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10.27.14 Packet
CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, October 27, 2014 Administration & Public Works (A&PW) Committee meets at 6 p.m. Planning & Development (P&D) Committee meets at 7:15 pm City Council meeting will convene after conclusion of the P&D meeting ORDER OF BUSINESS (I) Roll Call – Begin with Alderman Burrus (II) Mayor Public Announcements and Proclamations “Evanston Own It Day – November 1, 2014” (III) City Manager Public Announcements Pedal Bright: Bike Light Giveaway and Installation October 30, 2014 (IV) Communications: City Clerk (V) Public Comment Members of the public are welcome to speak at City Council meetings. As part of the Council agenda, a period for public comments shall be offered at the commencement of each regular Council meeting. Those wishing to speak should sign their name and the agenda item or non- agenda topic to be addressed on a designated participation sheet. If there are five or fewer speakers, fifteen minutes shall be provided for Public Comment. If there are more than five speakers, a period of forty-five minutes shall be provided for all comment, and no individual shall speak longer than three minutes. The Mayor will allocate time among the speakers to ensure that Public Comment does not exceed forty-five minutes. The business of the City Council shall commence forty-five minutes after the beginning of Public Comment. Aldermen do not respond during Public Comment. Public Comment is intended to foster dialogue in a respectful and civil manner. Public comments are requested to be made with these guidelines in mind. (VI) Special Orders of Business (VII) Consent Agenda: Alderman Rainey (VIII) Report of the Standing Committees Administration & Public Works - Alderman Holmes Planning & Development - Alderman Fiske Human Services - Alderman Burrus (IX) Call of the Wards 1 of 323 City Council Agenda October 27, 2014 Page 2 of 6 (Aldermen shall be called upon by the Mayor to announce or provide information about any Ward or City matter which an Alderman desires to bring before the Council.) {Council Rule 2.1(10)} (X) Executive Session (XI) Adjournment SPECIAL ORDERS OF BUSINESS (SP1) Biking Improvements at Evanston Township High School/Church Street and Mason Park Staff requests consideration and direction of the City Council for the proposed biking improvements at Evanston Township High School, Church Street from Dodge Avenue to McCormick Boulevard, and Mason Park. For Discussion CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting of October 13, 2014 (M2) Approval of Minutes of the Regular City Council Meeting of October 20, 2014 For Action ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through October 5, 2014 $2,641,880.71 (A2) City of Evanston Bills – October 28, 2014 $2,183,663.39 For Action (A3.1) Approval of Single Source Elevator Service Agreement with ThyssenKrupp Elevator Corp. for the Sherman Plaza Self Park Staff recommends that City Council authorize the City Manager to execute a five year single source service and maintenance agreement with ThyssenKrupp Elevator Corporation (355 Eisenhower Lane South, Lombard, IL) for the elevators at the Sherman Plaza parking garage at a cost of $34,436.16. The proposed 5-year service agreement is effective April 1, 2014 to March 31, 2019. This agreement includes a cost reduction of $4,747 for the first year, an approximately 12% decrease when compared to last year’s agreement. While ThyssenKrupp reserves the right to an annual increase in years two through five, the potential increase in subsequent years is capped at five percent. For Action 2 of 323 City Council Agenda October 27, 2014 Page 3 of 6 (A3.2) Approval of Contract with Place Consulting, Inc. for Consulting Work to Create a Special Service Area for Main/Chicago and Dempster/Chicago Merchant Districts (RFP 14-50) Staff recommends that City Council authorize the City Manager to execute a contract for consulting services for the study and creation of a special service area (“SSA”) for the business districts along Chicago Avenue at the intersections of Main and Dempster Streets inclusive of the Main/Chicago and Dempster/Chicago merchant districts with Place Consulting, Inc. (3701 North Ravenswood Avenue, Suite 204, Chicago, IL) for a total amount of $36,983.78. Funding is provided by the Economic Development Fund’s Redevelopment Consulting Services Account (225.21.5300.62136), with a budget of $75,000. For Action (A4) Ordinance 125-O-14, Increasing the Number of Class C-1 Liquor Licenses for Bangers and Lace Evanston LLC d/b/a Bangers and Lace, 810 Grove Street Staff recommends City Council adoption of Ordinance 125-O-14, which amends Evanston City Code of 2012 Subsection 3-4-6-(C-1), as amended, to increase the number of authorized Class C-1 liquor licenses from six (6) to seven (7). For Introduction (A5) Ordinance 126-O-14, Increasing the Number of Class F Liquor Licenses for Highland Park CVS, LLC d/b/a CVS Pharmacy #8760, 3333 Central Street Staff recommends City Council adoption of Ordinance 126-O-14, which amends Evanston City Code of 2012 Subsection 3-4-6-(F), as amended, to increase the number of authorized Class F liquor licenses from eight (8) to nine (9), and permit issuance of a Class F license to Highland Park CVS, LLC d/b/a CVS Pharmacy #8760 (“Company”), 3333 Central Street. For Introduction (A6) Ordinance 127-O-14, Increasing the Number of Class O Liquor Licenses for Dil Foods, Inc. d/b/a Shell Gas Station, 2494 Oakton Street Staff recommends