption of the ordinance. (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 Ald. Burrus moved to recommend City Council adopt Ordinance 44-O-15, which amends Evanston City Code to decrease the number of authorized Class C liquor licenses from twenty-tow (22) to twenty-one (21), seconded by Ald. Grover. The Committee voted unanimously 4-0 to recommend adoption of the ordinance. (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 54 of 483 Administration and Public Works Committee Meeting Minutes of 4-13-15 Page 9 of 11 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 Ald. Rainey moved to recommend City Council adopt 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), seconded by Ald. Grover. The Committee voted unanimously 4-0 to recommend adoption of the ordinance. (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 Ald. Grover moved to recommend City Council adopt Ordinance 41-O-15 which allows grocery stores to sell alcohol for offsite consumption and sell beer and wine for onsite consumption, seconded by Ald. Holmes. The Committee voted unanimously 4-0 to recommend adoption of the ordinance. (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 Ald. Holmes moved to recommend City Council adopt 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, seconded by Ald. Grover. The Committee voted unanimously 4-0 to recommend adoption of the ordinance. 55 of 483 Administration and Public Works Committee Meeting Minutes of 4-13-15 Page 10 of 11 (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 Ald. Burrus moved to recommend City Council adopt 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, seconded by Ald. Grover. PUBLIC COMMENT Niki Hiltwein expressed concern about the P-1 license. Sketchbook sent an e- mail to the Liquor Commission before the August Liquor Board meeting requesting the P-1 license class be amended to reflect the change for the P-2 licensees. Sketchbook was asked to attend the October 13, 2014 APW meeting to explain the rationale for the requested change. She stated she was not informed of this in advance. The information was not available in the public domain. Meeting notes and records are not verbatim records of the proceedings. She asked the committee why some committee meetings are not recorded. Ms. Hiltwein and her neighbor met with Ald. Wynne, Cesar and 10 days before the grand opening to discuss 22 ounce bottles. Mr. Marin explained that the 22 ounce bottles would contain higher priced specialty beer. She was very concerned to hear at the February 26, 2015 Liquor Board meeting that Sketchbook would offer not only their specialty beer, but their regular beer in 22 ounce bottles. Ald. Burrus explained that not all committee meetings are recorded. Corporation Counsel Farrar added that this issue has been vetted at numerous Liquor Control Board meetings. Staff has made special attempts to ensure Ms. Hiltwein was fully noticed of all meetings, given all materials and given the opportunity to speak at all meetings. Cesar Marin, owner of Sketchbook, explained that the intent of bottling in 22 ounce containers is proper capping and can withstand aging. The current lowest price at Sketchbook is $8. Growlers are only good for 3-4 days because of the way they are capped. The core of the business is sustainability by having consumers bring their bottles back for refills The Committee voted unanimously 4-0 to recommend adoption of the ordinance. (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 56 of 483 Administration and Public Works Committee Meeting Minutes of 4-13-15 Page 11 of 11 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 Ald. Rainey moved to recommend City Council adopt 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 building in connection with special one-day liquor licenses, Class z-3 and Class Z-4 liquor licenses, seconded by Ald. Grover. The Committee voted unanimously 4-0 to recommend adoption of the ordinance. (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 Ald. Grover moved to recommend City Council consider 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, seconded by Ald. Burrus. The Committee voted unanimously 4-0 to recommend adoption of the ordinance. Ald. Rainey made a reference to the Liquor Control Board asking if a Type II restaurant (D&D Dogs) with a liquor license could serve liquor on their outdoor private patio. IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT Ald. Grover moved to adjourn. The meeting was adjourned at 7:08 pm. Respectfully submitted, Janella Hardin, PHR 57 of 483 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 22, 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 23, 2015 through April 05, 2015 $3,024,482.75 (Payroll includes employer portion of IMRF, FICA, and Medicare) Bills List – April 28, 2015 $1,658,252.72 General Fund Amount – Bills list $ 161,450.11 TOTAL AMOUNT OF BILLS LIST & PAYROLL $4,682,735.47 *Advanced checks are issued prior to submission of the Bills List to the City Council for emergency purposes, to avoid penalty, or to take advantage of early payment discounts. Attachments: Bills List For City Council meeting of April 27, 2015 Item A1/A2 Business of the City by Motion: City Payroll and Bills For Action Memorandum 58 of 483 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.28.2015 100 GENERAL FUND 100 GENERAL SUPPORT 21680 RTA TRANSIT BENE FARE PROGRAM *RTA TRANSIT BENEFIT PROGRAM 1,906.00 22725 VERIZON WIRELESS COMMUNICATION CHARGES 8,599.08 41335 ILLINOIS DEPT OF REVENUE *SALES TAX MARCH 3.00 100 GENERAL SUPPORT Total 10,508.08 1300 CITY COUNCIL 62295 ELIZABETH B. TISDAHL REIMBURSEMENT-NWMC LEGISLATIVE DAY 501.76 1300 CITY COUNCIL Total 501.76 1505 CITY MANAGER 62295 BONANDER, JEAN MANAGEMENT CONSULTING 4,515.68 65095 OFFICE DEPOT OFFICE SUPPLIES 224.38 1505 CITY MANAGER Total 4,740.06 1510 PUBLIC INFORMATION 62205 MINUTEMAN PRESS LEAF BLOWER DOOR HANGERS 211.91 62665 FACE ELECTRIC FURNISH AND INSTALL NEW CIRCUITS AND MOUNT DIMMERS 2,000.00 65095 OFFICE DEPOT OFFICE SUPPLIES 8.66 1510 PUBLIC INFORMATION Total 2,220.57 1580 COMMUNITY ARTS 66040 ALLEGRA PRINT & IMAGING DECALS FOR LEADERSHIP AWARD 160.00 66040 RUIZ, ALFONSO NIEVES TROPHIES FOR MERION AND ALLEGRO 400.00 1580 COMMUNITY ARTS Total 560.00 1705 LEGAL ADMINISTRATION 62130 LAW BULLETIN PUBLISHING COMPANY CLASSIFIED ADD FOR LEGAL POSITION 462.50 65010 WEST GROUP PAYMENT CTR ONLINE LEGAL INFORMATION 1,340.87 65095 OFFICE DEPOT OFFICE SUPPLIES 426.97 1705 LEGAL ADMINISTRATION Total 2,230.34 1905 ADM.SERVICES- GENERAL SUPPORT 62615 MESIROW FINANCIAL INSURANCE PREMIUM 132.00 65095 ALLEGRA PRINT & IMAGING BUSINESS CARDS FOR THORPE, MEIMERS, & OLSON 117.00 65095 OFFICE DEPOT OFFICE SUPPLIES 94.58 1905 ADM.SERVICES- GENERAL SUPPORT Total 343.58 1910 FINANCE DIVISION - REVENUE 61060 ADVANCED RESOURCES FEE FOR TEMP WORKER 3/16-3/20 1,107.20 61060 ADVANCED RESOURCES FEE FOR TEMP WORKER 3/23-3/29 1,093.36 62315 NEOPOST LEASE PAYMENT 1,125.00 65095 OFFICE DEPOT OFFICE SUPPLIES 46.26 1910 FINANCE DIVISION - REVENUE Total 3,371.82 1920 FINANCE DIVISION - ACCOUNTING 62185 ACCOUNTEMPS ACCOUNTING SERVICES 2,708.00 62185 ACCOUNTEMPS COLLECTIONS COORD 2,214.00 62280 FEDERAL EXPRESS CORP.SHIPPING 148.55 65095 OFFICE DEPOT OFFICE SUPPLIES-RETURN -41.18 1920 FINANCE DIVISION - ACCOUNTING Total 5,029.37 1925 FINANCE DIVISION - PURCHASING 62185 GOV TEMPS USA, LLC COMPLIANCE OFFICER WEEK ENDING 3/8/15 49.00 65095 OFFICE DEPOT OFFICE SUPPLIES 146.78 1925 FINANCE DIVISION - PURCHASING Total 195.78 1932 INFORMATION TECHNOLOGY DIVI. 62280 FEDERAL EXPRESS CORP.SHIPPING 50.04 64515 GEARY ELECTRIC, INC FIBER NETWORK TESTING 2,280.00 64540 VERIZON WIRELESS COMMUNICATION CHARGES 1,406.01 65095 OFFICE DEPOT OFFICE SUPPLIES-TONER 734.20 65095 OFFICE DEPOT OFFICE SUPPLIES-TONER RETURN -83.15 1932 INFORMATION TECHNOLOGY DIVI. Total 4,387.10 1941 PARKING ENFORCEMENT & TICKETS 62451 DUNAISKY, RACHEL TOW REFUND 120.00 1941 PARKING ENFORCEMENT & TICKETS Total 120.00 2105 PLANNING & ZONING 65095 OFFICE DEPOT OFFICE SUPPLIES 196.22 2105 PLANNING & ZONING Total 196.22 2126 BUILDING INSPECTION SERVICES 62210 ALLEGRA PRINT & IMAGING BUSINESS CARDS 39.00 62210 ALLEGRA PRINT & IMAGING WINDOW ENVELOPES 369.00 62360 INTERNATIONAL CODE COUNCIL, INC.BOOKS 44.00 62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTIONS 100.00 65095 OFFICE DEPOT OFFICE SUPPLIES 204.31 2126 BUILDING INSPECTION SERVICES Total 756.31 159 of 483 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.28.2015 2205 POLICE ADMINISTRATION 52545 JERI LOVE RENEWAL PAYMENT 30.00 62360 AMERICAN JAIL ASSOCIATION MEMBERSHIP 48.00 62360 PUBLIC ENGINES, INC. DBA CRIME REPORTS MEMBERSHIPS 2,299.00 64005 COMED UTILITIES-MARCH 2015 119.67 64015 NICOR UTILITIES 384.38 65125 EVANSTON FUNERAL & CREMATION BODY REMOVAL SERVICE 1,200.00 65125 LAW ENFORCEMENT TARGETS INC.TARGETS 114.66 68205 DITTMAN, DAN COMPENSATION CHECK 1,000.00 2205 POLICE ADMINISTRATION Total 5,195.71 2210 PATROL OPERATIONS 65020 VCG UNIFORM UNIFORMS 5,724.69 65020 KIESLER POLICE SUPPLY, INC.UNIFORMS 2,293.46 2210 PATROL OPERATIONS Total 8,018.15 2215 CRIMINAL INVESTIGATION 65095 SOLNTSEV, STEFAN REIMBURSEMENT-FORCED ENTRY 323.04 65125 JP MORGAN CHASE BANK, N.A.SUBPOENA PROCESSING 17.88 2215 CRIMINAL INVESTIGATION Total 340.92 2240 POLICE RECORDS 65095 B&H PHOTO VIDEO SCANNERS 1,709.98 65095 OFFICE DEPOT OFFICE SUPPLIES-MATRIX BOARD/CORD 52.01 65095 OFFICE DEPOT OFFICE SUPPLIES-STAMP/FINGER GRIP 51.15 65095 OFFICE DEPOT OFFICE SUPPLIES-STAPLER 3.61 65095 OFFICE DEPOT OFFICE SUPPLIES-STORAGE/PENS 121.85 2240 POLICE RECORDS Total 1,938.60 2250 SERVICE DESK 62425 COLLEY ELEVATOR CO.ELEVATOR INSPECTION SERVICES 181.00 65040 SUPERIOR INDUSTRIAL SUPPLY TRASH LINERS 21.90 2250 SERVICE DESK Total 202.90 2251 311 CENTER 64505 VERIZON WIRELESS COMMUNICATION CHARGES 38.01 2251 311 CENTER Total 38.01 2260 OFFICE OF ADMINISTRATION 62295 NORTH EAST MULTI-REGIONAL TRAINING INC TRAINING 350.00 62295 NORTHWEST POLICE ACADEMY TRAINING 125.00 62295 NORTHWESTERN UNIVERSITY POLICE DEPT.TRAINING 875.00 62295 HEDMAN, ERIC EPD HONOR GUARD TRAINING 1,025.00 65015 O'HERRON CO., INC., RAY AMMUNITION 9,240.00 2260 OFFICE OF ADMINISTRATION Total 11,615.00 2265 NEIGHBORHOOD ENFORCEMENT TEAM 64510 CDS OFFICE TECHNOLOGIES PANASONIC TOUCHPAD 3,308.40 2265 NEIGHBORHOOD ENFORCEMENT TEAM Total 3,308.40 2280 ANIMAL CONTROL 62225 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICES-APRIL 2015 52.76 64015 NICOR UTILITIES 789.36 65085 ALARM DETECTION SYSTEMS, INC.ALARM SYSTEM MANAGEMENT 166.87 65125 PETSMART KITTY LITTER 109.08 2280 ANIMAL CONTROL Total 1,118.07 2285 PROBLEM SOLVING TEAM 65020 CHIEF SUPPLY CORPORATION SUPPLIES 65.88 2285 PROBLEM SOLVING TEAM Total 65.88 2305 FIRE MGT & SUPPORT 62509 KC FITNESS SERVICE EQUIPMENT REPAIR 652.16 64015 NICOR UTILITIES 2,047.79 64540 VERIZON WIRELESS COMMUNICATION CHARGES 152.04 65020 TODAY'S UNIFORMS INC.UNIFORMS 921.23 65050 HASTINGS AIR-ENERGY CONTROL EXHAUST REPAIR 1,064.90 65125 MOTOROLA SOLUTIONS, INC.REPAIR PARTS 59.80 2305 FIRE MGT & SUPPORT Total 4,897.92 2310 FIRE PREVENTION 62245 PROMOS 911, INC.EDUCATION MATERIAL 283.46 2310 FIRE PREVENTION Total 283.46 2315 FIRE SUPPRESSION 53675 ANDRES MEDICAL BILLING AMBULANCE CHARGES - FEBRUARY 2015 4,912.80 62295 COLLEGE OF DUPAGE OFFICER TRAINING 502.50 62295 ILLINOIS FIRE CHIEFS ASSOCIATION OFFICER TRAINING 1,725.00 62295 MABAS DIVISION III 80 MEMBERS TRAINING 3,150.00 62295 NORTH SHORE TOWING TRAINING PROPS 552.50 260 of 483 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.28.2015 62295 THOMAS J. JANETSKE REIMBURSEMENT-EMT-E LICENSE RENEWAL 21.75 62295 NORTHEASTERN ILLINOIS PUBLIC SAFETY FIREFIGHTER TRAINING 2,900.00 62295 ROBERT BYRNE REIMBURSEMENT-EMT-P LICENSE RENEWAL 41.75 62295 ANDREW L JAKUS REIMBURSEMENT- IFSI CONFERENCE 640.00 62509 KC FITNESS SERVICE PREVENTIVE MAINTENANCE 794.90 65015 PRAXAIR DISTIBUTION INC MEDICAL OXYGEN 418.59 65075 PHYSIO-CONTROL, INC.EMS SUPPLIES 452.40 65085 AIR ONE EQUIPMENT SMALL TOOLS 564.50 65085 RUSSO POWER EQUIPMENT REPAIR PARTS 42.50 2315 FIRE SUPPRESSION Total 16,719.19 2435 FOOD AND ENVIRONMENTAL HEALTH 62345 COOK COUNTY RECORDER OF DEEDS RECORDINGS 120.00 62469 UNITED SERVICES BY PERMACO, INC.BOARD UP 255.00 2435 FOOD AND ENVIRONMENTAL HEALTH Total 375.00 2440 VITAL RECORDS 62490 IL DEPT OF PUBLIC HEALTH DEATH CERTIFICATES 1,100.00 65095 MSF GRAPHICS, INC.BIRTH CERTIFICATES 84.50 2440 VITAL RECORDS Total 1,184.50 2605 DIRECTOR OF PUBLIC WORKS 62210 OFFICE DEPOT OFFICE SUPPLIES 30.95 64540 VERIZON WIRELESS COMMUNICATION CHARGES 38.01 65095 OFFICE DEPOT OFFICE SUPPLIES 139.41 2605 DIRECTOR OF PUBLIC WORKS Total 208.37 2610 MUNICIPAL SERVICE CENTER 62225 MIDWEST TIME RECORDER TIME CLOCK MAINTENANCE 84.00 62225 SMITHEREEN PEST MANAGEMENT SERVICES RODENT CONTROL 93.00 62440 RAYNOR DOOR COMPANY OVERHEAD DOOR MAINTENANCE 2,373.43 64015 NICOR UTILITIES 1,607.41 65040 WAREHOUSE DIRECT INC JANITORIAL SUPPLIES-SERVICE CENTER 399.00 65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 89.65 2610 MUNICIPAL SERVICE CENTER Total 4,646.49 2625 ENGINEERING 62210 FEDEX KINKO'S - CAS SHIPPING 21.47 65095 OFFICE DEPOT OFFICE SUPPLIES 38.61 2625 ENGINEERING Total 60.08 2630 TRAFFIC ENGINEERING 65085 ARTS & LETTERS LTD.TEMP. MO PARKING MOVING SIGNS 620.00 2630 TRAFFIC ENGINEERING Total 620.00 2640 TRAF. SIG. & ST. LIGHT. MAINT 64006 COMED UTILITIES 216.99 65070 NORTH SHORE ELECTRICAL SUPPLY ASCO REMOTE CONTROL SWITCHES - 6 SWITCHES 5,000.00 2640 TRAF. SIG. & ST. LIGHT. MAINT Total 5,216.99 2650 PARKS & FORESTRY ADMIN 62295 ILLINOIS ARBORIST ASSOC TREE RISK ASSESSMENT 625.00 2650 PARKS & FORESTRY ADMIN Total 625.00 2655 PARKS & FORESTRY MAINT. & OPER. 62199 KOMPAN, INC.PLASTIC SLIDE 1,044.35 62199 KOMPAN, INC.PLAY SHELL YELLOW 457.92 65005 LURVEY LANDSCAPE SUPPLY PLANTS 363.00 2655 PARKS & FORESTRY MAINT. & OPER. Total 1,865.27 2665 STREETS AND SANITATION ADMINIS 64540 VERIZON WIRELESS COMMUNICATION CHARGES 380.10 2665 STREETS AND SANITATION ADMINIS Total 380.10 2670 STREET AND ALLEY MAINTENANCE 65055 PETER BAKER & SON CO.ASPHALT-UPM 4,968.75 65085 GROVER WELDING COMPANY BENCH WELDING 75.00 65115 VULCAN INC.SIGN POSTS 4,547.75 2670 STREET AND ALLEY MAINTENANCE Total 9,591.50 2677 FACILITIES 62225 ANDERSON PEST CONTROL PEST CONTROL 464.20 62225 COMCAST CABLE COMMUNICATION 53.80 64005 COMED UTILITIES 5,567.41 65040 WAREHOUSE DIRECT INC JANITORIAL SUPPLIES-CIVIC CENTER 2,114.57 2677 FACILITIES Total 8,199.98 3015 COMM & MARKETING SERV 62205 QUARTET COPIES LEVY CENTER WELCOME PACKETS 237.15 3015 COMM & MARKETING SERV Total 237.15 361 of 483 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.28.2015 3020 REC GENERAL SUPPORT 62490 EVANSTON SIGNS GRAPHICS, INC.PROFESSIONAL SERVICES 1,220.00 65125 VERIZON WIRELESS COMMUNICATION CHARGES 418.11 3020 REC GENERAL SUPPORT Total 1,638.11 3025 PARK UTILITIES 64005 COMED UTILITIES 2,105.50 64015 NICOR UTILITIES 68.13 3025 PARK UTILITIES Total 2,173.63 3030 CROWN COMMUNITY CENTER 62505 GARY KANTOR MAGIC CLASS INSTRUCTOR 70.00 62507 ALLTOWN BUS SERVICE INC.1 BUS SPRING BREAK CAMP 225.00 62507 ALLTOWN BUS SERVICE INC.1 BUS SPRING BREAK CAMP: TRIP TO MUSEUM 285.00 64015 NICOR UTILITIES 131.38 3030 CROWN COMMUNITY CENTER Total 711.38 3035 CHANDLER COMMUNITY CENTER 62505 DIANA UNGER YOUTH FENCING PROGRAM INSTRUCTION 4,217.38 62505 CHESS WIZARDS, INC.2015 YOUTH CHESS PROGRAM INSTRUCTION 1,183.00 62505 3 POINT ATHLETICS SPRING BREAK BASKETBALL CAMP 585.00 62507 CLASSIC BOWL FIELD TRIP 60.00 64015 NICOR UTILITIES 281.55 3035 CHANDLER COMMUNITY CENTER Total 6,326.93 3040 FLEETWOOD JOURDAIN COM CT 62245 KC FITNESS SERVICE MAINTENANCE OF EQUIPMENT IN FITNESS CENTER 300.00 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL-FLEETWOOD & MASON PARK 82.00 62505 ROBINSON, JANAE READING ,ARTS, CRAFT ACTIVITIES INSTRUCTOR 150.00 64015 NICOR UTILITIES 406.92 65025 CATHOLIC CHARITIES OF CHICAGO SENIOR LUNCH PROGRAM AT FLEETWOOD-JOURDAIN 623.00 3040 FLEETWOOD JOURDAIN COM CT Total 1,561.92 3045 FLEETWOOD/JOURDAIN THEATR 62375 SOUND PRODUCTION & LIGHTING, LLC SOUND SYSTEM & SERVICES FOR THEATRE PRODUCTION 1,300.00 62375 SOUND PRODUCTION & LIGHTING, LLC SYSTEM SET UP COST FOR THEATRE PRODUCTION 250.00 62490 EVANSTON PHOTOGRAPHIC STUDIOS VIDEO TAPING & PICTURES -TATER TOT THEATRE PRODUCTION 75.00 62505 MCDUNN, JAMES MUSICAL DIRECTION & ACCOMPANIMENT - ANNIE 300.00 3045 FLEETWOOD/JOURDAIN THEATR Total 1,925.00 3050 RECREATION OUTREACH PROGRAM 62482 LOWE'S HOME IMPROVEMENT MASON PARK FIELDHOUSE RENOVATIONS 6,824.43 62490 ANDERSON PEST CONTROL MONTHLY PEST CONTROL-LOVELACE 43.00 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL-FLEETWOOD & MASON PARK 33.33 62505 LARKIN, ANDREW WOODSHOP INSTRUCTOR FOR AFTERSCHOOL PROGRAM AT FJCC 300.00 65040 LAPORT INC JANITORIAL SUPPLIES 400.62 3050 RECREATION OUTREACH PROGRAM Total 7,601.38 3055 LEVY CENTER SENIOR SERVICES 56045 ILLINOIS DEPT OF REVENUE *SALES TAX MARCH 54.00 61062 KEVIN SPARKMON SECURITY FOR PRIVATE RENTAL 240.00 62210 QUARTET COPIES LEVY CENTER WELCOME PACKETS 237.15 62295 CITY OF EVANSTON - PETTY CASH PETTY CASH 119.00 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL-LEVY CENTER 44.94 62505 COMPUTER TRAINING & SUPPORT SERVICES ONE ON ONE COMPUTER TRAINING INSTRUCTION 50.00 62505 ARLENE M KASPIK SENIOR SQUARE DANCE CLASS 588.00 62507 CITY OF EVANSTON - PETTY CASH PETTY CASH 25.00 62511 COMCAST CABLE COMMUNICATION 139.11 62511 CALHOUN, ANDREW ENTERTAINER FOR CLOSING AGING WELL CONFERENCE 200.00 62511 PERCOLATOR FILMS NFP FILM RENTAL FOR AGING WELL FILM FESTIVAL 150.00 64015 NICOR UTILITIES 377.71 65025 CITY OF EVANSTON - PETTY CASH PETTY CASH 42.38 65025 CATHOLIC CHARITIES OF CHICAGO MARCH LUNCH ORDERS FOR CONGREGATE MEAL PROGRAM-LEVY 2,870.25 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES-LEVY 32.56 65050 CHEMCRAFT INDUSTRIES, INC.KAIVAC SUPPLIES-LEVY 29.94 65070 WILLIAM SCHWARTZ PIANO SERVICE PIANO TUNING TWO PIANOS 275.00 65110 MOBILE MINI, INC.MONTHLY STORAGE POD RENTAL 111.58 65110 MOBILE MINI, INC.MONTHLY STORAGE POD RENTAL 111.58 65110 CITY OF EVANSTON - PETTY CASH PETTY CASH 200.86 65110 CINTAS CORPORATION #769 MONTHLY MAT SERVICE-LEVY 194.85 3055 LEVY CENTER SENIOR SERVICES Total 6,093.91 3080 BEACHES 65045 ANDERSON PEST CONTROL MONTHLY PEST CONTROL-BEACH OFFICE 43.00 65045 BORDEN DECAL CO.BEACH TOKEN 3,950.00 3080 BEACHES Total 3,993.00 3095 CROWN ICE RINK 62245 MCCAULEY MECHANICAL SERVICE #1 COMPRESSOR: OIL LEAK 772.80 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL SERVICES 79.00 62508 SHAWN PFEIFFER REFEREE FOR ADULT BROOMBALL 175.00 462 of 483 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.28.2015 62508 MATTHEW LEVI REFEREE FOR ADULT BROOMBALL 140.00 62508 KRISTOFER KNUTSON REFEREE FOR ADULT BROOMBALL 175.00 62508 KRISTOFER KNUTSON REFEREE FOR ADULT BROOMBALL 140.00 62508 LAPPING, RENEE SCORE KEEPER FOR ADULT BROOMBALL 75.00 62508 LAPPING, RENEE SCORE KEEPER FOR ADULT BROOMBALL 60.00 64015 NICOR UTILITIES 394.12 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 558.62 65050 MCCAULEY MECHANICAL SERVICE #1 COMPRESSOR: OIL LEAK 99.36 65070 M.C. GLASS & MIRROR LLC INSTALL OF WIRE MISCO GLASS IN ALUMINUM FRAME 201.48 65095 ILLINOIS PAPER COMPANY OFFICE PAPER FOR XEROXING 225.60 65110 BECKER ARENA PRODUCTS HOCKEY GOALS & NETS 1,586.00 3095 CROWN ICE RINK Total 4,681.98 3100 SPORTS LEAGUES 65110 ANDERSON PEST CONTROL MONTHLY PEST CONTROL JAMES PARK FIELDHOUSE 45.00 65110 ANDERSON PEST CONTROL MONTHLY PEST CONTROL-JAMES PARK FIELDHOUSE 50.00 3100 SPORTS LEAGUES Total 95.00 3605 ECOLOGY CENTER 56045 ILLINOIS DEPT OF REVENUE *SALES TAX MARCH 19.00 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL-ECOLOGY CENTER 64.97 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL-FOG HOUSES 44.00 64015 NICOR UTILITIES 225.69 3605 ECOLOGY CENTER Total 353.66 3710 NOYES CULTURAL ARTS CENTER 64015 NICOR UTILITIES 505.79 3710 NOYES CULTURAL ARTS CENTER Total 505.79 3720 CULTURAL ARTS PROGRAMS 62205 CHICAGO'S NORTH SHORE CONVENTION ETHIC AND LAKESHORE ARTS FESTIVAL NEWSLETTER 400.00 65095 OFFICE DEPOT OFFICE SUPPLIES 247.18 3720 CULTURAL ARTS PROGRAMS Total 647.18 3806 CIVIC CENTER SERVICES 64005 COMED UTILITIES 138.07 64015 NICOR UTILITIES 889.54 3806 CIVIC CENTER SERVICES Total 1,027.61 100 GENERAL FUND Total 161,450.11 175 GENERAL ASSISTANCE FUND 4605 GENERAL ASSISTANCE ADMIN 62315 PITNEY BOWES LEASE PAYMENT-MARCH 213.00 62490 OAKTON COMMUNITY COLLEGE GENERAL ASST.-GED CLASSES 80.00 4605 GENERAL ASSISTANCE ADMIN Total 293.00 175 GENERAL ASSISTANCE FUND Total 293.00 176 HEALTH AND HUMAN SERVICES 4651 HEALTH & HUMAN SERVICES 62491 PRESENCE BEHAVIORAL HEALTH MENTAL HEALTH CRISIS SERVICE 25,777.76 62890 INFANT WELFARE SOCIETY FY15 COMMUNITY PURCHASE SERVICES 18,625.00 62940 LEGAL ASSISTANCE FOUNDATION FY15 COMMUNITY PURCHASE SERVICES 3,725.00 62970 CONNECTIONS FOR THE HOMELESS FY15 COMMUNITY PURCHASE SERVICES 7,425.00 62970 FAMILY FOCUS FY15 COMMUNITY PURCHASE SERVICES 9,025.00 62970 HOUSING OPTIONS FOR THE MENTALLY ILL FY15 COMMUNITY PURCHASE SERVICES 14,725.00 62980 NORTH SHORE SENIOR CENTER FY15 COMMUNITY PURCHASE SERVICES 10,000.00 62990 METROPOLITAN FAMILY SERVICES FY15 COMMUNITY PURCHASE SERVICES 15,825.00 63067 CHILDCARE NETWORK OF EVANSTON FY15 COMMUNITY PURCHASE SERVICES 33,437.50 63068 PEER SERVICES, INC.FY15 COMMUNITY PURCHASE SERVICES 24,975.00 63069 JAMES B. MORAN CENTER FOR YOUTH ADVOCACY FY15 COMMUNITY PURCHASE SERVICES 10,375.00 63071 SHORE COMMUNITY SERVICES FY15 COMMUNITY PURCHASE SERVICES 9,212.50 63120 MEALS AT HOME FY15 COMMUNITY PURCHASE SERVICES 2,000.00 67045 Y.O.U.FY15 COMMUNITY PURCHASE SERVICES 23,163.75 67090 CHILD CARE CENTER OF EVANSTON FY15 COMMUNITY PURCHASE SERVICES 5,500.00 67146 NORTHWEST CENTER AGAINST SEXUAL ASSAULT FY15 COMMUNITY PURCHASE SERVICES 3,750.00 4651 HEALTH & HUMAN SERVICES Total 217,541.51 176 HEALTH AND HUMAN SERVICES Total 217,541.51 205 EMERGENCY TELEPHONE (E911) FUND 5150 EMERGENCY TELEPHONE SYSTM 62509 SUNGARD PUBLIC SECTOR, INC.DIGITAL MAPPING SOFTWARE MAINTENANCE ANNUAL RENEWAL 6,015.05 62509 IRON MOUNTAIN OSDP OFF-SITE DATA PROTECTION MONTHLY EXPENSES 340.67 64505 AT & T UTILITIES-MARCH 2015 477.57 64540 VERIZON WIRELESS UTILITIES-MARCH 2015 3,130.43 563 of 483 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.28.2015 65085 COMMUNICATIONS DIRECT MOBILE RADIOS 1,437.00 65095 MOTOROLA SOLUTIONS, INC.RADIO PARTS 565.44 65095 HENRY SCHEIN / EASY DENTAL SANITATION WIPES 94.20 5150 EMERGENCY TELEPHONE SYSTM Total 12,060.36 205 EMERGENCY TELEPHONE (E911) FUND Total 12,060.36 220 CDBG LOAN FUND 5280 CD LOAN 65535 TERRY GARRITY PLUMBING PLUMBING WORK 1,438.00 5280 CD LOAN Total 1,438.00 220 CDBG LOAN FUND Total 1,438.00 225 ECONOMIC DEVELOPMENT FUND 5300 ECON. DEVELOPMENT FUND 62295 MEAGAN M. JONES REIMBURSEMENT- NMSC CONFERENCE 815.74 62659 NOW WE'RE COOKIN'*GRANT AGREEMENT 9,600.00 62662 WILD CROW COMMUNICATION, INC EVANSTON EDGE BUSINESS ARTICLE 120.00 65522 CENTRAL STREET BUSINESS ASSOCIATION GREAT MERCHANTS GRANT DISTRIBUTION 9,000.00 65522 CHICAGO-DEMPSTER MERCHANTS ASSOCIATION GREAT MERCHANTS GRANT DISTRIBUTION 9,000.00 65522 WEST END BUSINESS ASSOCIATION *GREAT MERCHANT GRANT FUNDING 9,000.00 65522 WEST VILLAGE BUSINESS ASSOCIATION *GREAT MERCHANT GRANT FUNDING 9,000.00 5300 ECON. DEVELOPMENT FUND Total 46,535.74 225 ECONOMIC DEVELOPMENT FUND Total 46,535.74 240 HOME FUND 5430 HOME FUND 65535 CONNECTIONS FOR THE HOMELESS 2015 TBRA PROGRAM MAR 21,556.42 5430 HOME FUND Total 21,556.42 240 HOME FUND Total 21,556.42 330 HOWARD-RIDGE TIF FUND 5860 HOWARD RIDGE TIF 62706 SKYLINE AT EVANSTON, LLC 501 HOWARD STREET 299,247.53 64015 NICOR UTILITIES 409.23 5860 HOWARD RIDGE TIF Total 299,656.76 330 HOWARD-RIDGE TIF FUND Total 299,656.76 415 CAPITAL IMPROVEMENTS FUND 4150 CAPITAL PROJECTS 21120 ALFRED BENESCH & COMPANY PHASE I ENGINEERING 1,017.68 416127 62145 SMITHGROUPJJR, INC.RFP 14-37 ADDN. SERVICE #1 2,550.00 416127 62145 SMITHGROUPJJR, INC.RFP 14-37, CHURCH STREET BOAT RAMP 14,001.40 415959 62145 CHRISTOPHER B. BURKE ENGINEERING, LTD.SHERIDAN RD/CHICAGO AVE PHASE I & II ENGINEERING SERVICES 39,568.17 415924 62145 INFRASTRUCTURE ENGINEERING, INC ENGINEERING SERVICES-CENTRAL ST PROJECT 65,141.77 415941 65515 HAMPTON, LENZINI AND RENWICK, INC.DEMPSTER ST MODERNIZATION 13,066.40 415175 65625 FORWARD SPACE LLC D/B/A OFFICE OFFICE FURNITURE FOR HEALTH INSPECTOR 3,742.43 4150 CAPITAL PROJECTS Total 139,087.85 415 CAPITAL IMPROVEMENTS FUND Total 139,087.85 505 PARKING SYSTEM FUND 7005 PARKING SYSTEM MGT 53510 COOK COUNTY COLLECTOR *PARKING TAXES 104.04 61060 ADVANCED RESOURCES FEE FOR TEMP WORKER 3/10-3/15 858.08 65515 NEW WORLD SYSTEMS *FINANCIAL SYSTEM IMPLEMENTATION 81,540.00 68205 VERIZON WIRELESS COMMUNICATION CHARGES 76.12 7005 PARKING SYSTEM MGT Total 82,578.24 7015 PARKING LOTS & METERS 62375 UNION PACIFIC RAILROAD COMPANY RENTAL OF PARKING LOT 54 11,458.50 7015 PARKING LOTS & METERS Total 11,458.50 7025 CHURCH STREET GARAGE 53500 COOK COUNTY COLLECTOR *PARKING TAXES 1,293.02 62509 REVCON TECHNOLOGIES, INC.OPERATING COSTS - GARAGE MONITORING SYSTEM 3,180.00 7025 CHURCH STREET GARAGE Total 4,473.02 664 of 483 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.28.2015 7036 SHERMAN GARAGE 53500 COOK COUNTY COLLECTOR *PARKING TAXES 2,092.01 62425 THYSSENKRUPP ELEVATOR SERVICE CONTRACT SHERMAN PLAZA 17,497.86 62509 REVCON TECHNOLOGIES, INC.OPERATING COSTS - GARAGE MONITORING SYSTEM 9,012.00 65515 CD LLC DBA CARBON DAY *ELECTRIC VEHICLE CHARGING STATIONS 18,348.00 65515 GREEN WHEELS LTD *INSTALLATION OF ELECTRIC VEHICLE CHARGING STATIONS 5,095.00 7036 SHERMAN GARAGE Total 52,044.87 7037 MAPLE GARAGE 53500 COOK COUNTY COLLECTOR *PARKING TAXES 1,478.41 53510 COOK COUNTY COLLECTOR *PARKING TAXES 459.00 62509 REVCON TECHNOLOGIES, INC.OPERATING COSTS - GARAGE MONITORING SYSTEM 3,021.60 64505 REVCON TECHNOLOGIES, INC.OPERATING COSTS - GARAGE MONITORING SYSTEM 3,021.60 7037 MAPLE GARAGE Total 7,980.61 505 PARKING SYSTEM FUND Total 158,535.24 510 WATER FUND 7100 WATER GENERAL SUPPORT 56140 ILLINOIS DEPT OF REVENUE *SALES TAX MARCH 1,214.00 62295 MEADE, ELEANORE REIMBURSEMENT-ISAWWA WATERCON 235.75 62315 FEDERAL EXPRESS CORP.OVERNIGHT SHIPPING 81.96 64505 BYTRONICS, INC., BASIN TECH CENTRE DIGTRACK TICKETS MONTHLY SUPPORT 100.00 65010 SPECIALTY PREMIUM GROUP IMPRINTED SPORT BOTTLES #CCB21 1,679.66 65095 OFFICE DEPOT FY 2015 OFFICE SUPPLIES 140.99 7100 WATER GENERAL SUPPORT Total 3,452.36 7105 PUMPING 64015 NICOR UTILITIES 1,301.10 64540 VERIZON WIRELESS COMMUNICATION CHARGES 76.02 65070 GIRARD CHEMICAL CO.BOILER WATER TREATMENT FOR 2014-15 HEATING SEASON 1,450.00 7105 PUMPING Total 2,827.12 7110 FILTRATION 64540 VERIZON WIRELESS COMMUNICATION CHARGES 76.02 65015 KEY CHEMICAL, INC.HYDROFLUOROSILICIC ACID (BID 14-62)10,290.62 7110 FILTRATION Total 10,366.64 7115 DISTRIBUTION 62210 ON TRACK FULFILLMENT INC.RPZ POSTCARD PRINTING 341.00 64540 VERIZON WIRELESS COMMUNICATION CHARGES 76.02 65055 MID AMERICAN WATER OF WAUCONDA INC.24" TRANSITION SLEEVES & GLANDS 2,888.50 7115 DISTRIBUTION Total 3,305.52 7125 OTHER OPERATIONS 62315 INFOSEND, INC.ANNUAL COST OF WATER BILLING (2ND YR OF CONTRACT)4,451.89 62455 INFOSEND, INC.UTILITY BILL PRINTING & MAIL SVS (2ND YR OF CONTRACT)4,167.02 7125 OTHER OPERATIONS Total 8,618.91 7131 CAPITAL IMPROVEMENTS 415185 65515 CHRISTOPHER B. BURKE ENGINEERING, LTD.SHERIDAN RD/CHICAGO AVE PHASE I & II ENGINEERING SERVICES 79,982.23 7131 CAPITAL IMPROVEMENTS Total 79,982.23 510 WATER FUND Total 108,552.78 515 SEWER FUND 7400 SEWER MAINTENANCE 64540 VERIZON WIRELESS COMMUNICATION CHARGES 38.01 7400 SEWER MAINTENANCE Total 38.01 515 SEWER FUND Total 38.01 520 SOLID WASTE FUND 7685 REFUSE COLLECT & DISPOSAL 56155 ILLINOIS DEPT OF REVENUE *SALES TAX MARCH 160.00 7685 REFUSE COLLECT & DISPOSAL Total 160.00 7690 RESIDENTIAL RECYCLING COL 62415 SOLID WASTE AGENCY NORTHERN COOK COUNTY RECYCLING TRANSFER FEE 1,014.55 64015 NICOR UTILITIES 293.54 7690 RESIDENTIAL RECYCLING COL Total 1,308.09 7695 YARD WASTE COLLECTION 62415 GROOT RECYCLING & WASTE SERVICES FY2015 RESIDENTIAL REFUSE COLLECTION 151,781.00 7695 YARD WASTE COLLECTION Total 151,781.00 520 SOLID WASTE FUND Total 153,249.09 765 of 483 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.28.2015 600 FLEET SERVICES FUND 7705 GENERAL SUPPORT 64540 VERIZON WIRELESS COMMUNICATION CHARGES 38.01 7705 GENERAL SUPPORT Total 38.01 7710 MAJOR MAINTENANCE 62275 UNITED PARCEL SERVICE POSTAGE 7.10 62355 CINTAS #22 WEEKLY UNIFORM SERVICE 445.34 62355 CINTAS CORPORATION #769 WEEKLY MAT SERVICE 387.10 65035 CITY WELDING SALES & SERVICE INC.WELDING GAS 239.69 65035 PALATINE OIL COMPANY, INC 524 GALLONS HYDRAULIC OIL 5,292.40 65035 PALATINE OIL COMPANY, INC 6997 GAL B20 DIESEL FUEL 14,711.35 65035 PALATINE OIL COMPANY, INC 7000 GALLONS #2 DIESEL 14,167.30 65060 1ST AYD CORPORATION ALL PURPOSE OIL & WATER 675.50 65060 ALLTECH AUTO INC.