City Council adoption of Ordinance 127-O-14, which amends Evanston City Code of 2012 Subsection 3-4-6-(O), as amended, to increase the number of authorized Class O liquor licenses from zero (0) to one (1). For Introduction (A7) Ordinance 114-O-14, Amending City Code Section 3-4-6-(P-2) to Allow for Sale of Beer in Twenty-Two Ounce Containers for Off-Site Consumption Local Liquor Commissioner recommends City Council adoption of Ordinance 114-O-14, which permits sale of beer in twenty-two (22) ounce containers for off- site consumption for the current Class P-2 liquor license. This ordinance was introduced at the October 13, 2014 City Council meeting. For Action 3 of 323 City Council Agenda October 27, 2014 Page 4 of 6 (A8) Ordinance 122-O-14, Dissolution of Southwest Tax Increment Finance District Staff recommends adoption of Ordinance 122-O-14 to dissolve the Southwest Tax Increment Finance (TIF) District effective December 31, 2014. This ordinance was introduced at the October 13, 2014 City Council meeting. For Action PLANNING & DEVELOPMENT COMMITTEE (P1) Ordinance 129-O-14, Granting a Special Use for a Restaurant-Type 2, 800 Degrees Neapolitan Pizzeria, at 812 Church Street The Zoning Board of Appeals and City staff recommend adoption of Ordinance 129-O-14 granting a special use permit for a Type 2 Restaurant, 800 Degrees, in the D3 Downtown Core Development District. The applicant has complied with all zoning requirements, and meets all of the standards for a special use for this district. For Introduction (P2) Ordinance 130-O-14, Granting a Special Use for a Restaurant-Type 2 at 1814 Central Street, Beth’s Little Bake Shop The Zoning Board of Appeals and City staff recommend adoption of Ordinance 130-O-14 granting a special use permit for a Type 2 Restaurant, Beth’s Little Bake Shop, in the B1a Business District and the oCSC Central Street Overlay District. The applicant has complied with all zoning requirements, and meets all of the standards for a special use for this district. For Introduction (P3) Ordinance 131-O-14, Granting a Special Use for a Restaurant-Type 2, Patisserie Coralie, at 600 Davis Street The Zoning Board of Appeals and City staff recommend adoption of Ordinance 131-O-14 granting a special use permit for a Type 2 Restaurant, Patisserie Coralie, in the D2 Downtown Retail Core District. The applicant has complied with all zoning requirements, and meets all of the standards for a special use for this district. Suspension of the Rules is requested for Introduction and Action by City Council on October 27, 2014. For Introduction and Action (P4) Ordinance 50-O-14 Amending Title 4, Chapter 14 of the City Code from “Site Plan and Appearance Review” (SPAARC) to Design and Project Review (DAPR) City staff recommends the adoption of Ordinance 50-O-14 to institute a revised staff design and project review process. Staff has identified several revisions that are noted in the attached ordinance that will change this review process and lead to improved recommendations. This ordinance was introduced at the October 13, 2014 City Council meeting. For Action 4 of 323 City Council Agenda October 27, 2014 Page 5 of 6 (P5) Ordinance 119-O-14, Granting a Special Use for a Restaurant-Type 2 at 1613 Sherman Avenue The Zoning Board of Appeals and City staff recommend adoption of Ordinance 119-O-14 granting a special use permit for a Type 2 Restaurant, Doc Popcorn, in the D2 Downtown Retail Core District. The applicant has complied with all other zoning requirements, and meets all of the standards for a special use for this district. This ordinance was introduced at the October 13, 2014 City Council meeting. For Action (P6) Ordinance 110-O-14 Zoning Ordinance Text Amendment for Child and Adult Daycare Centers in C1 and C2 Districts Staff recommends adoption of Ordinance 110-O-14 to allow “Daycare Center – Child” and “Daycare Center – Adult” as Special Uses in C1 and C2 Commercial Districts. This ordinance was introduced at the October 13, 2014 City Council meeting. For Action HUMAN SERVICES COMMITTEE (H1) Ordinance 111-O-14, Amending the City Code to Increase the Age of Sale and Purchase of Tobacco or Liquid Nicotine Products from Eighteen (18) to Twenty-One (21) Years of Age Human Services Committee and staff recommend City Council adoption of Ordinance 111-O-14, amending City Code subsection 3-14-6, to increase the age of sale and purchase of tobacco or liquid nicotine products from eighteen (18) years of age to twenty-one (21) years of age. On October 13, 2014, Council introduced Ordinance 111-O-14 and requested amendments to continue to permit the use or possession of tobacco for individuals between the ages of eighteen (18) and twenty-one (21). The Ordinance reflects this amendment. For Action 5 of 323 City Council Agenda October 27, 2014 Page 6 of 6 MEETINGS SCHEDULED THROUGH NOVEMBER 2014 Upcoming Aldermanic Committee Meetings Mon, Nov 3 6 pm Human Services Funding Summit Mon, Nov 10 6 pm A&PW, P&D, City Council meetings Mon, Nov 17 7 pm City Council meeting Tues, Nov 18 7:30 pm Housing & Community Dev Act Ctte Wed, Nov 19 6 pm Transportation/Parking Committee Wed, Nov 19 6:30 pm M/W/EBE Advisory Committee Wed, Nov 19 7:30 pm Economic Development Committee Fri, Nov 21 7 am Housing & Homelessness Commission Mon, Nov 24 6 pm A&PW, P&D, City Council meetings Information is available about Evanston City Council meetings at: www.cityofevanston.org/citycouncil. Questions can be directed to the City Manager’s Office at 847-866-2936. The City is committed to ensuring accessibility for all citizens. If an accommodation is needed to participate in this meeting, please contact the City Manager’s Office 48 hours in advance so that arrangements can be made for the accommodation if possible. 6 of 323 For City Council meeting of October 27, 2014 Item SP1 ETHS-Church Street & Mason Park Biking Improvements For Discussion To: Honorable Mayor and Members of the City Council From: Suzette Robinson, Director of Public Works Sat Nagar, P.E., Assistant Director of Engineering & Infrastructure Rajeev Dahal, Senior Project Manager Subject: Biking Improvements at Evanston Township High School/Church Street and Mason Park Date: October 23, 2014 Recommended Action: Staff requests consideration and direction of the City Council for the proposed biking improvements at Evanston Township High School (ETHS), Church Street from Dodge Avenue to McCormick Boulevard, and Mason Park. Summary: The existing protected bike lane on Church Street is two-way west of Mason Park to Dodge Avenue. Staff is seeking to complete missing connections at Mason Park and west of Dodge along Church to McCormick Blvd. To complete the missing connections between Church and Davis, staff is proposing a bike path through Mason Park. The proposal minimizes the impact to the existing infrastructure in the park. To extend the biking improvements west of Dodge Avenue, City staff in conjunction with Evanston Township High School staff will establish an off road bike path along Church from Dodge Avenue to Pitner Avenue. Staff has met with ETHS administrative staff on proposed improvements to include lighting, landscaping, fencing and funding. A portion of the path will be constructed on ETHS property and be available for public use. From Pitner Avenue to McCormick Blvd., staff is proposing a median separated two way cycle track on south side of Church Street. The path will connect with the McCormick path at the signalized intersection of McCormick and Church. This will allow bikes to connect north and south along McCormick or continue west on the new Skokie bike lane to be installed on Church between McCormick and Grosse Pointe Road in 2015. Memorandum 7 of 323 These improvements will impact parking and provide a safer pedestrian crossing due to the elimination of one of the traffic lanes. Staff will coordinate with the community and the Illinois Department of Transportation (IDOT). After City Council approval, City staff will complete the engineering plans and conduct neighborhood meetings to discuss the proposed biking improvements. Page 2 of 2 8 of 323 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, October 13, 2014 Roll Call: Alderman Grover Alderman Rainey Alderman Burrus Alderman Fiske Alderman Braithwaite Alderman Wynne Alderman Wilson Alderman Holmes Alderman Tendam Presiding: Mayor Elizabeth B. Tisdahl The Regular Meeting of the City Council was called to order at 8:05 PM by the Mayor after a quorum was obtained by a Roll Call. • Mayor Public Announcements : Ylda Capriccioso gave birth to a baby boy named Santino “Sonny” • City Manager Public Announcements : No Announcements • Communications: City Clerk : No communications Citizen Comment Junad Rizki – wanted more information about the 2015 Budget for the City of Evanston, so he prepared a list of items he had questions on. He also stated if the Council cannot answer him tonight he will just FOIA all his requests. Patrick Hughes Jr, Chris Donnelly, and Lauren Barski – all gave comments about the Penny Park Project (Adgenda Item A3.3) Donald Zeigler and Tim Sandborn – all gave comments on the legal age for tobacco products (Agenda Item H1) Ceasar Marron – Voiced his comment on how changing to the 22 oz Containers will be beneficial. (Agenda Item A8) Non-Adgenda Items Junad Rizki – Questioned City Council about the new paved area in the Civic Center parking lot, and of the Northwestern University Water Tank. 9 of 323 City Council Agenda October 13, 2014 Page 2 of 7 CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting of September 22, 2014 (M2) Approval of Minutes of the Regular City Council Meeting of September 29, 2014 For Action - APPROVED ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through September 21, 2014 $2,728,279.51 (A2) City of Evanston Bills – October 14, 2014 $6,051,237.99 Credit Card Report for period ending August 31, 2014 $ 128,220.55 For Action - APPROVED (A3.1) Approval of Contract Award to O’Hara Construction, Inc., for the Fire Station No. 2 Interior Renovation Project, Bid (14-01) Staff recommends City Council authorize the City Manager to execute a contract for the Fire Station No. 2 Interior Renovation Project with O’Hara Construction, Inc., (8115 Ridgeway Avenue, Skokie, IL) in the amount of $157,451.72. Funding is provided by FY 2014 CIP (Account 415.26.4150.65502.415827) with a budget of $170,000. For Action - APPROVED (A3.2) Approval of Purchase of Trees and Planting Services for Fall 2014 Planting Staff recommends approval of the purchase of 224 trees, and planting services for 100 trees, from Suburban Tree Consortium (STC) in the amount of $53,683.76. Funding is provided by the Parks/Forestry Division budget (Account 2655.65005), and from the “Replant Express” program which allows residents to pay the cost of the tree plus delivery to be added to the planting list immediately For Action - APPROVED (A3.3) Approval of Contract with Leathers & Associates for Professional Consulting Services for the Penny Park Renovation Project Staff recommends that City Council authorize the City Manager to execute a sole