#48 REPAIRS FROM ACCIDENT 1,304.80 65060 ALLTECH AUTO INC.#60 BODY REPAIRS 585.99 65060 ALLTECH AUTO INC.BODY REPAIRS ON EFD#342 2,450.77 65060 ALLTECH AUTO INC.REPAIRS TO EPD#58 18,281.50 65060 ATLAS BOBCAT, INC.ROTARY BROOM 606.90 65060 BUCK BROTHERS, INC.WIRING HARNESS #435 289.93 65060 CUMBERLAND SERVICENTER #721 EGR VALVE 557.20 65060 CUMBERLAND SERVICENTER 4 SEALING WASHER 39.06 65060 CUMBERLAND SERVICENTER ENGINE REPAIRS TO REFUSE TRUCK 718 1,720.20 65060 CUMBERLAND SERVICENTER MOTOR WIPER 303.35 65060 CUMBERLAND SERVICENTER RETURNED PARTS-MULTI -343.14 65060 CUMBERLAND SERVICENTER TORQUE ROD 180.97 65060 DOUGLAS TRUCK PARTS PRICE CORRECTION -105.17 65060 DOUGLAS TRUCK PARTS TRIANGLE-REFLECTOR KIT 115.50 65060 DOUGLAS TRUCK PARTS TRUCK LIGHT 42.24 65060 DUECO, INC.BOOM COVER 141.00 65060 DUECO, INC.COVER BOOM TIP HOSE 813.36 65060 DUXLER TIRE & CAR CENTER FRONT END ALIGNMENT 109.00 65060 FREEWAY FORD TRUCK SALES #583 TORQUE ARM 110.55 65060 GROVER WELDING COMPANY PLOW #627 412.59 65060 HAVEY COMMUNICATIONS INC.#48 PRO GARD PUSH BUMPER 338.80 65060 HAVEY COMMUNICATIONS INC.COMPUTER MOUNT PARTS 768.00 65060 LAKE/COOK C.V. JOINTS INC #721 PTO SHAFT 125.00 65060 LEACH ENTERPRISES, INC.BRAKE PARTS 625.56 65060 LEACH ENTERPRISES, INC.BREAKAWAY SWITCH 54.49 65060 LEACH ENTERPRISES, INC.DESICCANT CARTRIDGE 254.60 65060 LEACH ENTERPRISES, INC.FRONT PADS 90.79 65060 LEACH ENTERPRISES, INC.GASKET 9.66 65060 LEACH ENTERPRISES, INC.TOOL TO INSTALL SEAL 34.99 65060 MIDAS AUTO SERVICE EXPERTS #137 NEW MUFFLER 130.00 65060 NORTH SHORE TOWING #314 TOW TO INTERNATIONAL 175.00 65060 PATTEN INDUSTRIES LATCH ASSEMBLY & HARDWARE 329.08 65060 REGIONAL TRUCK EQUIPMENT COMPANY, INC.#571 TRUCK TOOL-BOX BRACKETS 92.34 65060 RUNNION EQUIPMENT CO.#583 SEAT FOR GRAPPLE 737.83 65060 STANDARD EQUIPMENT COMPANY 4 O-RING SEALS 34.85 65060 STANDARD EQUIPMENT COMPANY FILL HOSE SWEEPERS 654.06 65060 STANDARD EQUIPMENT COMPANY O-RING SEAL-WATER FI 29.70 65060 STANDARD EQUIPMENT COMPANY SWEEPER PARTS 46.02 65060 VERMEER MIDWEST #564 AIR CLEANER BOWL 38.11 65060 SKF LUBRICATION SYSTEMS USA AUTO LUBE CONTROLLER 420.74 65060 WHOLESALE DIRECT INC TUBE STROBE 53.34 65060 WIRFS INDUSTRIES INC.328 R PUMP REPAIR 739.55 65060 ZARNOTH BRUSH WORKS, INC.SWEEPER BROOMS 2,434.00 65060 WEST SIDE EXCHANGE #550 LOADER REPAIRS 2,248.66 65060 WEST SIDE EXCHANGE 2 PIN FASTENER 212.55 65060 WEST SIDE EXCHANGE 4 WASHERS 23.30 65060 WEST SIDE EXCHANGE 5 BUSHINGS 256.43 65060 WEST SIDE EXCHANGE LUG NUT #550 14.97 65060 WEST SIDE EXCHANGE SLEEVE 23.40 65060 WEST SIDE EXCHANGE WINDOW SEAL 550 65.21 65060 P & G KEENE ELECTRICAL 2 NEW STARTERS 619.37 65060 P & G KEENE ELECTRICAL REBUILT STARTER 673.00 65060 FOSTER COACH SALES, INC.#314 BYPASS VALVE 199.99 65060 CINTAS CORPORATION #769 WEEKLY MAT SERVICE 193.55 65060 SPEX HAND WASH 14 CAR WASHES 136.00 65060 SPEX HAND WASH 15 CAR WASHES 1,683.00 65060 A & A TRANSMISSION CORP.#2011 BRAKE REPAIRS 629.00 65060 CARQUEST EVANSTON #45 RADIATOR 364.35 65060 CARQUEST EVANSTON 10 HYD FITTINGS 56.60 65060 CARQUEST EVANSTON 18 AIR FILTERS 465.45 65060 CARQUEST EVANSTON 4 AIR FILTERS 167.04 65060 CARQUEST EVANSTON 5W-30 SYNTHETIC OIL 55GAL 855.59 65060 CARQUEST EVANSTON 5W-30 SYNTHETIC OIL QT 62.76 65060 CARQUEST EVANSTON FOG BULB 39.84 65060 CARQUEST EVANSTON FUEL HOSE 153.00 65060 CARQUEST EVANSTON LEFT SIDE LENS/R 7.90 866 of 483 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.28.2015 65060 CARQUEST EVANSTON OIL FILTER 51.13 65060 CARQUEST EVANSTON PIGTAIL & SOCKET 8.78 65060 CARQUEST EVANSTON PRICE CORRECTION -3.59 65060 CARQUEST EVANSTON RED RTV SILICONE 29.42 65060 CARQUEST EVANSTON RETURNED PARTS- BULB SOCKET -27.48 65060 CARQUEST EVANSTON RETURNED PARTS-INTERIOR HEATER -35.28 65060 CARQUEST EVANSTON TIRE PLUG ADAPTER 51.00 65060 CARQUEST EVANSTON TRAILER LIGHTS 39.72 65060 CARQUEST EVANSTON VALVE CAP HEX TOP 36.90 65060 GOLF MILL FORD # 166 LICENSE PLATE BRACKET 16.60 65060 GOLF MILL FORD # 59 EGR VALVE 183.11 65060 GOLF MILL FORD #166 RUNNERS 275.00 65060 GOLF MILL FORD #342 WINDOW TRIM 156.99 65060 GOLF MILL FORD #40 SEAT TRACK 1,200.10 65060 GOLF MILL FORD #551 TRANS REPAIRS 263.26 65060 GOLF MILL FORD #58 BRAKE ROTORS 167.89 65060 GOLF MILL FORD #58 SHIFT LOCK SOLENOID 104.74 65060 GOLF MILL FORD #914 SWAYBAR LINKS 243.12 65060 GOLF MILL FORD #99 FUEL INJECTOR 61.89 65060 GOLF MILL FORD BRAKE PADS/ROTORS 610.20 65060 GOLF MILL FORD INTERNAL TRANS PLUG 3.36 65060 GOLF MILL FORD LIGHTING MODULE 348.52 65060 GOLF MILL FORD RUNNING BOARD KIT 342.85 65060 GOLF MILL FORD TUBE ASY 18.34 65060 LINDCO EQUIPMENT SALES, INC.SNOW WHEEL CRANK HANDLE 35.50 65060 SIGLER'S AUTOMOTIVE & BODY SHOP, INC.#802 BUMPER REPAIRS 499.30 65060 CHICAGO PARTS & SOUND, LLC 27 ELEMENTS/FILTERS 448.03 65060 CHICAGO PARTS & SOUND, LLC ALTERNATOR 431.73 65060 CHICAGO PARTS & SOUND, LLC BRAKE PARTS 307.88 65060 CHICAGO PARTS & SOUND, LLC FILTER ASY 214.80 65060 CHICAGO PARTS & SOUND, LLC RETURNED PARTS- ALTERNATOR -75.00 65060 ADVANCED PROCLEAN INC.POWER WASHING 1,073.15 65060 APC STORES, INC., DBA BUMPER TO BUMPER #313 LENS 2.02 65060 APC STORES, INC., DBA BUMPER TO BUMPER 6 AIR FILTERS 168.00 65060 APC STORES, INC., DBA BUMPER TO BUMPER BULBS 44.70 65060 APC STORES, INC., DBA BUMPER TO BUMPER CABIN AIR FILTER 39.28 65060 APC STORES, INC., DBA BUMPER TO BUMPER CONNECTOR ADAPTER 30.36 65060 APC STORES, INC., DBA BUMPER TO BUMPER FUEL CAP 7.69 65060 APC STORES, INC., DBA BUMPER TO BUMPER FUEL TREATMENT 56.28 65060 APC STORES, INC., DBA BUMPER TO BUMPER HALOGEN HEADLAMP 41.38 65060 APC STORES, INC., DBA BUMPER TO BUMPER MARKER LIGHTS 63.00 65060 APC STORES, INC., DBA BUMPER TO BUMPER PIGTAIL & SOCKET 5.89 65060 APC STORES, INC., DBA BUMPER TO BUMPER REPL LENS 4.04 65060 THE CHEVROLET EXCHANGE #626 PLOW CABLE 136.05 65060 THE CHEVROLET EXCHANGE #626 V PLOW MODULE & STOCK 325.00 65060 THE CHEVROLET EXCHANGE #626 PLOW MOTOR 142.22 65060 THE CHEVROLET EXCHANGE SOCKET 12.00 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC # 317 BRAKE ROTORS 363.14 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC 4 FILTERS 290.88 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC BRAKE PARTS 97.52 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC FUEL FILTER 296.10 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC SENSOR, PRESSURE 259.72 65060 MILLER HYDRAULIC SERVICE, INC.5 LARGE HYDRAULIC CYLINDER REPAIRS 2,612.35 65065 WENTWORTH TIRE SERVICE 2 NEW TIRES 1,470.07 65065 WENTWORTH TIRE SERVICE 3 NEW TIRES 1,166.97 65065 WENTWORTH TIRE SERVICE 5 TIRE MOUNTS 519.89 65065 WENTWORTH TIRE SERVICE LABOR TIRE MOUNTS 956.96 65065 WENTWORTH TIRE SERVICE NEW TIRE 631.50 65065 WENTWORTH TIRE SERVICE TIRE DISPOSAL 163.50 65065 WENTWORTH TIRE SERVICE TIRE REPAIR 142.00 65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 122.11 7710 MAJOR MAINTENANCE Total 98,162.43 600 FLEET SERVICES FUND Total 98,200.44 605 INSURANCE FUND 7801 EMPLOYEE BENEFITS 415151 66040 VARIDESK, LLC 16 DESKS AND MATS 6,660.00 7801 EMPLOYEE BENEFITS Total 6,660.00 605 INSURANCE FUND Total 6,660.00 Grand Total 1,424,855.31 967 of 483 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.28.2015 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT SUPPLEMENTAL BILLS LIST ATTACHMENT INSURANCE VARIOUS VARIOUS CASUALTY LOSS 3,650.00 VARIOUS VARIOUS WORKERS COMP 292.99 VARIOUS VARIOUS CASUALTY LOSS 21,066.17 VARIOUS VARIOUS WORKERS COMP 7,549.31 32,558.47 SEWER 7575.68305 IEPA LOAN DISBURSEMENT SEWER FUND 200,838.94 200,838.94 233,397.41 Grand Total 1,658,252.72 PREPARED BY DATE APPROVED BY DATE 1068 of 483 For City Council meeting of April 27, 2015 Item A3.1 Business of the City by Motion: Renewal of CADS Software License and Service Agreement with SunGard Public Sector For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Richard Eddington, Chief of Police Perry Polinski, Communications Coordinator Subject: Renewal of CADS Software License and Service Agreement with SunGard Public Sector Date: April 14, 2015 Recommended Action: Staff recommends that the City Council authorize the City Manager to renew sole source software license and service agreement with SunGard Public Sector (1000 Business Center Drive, Lake Mary, FL) for the Police Department’s CADS (Computer Aided Dispatch System) software in the amount of $75,119.30. The Agreement is effective from May 1, 2015 through April 30, 2016. Funding Source: Funding is provided by the Emergency Telephone System Service Agreements & Contracts (Account 202.22.5150.62509) with a Budget of $88,500. The 2014 service agreement with SunGard Public Sector was $72,931.77. In October 2014, we received notice of a planned maintenance increase of 10% across the board in 2015 to all customers using our product due to increasing support costs. However, through negotiations, the City was able to hold the base cost for all services in the 2015 Software License and Service Agreement to a 3% increase. Therefore, the cost to renew for 2015 is 75,119.30. Summary: This software is fully utilized by the Evanston Police Department and is essential for their daily success. As a proprietary system, there is no alternative maintenance option. The fees paid for this service agreement are used to continuously improve SunGard’s software applications as well as staff their 24/7 Public Safety & Justice applications support center. Also, as a client of SunGard Public Sector, the Police Department benefits from the continuous research and development that SunGard is doing to Memorandum 69 of 483 improve and enhance their software. This is a sole source request because the only option for comprehensive maintenance and support of the CADS application is SunGard Public Sector as it is the sole owner and distributor of the software. The Police Department’s Computer Aided Dispatch System has been in use since May 9, 1994 (at the time, this software license and service agreement was negotiated at a considerable discount). The Police Department relies on CADS to process numerous transactions related to real-time tracking and dispatching of public safety resources. CADS also assembles information for future use in reporting applications. Below is a brief description of some of the software applications that this agreement covers: • QREP is a reporting tool used to extract data and write programs for CAD and Records databases. • Mobile Data Browser Client is the base product that drives all of the Public Safety personnel’s ability to receive and send information to Dispatch and provides access to LEADS, which allows officers to obtain license plate, driver’s license, and criminal history information. • E911 interface automatically enters the name, address, and phone number (ANI/ALI) of the 9-1-1 caller into CADS. • Alarm interface provides the interface for the burglar & fire alarm panel. • CAD-Computer Aided Dispatch is the central system that all of the above systems connect to. This system provides telecommunicators with all of the data and information needed to dispatch Public Safety personnel to calls efficiently. • CRIMES-Police Records Management System is the central data entry system for all information or reports generated by the Police Department. • FIRES2000 is the Records Management System equivalent for the Fire Department. • LEADS state/NCIC interface provides LEADS access to all police officers on patrol. • FIELD INCIDENT REPORTING automates the police reporting process. Legislative History: FY14 Emergency Telephone System budget approved at the meeting of September 25, 2014. Attachments Copy of Invoice Page 2 of 2 70 of 483 Document No Date Page 98499 31/Mar/2015 1 of 3 Ship To:Bill To: Customer Grp/No.Currency Terms Due Date 1442LG 30/Apr/2015USD SKU Code/Description/Comments Units Rate Extended City of Evanston Police & Fire Dept. 1454 Elmwood Ave. EVANSTON, IL 60201 United States Attn: Perry Polinski 847-866-5070 City of Evanston Police & Fire Dept. 1454 Elmwood Ave. EVANSTON, IL 60201 United States Attn: Perry Polinski 847-866-5070 Company LG 1 Customer Name City of Evanston Police & Fire Dept. Invoice No Customer PO Number NET30 1000 Business Center Drive Lake Mary, FL 32746 800-727-8088 www.sungardps.com Contract No.081325 13 1.00 7,243.89 7,243.89 CAD 400 Maintenance Start: 01/May/2015, End: 30/Apr/2016 14 1.00 5,573.43 5,573.43 ISIS Switch Maintenance Start: 01/May/2015, End: 30/Apr/2016 15 12.00 199.61 2,395.32 Fires MDB Client Maintenance Start: 01/May/2015, End: 30/Apr/2016 16 1.00 325.69 325.69 QRep Catalog for C3 Maintenance Start: 01/May/2015, End: 30/Apr/2016 Contract No.081549 17 1.00 14,950.04 14,950.04 Message Switch Maintenance Start: 01/May/2015, End: 30/Apr/2016 18 49.00 199.61 9,780.89 Mobile Data Browser Client -CAD 400 Maintenance Start: 01/May/2015, End: 30/Apr/2016 Contract No.091688 19 1.00 3,619.32 3,619.32 Field Reporting Server Software Maintenance Start: 01/May/2015, End: 30/Apr/2016 20 49.00 199.61 9,780.89 FIELD INCIDENT REPORTING Maintenance Start: 01/May/2015, End: 30/Apr/2016 Contract No.100392 21 1.00 0.00 0.00 Alarm Panel Interface - CAD 400 Maintenance Start: 01/May/2015, End: 30/Apr/2016 Contract No.101332 22 1.00 0.00 0.00 NAVI-DMS - Document Management Services Maintenance Start: 01/May/2015, End: 30/Apr/2016 Contract No.110077 23 1.00 0.00 0.00 Pager Connect Interface Maintenance Start: 01/May/2015, End: 30/Apr/2016 Contract No.20030088 Page Total 53,669.47 71 of 483 Document No Date Page 98499 31/Mar/2015 2 of 3 Ship To:Bill To: Customer Grp/No.Currency Terms Due Date 1442LG 30/Apr/2015USD SKU Code/Description/Comments Units Rate Extended City of Evanston Police & Fire Dept. 1454 Elmwood Ave. EVANSTON, IL 60201 United States Attn: Perry Polinski 847-866-5070 City of Evanston Police & Fire Dept. 1454 Elmwood Ave. EVANSTON, IL 60201 United States Attn: Perry Polinski 847-866-5070 Company LG 1 Customer Name City of Evanston Police & Fire Dept. Invoice No Customer PO Number NET30 1000 Business Center Drive Lake Mary, FL 32746 800-727-8088 www.sungardps.com 3 1.00 337.65 337.65 QRep Administrator Maintenance Start: 01/May/2015, End: 30/Apr/2016 4 5.00 337.65 1,688.25 QRep End User Maintenance Start: 01/May/2015, End: 30/Apr/2016 5 2.00 325.69 651.38 QRep Catalogs for FS & CC Maintenance Start: 01/May/2015, End: 30/Apr/2016 Contract No.20031035 6 1.00 0.00 0.00 NAVI - FIRES Suite Maintenance Start: 01/May/2015, End: 30/Apr/2016 7 1.00 9,586.73 9,586.73 NaviLine - Crimes Management Maintenance Start: 01/May/2015, End: 30/Apr/2016 8 1.00 1,985.63 1,985.63 NAVI-FIRES Incident Maintenance Start: 01/May/2015, End: 30/Apr/2016 9 1.00 1,166.17 1,166.17 NAVI - FIRES Prevention System Maintenance Start: 01/May/2015, End: 30/Apr/2016 10 1.00 1,166.17 1,166.17 NAVI - FIRES Resource Activity Tracking Maintenance Start: 01/May/2015, End: 30/Apr/2016 Contract No.20061339 11 1.00 326.40 326.40 QRep Administrator Maintenance Start: 01/May/2015, End: 30/Apr/2016 12 4.00 326.40 1,305.60 QRep End User Maintenance Start: 01/May/2015, End: 30/Apr/2016 Contract No.346 1 1.00 1,176.67 1,176.67 Enhanced 911 CAD IV Maintenance Start: 01/May/2015, End: 30/Apr/2016 2 1.00 2,059.18 2,059.18 Mobile Maintenance Start: 01/May/2015, End: 30/Apr/2016 Page Total 21,449.83 72 of 483 Document No Date Page 98499 31/Mar/2015 3 of 3 Ship To:Bill To: Customer Grp/No.Currency Terms Due Date 1442LG 30/Apr/2015USD SKU Code/Description/Comments Units Rate Extended City of Evanston Police & Fire Dept. 1454 Elmwood Ave. EVANSTON, IL 60201 United States Attn: Perry Polinski 847-866-5070 City of Evanston Police & Fire Dept. 1454 Elmwood Ave. EVANSTON, IL 60201 United States Attn: Perry Polinski 847-866-5070 Company LG 1 Customer Name City of Evanston Police & Fire Dept. Invoice No Customer PO Number NET30 1000 Business Center Drive Lake Mary, FL 32746 800-727-8088 www.sungardps.com 75,119.30 0.00 Subtotal Invoice Total 75,119.30 0.00 75,119.30 Payment Received Sales Tax Balance DuePSA Reference Number: RB# 98104 Remit Payment To: SunGard Public Sector Inc. Bank of America 12709 Collection Center Drive Chicago, IL 60693 73 of 483 For City Council meeting of April 27, 2015 Item A3.2 Business of the City by Motion: Hot Mix Asphalt Contract Renewal For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Suzette Robinson, Director of Public Works James Maiworm, Assistant Director of Public Works O & M Subject: Contract Extension for Hot Mix Asphalt (Bid #12-34) Date: April 2, 2015 Recommended Action: Staff recommends City Council approval of a one-year contract extension for the purchase of 500 tons of modified hot mix asphalt at a cost of $52.00 per ton and 300 tons of modified hot mix binder at the cost of $44.00 per ton to Arrow Road Construction dba Healy Asphalt (3401 South Busse Road, Mt. Prospect, IL) for Fiscal Year 2015 for an estimated cost of $39,200. Funding Source: Funding for this purchase will be from the FY2015 General Fund Street and Alley Account (100.26.2670.65055) in the amount of $31,800 (132,500 budgeted); the Water Fund Account (510.71.7115.65051) in the amount of $5,000 ($27,600 budgeted); and the Sewer Fund Account (515.71.7400.65051) in the amount of $2,400 ($10,000 budgeted). Summary: In May 2011, staff solicited bids for the purchase of modified hot mix asphalt. The proposed contract was for a one-year period with the right to extend the contract for up to four, one-year periods. This is the final year of contract extensions. Per the terms of the contract, staff has negotiated with Healy Asphalt, Inc. to establish the purchase price based on the market conditions and other competitive bid pricing in the area. This year Healy Asphalt Company has agreed to hold the 2014 prices thru the 2015 construction season. The contract terms include a provision in which the City can increase or decrease the quantities of asphalt purchased by 30%. To ensure that the price quoted by Healy was competitive, staff solicited quotes from two additional vendors for 500 tons of hot mix asphalt surface and received verbal quotes of $59.00 per ton and $54.00 per ton, and $52.00 per ton and $46.00 per ton Memorandum 74 of 483 Page 2 of 2 respectively. Therefore, staff recommends awarding a one-year contract extension for asphalt to Healy. 75 of 483 For City Council meeting of April 27, 2015 Item A3.3 Business of the City by Motion: Purchase of Pavement Marking Services For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Suzette Robinson, Director of Public Works Jim Maiworm, Assistant Director of Public Works, O & M Subject: Purchase Award for 2015 Pavement Marking Services Date: April 27, 2015 Recommended Action: Staff recommends City Council authorize the City Manager to purchase pavement markings services through the Suburban Purchasing Cooperative (Northwest Municipal Conference) in the amount of $50,000. The Suburban Purchasing Cooperative awarded its contract to the lowest responsive and responsible bidder, Superior Road Striping (1967 Cornell Court Melrose Park, IL 60160). Funding Source: Funding for this work will be from the Pedestrian Safety Improvement CIP Project 416434 (415.26.4150.65515) in the amount of $50,000, which is budgeted for $150,000 in FY2015. Summary: Historically, Pavement Marking is a service that has been collectively shared by communities in the north and northwest suburban region for many years. NWMC was the original organizer of the collective contract which has no passed through to the Suburban Purchasing Cooperative. This organization now encompasses members from four different “Council of Governments” to further enhance the buying power. The City of Evanston has participated for the past several years and we have found it to be to our advantage economically to participate. Both traffic paint and thermoplastic will be used in this year’s marking program. Traffic paint will be used to refresh existing markings and Thermoplastic will be used to replace very worn and faded markings. Memorandum 76 of 483 Below is the table of costs per unit of measure for this year. DESCRIPTION UNIT UNIT PRICE THPL PVT MK L&S SF $4.09 THPL PVT MK 4” line LF $0.54 THPL PVT MK 6” line LF $0.81 THPL PVT MK 12” line LF $1.63 THPL PVT MK 24” line LF $4.09 PAVT MARKING REMOVAL SF $0.75 Preliminary priority locations for pavement markings this year include: • 152 cross walks and stop bars adjacent to schools citywide • 55 crosswalks and stop bars along safe routes to schools citywide • Additional centerline and skip dash marking on various streets citywide • Speed hump markings • Bike lane markings Speed hump and bike lane markings refresh will be completed by in-house staff. Staff recommends approval. Page 2 of 2 77 of 483 For the City Council Meeting of May 10, 2010 Item # For City Council Meeting of April 27, 2015 Item A3.4 Business of the City by Motion: Two (2) Replacement Vehicle Purchases For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Suzette Robinson, Director of Public Works Lonnie Jeschke, CPFP, Manager Fleet Services Subject: Two Replacement Vehicle Purchases Date: April 20, 2015 Recommended Action: Staff recommends City Council authorize the City Manager to approve the purchase of two (2) replacement vehicles in the amount of $61,962.00 from Currie Motors, located at 9423 W. Lincoln Highway, Frankfort, Illinois 60423. Funding Source: Funding for the purchase of these two (2) Ford pick-up trucks will be from the Equipment Replacement Fund budget account (601.26.7780.65550) in the amount of $61,962.00 which has a budget of $1,455,422.00. This expenditure represents 4.2% of this budgeted amount. Summary: The details of the vehicles/units to be replaced are listed below: Division/ Department Unit # Description Model Year Condition Original Purchase Price L.T.D. Repair $$’s L.T.D. Miles Fleet Services P.W. 759 Dodge Ram 4x4 pick-up truck 2001 Very Poor $25,813 $32,189 59,204 Recreation 432 Ford F-250 4X2 2006 Very Poor $18,243 $34,077 103,009 The recommended replacement unit purchases are as follows: Memorandum 78 of 483 Department Division Unit # Replacement Description Model Year Purchase Price Type of Bid or Quote Vendor Fleet Services P.W. 759 Ford F-250 4X4 w/Tommy Gate 2015 $38,407 NWMC SPC Currie Motors Recreation 432 Ford F-150 4X4 2015 $23,555 NWMC SPC Currie Motors The vehicles listed for replacement support daily operations of the Fleet Services Division of the Public Works Department and the Recreation Department. The purchase of these two (2) units is crucial for safe, reliable, and cost effective operations on a daily basis. The Ford F-250 is a direct replacement in terms of sizing for the Fleet Services Division, whereas, the Ford F-150 is a downsized vehicle from a Ford F-250 due to the changes in operations in the Recreation Department. The Ford F-250 will be powered by B-20 bio-diesel and the Ford F-150 will be fueled by 87 octane gasoline. Both engines are equipped with the latest available vehicle emission technologies in the market place at this point in time. The Northwest Municipal Conference Suburban Purchasing Cooperative Competitive Bid winner, Currie Motors, will be utilized for these vehicle purchases. Currie Motors has been a responsive and responsible vendor for Ford products for many years for this type of purchase. There are no Evanston Based Businesses that can provide these types of vehicles. Attachments Specifications/pricing for the two (2) replacement vehicles. 