source contract for playground design and construction administration of the Penny Park Renovation Project with Leathers & Associates (225 South Fulton Street, Ithaca, NY) at a cost of $38,707. Funding is provided by the FY2014 Capital Improvement Program (Account 415398) with a budget of $100,000. For Action – APPROVED (9-0) Director Robinson spoke briefly in regards to the concerns the citizens had during Citizen Comment. She advised that the final design has not been made, the design in mind is roughly around $300,000.00, there will be two (2) additional community meetings before final design is chosen, and Dewey Elementary School and Cherry Pre- School has helped with the design process thus far. Several Council Members made comments as well about the renovation. (A4) Single Audit for FY2013 10 of 323 City Council Agenda October 13, 2014 Page 3 of 7 Staff recommends City Council review and place on file the Single Audit report for the fiscal year ending December 31, 2013. For Action - APPROVED (A5) Resolution 79-R-14, Accepting a Grant Award for the Long Term Care Ombudsman Program Staff recommends City Council adoption of Resolution 79-R-14 authorizing the City Manager to sign notification of grant award for the maximum award amount of $28,639 with Age Options to fund and operate the Long Term Care Ombudsman Program for the City of Evanston. For Action - APPROVED (A6) Resolution 80-R-14, Accepting Grant Awards in Order to Help Fund a Congregate Senior Meal Program at the Levy Senior Center and Fleetwood- Jourdain Community Center Staff recommends City Council adoption of Resolution 80-R-14 authorizing the City Manager to sign notification of grant awards for the maximum award amount of $47,556 with Age Options to fund and operate a congregate senior meal program at the Levy Senior Center and Fleetwood-Jourdain Community Center. For Action - APPROVED (A6.1) Approval of Renewal of Contract Award to Catholic Charities for Senior Meal Food Programs Staff recommends City Council authorize the City Manager to renew the contract between the City of Evanston and Catholic Charities (6212 S. Sangamon, Chicago, IL) to provide a senior congregate meal program at the Levy Senior Center and Fleetwood-Jourdain Community Center for the period October 1, 2014 through September 30, 2015 in the not–to–exceed amount of $4.45 per lunch meal. Total meal program contract value is projected at $47,556. Funding provided by the Fleetwood-Jourdain (3040.65025) and Levy Center (3055.65025) meal program expenditure accounts. For Action - APPROVED (A7) Resolution 81-R-14, Authorizing Motor Fuel Tax Funds for General Maintenance of Streets Staff recommends adoption of Resolution 81-R-14 by which City Council would authorize the transfer $700,000 of Motor Fuel Tax Funds for general maintenance of streets by City forces. The fund transfer was approved as part of 2014 budget. For Action - APPROVED (A8) and (A9) Local Liquor Commissioner recommends City Council adoption of Ordinances 113-O-14 and 114-O-14. The City of Evanston’s Local Liquor Control Board finds that twenty-two (22) ounce containers are typical of the craft beer industry. (A8) Ordinance 113-O-14, Amending City Code Section 3-4-6-(P-1) to Allow for Sale of Beer in Twenty-Two Ounce Containers for Off-Site Consumption 11 of 323 City Council Agenda October 13, 2014 Page 4 of 7 Local Liquor Commissioner recommends City Council adoption of Ordinance 113-O-14, which permits sale of beer in twenty-two (22) ounce containers for off- site consumption for the current Class P-1 liquor license. For Introduction – OFF ADGENDA (A9) Ordinance 114-O-14, Amending City Code Section 3-4-6-(P-2) to Allow for Sale of Beer in Twenty-Two Ounce Containers for Off-Site Consumption Local Liquor Commissioner recommends City Council adoption of Ordinance 114-O-14, which permits sale of beer in twenty-two (22) ounce containers for off- site consumption for the current Class P-2 liquor license. For Introduction - APPROVED (A10) Ordinance 122-O-14, Dissolution of Southwest Tax Increment Finance District Staff recommends adoption of Ordinance 122-O-14 to dissolve the Southwest Tax Increment Finance (TIF) District effective December 31, 2014. For Introduction - APPROVED (A11) Ordinance 60-O-14 Amending the Minority, Women and Evanston Based Employer (MWEBE), and Local Employment Programs (LEP) The Minority, Women and Evanston Business Enterprise Development Committee (MWEBE) and staff recommend consideration of Ordinance 60-O-14, an amendment to the MWEBE/LEP revising the penalty section from a $100/per day to a 1.0% of total project value penalty. This ordinance was originally introduced on April 28, 2014 and has been amended from a 3.0% penalty to 1.0%. For Action - APPROVED (A12) Ordinance 112-O-14, Amending City Code Section 3-4-6 By Creating the New Class S-1 Liquor License Local Liquor Commissioner recommends City Council adoption of Ordinance 112-O-14, which creates a new subsection, Class S-1 liquor license for non-profit organizations who wish to obtain an annual liquor license. For Action - APPROVED PLANNING & DEVELOPMENT COMMITTEE (P1) Ordinance 50-O-14 Amending Title 4, Chapter 14 of the City Code from “Site Plan and Appearance Review” (SPAARC) to Design and Project Review (DAPR) City staff recommends the adoption of Ordinance 50-O-14 to institute a revised staff design and project review process. Staff has identified several revisions that are noted in the attached ordinance that will change this review process and lead to improved recommendations. For Introduction - APPROVED 12 of 323 City Council Agenda October 13, 2014 Page 5 of 7 (P2) Ordinance 119-O-14, Granting a Special Use for a Restaurant-Type 2 at 1613 Sherman Avenue The Zoning Board of Appeals and City staff recommend adoption of Ordinance 119-O-14 granting a special use permit for a Type 2 Restaurant, Doc Popcorn, in the D2 Downtown Retail Core District. The applicant has complied with all other zoning requirements, and meets all of the standards for a special use for this district. For Introduction – APPROVED (P3) Ordinance 110-O-14 Zoning Ordinance Text Amendment for Child and Adult Daycare Centers in C1 and C2 Districts Staff recommends adoption of Ordinance 110-O-14 to allow “Daycare Center – Child” and “Daycare Center – Adult” as Special Uses in C1 and C2 Commercial Districts. For Introduction - APPROVED (P4) Ordinance 120-O-14, Granting a Special Use for a Child Daycare Center- at 1909-1911 Howard Street The Zoning Board of Appeals and City staff recommend adoption of Ordinance 120-O-14 granting a special use permit for a Child Daycare Center- in the C1 Commercial District. The applicant proposes to operate A Step By Step Learning Academy at 1909-1911 Howard Street, and has complied with all other zoning requirements, and meets all of the standards for a special use for this district. For Introduction – OFF ADGENDA (P5) Ordinance 116-O-14, Granting a Special Use for Animal Hospital, Teuber Veterinary Services LLC, at 1815 Central Street The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 116-O-14 granting a special use permit for an Animal Hospital, Teuber Veterinary Services LLC, at 1815 Central Street. The applicant has complied with all zoning requirements, and meets all of the standards for a special use in the B1a Business District. This ordinance was introduced at the September 22, 2014 City Council meeting. For Action - APPROVED HUMAN SERVICES COMMITTEE (H1) Ordinance 111-O-14, Amending the City Code to Increase the Age of Sale, Purchase, and Possession of Tobacco or Liquid Nicotine Products from Eighteen (18) to Twenty-One (21) Years of Age Human Services Committee and staff recommend City Council adoption of Ordinance 111-O-14 amending City Code subsection 3-14-6, increasing the age of sale, purchase, and possession of tobacco or liquid nicotine products from eighteen (18) years of age to twenty-one (21) years of age. For Introduction – TO AMEND (PASSED 7-2), TO INTRODUCE (PASSED 9-0) Alderman Tendam, Alderman Holmes, Alderman Grover, Alderman Wilson 13 of 323 City Council Agenda October 13, 2014 Page 6 of 7 all spoke about the age requirements and suggestions, Alderman Holmes threw in a suggestion about BANDING all tobacco products from the City of Evanston. ECONOMIC DEVELOPMENT COMMITTEE (O1) Resolution 78-R-14, Financial Assistance Agreement for Now We’re Cookin’ Culinary Service Center Incubator Program The Economic Development Committee and staff recommend approval of Resolution 78-R-14 authorizing the City Manager to execute a third and final grant agreement with Now We’re Cookin’ for an amount not to exceed $38,400 for the period October 15, 2014 through December 31, 2015 to assist with the expansion of the formal food business incubator program. For Action - APPROVED RULES COMMITTEE (O2) Resolution 77-R-14, Proposed Revisions to City Council Rule 6.2 and 9.5 Rules Committee and staff recommend approval of proposed revisions to Council Rules 6.2 and 9.5. Section 6.2 pertains to Citizen Comment and 9.5 pertains to the Human Services Committee. For Action - APPROVED Call of the Wards: Ward 7: Alderman Grover had no report. Ward 8: Alderman Rainey had no report. Ward 9: Alderman Burrus had no report. Ward 1: Alderman Fiske had no report. Ward 2: Alderman Braithwaite reported he is happy about the support for the contract for the Penny Park Renovation and MWEBE Committee. Ward 3: Alderman Wynne had no report. Ward 4: Alderman Wilson had no report. Ward 5: Alderman Holmes had no report. Ward 6: Alderman Tendam reported that the 6th Ward Meeting is October 30th at 7pm at 3 Crowns Center. There will be a presentation from the Evanston Police Force as well as the Preservation Commission. Ald. Wilson motioned for the Regular Council meeting to adjourn and convene into the 14 of 323 City Council Agenda October 13, 2014 Page 7 of 7 Executive Session to discuss Litigation and Minutes and it was seconded. The meeting adjourned at 9:00PM. With a Voice Vote. Submitted by, Akasha S. Terrier Akasha S. Terrier Deputy City Clerk 15 of 323 CITY COUNCIL SPECIAL MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, October 20, 2014 City Council Roll Call: Alderman Burrus Alderman Holmes Alderman Fiske Alderman Tendam Alderman Braithwaite Alderman Grover Alderman Wynne Alderman Rainey Alderman Wilson Presiding: Mayor Tisdahl Mayor Tisdahl called the Special Meeting of the City Council to order at 7:07 P.M. Alderman Fiske arrived after Roll Call at 7:09 P.M. Mayor Public Announcements Mayor Tisdahl then urged everyone to get out and vote. City Manager Public Announcements The City Manager called upon Mr. Joe McRae to come forward to introduce a new service the City will be providing. Mr. McRae announced the smart phone app that his staff has designed. Ray Dorner, Program Coordinator Chandler Newberger Center discussed the app which will provide instantaneous information for the public. Around me Tab, Calendar tab, and Notification Tab, Featured Event Tab. Mr. McRae thanked the Council for their support in this endeavor. Erika Storlie, Deputy City Manager announced the