2 79 of 483 80 of 483 81 of 483 82 of 483 83 of 483 84 of 483 85 of 483 86 of 483 87 of 483 88 of 483 89 of 483 90 of 483 91 of 483 92 of 483 93 of 483 94 of 483 95 of 483 96 of 483 97 of 483 98 of 483 For City Council meeting of April 27, 2015 Item A3.5 Business of the City by Motion: 2015 50/50 Sidewalk Replacement Project 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 Rajeev Dahal, Senior Project Manager Subject: 2015 50/50 Sidewalk Replacement Program Project#: PW-SR-1500 (Bid # 15-25) Date: April 15, 2015 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a contract for the 2015 50/50 Sidewalk Replacement Project (Bid # 15-25) with Schroeder & Schroeder Inc. (7306 Central Park Avenue, Skokie, IL 60076) in the amount of $356,610.00. Funding Source: Funding for this work will be from the Capital Improvement Program (CIP): 50/50 Sidewalk Replacement Program Project 415864: $150,000 Traffic Calming & Pedestrian/Bike Accommodations Project 415870: $ 75,000 CIP Total $225,000 Estimated Private Funds: $131,610 This bid is an estimate. Staff are not sure how many residents will participate in the program. Funding of $150,000 is provided for this project in the FY2015 CIP. The additional $75,000 will be provided by funds deferred for CIP Project 415870. Summary: The 50/50 Sidewalk Replacement Program provides for the replacement of sections of deteriorated sidewalk as requested by property owners. The cost of sidewalk replacement is shared between property owners and the City. The property owners pay 50% of the cost. Sidewalk sections damaged by tree roots in the parkway are replaced using City funds. These improvements are performed annually throughout the City. This year’s program also includes replacement of sunken sidewalks to address icing and ponding issues as requested by several residents. At these locations, in addition to Memorandum 99 of 483 replacing the sidewalks, the work will also include re-grading the sidewalk area and the parkways. The bid documents were prepared and sent to several potential bidders. The project was advertised on March 26, 2015 in the Chicago Tribune. The project was also published on Demand Star. A pre-bid meeting was held on April 7, 2015 and the bids were opened on April 14, 2015. Bids were submitted by Schroeder & Schroeder, D’Land Construction, and Suburban Concrete as follows: CONTRACTOR BID PRICE Schroeder & Schroeder, Skokie, IL $356,610.00 D’Land Construction, Bensenville, IL $368,500.00 Suburban Concrete, Mundelein, IL $405,032.50 The engineer’s estimate for this project is $297,540. The engineers estimate is based on last year’s 50/50 sidewalk prices plus inflation. The lowest responsive and responsible bid is $59,070 above the engineers estimate. The bid results are correct and in order. A copy of the bid tabulation is enclosed for your review. Schroeder & Schroeder 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: Ozinga Ready Mix, Inc. (EBE) and Alzate Trucking (MBE) Inc. The total value of the estimated M/W/EBE subcontracted work is 22.5% ($79,500). A 2.5% M/W/EBE waiver has been granted. The M/W/EBE schedule and the supporting documentation have been reviewed and confirmed by the Purchasing Division, as indicated in the attached memo. The contractor has agreed to comply with Local Employment Program to hire Evanston residents to work on this project. Schroeder & Schroeder Inc. has worked with the City before on similar projects and completed work on time and within budget. Attachments: Bid Tab M/W/EBE Memo Page 2 of 2 100 of 483 DATE: 4-14-2015 TIME: 2:00 p.m. ATTENDED BY: Rajeev Dahal 1 PCC SIDEWALK - 5" (REMOVAL & REPLACEMENT) - MAIN WALK SQ FT 33,000 $6.00 $198,000.00 $8.00 $264,000.00 $7.89 $260,370.00 $8.75 $288,750.00 2 PCC SIDEWALK, SPECIAL - 5" (REMOVAL, REGRADING & REPLACEMENT) - MAIN WALK SQ FT 5,000 $8.00 $40,000.00 $10.00 $50,000.00 $8.44 $42,200.00 $9.25 $46,250.00 3 PCC SIDEWALK - 5" (REMOVAL & REPLACEMENT) - PARKWAY / SERVICE WALK SQ FT 1,000 $6.50 $6,500.00 $10.00 $10,000.00 $14.10 $14,100.00 9 3/4 $9,750.00 4 PCC SIDEWALK - 5" NEW (9" EARTH EXCAVATION & 4" AGGREGATE BASE COURSE) SQ FT 150 $7.00 $1,050.00 $12.00 $1,800.00 $31.00 $4,650.00 $9.75 $1,462.50 5 CONCRETE CURB, TYPE B (REMOVAL & REPLACEMENT)FOOT 50 $20.00 $1,000.00 $50.00 $2,500.00 $39.00 $1,950.00 $30.00 $1,500.00 6 COMBINATION CONCRETE CURB & GUTTER, TYPE B-6.12 (REMOVAL & REPLACEMENT)FOOT 50 $25.00 $1,250.00 $65.00 $3,250.00 $45.00 $2,250.00 $30.00 $1,500.00 7 EARTH EXCAVATION, SPECIAL, 2"-6"SQ YD 780 $45.00 $35,100.00 $7.00 $5,460.00 $21.00 $16,380.00 $50.00 $39,000.00 8 FURNISHING AND PLACING TOPSOIL, SPECIAL, 2"-4"SQ YD 780 $5.00 $3,900.00 $6.00 $4,680.00 $12.00 $9,360.00 $5.00 $3,900.00 9 SODDING, SPECIAL SQ YD 780 $8.00 $6,240.00 $14.00 $10,920.00 $18.00 $14,040.00 $14.00 $10,920.00 10 DETECTABLE WARNINGS SQ FT 100 $45.00 $4,500.00 $40.00 $4,000.00 $32.00 $3,200.00 $20.00 $2,000.00 $297,540.00 $356,610.00 $368,500.00 $405,032.50 $356,610.00 $368,500.00 $405,032.50 21227 W. Commercial Mundelein, IL 60060 UNIT PRICE TOTAL Bensenville, IL 60106 7306 Central Park Avenue 600 S. County Line Road, #1N TOTAL BID AS READ AS CORRECTED ITEM NO.ITEM UNIT PRICEUNITTOTAL QUANTITY TOTAL TOTALUNIT PRICE TOTALUNIT PRICE APPROVED ENGINEER'S ESTIMATE Schroeder & Schroeder D'Land Construction, LLC Skokie, IL 60076 CITY OF EVANSTON TABULATION OF BIDS FOR 2015 50/50 SIDEWALK REPLACEMENT PROGRAM - BID NO. 15-25 NAME AND ADDRESS OF BIDDERS Suburban Concrete 101 of 483 Bid 15-25, 2015 50/50 Sidewalk Replacement Project, M/W/EBE Memo, 04.27.2015 To: Suzette Robinson, Director of Public Works Sat Nagar, P.E., Asst. Director of Engineering & Infrastructure Rajeev Dahal, Senior Project Manager From: Tammi Turner, Purchasing Manager Subject: Bid 15-25, 2015 50/50 Sidewalk Replacement Project Date: April 27, 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 50/50 Sidewalk Replacement Project, in the base bid amount of $356,610, the primary contractor Schroeder & Schroeder, Inc., has subcontracted the following: Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Ozinga Ready Mix Concert Material $75,000 21 X Alzate Trucking, Inc. Hauling & Trucking $4,500 1.5 X Total M/W/EBE $5,322 22.5% Schroeder & Schroeder, Inc., has requested a waiver for the remaining 2.5% MWEBE participation goal. A 2.5% MWEBE waiver is granted. Schroeder & Schroeder, Inc., total bid amount is $356,610 and will receive a credit for 22.5% MWEBE participation; Schroeder and Schroeder have met the initial LEP compliance requirements. Cc: Martin Lyons, Assistant City Manager/CFO Memorandum 102 of 483 For City Council meeting of April 27, 2015 Item A3.6 Business of the City by Motion: Parking Meter Expenses For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Martin Lyons, Chief Financial Officer Rickey A. Voss, Revenue/ Manager Subject: 2015 Duncan Solutions, Inc. and Passport Parking Expenses Date: March 24, 2015 Recommended Action: Staff recommends the City Council authorize expenditure to Duncan Solutions, Inc. (633 W. Wisconsin Ave., Milwaukee, WI) and Passport Parking to cover the fees associated with parking meter and pay by cell operations in the amount of $190,400. Funding Source: 2015 Budget: 505.19.7015.65070 $230,000 Duncan Solutions: $151,000 Passport Parking: $ 39,400 Total: $190,400 Summary The new parking meters have a monthly fee for back office support of $7.25 that is estimated to be a monthly charge of $12,535 based on a current inventory of 1729 parking meters. In addition Passport Parking is the third party vendor for Duncan Solutions, Inc. for pay by cell activity. The pay by cell option is in conjunction with the original installation specifications and contract which is administered by Duncan Solutions. Passport parking charges a $.35 per transactions fee for processing which currently is approximately $3,200 per month based on approximately 9,142 transactions. The $.35 per transaction fee, as indicated in the original contract of July 2013, is a pass through as the rate is collected by the City and then paid to the vendor on a monthly basis. Legislative History The current 5-year agreement with Duncan Solutions, Inc. was approved by City Council on July 15, 2013. Link to Duncan agreement can be found here on page 107. http://www.cityofevanston.org/assets/CCAP%207.15.13%20ce.pdf Memorandum 103 of 483 For City Council Meeting of April 27, 2015 Item A4.1 Business of the City by Motion - Sidewalk Café, Freshii 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., Assistant Director for Engineering & Infrastructure Rajeev Dahal, Senior Project Manager Subject: Sidewalk Café for Freshii Date: April 14, 2015 Recommended Action: Staff recommends approval of a first-time application for a sidewalk café permit for Freshii, a Type # 2 restaurant located at 1596 Sherman Avenue. Funding Source: Not applicable. Summary: The Public Works Department has reviewed the sidewalk café application and recommends approval per the attached site plan. -------------------------------------------------------------------------------------------------------------------- Attachments: Freshii –Site Plan and Application Memorandum 104 of 483 105 of 483 106 of 483 107 of 483 108 of 483 109 of 483 110 of 483 111 of 483 112 of 483 scrambled eggs, avocado, black beans, aged cheddar, cilantro, pico de gallo Grilled Breakfast Burritos Ranchero Classic 4.99 scrambled eggs, steak, tomatoes, aged cheddar Steak, Egg & Cheese 4.99 house-made oatmeal, green apples, cinnamon, walnuts Slow Cooked Oatmeal Apple Cinnamon 3.99 house-made oatmeal, blueberries, granola Blueberry Crumble 3.99 house-made oatmeal, dried cranberries, almonds Cranberry Almond Crunch 3.99 scrambled eggs, smoked bacon, tomatoes, aged cheddar Grilled Egg Pockets Bacon, Egg & Cheese 3.99 scrambled eggs, grilled chicken, aged cheddar, tomatoes Monterey Chicken 3.99 scrambled eggs, spinach, mushrooms, roasted red peppers, goat cheese Spinach & Goat Cheese 3.99 Lifeway Frozen Kefir frozen kefir with your choice of two toppings additional toppings 0.50 each 4.99 Toppings Breakfast Almonds BlueberriesAgave Nectar Mango Oreo WalnutsStrawberries Banana Coconut Granola Chocolate Chips Cinnamon Dried Cranberries Green Apples Chicago Locations 161 N. Clark - 312.332.4151 111 W. Jackson - 312.588.5998 200 W. Monroe - 312.269.0995 17 E. Monroe - 312.419.1777 26 S. Clinton - 312.382.0900 200 W. Randolph - 312.578.1470 350 N. Lasalle - 312.836.0160 900 N. Michigan - 312.274.0464 835 N. Michigan - 312.202.9009 311 S. Wacker - 312.435.0311 854 W. Armitage - 773.348.0300 50 E. Washington - 312.499.0600 828 S. Wolcott - UIC Student Center West 28 N. Clark - 312.346.3663 Aon Center - 312.233.3399 Order Now! Delivery or Pickup. www.freshii.com Suburban Locations Oakbrook - 3021 Butterfield Rd - 630.990.7446 Rosemont - 5220 Fashion Outlets Way - 847.678.9141 Lombard - 203 Yorktown Center - 630.495.1197 Evanston - 1596 Sherman Avenue - 847.448.4300 Coming Soon! Ogilivie / Citigroup Center 1871-Merchandise Mart Illinois Center West Loop 113 of 483 Make Kale a base for 0.99 / Make Quinoa a base for 0.99 Make any Wrap or Burrito a Green Wrap for 0.75 Tofu 1.99 Tuna 1.99 Salmon 3.99 Chicken * 1.99 Steak * 2.99 Cobb field greens and romaine, avocado, bacon, blue cheese, tomatoes, crumbled egg, corn, fat-free honey dijon dressing Buffalo Salads & Wraps Burritos Soups Juices Bowls romaine, tomatoes, aged cheddar, carrots, celery, low-fat ranch dressing, buffalo sauce Metaboost field greens, spinach and kale, mangos, carrots, edamame, almonds, goat cheese, balsamic vinaigrette Market field greens and spinach, quinoa, avocado, beet slaw, apples, dried cranberries, carrots, fat-free honey dijon dressing Ninja spinach and romaine, cabbage, edamame, carrots, cucumbers, cilantro, crispy wontons, fat-free asian sesame dressing Fiesta field greens, black beans, avocado, aged cheddar, corn, pico de gallo, cilantro lime vinaigrette Buddha’s Satay rice noodles, crispy wontons, carrots, broccoli, cabbage, green onions, spicy peanut sauce Teriyaki Twist brown rice, broccoli, carrots, edamame, cucumber, green onions, sesame seeds, crispy wontons, teriyaki sauce Mediterranean half quinoa and half field greens, kalamata olives, red onions, feta cheese, cucumbers, roasted red peppers, tomatoes, cilantro, almonds, red pepper sauce Warrior brown rice, corn, red onions, tomatoes, carrots, black beans, cajun spice, low-fat ranch dressing Baja quinoa, avocado, red onions, cilantro, green onions, cabbage, salsa, pico de gallo Bangkok brown rice, spinach, cucumbers, mushrooms, carrots, cabbage, spicy peanut sauce Smokehouse brown rice, black beans, red onions, tomatoes, corn, aged cheddar, fiery bbq sauce Tex Mex brown rice, black beans, corn, avocado, aged cheddar, pico de gallo, salsa Southwestern chicken broth, brown rice, broccoli, tomatoes, corn, aged cheddar Asian Vegetable vegetable broth, rice noodles, spinach, corn, edamame, carrots, celery Spicy Lemongrass spicy lemongrass broth, rice noodles, cabbage, carrots, tomatoes, mushrooms, cilantro Carrot Zinger carrots, green apples, ginger #lifesupport our signature blended juice. kale, spinach, avocado, pineapple, banana Pangoa brown rice, avocado, black beans, aged cheddar, corn, cherry tomatoes, cilantro, lime wedge, fiery bbq sauce Salad 8.49 / Wrap 7.99 Salad 6.49 / Wrap 5.99 Salad 8.49 / Wrap 7.99 Salad 7.99 / Wrap 7.49 Salad 6.49 / Wrap 5.99 Salad 6.99 / Wrap 6.49 6.49 5.99 8.99 7.49 5.99 5.99 5.99 5.99 7.49 12 oz 5.49 / 20 oz 7.99 5.99 5.99 6.99 12 oz 5.49 / 20 oz 7.99 Green Refresher kale, green apples, celery, cucumbers, lime 12 oz 5.49 / 20 oz 7.99 Mighty Detox pineapple, ginger, apples, celery, cucumbers 12 oz 5.49 / 20 oz 7.99 Red Power cabbage, red beets, cucumbers, apple 12 oz 5.49 / 20 oz 7.99 Smoothies Banana Nut Crunch banana, almonds, granola, skim milk California Cooler blueberries, blackberries, strawberries, raspberries, banana, orange juice Mango Tango mango, pineapple, papaya, orange juice 20oz 5.49 20oz 5.49 20oz 5.49 Peanut Butter Power banana, peanut butter, skim milk 20oz 5.49 Tropical Twist banana, pineapple, mango, papaya, coconut, skim milk 20oz 5.49 Quad Berry Blast blueberries, blackberries, strawberries, raspberries, cranberry juice 20oz 5.49 All smoothies made with Lifeway Frozen Kefir Add whey protein for 0.75 Substitute soy milk or almond milk for 0.75 Spicy Thai quinoa, cabbage, carrots, cilantro, edamame, spicy lemongrass sauce 6.49 114 of 483 For City Council Meeting of April 27, 2015 Item A4.2 Business of the City by Motion - Sidewalk Café, Patisserie Coralie 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., Assistant Director for Engineering & Infrastructure Rajeev Dahal, Senior Project Manager Subject: Sidewalk Café for Patisserie Coralie Date: April 14, 2015 Recommended Action: Staff recommends approval of a first-time application for a sidewalk café permit for Patisserie Coralie, a Type # 2 restaurant located at 600 Davis Street. Funding Source: Not applicable. Summary: The Public Works Department has reviewed the sidewalk café application and recommends approval per the attached site plan and subsequent notification to adjacent property owners within 250 feet. -------------------------------------------------------------------------------------------------------------------- Attachments: Patisserie Coralie – Site Plan and Application Memorandum 115 of 483 116 of 483 117 of 483 118 of 483 119 of 483 120 of 483 121 of 483 122 of 483 123 of 483 124 of 483 For City Council Meeting of April 27, 2015 Item A4.3 Business of the City by Motion - Sidewalk Café, Boltwood 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., Assistant Director for Engineering & Infrastructure Rajeev Dahal, Senior Project Manager Subject: Sidewalk Café for Boltwood Date: April 14, 2015 Recommended Action: Staff recommends City Council approval of a first-time application for a sidewalk café permit for Boltwood, a Type # 1 restaurant located at 804 Davis Street. Funding Source: Not applicable. Summary: The Public Works Department has reviewed the sidewalk café application and recommends approval per the attached site plan. -------------------------------------------------------------------------------------------------------------------- Attachments: Boltwood – Site Plan and Application Memorandum 125 of 483 126 of 483 127 of 483 128 of 483 129 of 483 130 of 483 131 of 483 132 of 483 DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACTPRODUCERNAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDL SUBRINSR POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITSPOLICY NUMBERLTR (MM/DD/YYYY) (MM/DD/YYYY)INSR WVD GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTEDCOMMERCIAL GENERAL LIABILITY $PREMISES (Ea occurrence) CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP/OP AGG $ PRO-$POLICY LOCJECT COMBINED SINGLE LIMITAUTOMOBILE LIABILITY (Ea accident)$ BODILY INJURY (Per person) $ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $HIRED AUTOS (Per accident)AUTOS $ UMBRELLA LIAB EACH OCCURRENCE $OCCUR EXCESS LIAB CLAIMS-MADE AGGREGATE $ $DED RETENTION $ WC STATU- OTH-WORKERS COMPENSATION TORY LIMITS ERAND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $N / AOFFICER/MEMBER EXCLUDED? (Mandatory in NH)E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2010/05) HKKLL-1 OP ID: L2 03/13/15 Phone: 847-940-4300 Rosenthal Bros., Inc. 740 Waukegan Road P.O. Box 700 Deerfield, IL 60015-0700 Mindy M. Maggio Fax: 847-940-4315 Badger Mutual EmployersHKK LLC DBA Boltwood 2119 Payne St. Evanston, IL 60201 1,000,000 A X X 00674-10391 03/26/15 03/26/16 300,000 X 5,000 1,000,000 2,000,000 1,000,000 1,000,000 A 00674-10391 03/26/15 03/26/16 X X X X 1,000,000 A 00674-10391 03/26/15 03/26/16 1,000,000 X 10000 X B EIG2103987 05/06/14 05/06/15 500,000 500,000 500,000 A Liquor Liab 00674-10391 03/26/15 03/26/16 1,000,000 The City of Evanston is named as additional insured pursuant to the City Code sections regulating sidewalk cafes, and all city staff regulations regarding sidewalk cafes when required by written contract. CITYE10 City of Evanston 2100 Ridge Ave Evanston, IL 60201-2798 133 of 483 134 of 483 135 of 483 136 of 483 137 of 483 138 of 483 139 of 483 For City Council Meeting of April 27, 2015 Item A4.4 Business of the City by Motion - Sidewalk Café, Tapas Barcelona 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., Assistant Director for Engineering & Infrastructure Rajeev Dahal, Senior Project Manager Subject: Sidewalk Café for Tapas Barcelona Date: April 14, 2015 Recommended Action: Staff recommends approval of a first-time application for a sidewalk café permit for Tapas Barcelona, a Type # 1 restaurant located at 1615 Chicago Avenue. Funding Source: Not applicable. Summary: The Public Works Department has reviewed the sidewalk café application and recommends approval per the attached site plan. Due to the construction activity adjacent to the site, the Health Department requires that the sidewalk café not operate during construction hours, and that all food contact surfaces are free of debris, washed rinsed and sanitized prior to use. -------------------------------------------------------------------------------------------------------------------- Attachments: Tapas Barcelona – Site Plan and Application Memorandum 140 of 483 141 of 483 142 of 483 143 of 483 144 of 483 145 of 483 146 of 483 147 of 483 148 of 483 149 of 483 150 of 483 151 of 483 152 of 483 For City Council meeting of April 27, 2015 Item A5 Business of the City by Motion: Line of Credit TIF Funds For Action Memorandum To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/CFO Subject: Authorization to Access Line Of Credit of $4.9 Million Date: April 6, 2015 Recommended Action: Staff recommends that City Council authorize the City Manager to sign an agreement with First Bank and Trust to have access to a Line of Credit up to an amount of $4.9 million for use in the Dempster/Dodge and Main/Chicago TIF Districts. Summary: The Dempster/Dodge and Main/Chicago TIF Districts have Development Projects that have been previously reviewed by the City Council as noted in Attachment B (Dempster/Dodge TIF) and Attachment C (Main/Chicago TIF). These projects involve private property, and as such, any debt incurred to accomplish these projects can be considered taxable. Depending on the final schedule for each project, the Letter of Credit Balance will be refinanced into a projected 20-year bond issue to be paid from the tax increment generated by the respective TIF listed above. Per the attached term sheet (Attachment A) from First Bank and Trust, the City’s rate will be based on the London Interbank Offered Rate (LIBOR) 30 day plus 100 basis points. Presently the LIBOR 30 day is at 0.17625% making our total initial interest rate 1.17625%, and this rate will fluctuate monthly. Staff will review interest rates on a monthly basis and will also evaluate the need to increase or decrease this line of credit based on activities within the Dempster/Dodge and Main/Chicago TIFs. This Line of Credit is separate from the originally approved amount of $2.2 million for the West Evanston and Howard Ridge TIFs. The West Evanston and Howard Ridge Line of Credit will be discussed at a future agenda in 2015. 153 of 483 As appropriate, the debt carried through this line of credit will also be refinanced into long-term debt at the completion of the project within the Main and Chicago TIF and the project within the Dempster Dodge TIF. Attachments: Attachment A – First Bank & Trust Terms and Conditions Attachment B – Dempster/Dodge TIF Agreement Attachment C – Chicago-Main TIF Agreement 154 of 483 155 of 483 156 of 483 157 of 483 158 of 483 159 of 483 160 of 483 161 of 483 162 of 483 163 of 483 164 of 483 165 of 483 166 of 483 167 of 483 168 of 483 169 of 483 170 of 483 171 of 483 172 of 483 173 of 483 174 of 483 175 of 483 176 of 483 177 of 483 178 of 483 179 of 483 180 of 483 181 of 483 182 of 483 183 of 483 184 of 483 185 of 483 186 of 483 187 of 483 188 of 483 189 of 483 190 of 483 191 of 483 192 of 483 193 of 483 194 of 483 195 of 483 196 of 483 197 of 483 198 of 483 199 of 483 200 of 483 201 of 483 202 of 483 203 of 483 204 of 483 205 of 483 206 of 483 207 of 483 208 of 483 209 of 483 210 of 483 211 of 483 212 of 483 For City Council meeting of April 27, 2015 Item A6 Business of the City by Motion: Dempster Street Parklet For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Wally Bobkiewicz, City Manager Johanna Nyden, Economic Development Division Manager Subject: Consideration of Installation of Dempster Parklet Date: April 20, 2015 Recommended Action: Staff recommends that City Council approve a parklet sponsored and managed by Hewn, an artisanal bakery, for two parking spaces located at 810 Dempster Street. The proposed period for seasonal use of the parklet is for a period of four years (through 2018). Funding Source: The City collects an estimated $800 annually from individual parking meters at this location. The estimated lost revenue for the seasonal placement of the parklet is estimated to be $400 annually for each meter, for a total of $800. Staff proposes transferring $800 annually from the Economic Development Fund to the Parking Fund to offset the revenue forgone due to the installation of the parklet. Background: In Spring 2014, the owners of Hewn requested permission from the City to be the inaugural sponsor of a “parklet” in Evanston. A parklet is a structure constructed for a permanent or seasonal period of time that extends the public sidewalk/domain into one or multiple public parking spaces. Parklets throughout the country are designed to foster unique placemaking in business districts and encourage the gathering of people in an area. They are often utilized in areas that lack public plazas, parks, or other public spaces for people. Parklets are designed to be public spaces, but are often managed by one or two businesses in the immediate vicinity of the parklet. In July 2014, the owners of Hewn presented their plan of creating and managing a public parklet in the 800 block of Dempster Street in a joint meeting of the Parking & Transportation Committee and the Economic Development Committee. The direction from the Committees was for Hewn to move forward and develop a parklet and report back to the Parking & Transportation Committee on the progress and utilization of the parklet. An agreement was entered into with Hewn that the Committee would make a recommendation to City Council on whether the City Council should approve permission Memorandum 213 of 483 for future utilization of the parking spaces for the parklet. The agreement is attached to this memorandum. Summary: The owners of Hewn are formally requesting four additional years of seasonal installation of the parklet at 810 Dempster Street after completing what they consider to be a successful installation and utilization of the parklet. Hewn’s owners led a community-based fundraiser through the web-based fundraising tool, Kickstarter, which raised $15,000 in 30 days from over 150 individual donors. The parklet’s Kickstarter video can be viewed here. After installing the parklet mid-summer, visitors to the 800 block of Dempster utilized the parklet until early November 2014. The Hewn owners would like to reinstall the parklet in the same two parking spaces located directly in front of their business for the next four years on a seasonal basis for a period of time starting in mid-April to the first week of November. Pictures of the installed parklet are attached to this memorandum. Attachments: - Pictures of Parklet - 2014 Parklet Pilot Program Agreement Page 2 of 3 214 of 483 Pictures from Parklet Page 3 of 3 215 of 483 216 of 483 217 of 483 218 of 483 219 of 483 220 of 483 For City Council Meeting of April 27, 2015 Item A7 Ordinance 58-O-15: Recreational Vehicle Parking For Introduction To: Honorable Mayor, Members of the City Council Members of the Administration & Public Works Committee From: Martin Lyons, Assistant City Manager/CFO Rickey A. Voss, Parking/Revenue Manager Subject: Ordinance 58-O-15: Adding City Code Section 10-4-20, “Recreational Vehicle Parking” and Amending City Code Section 10-6-2, “Authority to Remove Vehicles” Date: April 15, 2015 Recommended Action: Staff recommends that the City Council adopt Ordinance 58-O-15 amending Title 10, Chapter 4, “Stopping, Standing or Parking” to add Section 20: “Recreational Vehicle Parking,” and amending City Code Section 10-6-2, “Authority to Remove Vehicles” to address illegally parked recreational vehicles. Summary: Staff uses Title 10, Chapter 4, of the Evanston City Code to enforce restrictions on the stopping, standing or parking of vehicles around the City. Staff recommends Ordinance 156-O-14 to regulate recreational vehicle (“RV”) parking by adopting and implementing RV permit procedures. Each RV permit issued shall not exceed seventy-two (72) hours in duration and will cost fifty dollars ($50.00). Proposed City Code Section 10-4-20 states that it is a violation for a recreational vehicle to park on any public street in the City without an RV permit. Under the Ordinance, individuals violating the provisions of this new Section shall be subject to a fine of one hundred dollars ($100.00) per day per violation for up to five calendar days. After five calendar days, the City may remove the vehicle. City Code Section 10-6-2 is amended to correspond with the addition of City Code Section 10-4-20 and authorizes the City Manager or his/her designee to tow illegally parked recreational vehicles. Memorandum 221 of 483 The regulation of RV parking is common among similar municipalities. Below are four municipalities for comparison: Municipality Regulation Evergreen Park, Illinois It is unlawful to park an RV between the hours of 10:00 p.m. and 7:00 a.m. on any public street, alley, parkway or public property, or on any property zoned single family residential district or multi-family residential district. Evergreen Park Illinois Municipal Code Section 13-221. Elgin, Illinois It is unlawful to park an RV on any public street. Elgin Illinois Municipal Code Section 11.60.130. Lincolnwood, Illinois It is unlawful to park an RV on any street within the Village, or within any Village right-of-way or parking lot, except upon prior approval by the Chief of Police or his or her designee for a grace period not to exceed 24 consecutive hours. Limitations are set whereas no approval would be given to exceed: (1) any twenty-four-hour period more than four times in a given calendar year; or (2) two or more consecutive twenty-four-hour grace periods. Lincolnwood Illinois Municipal Code Section 7-2-17. Skokie, Illinois It is unlawful to park, stand or load any RV on any residential street except with the prior approval by the Village Police Department. Skokie Illinois Municipal Code Section 106-105. Legislative History: N/A Alternatives: N/A --------------------------------------------------------------------- Attachments: Ordinance 58-O-15 2 222 of 483 4/15/2015 58-O-15 AN ORDINANCE Adding City Code Section 10-4-20, “Recreational Vehicle Parking” and Amending City Code Section 10-6-2, “Authority to Remove Vehicles” NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Chapter 4 of Title 10 of the Evanston City Code of 2012, as amended, is hereby further amended by adding a new Section 20, which shall read as follows: 10-4-20. – RECREATIONAL VEHICLE PARKING. (A) No person, firm or corporation shall park any recreational vehicle, as defined in 625 ILCS 5/1-169, as amended, whether self-propelled or towed on any street in the City, unless a permit is issued by the City Manager or his/her designee. (B) The City Manager or his/her designee has the authority to adopt procedural rules and regulations governing the permit process, and to issue a parking permit for the parking of a recreational vehicle on a public street to any resident of the City or a bona fide guest of such resident, if: (1) a written application is made to the City Manager or his/her designee including the address of the resident; and (2) the appropriate fees are paid. (C) Permits. The permit shall state the address of the resident and the permit shall only be valid on a City-approved permitted lot upon availability, or within the same block as the resident’s address, on either side of the street. (1) Permits may be issued, but not exceed, seventy-two (72) consecutive hours. (2) No more than four (4) permits shall be issued for any one recreational vehicle within one calendar year. (3) Proof of residency and proof of recreational vehicle ownership or recreational vehicle use and control shall be demonstrated in a manner determined by the City Manager or his/her designee. (4) The fee for obtaining a single permit shall be fifty dollars ($50.00). 223 of 483 58-O-15 ~2~ (D) The recreational vehicle shall not be used for overnight camping. (E) Violations. (1) Any person violating the provisions of this Section shall be subject to a fine of one hundred dollars ($100.00) per day per violation for up to five (5) calendar days. Service of the parking ticket may be served by affixing the original or a copy of the parking ticket to an unlawfully parked vehicle or by handing the parking ticket to the operator of a vehicle if he or she is present. (2) In addition to the penalty provided for in this S ubsection, each recreational vehicle parked contrary to the provisions of this Subsection is hereby declared to be an obstruction in the streets and a public nuisance. After five (5) calendar days, the City Manager or his/her designee is authorized to immediately and without prior notice tow away, or cause to be towed away, said recreational vehicle. The removal shall be in accordance with City Code Section 10-6-2. (3) Failure to display the permit shall subject the owner of the recreational vehicle to the imposition of fines and/or removal of said vehicle as if the recreational vehicle were parked on the street without a permit having been issued. SECTION 2: City Code Section 10-6-2(A) of Title 10 of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 10-6-2. – AUTHORITY TO REMOVE VEHICLES (TOW). (A) The City Manager or his/her designee is hereby authorized to immediately and without prior notice tow away, or cause to be towed away, any vehicle on any public street, public place or private property in the following circumstances: 1. When the motor vehicle is an accident involved motor vehicle; 2. When the motor vehicle is a hazardous vehicle; 3. When the motor vehicle is a derelict motor vehicle; 4. When the motor vehicle is a snow emergency obstruction; 5. When the motor vehicle is a street cleaning obstruction; 6. When the motor vehicle is a tree cutting obstruction; 7. When the motor vehicle is a street or sewer maintenance obstruction vehicle; 8. When the motor vehicle is a tow away zone obstruction vehicle; 9. When the motor vehicle is not operable due to the arrest of the owner or operator; 10. When the motor vehicle is an abandoned, lost or reported stolen vehicle; 11. When the motor vehicle is a reserved residential wheelchair bound obstruction vehicle; 224 of 483 58-O-15 ~3~ 12. When the vehicle is a nonmotorized obstruction vehicle; 13. When the motor vehicle is a wheel lock immobilized vehicle pursuant to police order; 14. When the vehicle is on private property and is parked there without consent of the property owner, proprietor, or agent of the property; provided: a) that signs posted on the property give notice that parking is prohibited, and b) that the person requesting the tow signs a statement that he/she is the owner, proprietor, or agent of the property and that he/she has authority to request the tow. 15. When the motor vehicle violates the provisions of Subsection 9-5-23(A)4 of this Code; 16. When the vehicle was reportedly used in the commission of a crime; 17. When a crime was reported, or is suspected to have occurred, within any part of the vehicle; 18. When the motor vehicle is physically obstructing access to a fire hydrant.; 19. When the recreational vehicle violates the provisions of Subsection 10-4- 20 of this Code. SECTION 3: That the findings and recitals contained herein are declared to be prima facie evidence of the law of the City, and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 4: That all ordinances, or parts thereof, which are in conflict with this amendment are hereby repealed. SECTION 5: That if any provision of this Ordinance 58-O-15, or application thereof to any person or circumstance, is held unconstitutional or otherwise invalid, such invalidity shall not affect the applicability of the other provisions of this Ordinance 156-O-14. SECTION 6: That this Ordinance 58-O-15 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. 225 of 483 58-O-15 ~4~ Introduced: _________________, 2015 Adopted: ___________________, 201 5 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 226 of 483 To: Honorable Mayor and Members of the City of Council Members of the Administration and Public Works Committee From: Suzette Robinson, Director of Public Works Lonnie Jeschke, CPFP, Manager Fleet Services Subject: Ordinance 50-O-15, Sale of Surplus Property Fleet Vehicles Date: April 6, 2015 Recommended Action: Staff recommends that City Council adopt ordinance 50-O-15, which directs the City Manager to offer the sale of vehicles owned by the City through public auction. These public auctions include venues such as America’s Auto Auction and/or other live auctions, as well as online auctions as City vehicles become available. Summary: The Fleet Services Division typically participates in two to three vehicle and equipment auctions per year in the Northern Illinois area. The auctions are provided on behalf of America’s Auto Auctions, 14001 S. Karlov Avenue in Crestwood, Illinois 60554. America’s Auto Auctions is the Northwest Municipal Conferences’ successful bid winner for auction services for member municipalities This request authorizes the Fleet Division of Public Works to sell the vehicles listed in the table below as they become available through America’s Auto Auction’s Northwest Municipal Vehicle Auction, any future live auctions or any of America’s subsequent online internet auctions to the highest bidder. All proceeds from the auction will be credited to account number 7780.56065, “Sale of Surplus Property.” Memorandum For City Council meeting of April 27, 2015 Item A8 Ordinance 50-O-15: Authorizing the Sale of Surplus Property Fleet Vehicles For Introduction 227 of 483 Cost Center Department Vehicle # Vehicle Make Vehicle Model Year V.I.N. # Overall Condition L.T.D. Miles 2315 E.F. & L.S.S. 311 Pierce Arrow 1990 4P1CAO168LA100534 Poor 43,847 3215 Youth Service 444 Chevy Blazer 1998 1GNCS18W5WK23336 Very Poor 47,238 7130 Utilities Water 931 Ford F- 350 2004 1FTSF30P64ED81626 Very Poor 134,338 7130 Utilities Water 933 Ford F- 350 2006 1FTWX3055GED96408 Engine Failure 100,896 Attachments: Ordinance 50-O-15: Authorizing the Sale of a Surplus Fleet Vehicle Owned by the City of Evanston (Northwest Municipal Vehicle Auction) 228 of 483 4/6/2015 50-O-15 AN ORDINANCE Authorizing the Sale of a Surplus Fleet Vehicle Owned by the City of Evanston (Northwest Municipal Vehicle Auction) WHEREAS, the City Council of the City of Evanston (the “City”) has determined it is no longer necessary, practical, or economical, nor in the best interests of the City, to retain ownership of a certain surplus fleet vehicle that has a value in excess of one thousand five hundred dollars ($1,500.00) and is described in Exhibit A, which is attached hereto and incorporated herein by reference; and WHEREAS, the City Council has determined that it is in the best interests of the City to sell said surplus fleet vehicle to the highest bidder, 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: Pursuant to Subsection 1-17-3-(B) of the Evanston City Code of 2012, as amended, the City Council hereby authorizes and directs the City Manager to sell the aforementioned surplus fleet vehicle, upon terms and conditions deemed reasonable, necessary, and in the best interests of the City, to the highest bidder at the Northwest Municipal Vehicle Auction sponsored by America’s Auto Auctions to be held on or around May 12, 2015 at the Manheim Arena located at 14001 S. Karlov Avenue, Crestwood, Illinois 60440, or at any subsequent America’s Auto 229 of 483 50-O-15 ~2~ Auctions Services online auction. SECTION 3: Upon payment of the price indicated by the America’s Auto Auction Services, the City Manager is hereby authorized to convey evidence of ownership of aforesaid surplus fleet vehicle to the America’s Auto Auction Service. 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: 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 230 of 483 50-O-15 ~3~ EXHIBIT A SURPLUS FLEET VEHICLES/EQUIPMENT Cost Center Department Vehicle # Vehicle Make Vehicle Model Year V.I.N. # Overall Condition L.T.D. Miles 2315 E.F. & L.S.S. 311 Pierce Arrow 1990 4P1CAO168LA100534 Poor 43,847 3215 Youth Service 444 Chevy Blazer 1998 1GNCS18W5WK23336 Very Poor 47,238 7130 Utilities Water 931 Ford F- 350 2004 1FTSF30P64ED81626 Very Poor 134,338 7130 Utilities Water 933 Ford F- 350 2006 1FTWX3055GED96408 Engine Failure 100,896 231 of 483 For City Council meeting of April 27, 2015 Item A9 Ordinance 52-O-15: Dryden Place Addition to City Street System For Introduction To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Suzette Robinson, Director of Public Works Sat Nagar, P.E., Assistant Director, Engineering & Infrastructure Subject: Ordinance 52-O-15, Adding Dryden Place Addition to City Street System Date: April 17, 2015 Recommended Action: Staff recommends City Council adoption of Ordinance 52-O-15, adding Dryden Place to the City of Evanston street system as a private street. Summary: As part of the Asbury-Ridge subdivision, five single family homes were developed by Oakton-Custer L.L.C. (345 Sherman Ave., Evanston, IL 60201). A private street (Dryden Place) has been constructed to provide access to these single family homes, and the street access was approved as part of the original Planned Unit Development. With the approval of Dryden Place as the street name for this location, the City of Evanston will be able to provide the municipal services to these single family homes including fire and police, and the US Postal Service will be able to deliver mail. Dryden Place will have direct access to Asbury Avenue north of Dempster Street as shown on the attached map. Attachments: Ordinance 52-O-15 with Legal Description Oakton-Custer Partners Street Name Request Dryden Place Address Plan Memorandum 232 of 483 4/17/2015 52-O-15 AN ORDINANCE Adding Dryden Place to the City of Evanston Grid System as a Private Street NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The Illinois Municipal Code, 65 ILCS 5/11-80-19, permits the legislative authority of a municipal corporation to originally name and then may change the name of any street, avenue, alley or other public place. SECTION 2: Section 7-2-3 of the Evanston City Code of 2012 allows for the naming of City of Evanston (“City”) streets which shall be known and designated by the names applied thereto respectively on the maps and records of the City and as designated by the ordinances of the City, then in force, fixing the names of such streets and avenues. SECTION 3: Currently, within the City of Evanston, there are five single family homes located on an unnamed private street within the Asbury-Ridge subdivision. See map attached as Exhibit A. SECTION 4: The proposed street name is Dryden Place. Dryden Place will have direct access to Asbury Avenue north of Dempster Street. The name Dryden Place is in honor of the family that built and first occupied the property located within that private street. SECTION 5: Section 7-2-3 (B) of the Evanston City Code of 2012 allows that short streets running east and west may be designated as “places.” The proposed 233 of 483 52-O-15 ~2~ Dryden Place is considered a short street that runs east and west. SECTION 6: The purpose of naming and recognizing the proposed Dryden Place as part of the City Grid System is to enhance the easy and rapid location of properties for the delivery of public safety and emergency services, postal delivery and business delivery, and to provide for the posting of residential addresses in the City. SECTION 7: The City Council of the City of Evanston hereby names the short street running east and west that has direct access to Asbury Avenue north of Dempster as Dryden Place, which is in accordance with the aforesaid property legally described in Exhibit B, attached hereto and incorporated herein by reference. 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. SECTION 9: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 10: 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 11: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. 234 of 483 52-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 235 of 483 236 of 483 EXHIBIT A237 of 483 238 of 483 LEGAL DESCRIPTION FOR THE DESIGNATION OF DRYDEN PLACE AS OFFICIAL ADDRESS FOR LOTS 3, 4, 5, AND 6 OF THE ASBURY RIDGE RESUBDIVISION The following is the legal description for the area of the private street to be known as Dryden Place: 1. ALL PROPERTY DESCRIBED BEING WITHIN A RESUBDIVISION OF PARTS OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 41 NORTH RANGE 13 EAST AND PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1 8, TOWNSHIP 41 NORTH, RANGE 1 4 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, BOUNDED AND DESCRIBED AS FOLLOWS; 2. THE POINT OF BEGINNING BEING THE NORTHWEST CORNER OF LOT 3; 3. THENCE SOUTHERLY 22.83 FEET ALONG THE WESTERN PROPERTY LINE OF LOT 3; 4. THENCE EASTWARDLY 106.95 TO A POINT IN LOT 4 LOCATED 47.0 FEET EAST OF THE WEST PROPERTY LINE AND 22.83 FEET SOUTH OF THE NORTH PROPERTY LINE; 5. THENCE NORTHEASTERLY TO A POINT ON THE NORTH-SOUTH PROPERTY LINE DIVIDING LOT 4 AND LOT 5, SUCH POINT BEING 30.0 FEET SOUTH OF THE NORTHWEST CORNER OF LOT 5; 6. THENCE EASTERLY TO A POINT ON THE NORTH-SOUTH PROPERTY LINE DIVIDING LOT 5 AND LOT 6, SUCH POINT BEING 30.0 FEET SOUTH OF THE NORTHWEST CORNER OF LOT 6; 7. THENCE SOUTHEASTERLY TO A POINT ON THE NORTH-SOUTH PROPERTY LINE DIVIDING LOT 6 AND LOT 7, SUCH POINT BEING 20.0 FEET SOUTH OF THE NORTHEASTERN CORNER OF LOT 6; 8. THENCE NORTHERLY 15.0 FEET ALONG SAID NORTH-SOUTH PROPERTY LINE DIVIDING LOT 6 AND LOT 7 TO A POINT 5.0 FEET SOUTH OF THE NORTHEASTERN CORNER OF LOT 6; 9. THENCE NORTHWESTERLY TO A POINT ALONG THE NORTH-SOUTH PROPERTY LINE DIVIDING LOT 5 AND LOT 6, SUCH POINT BEING 1 2.0 FEET SOUTH OF THE NORTHEAST CORNER OF LOT S; 10. THENCE WESTERLY TO A POINT ON THE EASTERN PROPERTY LINE OF LOT 5, SUCH POINT BEING 1 2.0 FEET SOUTH OF THE NORTHWEST PROPERTY LINE OF LOT 5; 11. THENCE WEST-SOUTHWESTERLY TO A POINT ON THE NORTH PROPERTY LINE OF LOT 4, SUCH POINT BEING 33.0 FEET WEST OF THE NORTHWEST CORNER OF LOT 4; 12. THENCE WESTERLY BACK TO THE POINT OF BEGINNING. February 23, 2015 239 of 483 OAKTON-CUSTER PARTNERS, L.L.C. 345 SHERMAN AVENUE, EVANSTON, IL 60202 November 4, 2014 Mr. Wally Bobkiewicz City Manager City of Evanston 2100 Ridge Avenue Evanston, IL 60201 Re: Change of Address Request Dear Mr. Bobkiewicz: I am writing to request a change of address for the new homes I am building at 1241 and 1251 Dempster Street. I talked to Sat Nagar from the Engineering Department about this some time ago and he recommended that I send the request directly to you. I request that the official addresses of these two houses be changed from the current address on Dempster Street to new addresses on the private street that these houses actually take access from. The private street does not currently have a name, but I propose to name it Dryden Lane, in honor of the family that built and first occupied the property. The change of address I am requesting makes functional sense, since someone looking for one of the houses is likely to be confused by the absence of access along Dempster Street. The arrangement for access from the private drive was part of the original planned development, which was approved several years ago by the City of Evanston. That planned development created five lots facing Dryden Lane, four of which are owned by my limited liability company, Dryden Partners, LLC. I am a member and manager of Dryden Partners, LLC and I am the sole member of Oakton-Custer Partners, LLC, which is the general contractor for the houses. This request seeks to achieve consistency between actual access to the five houses/lots and their addresses. I have spoken to the owners/occupants of the fifth house/lot, Robin and Marshall Ross (1211 Dempster Street), and they support the naming of the private drive as Dryden Lane and changing the addresses as I have outlined above. Should the City of Evanston approve the change of address, I expect the Rosses will file their own change of address request. Formalizing the access along Dryden Lane was part of my design concept for the four houses from the very beginning. The design of the two houses currently under construction emphasizes access along Dryden Lane, and site improvements were made to make Dryden Lane an extension of the local neighborhood. These improvements include a continuous brick sidewalk constructed in front of the houses along Dryden Lane, which connects to the Asbury Street sidewalk. This sidewalk will be placed under an access easement ensuring the sidewalk is maintained for common use and access. In addition, two Tallmadge street lights were installed between the sidewalk and Dryden Lane to further reinforce Dryden Lane as an extension of the local neighborhood. Also, I plan/propose to install a street sign at the Dryden Lane/Asbury Street intersection to make it clear that Dryden Lane provides access to these homes. The design of the homes and site improvements makes the designation of Dryden Lane the logical and discernible means of access to these homes and it would make sense to change the addresses to reflect the actual means of access. P H O N E ( 3 1 2 ) 3 9 9 -4063 F A X ( 8 4 7 ) 5 5 6 -6410 240 of 483 Mr. Wally Bobkiewicz November 4, 2014 Page Two Since the homes along Dryden Lane will be located on the south side of the street, I propose that the street addresses be even-numbered addresses, consistent with the street numbering convention in Evanston. The house on the corner of Asbury Street and Dryden Lane, current known as 1251 Dempster Street (PIN 11-18-325-022-0000) I request be given the address of 1256 Dryden Lane. The house directly to the east (PIN 11-18-325-023-0000), I request be given the address of 1244 Dryden Lane. It may make sense to change the other two lots owned by Dryden Partners, LLC, located to the east of the previously referenced lot, at this time. If so, I request that the third lot east of Asbury Street, currently known as 1231 Dempster Street (PIN 11-18-325-024-0000), be changed to 1232 Dryden Lane. The fourth lot east of Asbury Street, currently known as 1221 Dempster Street (PIN 11-18-325-025-0000), I request be changed to 1222 Dryden Lane. There is already established precedent for granting official addresses to private streets in Evanston. A number of private streets were created as part of the redevelopment of larger, mansion-type properties in close proximity to this location. Thank you for your consideration of this request. I would be more than happy to provide you with any additional information you may require. Please have someone contact me to confirm receipt of this request and that this request has been submitted to the appropriate party. Sincerely, William R. James Manager O a k t o n - C u s t e r P a r t n e r s , L . L . C . , E v a n s t o n , I l l i n o i s 241 of 483 EXHIBIT A242 of 483 For City Council meeting of April 27, 2015 Item A10 Ordinance 40-O-15: Lease Agreement for City Owned Property, 1804 Maple 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 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. This ordinance was introduced at the April 13, 2015, City Council meeting. 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 243 of 483 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 244 of 483 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. 245 of 483 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 246 of 483 40-O-15 ~4~ EXHIBIT 1 LEASE AGREEMENT 247 of 483 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 248 of 483 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 .................................................................................................................. 20 249 of 483 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 250 of 483 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 251 of 483 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), 252 of 483 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. 253 of 483 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 254 of 483 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 255 of 483 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, 256 of 483 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 257 of 483 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 258 of 483 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. 259 of 483 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 260 of 483 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. 261 of 483 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: 262 of 483 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 263 of 483 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 264 of 483 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 265 of 483 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 266 of 483 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 267 of 483 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 268 of 483 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 269 of 483 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] 270 of 483 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 271 of 483 23 49817532v4 EXHIBIT A LEGAL DESCRIPTION (TO BE INSERTED AT A LATER DATE) 272 of 483 24 49817532v4 EXHIBIT B PLANS (TO BE INSERTED AT A LATER DATE) 273 of 483 For City Council meeting of April 27, 2015 Item A11 Ordinance 44-O-15: Decreasing Class C Liquor License Clarke’s For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 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. This ordinance was introduced at the April 13, 2015, City Council meeting. 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 274 of 483 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. 275 of 483 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. 276 of 483 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 277 of 483 For City Council meeting of April 27, 2015 Item A12 Ordinance 45-O-15: Decreasing Class D Liquor License Giordano’s For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 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. This ordinance was introduced at the April 13, 2015, City Council meeting. 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 278 of 483 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. 279 of 483 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 280 of 483 For City Council meeting of April 27, 2015 Item A13 Ordinance 41-O-15 Creating New Class F-1 Liquor License For Action 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. This ordinance was introduced at the April 13, 2015, City Council meeting. 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 Memorandum 281 of 483 and wine only for onsite consumption. The annual F-1 liquor license fee shall be 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. ------------------------------------------------------------------------------------- Attachment: Ordinance 41-O-15 Minutes of the July 16, 2014 Liquor Control Review Board meeting 282 of 483 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 283 of 483 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 284 of 483 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. 285 of 483 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 286 of 483 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). 287 of 483 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. 288 of 483 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. 289 of 483 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 290 of 483 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 291 of 483 For City Council meeting of April 27, 2015 Item A14 Ordinance 48-O-15 – Increase Class F-1 Liquor License For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 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. This ordinance was introduced at the April 13, 2015, City Council meeting. 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 292 of 483 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 293 of 483 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 294 of 483 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. 