three awards the City won from the PTI Solution Awards. They were: “Web solutions to allow citizens to pay fees online”. Mr. Ricky Voss was credited with the IT & Telecommunication for the “Sticker less wheel tax”, “Public Safety Technology”. Police Chief Eddington gave credit to staff for the transformation of a Brink’s Truck into an Evanston Police vehicle, the Evanston Community Builders donated the solar panels, and lastly Detective Brian Marks saw the idea at a Conference and he took the idea and refined it to loiter on the streets. Mr. Bobkiewicz commented that cities all over compete for these recognitions, but Evanston is the only one to receive all three and this is an accomplishment due to the talented staff. Communications: City Clerk The City Clerk announced that early voting is now in effect and at the close of the first day there were 211 votes cast. 16 of 323 Special City Council October 20, 2014 Page 2 of 2 10/24/2013 6:42 PM Public Comment Junad Rizki spoke of his concerns with the proposed budget and stated the Council members sit quietly and says nothing, but are in private communications among themselves. Mike Vasilko spoke concerning the proposed budget. He stated one way to not raising taxes is to stop giving out millions of dollars to wealthy Corporations who want to do business here in Evanston, but say they are broke. Betty Ester spoke of the Township budget that Mr. Bobkiewicz made concerning the figures for the GA Funds was incorrect. She suggested they take the proposed budget and revisit it before approving. Junad Rizki also spoke on a non-agenda item concerning the water department, and wanted the Council to do an analysis of the Water Department. He asked where this half a million net from the water has gone. SPECIAL ORDER OF BUSINESS The following item was given by Mr. Lyons and City staff Directors using slide Presentations. (SP1) FY2015 Budget Presentation Mr. Lyons announced the first workshop to be Saturday, October 25, 2014 in the Council Chambers at 9:00 A.M. in the Lorraine H. Morton Civic Center. Call of the Wards Ward 8, Alderman Rainey had no report. Ward 9, Alderman Burrus suggested all to lock their car doors. Also slow down, stop at stop signs, and stop texting Ward 1, Alderman Fiske had no report. Ward 2, Alderman Braithwaite had no report. Ward 3, Alderman Wynne had no report. Ward 4, Alderman Wilson had no report. Ward 5, Alderman Holmes reported on a group working toward stopping gun violence, and the group made 100 posters Ward 6, Alderman Tendam had no report. Ward 7, Alderman Grover thanked the budget staff. The Mayor asked for a motion to adjourn and Alderman Grover motioned and it was seconded. With a positive Voice Vote the meeting ended at 9:00 P.M. Submitted by, Hon. Rodney Greene, MMC/City Clerk 17 of 323 ADMINISTRATION & PUBLIC WORKS COMMITTEE Monday, October 27, 2014 6 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston Council Chambers AGENDA I. DECLARATION OF A QUORUM: ALDERMAN HOLMES, CHAIR II. APPROVAL OF MINUTES OF REGULAR MEETING OF October 13, 2014 III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through October 5, 2014 $2,641,880.71 (A2) City of Evanston Bills – October 28, 2014 $2,183,663.39 For Action (A3.1) Approval of Single Source Elevator Service Agreement with ThyssenKrupp Elevator Corp. for the Sherman Plaza Self Park Staff recommends that City Council authorize the City Manager to execute a five year single source service and maintenance agreement with ThyssenKrupp Elevator Corporation (355 Eisenhower Lane South, Lombard, IL) for the elevators at the Sherman Plaza parking garage at a cost of $34,436.16. The proposed 5-year service agreement is effective April 1, 2014 to March 31, 2019. This agreement includes a cost reduction of $4,747 for the first year, an approximately 12% decrease when compared to last year’s agreement. While ThyssenKrupp reserves the right to an annual increase in years two through five, the potential increase in subsequent years is capped at five percent. For Action Rev. 10/24/2014 9:44:07 AM 18 of 323 (A3.2) Approval of Contract with Place Consulting, Inc. for Consulting Work to Create a Special Service Area for Main/Chicago and Dempster/Chicago Merchant Districts (RFP 14-50) Staff recommends that City Council authorize the City Manager to execute a contract for consulting services for the study and creation of a special service area (“SSA”) for the business districts along Chicago Avenue at the intersections of Main and Dempster Streets inclusive of the Main/Chicago and Dempster/Chicago merchant districts with Place Consulting, Inc. (3701 North Ravenswood Avenue, Suite 204, Chicago, IL) for a total amount of $36,983.78. Funding is provided by the Economic Development Fund’s Redevelopment Consulting Services Account (225.21.5300.62136), with a budget of $75,000. For Action (A4) Ordinance 125-O-14, Increasing the Number of Class C-1 Liquor Licenses for Bangers and Lace Evanston LLC d/b/a Bangers and Lace, 810 Grove Street Staff recommends City Council adoption of Ordinance 125-O-14, which amends Evanston City Code of 2012 Subsection 3-4-6-(C-1), as amended, to increase the number of authorized Class C-1 liquor licenses from six (6) to seven (7). For Introduction (A5) Ordinance 126-O-14, Increasing the Number of Class F Liquor Licenses for Highland Park CVS, LLC d/b/a CVS Pharmacy #8760, 3333 Central Street Staff recommends City Council adoption of Ordinance 126-O-14, which amends Evanston City Code of 2012 Subsection 3-4-6-(F), as amended, to increase the number of