295 of 483 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 296 of 483 redacted 297 of 483 298 of 483 299 of 483 300 of 483 redacted 301 of 483 302 of 483 303 of 483 304 of 483 305 of 483 306 of 483 re da ct ed re d ac te d 307 of 483 308 of 483 309 of 483 310 of 483 311 of 483 312 of 483 313 of 483 314 of 483 315 of 483 316 of 483 317 of 483 318 of 483 319 of 483 320 of 483 321 of 483 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 322 of 483 For City Council meeting of April 27, 2015 Item A15 Ordinance 46-O-15, Sale of Beer in Twenty-Two Ounce Containers for P-1 License For Action 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. This ordinance was introduced at the April 13, 2015, City Council meeting. 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 323 of 483 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 324 of 483 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 325 of 483 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 326 of 483 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. 327 of 483 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. 328 of 483 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 329 of 483 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 330 of 483 For City Council meeting of April 27, 2015 Item A16 Ordinance 47-O-15 Creating New Class P-3 Liquor License For Action 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. This ordinance was introduced at the April 13, 2015, City Council meeting. 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 331 of 483 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 332 of 483 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, 333 of 483 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. 334 of 483 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 335 of 483 47-O-15 ~4~ Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 336 of 483 For City Council meeting of April 27, 2015 Item A17 Ordinance 49-O-15 Amending the Z-3 and Z-4 Liquor Licenses For Action 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. This ordinance was introduced at the April 13, 2015, City Council meeting. 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 337 of 483 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 338 of 483 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 339 of 483 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 340 of 483 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 341 of 483 For City Council meeting of April 27, 2015 Item A18 Ordinance 38-O-15, Amending 7-2-6(D), Sidewalk Cafes & Wine Shops/Enotecas For Action 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. This ordinance was introduced at the April 13, 2015, City Council meeting. 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 342 of 483 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 343 of 483 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 344 of 483 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 345 of 483 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 346 of 483 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. 347 of 483 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 348 of 483 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 349 of 483 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 350 of 483 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. 351 of 483 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. 352 of 483 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 353 of 483 To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Wally Bobkiewicz, City Manager Jonathan Williams-Kinsel, ICMA Local Fellow Subject: Uniform – Fair Trade Date: April 2, 2015 Summary: During Call of the Wards in 2014, Alderman Wynne requested that staff look into adopting a Sweat-Free purchasing provision in Evanston. According to the Sweat-Free Purchasing Consortium, over 45 cities and 7 states (including the State of Illinois) have adopted some form of sweat-free purchasing legislation. Such legislation typically requires that vendors supplying apparel or textiles submit documentation about wage and labor conditions at each of the facilities producing the goods to be purchased. The City of Chicago adopted such an ordinance in the summer of 2014 which took effect on January 1, 2015. City Uniform Vendors Currently, the City has contracts with five vendors for the purchasing of uniforms and shirts for staff. These vendors do not produce uniforms or apparel as they primarily function as third-party vendors who oversee the order and delivery of uniforms on behalf of their clients. Out of the five vendors, VCG LTD, is the only vendor that has a corporate policy in regards to Human Rights. Uniform Vendors Department Vendor Fire Department Fire – Air One City Manager’s Office / Health Department Evanston Imprintables Police Department VCG Memorandum For City Council meeting of April 27, 2015 Item APW1 Business of the City by Motion: Purchasing Fair Trade Uniform Clothing For Discussion 354 of 483 Public Works Department/Utilities Department Silk Screen Press Inc. Parks, Recreation and Community Services Will Enterprises VCG LTD, Corporate Human Rights Policy VCG LTD, its employees, partners and suppliers must continue to respect, support and promote the human rights outlined in the Universal Declaration of Human Rights. All parties must: • Commit to responsible business practices that do not infringe on human rights including the rightful evaluation of the human rights impacts of activities undertaken by VCG LTD. • Avoid human rights abuses by complying with all applicable laws and regularly assessing human rights risks. • Protect privacy and data security for our customers. • Contribute to local communities by supporting diversity and employee engagement. • Support impactful social and charitable programs. • Communicate and disclose openly with stakeholders on issues that impact human rights. • Work with our suppliers and partners to uphold these same values and practices. o VCG LTD expects all of its suppliers to conduct business ethically and in a manner that values human rights. We will not support sources which contribute to human rights abuses. o VCG LTD will immediately terminate our relationship with any supplier where we have identified that such supplier is sourcing from, or related to, any party that supports illegal groups or contributes to human rights abuses. This policy is included in VCG LTD’s code of employee conduct and requires full compliance. If the City Council desires to pursue the development of an ordinance, additional research and analysis can be provided to identify model ordinances and the impact a sweat-free ordinance may have on current purchasing contracts, processes and procedures. 355 of 483 PLANNING & DEVELOPMENT COMMITTEE MEETING Monday, April 27, 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 HOLMES, CHAIR II. APPROVAL OF REGULAR MEETING MINUTES OF APRIL 13 , 2015 III. ITEMS FOR CONSIDERATION (P1) Ordinance 21-O-15, Zoning Ordinance Text Amendment Regulating Personal Service Establishments The Plan Commission and staff recommend adoption of the Zoning Ordinance 21- O-15 Text Amendment to create a land use definition for a Personal Service Establishment and establish a 500 foot minimum distance separation requirement between them. For Introduction (P2) Ordinance 60-O-15, Amending the Inclusionary Housing Ordinance The Housing and Homelessness Commission and City staff recommend City Council adoption of Ordinance 60-O-15 amending the Inclusionary Housing Ordinance to define all for-sale, rental and condo conversion developments of five or more units as covered developments, increase the percentage of affordable units in developments receiving public funding from 10% to 20%, and increase the fee-in-lieu of affordable units on site from $40,000 to $100,000 per unit. This ordinance was referred to a sub-committee by the Planning and Development Committee on July 28, 2014. For Introduction IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT 356 of 483 Planning & Development Committee Meeting Minutes of April 13, 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 MEMBERS ABSENT: 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 7:20 p.m. II. APPROVAL OF REGULAR MEETING MINUTES OF MARCH 23, 2015 Ald. Grover moved to approve the minutes of the March 23, 2015 meeting, seconded by Ald. Tendam. The Committee voted unanimously 6-0 to approve the March 23, 2015 minutes. 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 Ald. Grover moved to introduce Ordinance 43-O-15, seconded by Ald. Tendam. Chair Fiske called the developer to the podium. John Myefski of Myefski Architects, explained: • The building is 4 stories and fits within the mass of the existing building • The developer had 24 community meetings before meeting with the Plan Commission • 12-13 major changes were made in consideration of the community, such as: o Additional landscaping o Increased setbacks o Preservation of an elm tree on the southeast corner of the site o Large garden in the rear o Garden areas on front sides o 15’ easement with 10’ concrete paved drive to the single family homes DRAFT – NOT APPROVED 357 of 483 Planning & Development Committee Meeting Page 2 of 3 Minutes of April 13, 2015 • Public benefits include: o Working on burying overhead utilities o 1 DIVY bike per unit for 3 years o Replacing the townhouse-owned fence on the west property line o 2 car shares along Central Street o Some free Metra passes o 2 free electric car charging stations in the garage o 5,500 sq. ft. green roof • Planned Development necessary because project is 31,994 sq. ft. • F.A.R is approximately 1.93 where 1.99 is allowed • Parking is below grade • Providing 54 parking spaces; 72 are required • Providing 32 bike spaces; 31 are required • Unit sizes: (11) 1-bedrooms; (28) 2-bedrooms; (8) 3-bedrooms • Front mass has alternating depths with the 4th (top floor) set back • Materials: metal panel, brick and masonry Ald. Tendam said the process has been admirable and he looks forward to it being built. Ald. Grove thanked the developer, said it is a good looking building and complimented them on the process. She said it has been a lesson in how to do it right, how to engage the community and allowing the building to accommodate the neighbors’ concerns. She thanked them for their patience and thanked City staff as well. She said most of the residents’ requests have been achieved. Chair Fiske apologized for neglecting to call Carl Bova to the podium before the developer: Carl Bova of 1322 Rosalie said he lives 1,059’ from the property, and said the existing parking requirements of the City exceed what is needed and asked that City staff update the requirements. Mr. Bova said that at this location, statistics have shown that between 2006 and 2014, Metra and CTA use has been down. He said the 1700 Central building now has full parking facilities and people are trying to park in the neighborhood since Ryan Field does not allow overnight parking, and this project is poised to create the same problem. He believes a minimum of 1.25 parking stalls per unit should be required as the number of 2 and 3 bedroom units will attract residents with more than 1 car. He suggested that they will probably need 65 parking spots. Mr. Bova said that 30% of jobs are accessible to transit, with 70% not accessible. He encouraged the Committee to consider his request to require more parking. The Committee voted unanimously 6-0 to introduce Ordinance 43-O-15. IV. ITEMS FOR DISCUSSION There were no items for discussion. V. COMMUNICATIONS There were no communications. 358 of 483 Planning & Development Committee Meeting Page 3 of 3 Minutes of April 13, 2015 VI. ADJOURNMENT Ald. Grover moved to adjourn, seconded by Ald. Tendam. The Committee voted unanimously 6-0 to adjourn. The meeting was adjourned at 7:35 p.m. Respectfully submitted, Bobbie Newman 359 of 483 For City Council meeting of April 27, 2015 Item P1 Ordinance 21-O-15: Regulating Personal Service Establishments For Introduction 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 Ellen Cholewa, Zoning Intern Subject: Ordinance 21-O-15, Zoning Ordinance Text Amendment Personal Service Establishments 15PLND-0008 Date: April 16, 2015 Recommended Action: The Plan Commission and staff recommend adoption of the Zoning Ordinance Text Amendment Ordinance 21-O-15 to create a land use definition for a Personal Service Establishment and establish a 500 foot minimum distance separation requirement between them. Background Personal Service Establishments are businesses in which a person provides a personal service to or on the body of another individual and include nail salons, hair salons, tanning and beauty salons, beauty parlors etc. They are currently classified under Retail Service Establishment. Nail technicians, stylists, cosmetologists, and estheticians are either employed by the business or are self-employed and rent chairs from state licensed salons or businesses. Most types of Personal Service Establishments are required to obtain a license from the State of Illinois. Over the past several years, the City has experienced an increased number of Personal Service Establishments often in very close proximity to each other. Per an aldermanic reference, staff was asked to propose regulations that would prevent further concentration of such uses, because too many businesses offering similar services results in struggling marginal businesses competing for the same clientele. Furthermore, lack of business variety impairs the economic vitality of the area which further distresses existing personal service establishments. Proposal Overview Staff is proposing a new zoning land use definition for Personal Service Establishment separate from other Retail Service Establishments: Memorandum 360 of 483 Personal Service Establishment – an establishment offering personal non- medical services. Such uses include hair salons, barber shops, beauty shops, and tanning salons. The establishment may include the accessory retail sales of products related to the services provided. Wherever distance separation is used, it shall be measured between the property lines of each establishment. Staff is also proposing a distance separation requirement between new Personal Service Establishments due to the potential negative cumulative effect. Personal Service Establishments located a minimum of 500 feet from an existing Personal Service Establishment would be permitted by right. Establishments located less than 500 feet from an existing Personal Service Establishment would require Special Use approval. The use would be allowed in the same zoning districts where they are currently allowed as a Retail Services Establishment. Existing Proposed Classification Classified as Retail Services Establishment Personal Service Establishment Regulation Allowed as Permitted Use (P) Allowed as Special Use (S) Allowed as Permitted Use (P) with minimum 500 ft. from an existing Personal Service Establishment Allowed as Special Use (S) less than 500 ft. from an existing Personal Service Establishment Zoning Districts B1, B1a, B2, B3, C1, C1a, C2, D1, D2, D3, D4, O1,MXE, RP I1, I2, I3, O1 B1, B1a, B2, B3, C1, C1a, C2, D1, D2, D3, D4, O1,MXE, RP B1, B1a, B2, B3, C1, C1a, C2, D1, D2, D3, D4, O1,MXE, RP, I1, I2, I3, O1 As the City’s typical commercial block length is 500-650 feet, the 500 foot separation would ensure that similar types of businesses are primarily not located on the same block, but could be located on the next block if separated by 500 feet. If the proposed Text Amendment is approved, existing Personal Service Establishments located less than 500 feet from each other will be granted legal nonconforming status and can remain. 361 of 483 Regulations in Other Municipalities Community Classification Regulation Distance Requirement Chicago, IL “Personal Services” include hair salons, barber shops, beauty shops, massage establishments, nail salons, etc. Permitted by-right in C districts. Permitted by-right in B districts if distance separation met. Special Use required when distance separation not met. 1,000 ft. Atlanta, GA “Personal Service Establishments” includes hair salons, barber shops, beauty supply, beauty school and nail salons Permitted by-right in all C districts. Permitted by-right in all MRC (Mixed Residential Commercial) districts if distance separation is met. 500 ft. Boulder, CO “Personal Service” includes barber and beauty shops, shoe repair shops, bicycle repair shops, dry cleaners, laundries, bakeries, travel agencies, newsstands, pharmacies, and the healing arts Permitted by-right in commercial and business districts. Special use is required in residential districts. N/A Oak Park, IL “Commercial Amusement and Personal Service” includes barber or beauty shop, shoe repair, a tailor or dressmaking shop, clothing rental agencies, locksmiths, etc. Permitted by-right in business and commercial districts if distance separation is met. 500 ft. Pasadena, CA “Personal Service” establishment providing non-medical services, such as, barber shops, beauty salons, dry- cleaning pick-up stores, fortunetellers, hair salons, nail salons, tanning salons Permitted by-right in General Commercial and General Industrial districts. Permitted as Conditional Use for establishments over 25,000 sq. ft. N/A Standards of Approval The proposed Zoning Ordinance Text Amendment to establish a definition and zoning regulations for Personal Service Establishments 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. The proposed distance 362 of 483 separation requirement will encourage diversification of commercial businesses throughout the city. The proposed text amendment will not have any adverse effects on the values of the properties in an area. Instead, the proposed text amendment would enhance the vitality of existing and future Personal Service Establishments with an attempt to diversify and strengthen commercial activity throughout the city. Legislative History April 8, 2015 – The Plan Commission unanimously recommended approval of the proposed text amendment with a request for staff to notify all business associations when the case will be presented to Planning and Development Committee. March 18, 2015 – The Zoning Committee of the Plan Commission moved the case to Plan Commission with neither positive nor negative recommendation. The committee recommended minor changes to the definition and instructed staff to explore various modifications to the proposal. Attachments Proposed Ordinance 21-O-15 Plan Commission Meeting Minutes 04/08/2015 - Draft Plan Commission Packet for 04/08/2015 363 of 483 3/12/2015 21-O-15 AN ORDINANCE Amending Portions of the Zoning Ordinance to Create the “Personal Service Establishment” Use WHEREAS, on April 8, 2015, the Plan Commission held a public hearing, pursuant to proper notice, regarding case no. 15PLND-0008 to consider various amendments to the text of Title 6 of the Evanston City Code of 2012, as amended (the “Zoning Ordinance”), relating to the creation of the Use known as “Personal Service Establishment;” 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 April 27, 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-0008 and recommended City Council approval thereof; and WHEREAS, at its meetings of April 27, 2015 and May 11, 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: 364 of 483 21-O-15 ~2~ SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: Section 6-18-3 of the Zoning Ordinance , “Definitions,” is hereby amended to include the following: PERSONAL SERVICE ESTABLISHMENT: An establishment offering personal non- medical services. Such uses include hair salons, barber shops, beauty shops, and tanning salons. The establishment may include the accessory retail sales of products related to the services provided. Wherever distance separation is used, it shall be measured between the property lines of each establishment. SECTION 3: Section 6-18-3 of the Zoning Ordinance, “Definitions,” is hereby amended to modify the following: RETAIL SERVICES ESTABLISHMENT: A building, property, or activity, the principal use or purpose of which is the provision of personal services directly to the consumer. The term "retail services establishment" shall include, but shall not be limited to, barbershops, beauty facilities, laundry and dry cleaning establishments (plant off premises), tailoring shops, shoe repair shops and the like. "Retail services establishment" shall not include: businesses that exchange, loan, rent, manufacture, service, alter, repair, or otherwise transfer for consideration, firearms, handguns, or ammunition; tattoo facilities; or any use that is otherwise listed specifically in a zoning district as a permitted or a special use. SECTION 3: Subsection 6-9-2-3 of the Zoning Ordinance, “Special Uses” in the B1 District, is hereby amended to include “Personal Service Establishment (located less than five hundred feet from another Personal Service Establishment .” 365 of 483 21-O-15 ~3~ SECTION 4: Subsection 6-9-3-3 of the Zoning Ordinance, “Special Uses” in the B2 District, is hereby amended to include “Personal Service Establishment (located less than five hundred feet from another Personal Service Establishment .” SECTION 5: Subsection 6-9-4-3 of the Zoning Ordinance, “Special Uses” in the B3 District, is hereby amended to include “Personal Service Establishment (located less than five hundred feet from another Personal Service Establishment .” SECTION 6: Subsection 6-9-5-3 of the Zoning Ordinance, “Special Uses” in the B1a District, is hereby amended to include “Personal Service Establishment (located less than five hundred feet from another Personal Service Establishment .” SECTION 7: Subsection 6-10-2-3 of the Zoning Ordinance, “Special Uses” in the C1 District, is hereby amended to include “Personal Service Establishment (located less than five hundred feet from another Personal Service Establishment .” SECTION 8: Subsection 6-10-3-3 of the Zoning Ordinance, “Special Uses” in the C1a District, is hereby amended to include “Personal Service Establishment (located less than five hundred feet from another Personal Service Establishment .” SECTION 9: Subsection 6-10-4-3 of the Zoning Ordinance, “Special Uses” in the C2 District, is hereby amended to include “Personal Service Establishment (located less than five hundred feet from another Personal Service Establishment .” SECTION 10: Subsection 6-11-2-3 of the Zoning Ordinance, “Special Uses” in the D1 District, is hereby amended to include “Personal Service 366 of 483 21-O-15 ~4~ Establishment (located less than five hundred feet from another Personal Service Establishment .” SECTION 11: Subsection 6-11-3-4 of the Zoning Ordinance, “Special Uses” in the D2 District, is hereby amended to include “Personal Service Establishment (located less than five hundred feet from another Personal Service Establishment .” SECTION 12: Subsection 6-11-4-3 of the Zoning Ordinance, “Special Uses” in the D3 District, is hereby amended to include “Personal Service Establishment (located less than five hundred feet from another Personal Service Establishment .” SECTION 13: Subsection 6-11-5-3 of the Zoning Ordinance, “Special Uses” in the D4 District, is hereby amended to include “Personal Service Establishment (located less than five hundred feet from another Personal Service Establishment .” SECTION 14: Subsection 6-12-2-3 of the Zoning Ordinance, “Special Uses” in the RP Research Park District, is hereby amended to include “Personal Service Establishment (located less than five hundred feet from another Personal Service Establishment.” SECTION 15: Subsection 6-13-4-3 of the Zoning Ordinance, “Special Uses” in the MXE District, is hereby amended to include “Personal Service Establishment (located less than five hundred feet from another Personal Service Establishment .” 367 of 483 21-O-15 ~5~ SECTION 16: Subsection 6-14-2-3 of the Zoning Ordinance, “Special Uses” in the I1 District, is hereby amended to include “Personal Service Establishment (located less than five hundred feet from another Personal Service Establishment .” SECTION 17: Subsection 6-14-3-3 of the Zoning Ordinance, “Special Uses” in the I2 District, is hereby amended to include “Personal Service Establishment (located less than five hundred feet from another Personal Service Establishment .” SECTION 18: Subsection 6-14-4-3 of the Zoning Ordinance, “Special Uses” in the I3 District, is hereby amended to includ e “Personal Service Establishment (located less than five hundred feet from another Personal Service Establishment .” SECTION 19: Subsection 6-15-2-3 of the Zoning Ordinance, “Special Uses” in the O1 Office District, is hereby amended to include “Personal Service Establishment (located less than five hundred feet from another Personal Service Establishment .” SECTION 20: Subsection 6-9-2-2 of the Zoning Ordinance, “Permitted Uses” in the B1 District, is hereby amended to include “Personal Service Establishment (located more than five hundred feet from another Personal Service Establishment .” SECTION 21: Subsection 6-9-3-2 of the Zoning Ordinance, “Permitted Uses” in the B2 District, is hereby amended to include “Personal Service Establishment (located more than five hundred feet from another Personal Service Establishment .” SECTION 22: Subsection 6-9-4-2 of the Zoning Ordinance, “Permitted Uses” in the B3 District, is hereby amended to include “Personal Service 368 of 483 21-O-15 ~6~ Establishment (located more than five hundred feet from another Personal Service Establishment .” SECTION 23: Subsection 6-9-5-2 of the Zoning Ordinance, “Permitted Uses” in the B1a District, is hereby amended to include “Personal Service Establishment (located more than five hundred feet from another Personal Service Establishment .” SECTION 24: Subsection 6-10-2-2 of the Zoning Ordinance, “Permitted Uses” in the C1 District, is hereby amended to include “Personal Service Establishment (located more than five hundred feet from another Personal Service Establishment .” SECTION 25: Subsection 6-10-3-2 of the Zoning Ordinance, “Permitted Uses” in the C1a District, is hereby amended to include “Personal Service Establishment (located more than five hundred feet from another Personal Service Establishment .” SECTION 26: Subsection 6-10-4-2 of the Zoning Ordinance, “Permitted Uses” in the C2 District, is hereby amended to include “Personal Service Establishment (located more than five hundred feet from another Personal Service Establishment .” SECTION 27: Subsection 6-11-2-2 of the Zoning Ordinance, “Permitted Uses” in the D1 District, is hereby amended to include “Personal Service Establishment (located more than five hundred feet from another Personal Service Establishment .” 369 of 483 21-O-15 ~7~ SECTION 28: Subsection 6-11-3-3 of the Zoning Ordinance, “Permitted Uses” in the D2 District, is hereby amended to include “Personal Service Establishment (located more than five hundred feet from another Personal Service Establishment .” SECTION 29: Subsection 6-11-4-2 of the Zoning Ordinance, “Permitted Uses” in the D3 District, is hereby amended to include “Personal Service Establishment (located more than five hundred feet from another Personal Service Establishment .” SECTION 30: Subsection 6-11-5-2 of the Zoning Ordinance, “Permitted Uses” in the D4 District, is hereby amended to include “Personal Service Establishment (located more than five hundred feet from another Personal Service Establishment .” SECTION 31: Subsection 6-12-2-2 of the Zoning Ordinance, “Permitted Uses” in the RP District, is hereby amended to include “Personal Service Establishment (located more than five hundred feet from another Personal Service Establishment .” SECTION 32: Subsection 6-13-4-2 of the Zoning Ordinance, “Permitted Uses” in the MXE District, is hereby amended to include “Personal Service Establishment (located more than five hundred feet from another Personal Service Establishment .” SECTION 33: Title 6, Chapter 4 of the Evanston City Code of 2012, as amended, is hereby further amended by adding a new Section 9, which shall read as follows: 370 of 483 21-O-15 ~8~ 6-4-9: Special Regulations Pertaining to Personal Service Establishments: (A) Purpose and Applicability: The purpose of this Section 6-4-9 is to ensure new Personal Service Establishments are integrated with surrounding uses and are compatible in character with surrounding neighborhood or area of the zoning district in which they are located. (B) Permitted Uses: Personal Service Establishments allowed as a Permitted Use in any Zoning District must be located a minimum of 500 feet from another existing Personal Service Establishment use. (C) Special Use: The approval for a Personal Service Establishment allowed as a Special Use in any Zoning District and/or located less than 500 feet from any other existing Personal Service Establishment must be granted as a Special Use. (D) Distance Requirement: The distance requirement shall be measured from the nearest property lines of each property the Personal Service Establishment is located on. (E) Certificate of Zoning Compliance: A Certificate of Zoning Compliance is required prior to any Personal Service Establishment use being established. (F) Nonconforming Uses: Any lawfully established use hereinafter defined as Personal Service Establishment by this Zoning Ordinance that is nonconforming with any provision of this Zoning Ordinance pertaining to Personal Service Establishment uses, may continue to operate per Chapter 6 – Nonconforming Uses and Noncomplying Structures of this Zoning Ordinance. SECTION 34: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 35: 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 36: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. 371 of 483 21-O-15 ~9~ SECTION 37: 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 372 of 483 DRAFT Page 1 of 4 Plan Commission Minutes 04/08/2015 MEETING MINUTES PLAN COMMISSION Wednesday, April 8, 2015 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Jim Ford (Chair), Richard Shure, Terri Dubin, Carol Goddard, Lenny Asaro Members Absent: Kwesi Steele, Colby Lewis, Andrew Pigozzi Associate Members Present: Stuart Opdycke Associate Members Absent: Seth Freeman, David Galloway, Scott Peters Staff Present: Damir Latinovic, Interim 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 7:00 P.M. and explained the general meeting procedure, schedule, agenda items, time limits on public testimony and opportunities for cross examination of witnesses. Chairman 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: March 11, 2015 Chairman Ford noted that he recommended liaison members and members to committee as opposed to reappointing members as described in the minutes on Page 5. Commissioner Goddard made a motion to approve the minutes from March 11, 2015 with the corrections. Commissioner Shure seconded the motion. A voice vote was taken and the minutes were approved unanimously. 3. NEW BUSINESS A. ZONING ORDINANCE TEXT AMENDMENT 15PLND-0008 Personal Service Establishments 373 of 483 DRAFT Page 2 of 4 Plan Commission Minutes 04/08/2015 A Zoning Ordinance Text Amendment to City Code Title 6, Zoning, to establish a zoning land use definition and land use regulations for a Personal Service Establishment and to modify existing zoning land use definition for a Retail Services Establishment. Mr. Latinovic presented the staff report. He explained that this proposal was heard at the Zoning Committee on March 18, 2015 and the committee decided to move it to Plan Commission without a positive or negative recommendation. He noted the changes staff made to the proposal and the different options that were considered after the committee meeting. Staff proposes a new definition for Personal Service Establishment and a distance separation of 500 feet between such uses. Staff believes that the proposal satisfies the Standards of Approval and embodies the goals of the Comprehensive Plan. Commissioner Goddard asked if local business groups had been contacted to ascertain whether or not they had compatible interests. Mr. Latinovic stated he could not confirm that as he is unsure if the Economic Development Division contacted business associations, but stated he can discuss with Economic Development Division and make sure business associations are notified when the case is presented to Planning and Development Committee of the City Council. Commissioner Asaro shared the concerns. He stated the majority of special use applications get approved, and therefore, this might be counterproductive. Secondly, businesses such as these might be unfairly burdened financially if they were to mistakenly not renew their business license and be forced to apply for s pecial use under this amendment at some point in the future. Overall, he does not have a problem with this concept, but he does worry about the effect on existing businesses. Chairman Ford opened and closed the hearing for public comment, without any comments received from the public. Chairman Ford shared the concerns of Commissioner Asaro. He posed the question , if a business received a special use within 500 feet of the existing business, would the existing business be considered legal-nonconforming or receive grandfathered status? Commissioner Asaro stated that a client of his was once in a similar situation. He noted that existing business are only affected if they let their license lapse, but now despite their existing business, they are at the back of the line if another similar business wants to locate to that area. Mr. Latinovic noted that Evanston does not require these types of businesses to have business licenses, as they are regulated by the State. Landlords do have the opportunity to lease to similar businesses within a year of an establishment closing without requiring a special use. Any existing Personal Service Establishment will be able to remain. He also said that this is a new idea, and not all special uses will necessarily be approved. The ZBA and City Council will evaluate the standards for approval of the proposed Special Use. 374 of 483 DRAFT Page 3 of 4 Plan Commission Minutes 04/08/2015 Commissioner Shure asked if this request came from the 8th Ward, and Mr. Latinovic explained that multiple alderman referenced the need for this type of an amendment. Commissioner Asaro understood the rationale behind the amendment to generate a mix of business use. He wondered if a more direct approach, like utilizing the TIF, would be more appropriate in areas such as Howard Street. Commissioner Shure surmised that they might be overthinking this and that this may not be the proper way to address the issue. He suggested permitting Personal Service Establishments on the second floor and requiring special use on the first floor. He would also be in favor of allowing all ground floor uses as a Special Use only. Commissioner Dubin stated that she thought salons generate foot traffic for other retail establishments and therefore, does not like only permitting these uses on the second floor. She thought the biggest deterrent to shoppers and foot traffic was the two hour parking limit. Mr. Latinovic clarified that staff agrees that salons and other personal service establishment can contribute to foot traffic, but having too many of them in close proximity to each other could deter other retail business from locating to that area which in essence eliminates spaces for customers to walk to. He also said that requiring special use for all ground floor uses in business districts would be burdensome. Commissioner Goddard stated that she was uncomfortable recommending anything without consulting local business groups. Mr. Latinovic assured that he would make sure the business group associations were informed about the matter when it comes in front of the Planning and Development Committee regardless of whatever the Commission recommends this evening. Commissioner Asaro recommended that property owners be consulted as well as business owners. Chairman Ford wanted to confirm that existing businesses would be protected, to which Mr. Treto confirmed as nonconforming uses. Commissioner Asaro made a motion to recommend approval of the text amendment with the condition that business associations are properly notified of this case moving forward. Commissioner Goddard seconded the motion. A roll call vote was taken and the motion was approved unanimously. Ayes: Commissioners, Shure, Dubin, Goddard, Asaro and Chairman Ford. Nays: none … 375 of 483 DRAFT Page 4 of 4 Plan Commission Minutes 04/08/2015 6. ADJOURNMENT There being no further discussion, Commissioner Asaro made a motion to adjourn the meeting. Commissioner Goddard seconded the motion. A voice vote was taken and the motion was approved by voice call 5-0. The meeting was adjourned at 8:05 pm. Respectfully Submitted, Damir Latinovic Interim Planning and Zoning Administrator Community Development Department 376 of 483 1 | P a g e To: Zoning Committee of the Plan Commission From: Mark Muenzer, Director of Community Development Damir Latinovic, Interim Planning and Zoning Administrator Ellen Cholewa, Zoning Intern Subject: Zoning Ordinance Text Amendment Establishment of definition and land use regulations for Personal Service Establishments 15PLND-0008 Date: April 3, 2015 Request Staff recommends amending the Zoning Ordinance to create a land use definition for a Personal Service Establishment and establish a 500 foot minimum distance separation requirement between them. Notice The Application has been filed in conformance with applicable procedural and public notice requirements. Analysis History March 18, 2015 - The Zoning Committee of the Plan Commission recommended moving the case to the Plan Commission with neither a positive nor negative recommendation. Minor changes to the proposed definition were suggested by the Committee. Staff was instructed to explore modifications to the proposal that would include different categories (types) of Personal Service Establishments and a distance separation for the same categories (i.e. nail salon from nail salon), but allow different categories to locate by right within 1,000 feet of each other (i.e. nail salon from hair salon). In general, the Committee felt the proposed text amendment may be beneficial along Howard Street, but overall, they were not in favor of the proposal. The Committee’s concerns included using zoning to address economic issues, disagreement on the presence of negative effects of concentration of personal service establishments, and encumbering potential new businesses. Memorandum 377 of 483 2 | P a g e In wake of the Zoning Committee’s discussion, the proposed definitions were modified to accommodate the Committee’s suggestions. Staff also investigated: 1. The possibility of requiring personal service establishments of similar natures to adhere to a distance separation, but allowing dissimilar personal service establishments to locate within 1,000 feet by right, and 2. Imposing a size restriction that would require a distance separation for establishments smaller than a certain square footage. Based on our research, staff has modified the original proposal to a 500 foot separation requirement instead of 1,000 feet. Staff believes that a 500-foot separation requirement would be a more appropriate distance for a city of Evanston’s size. Based on the attached maps depicting existing personal service establishments, 500 feet will adequately address the need for separation of personal service establishments throughout the City. Additionally, with the 1000-foot separation requirement in the City of Chicago (south side of Howard Street), the proposal will provide more consistent regulations for Personal Service Establishments on both sides of Howard Street. Staff believes separating different personal establishments into various categories and requiring only different types of personal service establishment to abide by a distance separation requirement is not consistent with the intent of the proposed text amendment. Attached maps demonstrate a need for a distance separation requirement for all types of personal service establishments. Concerns were also raised that the imposition of a separation requirement based on size, because of the negative effects of concentration and proliferation of similar uses in one area is not related to the size of a particular establishment. Background Personal Service Establishments are businesses in which a person provides a personal service to or on the body of another individual. Personal Service Establishments can therefore encompass a broad range of businesses which include, but are not limited to, nail salons, hair salons, tanning and beauty salons and beauty parlors. Nail technicians, stylists, cosmetologists, and estheticians are either employed by the business or are self-employed and rent chairs from state licensed salons or businesses. Most types of Personal Service Establishments are required to obtain a license from the State of Illinois. The location of multiple Personal Service Establishments such as hair and nail salons in close proximity to each other is problematic for multiple reasons. A concentration of similar uses in one area could impair the economic vitality of that area. Too many businesses offering similar services could result in a weak and potentially detrimental economic environment. A mix of businesses provides retail stability, generates revenue and strengthens the economic environment for all businesses. Furthermore, Personal Service Establishments offer specific services to specific clientele much like medical, dental, or financial offices. A majority of their business is made by appointment. As a result, Personal Service Establishments do not typically promote retail experience in an area as majority of their clients did not come to peruse other retailers and businesses and they tend to leave after their appointment is done. 378 of 483 3 | P a g e The Personal Service Establishments can also suffer from similar competing businesses if they are located in close proximity to each other. Too many businesses in a single market will lead to struggling, marginal businesses with little retail variety an d potential for success. While Personal Service Establishments can often open up without the need for major renovations to the commercial space, which is an incentive to the landlords, a commercial area must offer a variety of services to remain vital and for the survival of existing businesses. Proposal Overview Staff is proposing a new zoning land use definition for Personal Service Establishment separate from other Retail Service Establishments to allow for specific regulations pertinent to this use. Staff is proposing the following new land use definition: Personal Service Establishment – an establishment offering personal non- medical services. Such uses include hair salons, barber shops, beauty shops, and tanning salons. The establishment may include the accessory retail sales of products related to the services provided. Wherever distance separation is used, it shall be measured between the property lines of each establishment. The implementation of a definition for Personal Service Establishment would require the modification of the existing definition for Retail Services Establishment where such uses are currently classified. Staff is proposing the following modification: Retail Services Establishment - A building, property, or activity, the principal use or purpose of which is the provision of personal services directly to the consumer. The term "retail services establishment" shall include, but shall not be limited to, barbershops, beauty facilities, laundry and dry cleaning establishments (plant off premises), tailoring shops, shoe repair shops and the like. "Retail services establishment" shall not include: businesses that exchange, loan, rent, manufacture, service, alter, repair, or otherwise transfer for consideration, firearms, handguns, or ammunition; tattoo facilities; or any use that is otherwise listed specifically in a zoning district as a permitted or a special use. (Ord. 126-0- 08) Staff is also proposing a distance separation requirement between new Personal Service Establishments due to the potential negative cumulative effect. Personal Service Establishments located a minimum of 500 feet from an existing Personal Service Establishment would be permitted by right as a Permitted Use. Establishments located less than 500 feet from an existing Personal Service Establishment would require Special Use approval. The use would be allowed in the same zoning districts where they are currently allowed as a Retail Services Establishment. As the City’s typical commercial block length is 500-650 feet, the 500 foot separation would ensure that similar types of businesses are not located on the same block, but could be located on the next block if separated by 500 feet. (Example Maps attached) 379 of 483 4 | P a g e The proposed land use regulations are summarized in the table below: Existing Proposed Classification Classified as Retail Services Establishment Personal Service Establishment – an establishment offering personal non-medical services. Such uses include hair salons, barber shops, beauty shops, and tanning salons. The establishment may include the accessory retail sales of products related to the services provided. Wherever distance separation is used, it shall be measured between the property lines of each establishment. Regulation Allowed as Permitted Use (P) Allowed as Special Use (S) Allowed as Permitted Use (P) with minimum 500 ft. from an existing Personal Service Establishment Allowed as Special Use (S) less than 500 ft. from an existing Personal Service Establishment Zoning Districts B1, B1a, B2, B3, C1, C1a, C2, D1, D2, D3, D4, O1,MXE, RP I2, I3, O1 B1, B1a, B2, B3, C1, C1a, C2, D1, D2, D3, D4, O1,MXE, RP B1, B1a, B2, B3, C1, C1a, C2, D1, D2, D3, D4, O1,MXE, RP, I1, I2, I3, O1 Personal Service Establishments proposed less than 500 feet from an existing Personal Service Establishment would be required to go through the Special Use approval process. This allows the City to examine site and business specific conditions and conformance with the Standards for Special Use to ensure Personal Service Establishments will not have negative cumulative effect on the area. Regulations in Other Municipalities Staff has researched zoning regulations for personal service establishments in similar surrounding communities and comparable communities around the country. The comparison between the communities is summarized in the table below. 380 of 483 5 | P a g e Community Classification Regulation Chicago, IL “Personal Services” include hair salons, barber shops, beauty shops, massage establishments, nail salons, etc. Permitted by-right in C districts. Permitted by- right in B districts if distance separation met, Special Use required when distance separation not met. 1,000 ft. Cambridge, MA “Retail Business and Consumer Service Establishments” includes barber shop, beauty shop, laundry and dry cleaning pickup agency, shoe repair, self- service laundry Permitted by-right in business and industrial districts. N/A Boulder, CO “Personal Service” includes barber and beauty shops, shoe repair shops, bicycle repair shops, dry cleaners, laundries, bakeries, travel agencies, newsstands, pharmacies, and the healing arts Allowed by right in commercial and business districts. Special use is required in residential districts. N/A Oak Park, IL “Commercial Amusement and Personal Service” includes barber or beauty shop, shoe repair, a tailor or dressmaking shop, clothing rental agencies, locksmiths, etc. Permitted provided that a distance separation is maintained in business and commercial districts. 500 ft. Pasadena, CA “Personal Service” establishment providing non- medical services, such as, barber Permitted in General Commercial and General Industrial districts, but not in Commercial Office district (low intensity Conditional (Special) Use permit required for establishments over 25,000 sq. ft. 381 of 483 6 | P a g e shops, beauty salons, dry- cleaning pick-up stores, fortunetellers, hair salons, nail salons, tanning salons fringe commercial/office district of residential scale) Nonconforming Uses If the proposed Text Amendment is approved, Personal Service Establishments that currently exist and are located less than 500 feet from other Personal Care Establishments will be granted legal nonconforming status. The uses will be allowed to continue or be replaced by a business of the same type(s) at the same location so long as each legally nonconforming use is not terminated for a period of more than twelve consecutive months. The aforementioned uses may continue to operate pursuant to the provisions of Chapter 6 of the Zoning Ordinance as limited by Subsection 6-15-17-5-(B). Standards of Approval The proposed Zoning Ordinance Text Amendment to establish a definition and zoning regulations for Personal Service Establishments 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. The proposal is also consistent with the objective to promote activities that help strengthen communities and improve neighborhood quality of life. The proposed distance separation requirement will encourage diversification of commercial businesses throughout the city. The proposed regulations will not prohibit new businesses from establishing, but will instead provide a way for the City to ensure the economic vitality of existing businesses districts and encourage new development by addressing the issue of negative cumulative effect of Personal Service Establishments. Existing Personal Service Establishments will not need to compete in an oversaturated market while existing businesses will benefit from a potential increase in foot traffic. A city-wide distance separation requirement would enhance the business market for personal service uses and promote economic stability throughout the city. The proposed text amendment will not have any adverse effects on the values of the properties in the area. Instead, the proposed text amendment would enhance the vitality of existing and future Personal Service Establishments with an attempt to diversify and strengthen commercial areas throughout the city. Recommendation Staff believes the proposed text amendment to create a land use definition for Personal Service Establishments separate from other Retail Services Establishments and establish a 500 foot distance separation requirement between such uses meets the standards of approval as outlined above. Staff recommends the Plan Commission make 382 of 483 7 | P a g e a positive recommendation to the Plan Commission regarding for the proposed text amendment. Attachments Draft Ordinance 21-O-15 Commercial Block Maps Existing Personal Service Establishments Maps Zoning Committee Meeting 03/18/2015 Minutes - DRAFT 383 of 483 Lincoln St Ridge AveD e m p s t e r S t Forest AveCentral St Davis St Isabella St Grant St Oakton St Simpson St Emerson St Noyes St G r e e n B a y R d C h u r c h St Main St Howard St Elgin R d South BlvdMcCormickBlvdMcDanielAveIsabella St N o y e s St Central St McCormick BlvdDodge AveChicagoAveChicagoAveRidge AveSheridan RdAsburyAveCentralParkAveCrawford AveSheridanRdMcDanielAve0 1,300 2,600650Feet ¯ Type Barber Esthetician Hair Hair and Nail Nail Spa Existing Personal Service Establishments384 of 483 LUNT CURREY HOBART RAYMOND INGRAHAM ALEXANDER FIREMAN'S PHILBRICK HARPER GARDENS CONGREGATIONAL FOUNTAINSQUARE MERRICKROSEGARDEN OLDBERG 462 ft. 391 ft. 515 ft. 560 ft. 417 ft. 542 ft.621 ft.565 ft.489 ft.480 ft.R1 U3 T1 T2 R3 OS OS R5 OS B1 U1a R4a T1 R6 R6B1C1 RP U1D4C2 D2 OS D3 R6 R4 R4 R6 R1D2D4 D4 D4 D1OS R5 D1 OS OS R3 R5 R6 R5 R3 OS B2 B1R3R1 C2 R5 R5 O1 R4 R4a R5 R1 R4 R5 WE1 C2 D3 D2 D2 R4 O1 Elmwood AveSherman Ave ElginRd Clark St Judson AveForest AveRidge AveDavis St Asbury AveS im pso n St Grove St Lake St Emerson St Maple AveUniversity Pl Church St G re e n B a y R d Lyons St Simpson St Hamlin St Garrett Pl Garnett Pl OakAveWesleyAveSimpsonSt ShermanPl Leon Pl Library Pl Pratt CtHinman AveRidge AveMaple AveSherman AveChicago AveSheridanR d E a st R ailr o a d A v e 0 375 750187.5 Feet ¯Block DimensionsDowntown385 of 483 GREY KELLY BAKER EIDEN TRAHAN SNYDER MORRIS CURREY MEGOWAN SARGENT LARIMER ST. PAUL KAMENEAST RIDGEVILLE REBAPLACE FITZSIMONS PLAYLOT HINMANAVENUE STOCKHAM PLACE 632 ft 632 ft. 673 ft. 632 ft. 645 ft. 972 ft 743 ft. 738 ft. OS R1 R3 R5 C2 R5 R3 OS B2 B1 R3 R1 R3 OS C1 R5 R5 C2 MUE R5 OS B2 R5 OS B1 B2 OS B1 R6 C1a R4 C2OS R1 R2 R1 R5R2 MXE R5 OS R3 OS R5 OSOS OSMXE R5 R4 B1 R1 Maple AveOakton St Main St Lee St Madison St Monroe St Dempster St Washington St Seward St ClevelandSt South Blvd Keeney St Kedzie StJudson AveSeward St Reba Pl Michigan AveOak AveHinman AveElmwood AveSherman AveCallan AveForest AveMichigan AveSheridanRdSheridan RdForest AveOakAve0 375 750187.5 Feet ¯Block DimensionsChicago Ave Dempster St - South Blvd.386 of 483 R1 U3 T1 T2 R5 OS B1 U1a R4a T1 R6 R6 B1 C1 RP U1D4C2 D2 OS OS D3 R6R4 R4 R6 R1 R3 OS D2 D4 D4 D4 D1OS R5 D1 OS B1 OS R3 R5 C2 R6 R5 R3 OS B2 B1R3R1 R3 OS C1 R5 R5 R3 B1 C2 B1B1 MUE R5 OS OS R2 B2 R5 OS B1 B2 R4 OS B1 R6 OS C1a R4 C2 OS R1 R2 R1 R5R2MXER5 OS R3 OS R5OSOSOSOSMXE R5 R4B1B2R1 C2 R5 R5 O1 R4 R4a R4 WE1 R1 WE1 R4 R5 WE1 R4 R2 C2 D3 D2 D2 I2 WE1 R4 R4 O1 Forest AveChicagoAveDavis St G r e e n B a y R d Burnham Pl Sheridan RdEmerson St Main St SheridanRd Dem p ste r St South Blvd Church St Ridge AveRidge AveForestPl0 620 1,240310Feet ¯ Type Barber Esthetician Hair Hair and Nail Nail Spa 500' buffer 1000' buffer Existing Personal Service EstablishmentsDowntown - Chicago Ave 250' buffer 387 of 483 ELKS LEIDER BRUMMEL MEGOWAN SARGENT KAMENWEST KAMENEAST RIDGEVILLE