authorized Class F liquor licenses from eight (8) to nine (9), and permit issuance of a Class F license to Highland Park CVS, LLC d/b/a CVS Pharmacy #8760 (“Company”), 3333 Central Street. For Introduction (A6) Ordinance 127-O-14, Increasing the Number of Class O Liquor Licenses for Dil Foods, Inc. d/b/a Shell Gas Station, 2494 Oakton Street Staff recommends City Council adoption of Ordinance 127-O-14, which amends Evanston City Code of 2012 Subsection 3-4-6-(O), as amended, to increase the number of authorized Class O liquor licenses from zero (0) to one (1). For Introduction IV. ITEMS FOR DISCUSSION (APW1)City of Evanston Liquor Tax and Collected Liquor Tax Revenue Staff has provided a summary of information on the tax assessed and the revenue collected by the City. For Discussion V. COMMUNICATIONS VI. ADJOURNMENT Rev. 10/24/2014 9:44:07 AM 19 of 323 Administration and Public Works Committee Meeting Minutes of October 13, 2014 Council Chambers – 6:00 p.m. Lorraine H. Morton Civic Center MEMBERS PRESENT: D. Holmes, A. Rainey, J. Grover, C. Burrus, P. Braithwaite STAFF PRESENT: D. Stoneback, G. Farrar, C. Plante, M. Lyons, S. Robinson, T. Turner, S. Flax, S. Nagar, J. McRae, J. Williams-Kinsel, R. Voss, Chief Eddington, P. D’Agostino, D. Hohl, T. Janetske, A. Villamin STAFF ABSENT: W. Bobkiewicz, J. Nyden, L. Biggs, J. Calderon, H. Pirooz, E. Storlie, B. Dorneker, L. Jeschke, Chief Klaiber, C. Hurley, M. Muenzer, E. Thomas-Smith, R. Dahal, S. Levine, J. Maiworm, A. Porta, P. Zalmezak PRESIDING OFFICIAL: Ald. Holmes I. DECLARATION OF QUORUM A quorum being present, Ald. Holmes called the meeting to order at 6:12 p.m. II. APPROVAL OF REGULAR MEETING MINUTES OF SEPTEMBER 22, 2014 Ald . Burrus moved to approve the minutes of the September 22, 2014 A&PW meeting as submitted, seconded by Ald. Grover. The minutes of the September 22, 2014 meeting were approved unanimously 5- 0. III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through September 21, 2014 $2,728,279.51 (A2) City of Evanston Bills – October 14, 2014 $6,051,237.09 Credit Card Report for period ending August 31, 2014 $ 128,220.55 For Action Ald. Holmes moved to approve the City of Evanston Payroll (A1) through September 21, 2014, seconded by Ald. Rainey. The Committee voted unanimously 5-0 to approve the payroll. Ald. Rainey moved to approve the City of Evanston Bills through October 14, 2014 and credit card activity for the period ending August 31, 2014, seconded by Ald. Braithwaite. The Committee voted unanimously 5-0 to approve the bills. (A3.1) Approval of Contract Award to O’Hara Construction, Inc., for the Fire Station No. 2 Interior Renovation Project, Bid (14-01) DRAFT- NOT APPROVED 20 of 323 Administration and Public Works Committee Meeting Minutes of 10-13-14 Page 2 of 8 Staff recommends City Council authorize the City Manager to execute a contract for the Fire Station No. 2 Interior Renovation Project with O’Hara Construction, Inc., (8115 Ridgeway Avenue, Skokie, IL) in the amount of $157,451.72. Funding is provided by FY 2014 CIP (Account 415.26.4150.65502.415827) with a budget of $170,000. For Action Ald. Braithwaite moved to authorize City Council authorize the City Manager to execute a contract for the Fire Station No. 2 Interior Renovation Project with O’Hara Construction, Inc. in the amount of $157,451.72, seconded by Ald. Rainey. The Committee voted unanimously 5-0 to recommend approval of the contract. (A3.2) Approval of Purchase of Trees and Planting Services for Fall 2014 Planting Staff recommends approval of the purchase of 224 trees, and planting services for 100 trees, from Suburban Tree Consortium (STC) in the amount of $53,683.76. Funding is provided by the Parks/Forestry Division budget (Account 2655.65005), and from the “Replant Express” program, which allows residents to pay the cost of the tree plus delivery to be added to the planting list immediately. For Action Ald. Burrus moved to recommend approval of the purchase of 224 trees, and planting services for 100 trees, from Suburban Tree Consortium (STC) in the amount of $53,683.76 as part of the “Replant Express” program, which allows residents to pay the cost of the tree plus delivery to be added to the planting list immediately, seconded by Ald. Grover. Ald. Rainey noted that Replant Express purchased 24 additional trees for quicker planting for residents that pay out of pocket. The Committee voted unanimously 5-0 to recommend approval of the purchase. (A3.3) Approval of Contract with Leathers & Associates for Professional Consulting Services for the Penny Park Renovation Project Staff recommends that City Council authorize the City Manager to execute a sole source contract for playground design and construction administration of the Penny Park Renovation Project with Leathers & Associates (225 South Fulton Street, Ithaca, NY) at a cost of $38,707. Funding is provided by the FY2014 Capital Improvement Program (Account 415398) with a budget of $100,000. For Action Ald. Rainey moved to recommend City Council authorize the City Manager to execute a sole source contract for playground design and construction administration of the Penny Park Renovation Project with Leathers & Associates at a cost of $38,707, seconded by Ald. Braithwaite. PUBLIC COMMENT 21 of 323 Administration and Public Works Committee Meeting Minutes of 10-13-14 Page 3 of 8 Patrick Hughes, owner of a business at 2000 Greenleaf, applauds the renovations at this park. Wheelchair accessibility is very important for parents and grandparents with disabilities to interact with