REBAPLACE CLYDE-BRUMMEL ELKSMEMORIAL PLAYLOT HINMANAVENUE DOBSON-BRUMMEL MULFORD-CALLAN 1,430 ft 459 ft 646 ft 331 ft 279 ft331 ftAsbury AveR1 R3 C1a R1 R5 R2 MXER5 OS R3 OS OS OSMXE R5 R4 B1B2 R3 R1 R4R5 R2R4R2 I2C1 R5 OSOS B2 B3C1ChicagoAveSouth Blvd Ridge AveHoward St Judson AveElmwood AveAustin St Dobson St Mulford St Hull Ter Harvard Ter ElmwoodAveSherman AveKirkSt South Blvd Cleveland St Keeney StSeward St Barton AveHull Ter Case Pl Brummel St Austin St Case St Clyde AveCuster AveCuster AveSherman AveCallan AveBarton Ave0 375 750187.5 Feet ¯Block DimensionsHoward Street - Asbury Ave to Chicago Ave.388 of 483 R1R3 R2 C1a R1 R5 R2 MXER5 OS R3 OS R5OSOSOSMXE R5 R4 B1B2 R3R1 R4R5 R2 R4 R2 OS I2 C1 R5 OS OSOS B2 B3C1R5 Chicago AveRidge AveOakton St Howard StAsbury AveSouth Blvd Sheridan Rd0 510 1,020255Feet ¯ Type Barber Esthetician Hair Hair and Nail Nail Spa 500' buffer 1000' buffer Existing Personal Service EstablishmentsHoward Street - East 250' buffer 389 of 483 R1 R1 OS R3 R1 T1 U2 R1OS OS R4OS R3 B1a O1OS B1a R5R4 O1 OS OS R1R5 B1a R1 R3 R3 R4OS OS R4 OS R3 R3MXER4 R3 B1 OS C1 B1B1 OSOS R4 B2 R3 OS R3 R4 B1 R5 R4 R4 C2 B1a OS R2 R4 WE1 R1 MXE B2 WE1 R4 R5 WE1 R4 R2 B2 C2 I2 WE1 R4 O1 Central St Simpson St Isabella StIsabella St Grant St Emerson St Church St G r e e n B a y R d Elgin R d McCormickBlvdMcDanielAveAsbury AveLincoln St Noyes St Dodge AveCentralParkAveMcDaniel Ave0 750 1,500375Feet ¯ Type Barber Esthetician Hair Hair and Nail Nail Spa 500' buffer 1000' buffer Existing Personal Service EstablishmentsCentral Street 250' buffer 390 of 483 For City Council meeting of April 27, 2015 Item P2 Ordinance 60-O-15: Amendments to Inclusionary Housing Ordinance For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Sarah Flax, Housing and Grants Administrator Mary Ellen Poole, Housing Planner Subject: Ordinance 60-O-15, Amendments to the Inclusionary Housing Ordinance Date: April 14, 2015 Recommended Action The Housing and Homelessness Commission and City staff recommend City Council adoption of Ordinance 60-O-15 amending the Inclusionary Housing Ordinance to define all for-sale, rental and condo conversion developments of five or more units as covered developments, increase the percentage of affordable units in developments receiving public funding from 10% to 20%, and increase the fee-in-lieu of affordable units on site from $40,000 to $100,000 per unit. Developer benefits are maintained and expanded for projects with affordable units on-site, including an expedited review process, deferral of payment of building permit fees for market rate units until the first certificate of occupancy is issued, and a waiver of building permit fees for affordable units. This ordinance was referred to a sub-committee by the Planning and Development Committee on July 28, 2014. Summary The recommended revision will strengthen the existing ordinance and expand its capacity to address the City Council goal of making Evanston the most livable city for all its residents. The amended ordinance will support the workforce needs of Evanston employers by expanding the number of housing units that are affordable to residents at all income levels, enabling them to both work and live in Evanston, and help the City address the housing needs of at-risk families. Since its approval in 2007, the Inclusionary Housing Ordinance has not resulted in the development of any affordable housing units or contribution of fees-in-lieu to the Affordable Housing Fund. Recommended effective date is September 1, 2015. Background The recent actions taken by City Council in the approval of planned developments at 1620 Central and 1571 Maple to include affordable housing units reinforces the importance of a transparent and consistent approach to inclusionary housing. The need for additional affordable housing has been identified by the Mayor’s Task Force on Memorandum 391 of 483 Homelessness and the Evanston Affordable Housing Task Force reports, as well as in the 2015-2019 Consolidated Plan adopted by the City Council on February 24, 2015. Increasing the supply of affordable housing is an integral component to addressing the City Council goal of serving Evanston’s at-risk families, as sustainable housing is the first step in achieving household stability and critical to maintaining and improving worker productivity, educational outcomes for children and work-life balance. In March of 2014, Evanston became the second city in the nation to be awarded a 4-STAR community rating for national excellence in sustainability. The creation and preservation of affordable housing helped the city achieve substantial points in the “Built Environment” category. According to the most current data from the U.S. Census Bureau, 28% of Evanston renter households and 10.2% of homeowner households are severely housing cost burdened. This means they spend more than 50% of their gross income on housing; households spending more than 30% of their income on housing are considered cost burdened and may have difficulty affording necessities including food, clothing, transportation and medical care. In 2004, 25.9% of the all rental and ownership units in Evanston were affordable, per the Illinois Affordable Housing and Planning and Appeal Act (Public Act 93-595, as amended by Public Act 93-678). A 2013 update to this report, shows that this figure declined to 15.4%, a reduction of over 40%. The City’s Analysis of Impediments to Fair Housing Choice (AI) highlights the impact of high housing costs on workers earning the minimum wage of $8.25/hour: “In order to afford the fair market rate for a two-bedroom apartment, a minimum-wage earner must work 90 hours per week, 52 weeks per year. The National Low Income Housing Coalition estimates that 56% of Cook County renters are currently unable to afford the two-bedroom fair market rate for rental.” The current Inclusionary Housing Ordinance covers only planned developments of for- sale housing with 25 or more units. Covered developments must sell 10% of the units to households whose incomes do not exceed 100% of the area median income (AMI) at affordable prices; 25% of those units must be affordable to households whose incomes do not exceed 80% AMI. The qualifying income for a family of four to qualify for purchase at 100% and 80% of AMI is $76,000 and $60,800, respectively. Affordable units must remain affordable in perpetuity or as long as legally possible. Developers may pay a $40,000 fee-in-lieu per unit in place of units on site. All units developed must be substantially the same as the market rate units in terms of size, interior and exterior finishes and energy efficiencies. Proposed amendments to the ordinance include: • Expanding the definition of covered developments to those with 5 or more units • Including new rental construction and condo conversions in addition to new for- sale construction • Increasing the percentage of affordable units to 20% of total units for projects receiving public funds • Pricing leases for half of affordable rental units for households at 60% AMI, and half for households at 30% AMI. Currently the income for a household of four could not exceed $45,600 and $24,250 respectively to qualify for the rental units. • Maintaining affordability of rental units for twenty-five years. 392 of 483 • Increasing the fee-in-lieu from $40,000 to $100,000 per unit for all covered developments • Using the property standards code to establish the minimum square footage for affordable units based on unit type Households applying to rent affordable units would be subject to the same screening and selection process that are established by the property owner for market rate units. The following benefits would continue under the revised Inclusionary Housing Ordinance: • Expedited application process • Deferral of payment of building and plan review fees related to the non-affordable dwelling units until receipt of the temporary certificate of occupancy • Waiver of building permit and plan review fees related specifically to the affordable units Developers may propose an alternative equivalent action or request a reduction in requirements. Any alternatives or reductions will be considered on a case-by-case basis by City Council. Legislative History Inclusionary Housing Ordinance 32-O-07 was approved on March 26, 2007 Amendments to the Inclusionary Housing Ordinance 78-O-14 was presented on July 28, 2014 Attachments • Inclusionary Housing Ordinance 60-O-15 • Summary of Chicago, Highland Park and Evanston Inclusionary Housing Ordinances and proposed amendments to Evanston ordinance • Income and Housing Cost Table 393 of 483 4/21/2015 60-O-15 AN ORDINANCE Amending Portions of City Code Title 5, Chapter 7 to Expand the Application of the Inclusionary Housing Ordinance NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS THAT: SECTION 1: Legislative Statement. At the time of the passage of this ordinance, the City of Evanston observed a noticeable decline in the diversity of the City’s housing stock as a result of increasing property values and housing costs, and a reduction in the availability of affordable housing. With the exception of housing subsidized by the City or other affordable housing providers, privately developed new residential housing that is being built in the City is generally not affordable to low and moderate income households. The City determined that, without intervention, the trend toward increasing housing prices would result in an inadequate supply of affordable housing for City residents and local employees, which would have a negative impact on the sustainability of the City, including employers’ abilities to maintain a local workforce, and would otherwise be detrimental to the public health, safety and welfare of the City and its residents. The City has an existing inclusionary housing ordinance within the City Code of 2012, as amended (herein the “City Code”). Adding additional restrictions will bring more developments within the purview of this affordable housing ordinance and will better address the housing development issue at hand. 394 of 483 60-O-15 ~2~ The court in Southwestern Ill. Dev. Auth. v. National City Environmental found “that a lack of decent housing contributes to urban blight, crime, anti-social behavior, disease, a higher need for public assistance, reduced tax revenues, and the migration of workers and their families away from areas which fail to offer adequate, decent, affordable housing”. 199 Ill.2d 225 at 261 (2002). There is a compelling and legitimate public interest in requiring residential developments or developments which contain a residential component to include a certain percentage of dwelling units in a proposed development to be priced affordably for low and moderate income households or to make a payment in accordance to the terms of this Chapter. The requirements provided in the ordinance will allow the City to maintain a diverse population, provide affordable housing for those who work or live in the City, and will promote the public health, safety, and welfare of the residents of the City of Evanston. SECTION 2: Title 5, Chapter 7, “Inclusionary Housing,” of the City Code is hereby further amended to read as follows: 5-7-1. TITLE. This chapter shall be titled and referred to as the INCLUSIONARY HOUSING ORDINANCE. 5-7-2. PURPOSE AND INTENT. The purpose of this Chapter is to promote the public health, safety, and welfare of the residents of Evanston by requiring residential developments or developments which contain a residential component to include a certain percentage of dwelling units in a proposed development to be priced affordably for low and moderate income households or to make a payment in accordance with the terms of this Chapter. Based upon the review and consideration of reports and analyses of the housing situation in the City, it is apparent that the diversity of the City's housing stock has declined as a result of increasing property values and housing costs, and a reduction in the availability of affordable housing; and that, with the exception of housing subsidized by the City, the privately developed new residential housing that is being built in the City generally is not affordable to low and moderate income households. The City 395 of 483 60-O-15 ~3~ recognizes the need to provide affordable owner occupied and rental housing to low and middle-income households in order to maintain a diverse population, and to provide owner occupied and rental housing for those who live or work in the City. Without intervention, the trend toward increasing housing prices and rental rates will result in an inadequate supply of owner occupied and rental affordable housing units for City residents and local employees, which will have a negative impact upon the ability of local employers to maintain an adequate local work force, and will otherwise be detrimental to the public health, safety, and welfare of the City and its residents. Since the remaining land appropriate for new residential development within the City is limited, it is essential that a reasonable proportion of such land be developed into owner occupied dwelling units and rental units that are affordable to low and moderate income households and working families. 5-7-3. DEFINITIONS. For the purposes of administering this Chapter, these definitions shall apply: AFFORDABILITY PERIOD, OWNER OCCUPIED. The time during which the affordability restrictions imposed by this Chapter shall apply to owner occupied affordable dwelling units. Owner occupied affordable dwelling units covered by this Chapter shall remain affordable in perpetuity or as long as allowable by law. The affordability period begins at the time of first occupancy of the affected unit. AFFORDABILITY PERIOD, RENTAL. The time during which the affordability restrictions imposed by this Chapter shall apply to leased affordable dwelling units. Leased affordable dwelling units covered by this Chapter shall remain affordable for a period of twenty-five (25) years, after which the requirements of this Chapter cease to be controlling. The affordability period begins at the time of first occupancy of the affected Affordable Dwelling Unit. AFFORDABLE DWELLING UNIT. All owner occupied or leased dwelling units in a covered development that are not affordable dwelling units as defined herein. AFFORDABLE HOUSING AGREEMENT. The document signed by the purchaser or lessee of an affordable dwelling unit at the time of sale or lease, along with such other legal documents as may be required, detailing the affordability requirements of the affordable dwelling unit. 396 of 483 60-O-15 ~4~ AFFORDABLE HOUSING, OWNER OCCUPIED. Decent, safe, sanitary housing that is: a) affordable to "relevant households that meet AMI parameters" as set forth in this chapter defined herein; and b) to be sold only to "qualified households" as defined herein. The cost of the mortgage payment and relevant expenses (a calculation of property taxes, homeowner's insurance, and, when applicable, condominium or homeowner association fees) of owner occupied dwelling units shall not exceed thirty three percent (33%) of the relevant household's gross annual household income (the total income of all adults over eighteen (18) years of age in the household). AFFORDABLE HOUSING, RENTAL. Decent, safe, sanitary housing that is: a) affordable to households with AMI parameters set forth in this chapter; and b) to be leased only to "qualified households" as defined herein. APPLICANT. Any developer who applies to the department to receive approval of a covered development pursuant to this Chapter. AREA MEDIAN INCOME (AMI). The median income level for the Chicago primary metropolitan statistical area, as established and defined in the annual schedule published by the secretary of the United States Department of Housing and Urban Development and adjusted for household size. CERTIFICATE OF QUALIFICATION. A certificate issued by the department establishing a qualified household's eligibility to purchase or lease an affordable dwelling unit. Certificates of qualification shall be valid for twelve (12) six (6) months. COMMUNITY LAND TRUST. A private, not for profit corporation which the city may create or authorize organized exclusively for charitable, cultural, or other purposes to acquire and own land for the benefit of the city and low to middle income persons, including the creation and preservation of affordable housing. CONSUMER PRICE INDEX. Consumer price index for all urban consumers as published annually by the United States department of labor, bureau of labor statistics. 397 of 483 60-O-15 ~5~ COVERED DEVELOPMENT. A development containing twenty five (25 5) or more owner occupied dwelling units, subject to the planned development requirements of title 6, chapter 3 of this code, on contiguous land under common ownership or control by an applicant at one location within the city, when such dwelling units are to be sold or leased to owner-occupants or tenants. The term “covered development” and the regulations contained in this chapter shall not apply to a development that is designed to provide affordable dwelling units. The term "covered development" includes, without limitation, the following: (A) A development that is new residential construction or new mixed use construction with a residential component. (B) A development that is the renovation, repurposing or reconstruction of an existing multiple-family residential structure that changes the use from rental to owner occupied units or vice versa. increases the number of residential units from the number of units in the original structure. (C) A development that will change the use of an existing building from nonresidential to residential. (D) A development built in phases. DEPARTMENT. The Evanston cCommunity dDevelopment dDepartment or any successor agency, unless otherwise indicated. DEVELOPER. Any person, firm, corporation, partnership, limited liability company, association, joint venture, or any entity or combination of entities that develops dwelling units, but does not include any governmental entity. DIRECTOR. The director of the City of Evanston cCommunity dDevelopment department or his/her designee. HOUSING PROVIDER. A nonprofit entity designated by the city to own affordable dwelling units. INCLUSIONARY HOUSING PLAN. The plan submitted as part of a planned development application which details the development's compliance with the affordable housing requirements of this chapter. LOW INCOME HOUSEHOLD. A household with a total income equal to or below eighty percent (80%) of the AMI. 398 of 483 60-O-15 ~6~ MARKET RATE DWELLING UNITS. All owner occupied or rental dwelling units in a covered development that are not affordable dwelling units as defined herein. MODERATE MIDDLE INCOME HOUSEHOLD. A household with a total income between eighty percent (80%) and one hundred percent (100%) of the AMI. PROPERTY, RECEIVING PUBLIC FUNDING Any residential development or development containing a residential component, existing or new, that receives or has received any public funds. Public funding is any grant, loan, or subsidy from any Federal, State or local agency or instrumentality, including, but not limited to, the disposition of real property for less than market value, purchase money financing, construction financing, permanent financing, the utilization of bond proceeds and allocations of low income housing tax credits. Public funding shall not include the receipt of rent subsidies pursuant to Section 8 of the United States Housing Act of 1937, as amended, or an exemption or abatement of real property taxes or other such other programs of full or partial exemption from or abatement of real property taxation. PROPERTY, PRIVATELY FUNDED. Any residential development or development containing a residential component, current or new, that does not and has not received any public funds. QUALIFIED HOUSEHOLD. A household whose income that the department has been verified as meeting the AMI parameters meets the definition of a relevant for a household as defined detailed herein in this Chapter and has received a certificate of qualification from the developer department per section 5-7-6 of this chapter. RELEVANT HOUSEHOLD. A household whose total income does not exceed one hundred percent (100%) of the AMI. 5-7-4. REQUIREMENTS. (A) General Requirement: For privately funded developments, ten percent (10%) of the total number of owner occupied dwelling units in a covered development shall be affordable dwelling units. For properties receiving 399 of 483 60-O-15 ~7~ City public funds, twenty percent (20%) of the total number of dwelling units in a covered development shall be affordable dwelling units. (B) Calculation: To calculate the number of affordable dwelling units required in a covered development, the total number of proposed owner occupied dwelling units shall be multiplied by ten or twenty percent (10% / 20%), with all fractions rounded up to the nearest whole number. When a requirement of this Ordinance results in a fraction, the following rules apply: a) Fractions of one-half and more are counted as a whole. b) Fractions less than one-half are disregarded. c) The above two rules are also applied in the computation of numbers of dwelling units. 5-7-5. COMPLIANCE PROCEDURES. (A) Application. The applicant for approval of a covered development shall file an application for approval of the affordable dwelling unit component of a planned the development on a form provided by the Community Development dDepartment and submit it with the application for approval of the planned development. The application for planned development shall not be considered complete without the information required by this chapter for the affordable dwelling unit component. The application shall require, and the applicant shall provide, among other things, general information about the nature and scope of the covered development, as well as other documents and information as this chapter and the department may require. The application shall include the inclusionary housing plan referred to under subsection (B) of this section. (B) Inclusionary Housing Plan. The applicant shall submit an inclusionary housing plan that outlines and specifies the covered development's compliance with each of the applicable requirements of this chapter. The inclusionary housing plan shall specifically contain, as a minimum, the following information regarding the covered development: 1. A general description of the covered development. 2. The total number of market rate dwelling units and affordable dwelling units in the covered development. 3. The number of bedrooms in each market rate dwelling unit and each affordable dwelling unit. 4. The square footage of each market rate dwelling unit and each affordable dwelling unit. 400 of 483 60-O-15 ~8~ 5. The general location of each affordable dwelling unit within the covered development. 6. The pricing schedule for each affordable dwelling unit and each market rate dwelling unit. 7. The phasing and construction schedule for each market rate dwelling unit and each affordable dwelling unit. 8. Documentation and plans regarding the exterior and interior appearances, materials, and finishes of the covered development and each of its dwelling units. 9. A description of the marketing plan that the applicant proposes to utilize and implement to promote the sale of the affordable dwelling units within the covered development. 10. Any proposal to make a cash payment, per section 5-7-8 of this chapter, or alternative equivalent action, per section 5-7-9 of this chapter, in lieu of providing affordable dwelling units. 5-7-6. ELIGIBILITY AND PREFERENCE OF HOUSEHOLDS FOR AFFORDABLE DWELLING UNITS. (A) Certificate Of Qualification. The developer, or its designee, department shall issue a certificate of qualification to any household the developer, or its designee, department has verified meets the AMI threshold requirements for a definition of "relevant household" as set forth defined in this chapter. (B) Eligibility. 1. The affordable dwelling units within a covered development which are for sale shall be sold only to owner-occupant qualified households whose primary residence shall be said affordable dwelling units and whose household income does not exceed one hundred percent (100%) of the AMI adjusted for household size. At least twenty-five percent (25%) of the affordable dwelling units shall be sold to qualified households whose income is eighty percent (80%) of the AMI or less adjusted for household size. 2. The affordable dwelling units within a covered development for lease shall be leased only to tenants with qualified households whose primary residence shall be said affordable dwelling unit and whose household income does not exceed sixty percent (60%) of 401 of 483 60-O-15 ~9~ the AMI adjusted for household size. At least fifty percent (50%) of the affordable dwelling units shall be leased to qualified households whose income does not exceed thirty percent (30%) of the AMI, adjusted for household size. (C) Preference. Priority for affordable dwelling units will be given first to qualified households who currently live in Evanston, or who have lived in Evanston with a member of a household currently living in Evanston, or and to households in which the head of the household or the spouse or domestic partner works in Evanston. 5-7-7. DISTRIBUTION AND ATTRIBUTES OF ON SITE AFFORDABLE DWELLING UNITS. (A) Location Of Affordable Dwelling Units. Affordable dwelling units shall be dispersed among the market rate dwelling units throughout the covered development. (B) Phasing Of Construction. In a multiphase d development, all phases shall include a proportion of affordable dwelling units throughout the covered development. The affordable dwelling units shall never be the last units to be built in any covered development. (C) Exterior Appearance. The exterior appearance of the affordable dwelling units in any covered development shall be visually compatible with the market rate dwelling units in the covered development. External building materials and finishes shall be substantially the same in type and quality for affordable dwelling units as for market rate dwelling units. (D) Interior Appearance and Finishes. Affordable dwelling units shall have the same interior appearance and finishes as basic market rate dwelling units and the bedroom mix of affordable dwelling units shall be in equal proportion to the bedroom mix of the market rate dwelling units. If the bedroom mix creates more options than the number of affordable dwelling units to be built, the affordable dwelling units shall be built with the greater number of bedrooms; e.g., if the bedroom mix provides for four (4) options: efficiency, one bedroom, two (2) bedroom, or three (3) bedroom; but only three (3) affordable dwelling units are to be built, then a one bedroom, a two (2) bedroom, and a three (3) bedroom unit shall be built. (E) Unit Size. Affordable dwelling units shall be similar to have substantially the same square footage as market rate dwelling units with a comparable number of bedrooms and subject to the following minimum standards for square footage size of the affordable dwelling unit: 402 of 483 60-O-15 ~10~ Studio 500 square feet 1 Bedroom 750 square feet 2 Bedroom 900 square feet 3 Bedroom 1,200 square feet (F) Energy Efficiency. Standard components related to energy efficiency, including, but not limited to, mechanical equipment and plumbing, insulation, windows, and heating and cooling systems, shall be the same in market rate dwelling units and affordable dwelling units. 5-7-8. CASH PAYMENT IN LIEU OF PROVIDING AFFORDABLE DWELLING UNITS. As of right, an applicant may pay a fee in lieu of building each affordable dwelling unit required by Section 4 of this chapter for the covered development. (A) The fee in lieu per affordable dwelling unit shall be determined and approved by the city council. The fee in lieu amount per affordable dwelling unit shall be forty one hundred thousand dollars ($40,000.00 $100,000). The fee in lieu is subject to review and revision by the city council. (B) All cash payments received pursuant to this chapter shall be deposited directly into the affordable housing fund. (C) Unless otherwise preempted by law, any fee in lieu shall be paid prior to the issuance of a temporary certificate of occupancy for any dwelling unit in the covered development. 5-7-9. ALTERNATIVE EQUIVALENT PROPOSAL. An applicant may propose to meet the requirements of Section 4 of this chapter by an alternative equivalent action, subject to the review and approval by the City Council planning and development committee. A proposal for an alternative equivalent action may include, but is not limited to, dedication of vacant land, the construction of affordable dwelling units on another site, or acquisition and enforcement of affordability sales price restrictions on existing market rate dwelling units so as to render them affordable dwelling units. Any proposal shall show how the alternative proposed will increase affordable housing opportunities in the city to an equal or greater extent than compliance with the express requirements of this chapter. Such proposals for alternatives shall be considered on a case by case basis by the City Council planning and development committee and may be approved at the City Council’s committee's sole discretion, if the City Council committee determines that such alternative will 403 of 483 60-O-15 ~11~ increase affordable housing opportunities in the city to an equal or greater extent than compliance with the express requirements of this chapter. 5-7-10. REDUCTION OR WAIVER OF REQUIREMENTS. (A) Reduction. If the applicant presents clear and convincing financial evidence to the City Council planning and development committee that full compliance with Section 4 of this chapter, payment in lieu as per Section 8 of this chapter, or alternative equivalent action as per Section 9 of this chapter, or any combination thereof would render the development financially infeasible, the applicant may seek a reduction in the required number of affordable dwelling units and/or payment in lieu as to render the project financially feasible. If such a reduction is requested, a detailed explanation shall be provided which demonstrates the financial infeasibility of full compliance with the requirements of this chapter. (B) Waiver. If the applicant presents clear and convincing financial evidence to the City Council planning and development committee that any compliance with Section 4 of this chapter, payment in lieu as per Section 8 of this chapter, or alternative equivalent action as per Section 9 of this chapter, or any combination thereof would render the development financially infeasible, the applicant may seek a waiver of the required affordable dwelling units and/or payment in lieu as to render the project financially feasible. If such a waiver is requested, a detailed explanation shall be provided which demonstrates the financial infeasibility of any compliance with the requirements of this chapter. 5-7-11. AFFORDABILITY CONTROLS. (A) Initial Sale Prices For Affordable Owner Occupied Dwelling Units. 1. Every affordable owner occupied dwelling unit required to be established under this chapter shall be offered for sale or to a good faith purchaser to be used for his or her own primary residence. 2. The director shall publish a pricing schedule of sales prices for affordable dwelling units shall be in accordance with the provisions of subsections (A)5, and (A)6, and A(7) of this section. The director shall update the pricing schedule at least annually by December 1. 3. Income limits for eligible buyers shall be based on the Illinois Housing Development Authority schedule released annually. Units will be priced so as to be affordable to households at one hundred percent (100%) AMI. At least twenty five percent (25%) of owner- occupied affordable dwelling units shall be priced so as to be affordable to households whose incomes do not exceed earning up 404 of 483 60-O-15 ~12~ to eighty percent (80%) of AMI, who shall be eligible to purchase such unit. 4. In calculating the sales prices of affordable dwelling units, the following relationship between unit size and household size shall be used to determine the income figure at which affordable housing payments are calculated: Unit Size Income Level for Household Size Efficiency 1 Person 1 Bedroom 2 Persons 2 Bedrooms 3 Persons 3 Bedrooms 4 Persons 4 Bedrooms 5 Persons 5. Prices for a minimum of twenty-five percent (25%) of the sale units shall be calculated on the basis of: a. Housing payments at or below thirty-three percent (33%) of the household income for a household at eighty seventy percent (80 70%) of AMI at the household size corresponding to the size of the unit; b. An available fixed rate thirty (30) year mortgage, consistent with the average rate published from time to time by Freddie Mac; c. A down payment of no more than five percent (5%) of the purchase price; d. A calculation of property taxes; e. A calculation of homeowner's insurance; and f. A calculation of condominium or homeowner association fees; and g. A calculation of private mortgage insurance, if applicable. 6. Prices for up to seventy-five percent (75%) of the affordable sale units shall be calculated on the basis of: a. Housing payments at or below thirty-three percent (33%) of the household income for a household at one hundred ninety percent (90100%) of AMI adjusted for household size; b. An available fixed rate thirty (30) year mortgage, consistent with the average rate published from time to time by Freddie Mac; 405 of 483 60-O-15 ~13~ c. A down payment of no more than five percent (5%) of the purchase price; d. A calculation of property taxes; e. A calculation of homeowner's insurance; and f. A calculation of condominium or homeowner association fees. ; and g. A calculation of private mortgage insurance, if applicable. (B) Rental Rates for Affordable Dwelling Units 1. Fifty percent (50%) of the affordable dwelling units within the covered development shall have affordable rental rates at 60% AMI and the remaining fifty percent (50%) of affordable dwelling units shall have affordable rental rates at 30% AMI, pursuant to the annual rental rate schedule published by the Illinois Housing Development Authority. 2. If the most recent edition of the Illinois Housing Development Authority report indicates a lower AMI than the previous edition, the maximum allowable rent shall be adjusted accordingly. 3. The affordability period of an affected leased unit begins at the time of the first occupancy and continues for twenty-five (25) years, after which the affordability requirements of this chapter cease to control the unit. 4. A written lease is required for all leased affordable dwelling units, except for units in an assisted living residence. Final lease agreements are the responsibility of the landlord and the prospective tenant. Tenants are responsible for security deposits and the full amount of the rent as stated on the lease. All lease provisions shall comply with applicable laws and regulations. The landlord shall maintain copies of all leases entered into with a certified household (including an income certification) and distribute a copy to the City upon request. (C) Procedure For Initial Sale Or Lease To The General Public. 1. Sixty (60) days prior to offering any affordable dwelling unit for sale or rent, the applicant shall notify the department in writing of such offering. The notice shall set forth the number, size, price, and location of affordable dwelling units offered, and shall provide a 406 of 483 60-O-15 ~14~ description of each dwelling unit's finishes and availability. The notice shall also include a copy of the inclusionary housing plan, and any such additional information the dDirector may reasonably require in order to establish compliance with this chapter. 2. The prospective purchaser or lessee shall make application for a "certificate of qualification" on a form provided by the Director department and available on the City's website. If the developer, or its designee, director determines an applicant is qualified pursuant to the requirements of this chapter to purchase or lease an affordable dwelling unit, he/she shall issue a "certificate of qualification" to that applicant. An applicant must provide documents to verify that he or she satisfies these requirements, including an affidavit that the affordable dwelling unit will be his or her primary residence and evidence of income, household size, and residency or employment in Evanston. The developer, or its designee, director shall determine whether or not the prospective purchaser or lessee satisfies the requirements of this chapter within six (6) days after receiving the completed application. The developer shall, upon request by the Director, furnish documentation to the City to demonstrate compliance with this section (C). 3. An applicant The developer shall not sell or lease any affordable dwelling units without first obtaining a valid certificate of qualification for from the prospective purchaser/lessee. (D) Agreement To Ensure Compliance During The Affordability Period. Prior to issuance of a building permit for any covered development or conveyance of title of any dwelling unit in any covered development, the applicant shall have entered into an agreement with the city regarding the specific requirements and restrictions imposed by the city council upon the approved planned development. The applicant shall agree to execute any and all documents deemed necessary by the city, including, without limitation, deed restrictions, restrictive covenants, and other related instruments, to ensure the continued affordability of the affordable dwelling units in accordance with this chapter. The agreement shall set forth the commitments and obligations of the city and the applicant, and shall incorporate, among other documents, the inclusionary housing plan. If applicable, the agreement shall also detail the fee in lieu or alternative 407 of 483 60-O-15 ~15~ equivalent action of providing on site affordable dwelling units as set forth in Sections 8 and 9 of this chapter respectively. Rental Compliance. The developer, or its designee, shall submit an annual compliance report describing each affordable unit in detail including but not limited to changes in tenancy, turnovers, and income certifications for all new tenants upon request of the Director. (F) Control Of Resale Prices. The maximum sales price, with the exception of foreclosure sales, permitted on resale of an affordable dwelling unit shall be based on the following formula: 1. The original purchase price plus: a. An inflation adjustment of the original purchase price calculated in accordance with the CPI, using the year of the prior sale as the base year; b. Allowances for closing costs and sales commissions paid by the seller; and c. The fair market value of approved improvements made to the unit between the date of original sale and the date of resale, up to an average of five thousand dollars ($5,000.00) per year. "Approved improvements" are capital improvements which add value to the home, prolong its useful life or adapt it to new uses. Repairs to maintain the home in good condition are not allowable capital improvements. A list of general allowable capital improvements shall be included in the affordability documents signed by the purchaser. (G) First Sale After Affordability Period Ends. 1. This subsection (EG) shall apply in the event an affordability period in perpetuity is unlawful or becomes unlawful. Upon the first sale of an affordable dwelling unit after the affordability period ends, the seller shall pay to the city out of the sale proceeds a percentage of the difference between the actual sales price and the current affordable resale price as determined pursuant to subsection (DG) of this section. Such sums shall be deposited into the affordable housing fund. The percentage is based upon the number of years the seller owned and occupied the unit, as follows: 408 of 483 60-O-15 ~16~ Years of Ownership Share to Affordable Housing Fund 11 to 15 Years 50 Percent 6 to 10 Years 60 Percent 1 to 5 Years 70 Percent 2. The dDirector shall determine whether the price and terms of a resale covered by the preceding paragraph meet the requirements of this chapter. Upon a finding of compliance, the dDirector shall terminate the affordable housing controls and execute a recordable release of all applicable mortgages and restrictions. 3. If an affordable dwelling unit is sold through a foreclosure or other court ordered sale, the affordable restrictions are extinguished, but any remaining net profit shall be returned to the department and deposited into the affordable housing fund. 5-7-12. COMMUNITY LAND TRUST. The City may create or authorize a community land trust to effectuate the purposes of this chapter. Any established or designated land trusts must be staffed by paid employees and be sufficiently operational, subject to the discretion of the City. 5-7-13. INCENTIVES FOR APPLICANTS. For any covered development project that complies with the requirements of this chapter, the city shall follow the procedures described below and provide the described incentives: (A) Expedited Application Process: All applications shall be processed by all city departments before other residential land use applications regardless of the original submittal date. (B) Fee Deferral: All city required fees related to the covered development for plan review, building permit fees or other similar development review fees for the non-affordable dwelling units, which are not subject to a fee waiver per subsection 5-7-13(C), shall be deferred for payment until the issuance of the first temporary certificate of occupancy for a non-affordable dwelling units. The project applicant shall not receive a fee deferral from payment for any other City fees associated with the covered development, including but not limited to right-of-way fees, demolition fees, and fees related to the commercial portion(s) of the development. 409 of 483 60-O-15 ~17~ (C) Fee Waiver: All city required fees that are specifically related to affordable dwelling units built on the site of the covered development shall be waived. All projects with a covered development which must comply with the requirements of this Inclusionary Housing Ordinance shall be exempt from all plan review, building permit fees or other similar development review fees for the affordable units. Whenever a project includes a combination of affordable and market rate housing units, fees shall be pro- rated appropriately as determined by the Director and no fees associated with the commercial portion shall be deferred, if applicable. The project applicant shall not receive a waiver from payment of any other fees associated with the covered development, including but not limited to right-of-way fees, demolition fees, or fees related to the commercial portion(s) of the covered development. 5-7-14. ENFORCEMENT. (A) The provisions of this chapter shall apply to all agents, successors and assignees of an applicant. (B) The cCity may institute injunction, mandamus, or any other appropriate legal actions or proceedings for the enforcement of this chapter. In addition, any person, firm, or entity, whether as principal, agent, employee or otherwise, who violates, disobeys, omits, neglects, or refuses to comply with or resists the enforcement of any of the provisions of this chapter shall be fined not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00) for each offense. Each day such violation or failure to comply is permitted to exist after notification thereof shall constitute a separate offense. 5-7-15. ADMINISTRATION. In order to ensure compliance with the provisions of this chapter, the cCity may utilize a maximum of fifteen percent (15%) each year of funds from the affordable housing fund for administration. 5-7-16. SEVERABILITY. The provisions and sections of this chapter shall be deemed separable, and the invalidity of any portion of this chapter shall not affect the validity of the remainder. SECTION 3: The findings in this Ordinance, and the Legislative Record, are declared to be prima facie evidence of the law of the City of Evanston, and shall be 410 of 483 60-O-15 ~18~ received in evidence as provided by the Illinois Compiled Statues, and the courts of the State of Illinois. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: This ordinance shall become effective on September 1, 2015; all subsequent property development applications shall be subject to all provisions contained herein. Those applications substantially filed prior to September 1, 2015 shall be subject to the provisions of the preceding Ordinance and exempted from the changed and additional provisions. Introduced: _________________, 2015 Adopted: ___________________, 201 5 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 411 of 483 Chicago (Amended March 2015)Highland Park Evanston Evanston-Recommended Amendments Project size (# of residential units)10 or more 5 or more 25 or more 5 or more Other criteria Receive zoning changes (higher FAR, change from non- residential to residential, allow ground floor residential); land purchased from City; financial assistance from City (TIF); part of a planned development in downtown zoning district New residential & mixed use construction; renovation of existing multi-family that increases dwelling units; change in use from non-residential to residential or conversion from rental to condo; affordable units must be disbursed throughout development Subject to planned development requirements; on contiguous land under common ownership; new residential or mixed use construction; renovation of existing multi-family that increases the number of units; change of use from non-residential to residential; development built in phases New construction, including new mixed-use construction with a residential component; renovation or reconstruction of an existing multi-family building that increases the number of residential units in the building; a change in the use of an existing building from non- residential to residential or conversion from rental property to condominium Tenure For-sale and rental For-sale and rental For-sale For-sale and rental % of units affordable 10% of total units if privately funded; 20% if receiving City funding 20% of total units 10% of total units (round up to nearest whole #)10% of total units if privately funded; 20% if receiving City funds Income restrictions - rental HH income ≤60% AMI Minimum of 1/3 affordable units for HH ≤50% AMI; 1/3 for 51-80% AMI; 1/3 for 81-120% AMI Not applicable HH income ≤ 60% AMI. 50% of affordable units must be leased to households whose income does not exceed ≤ 30% AMI. Income restrictions - for-sale HH ≤120% AMI Minimum of 1/2 affordable units or at least one for HH ≤80% AMI; remainder HH ≤120% Minimum of 25% affordable units for HH ≤80% AMI; remainder HH ≤100% AMI Same Affordability period - rental Minimum 30 years Minimum 25 years Not applicable 25 years Affordability period - for-sale Minimum 30 years; In perpetuity if part of Chicago Community Land Trust In perpetuity or as long as legally possible 15 years In perpetuity or as long as legally possible Developer benefits Projects that qualify as “transit-served locations” may qualify for additional FAR increases, height increases, and parking reductions if at least 50 percent of the required number of required affordable housing units are provided on-site. Density bonus of 1 market rate unit for each required affordable unit; density bonus in PUDs of up to .5 market rate units for each required affordable unit Expedited application process; fee deferral until temporary CofO; waiver of fees specifically related to affordable units Same Fee in lieu of on-site unit/per unit $50,000 to $225,000 (Depending on tenure and location)$100,000 $40,000 $100,000 Affordability enforcement Usually placed in Chicago Community Land Trust Land use restrictions Planned development agreement; deed restrictions or restrictive covenants; payments to Affordable Housing Fund if not maintained Same. Placement of for sale units into Land Trust. Limits to use of fee in lieu Can only satisfy 75% of affordable housing requirements with fees in lieu Other 25% of required affordable units must be provided on-site or at an approved off-site location Size of affordable units may be up to 25% less than market rate units with same # of bedrooms; interior finishes may be different but no compromise on energy efficient features Size of affordable units must be substantially same sq footage as market rate with same # of bedrooms; same interior finishes as basic market rate units; no compromise on energy efficient features Same 412 of 483 Income and Rent Table 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 $2,920 413 of 483 For City Council meeting of April 27, 2015 Item P3 Ordinance 43-O-15: Planned Development 1620 Central Street 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 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. This ordinance was introduced at the April 13, 2015, City Council meeting. 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 483 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 483 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 483 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 483 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 483 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 483 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 483 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 483 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 483 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 483 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 483 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 483 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 483 43-O-15 ~10~ EXHIBIT B Development Plans 427 of 483 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 483 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 483 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 483 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 483 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 483 PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL VIEW FROM CENTRAL STREET 433 of 483 PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL VIEW FROM CENTRAL STREET 434 of 483 PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL VIEW FROM REAR ALLEY 435 of 483 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 483 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 483 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 483 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 483 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 483 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 483 PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL TRANSITIONAL HEIGHT PLANE ANALYSIS 442 of 483 PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL TRANSITIONAL HEIGHT PLANE ANALYSIS 443 of 483 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 483 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 483 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 483 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 483 43-O-15 ~11~ EXHIBIT C Landscape Plans 448 of 483 449 of 483 450 of 483 1620 Central St. Planned Development Plans received at or after Plan Commission Meeting on 03/11/2015 451 of 483 452 of 483 453 of 483 454 of 483 455 of 483 456 of 483 457 of 483 458 of 483 459 of 483 460 of 483 461 of 483 462 of 483 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 483 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 483 PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL TRANSITIONAL HEIGHT PLANE ANALYSIS 465 of 483 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 483 PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL VIEW FROM ASHLAND AVENUE PROPOSED PROJECT 467 of 483 PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL VIEW FROM ASHLAND AVENUE PROPOSED PROJECT 468 of 483 PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL VIEW FROM 2530 ASHLAND AVE. BACKYARD - EXISTING 469 of 483 PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL VIEW FROM 2530 ASHLAND AVE. BACKYARD - OVERLAY 470 of 483 PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL VIEW FROM 2530 ASHLAND AVE. BACKYARD - WINTER 471 of 483 PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL VIEW FROM 2530 ASHLAND AVE. BACKYARD - SUMMER 472 of 483 PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL VIEW FROM 2524 ASHLAND AVE. BACKYARD - EXISTING 473 of 483 PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL VIEW FROM 2524 ASHLAND AVE. BACKYARD - WINTER 474 of 483 PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL VIEW FROM 2524 ASHLAND AVE. BACKYARD - SUMMER 475 of 483 PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL 476 of 483 PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL 477 of 483 PLANNED DEVELOPMENT APPLICATION ©2014MYEFSKI ARCHITECTS,INC 1620 CENTRAL EVANSTON, IL 478 of 483 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 483 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 483 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 483 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 483 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 483