their children. He is in full support of this project. Kelley, Grace, Dylan and Elizabeth Elwood, 2nd ward residents, are in support of the renovations. This is their favorite playground in the City. Kelly had concerns regarding conditions and visibility at the park. Playing hide-and-go-seek is worrisome because of thick, wood beams and narrow pathways. Parts of the park are breaking and have been disabled. She would love to be involved in the build of the park as she believes that community involvement is amazing. It creates bonding and instill pride for those involved. She has reviewed the drawings and feels that a new park would be safer and more accessible to the public. Lauren Borski, 2nd ward resident, thanked the Committee for making this a public process. She was concerned that the multi-use booth is not a part of the new design. She was also concerned about structural failures and current safety standards and ADA compliance issues. She explained that she has not seen any evidence of testing by the City to substantiate these claims. She also researched the parameters for safety and ADA standards. Those standards only apply to existing structures at the time the regulations and laws are passed. There are many parks that were constructed prior to the ADA regulations that are not being torn down. She directed the committee and public to the website www.preservepennypark.com to review more information. Josh Gilbert, 2nd ward resident, appreciates that Leathers and Associates asked for Dewey students for input on the park design. He also agreed with Patrick Hughes regarding the accessibility issue. Ald. Grover noted that this proposal is not a new idea. It has been on the CIP list for a couple of years. She would like to replicate the community build process from the original construction of the park 23 years ago. There have been community meetings, feedback and input from the public. Ald. Rainey added that as an alderman that has been a part of park renovations in her ward, there have been changes made to the design by neighbors up to the last minute. She has no fear that the park has been completely designed and ready to be built. There is more than enough time for input. She felt that the community is very supportive of this project. Any improvements in accessibility would be great for all. Ald. Braithwaite attended a similar project in Valparaiso, IN over the weekend. He met with the organizers of this project and many members of the community. One of the things that stood out was the accessibility issue. A grandmother explained that in the past she had not been able to play at the park with her grandchildren and had to supervise them from outside. He is also very concerned with the visibility and safety at Penny Park. Part of the new design will maintain the parks uniqueness, but will also take into account the safety issues. Ald. Braithwaite added that it has taken 4 meetings to get to this point. Leathers and Associates spoke with children at Dewey and Cherry Pre-School and out together a 22 of 323 Administration and Public Works Committee Meeting Minutes of 10-13-14 Page 4 of 8 rendering based on their input. The next steps are to solidify the contract with Leathers and begin formation of a committee to hold meetings to finalize the project. Ald. Holmes noted that there is ongoing maintenance going on at all of our facilities and parks. She was confident that staff would continue to maintain all City equipment. The Committee voted unanimously 5-0 to recommend approval of the contract. (A4) Single Audit for FY 2013 Staff recommends City Council review and place on file the Single Audit report for the fiscal year ending December 31, 2013. For Action Ald. Grover moved to recommend that City Council review and place on file the Single Audit report for the fiscal year ending December 31, 2013, seconded by Ald. Rainey. Hilda Renteria and Patricia Fear of Prado Renteria provided an unmodified, clean opinion of the Single Audit for FY 2013. There were no new policies adopted. No material weaknesses or significant deficiencies were identified during the course of this audit. The auditors had no disagreements with management and management did not seek a second opinion. Ald. Rainey had no corrections. She acknowledged the Accounting staff and the great job that they do. The Committee voted unanimously 5-0 to recommend approval of the report. (A5) Resolution 79-R-14, Accepting a Grant Award for the Long Term Care Ombudsman Program Staff recommends City Council adoption of Resolution 79-R-14 authorizing the City Manager to sign notification of grant award for the maximum award amount of $28,639 with Age Options to fund and operate the Long Term Care Ombudsman Program for the City of Evanston. For Action Ald. Holmes moved to recommend City Council adoption of Resolution 79-R- 14 authorizing the City Manager to sign notification of grant award for the maximum award amount of $28,639 with Age Options to fund and operate the Long Term Care Ombudsman Program for the City of Evanston, seconded by Ald. Grover. The Committee voted unanimously 5-0 to recommend adoption of the resolution. (A6) Resolution 80-R-14, Accepting Grant Awards in Order to Help Fund a Congregate Senior Meal Program at the Levy Senior Center and Fleetwood- Jourdain Community Center Staff recommends City Council adoption of Resolution 80-R-14 authorizing the City Manager to sign notification of grant awards for the maximum award amount of 23 of 323 Administration and Public Works Committee Meeting Minutes of 10-13-14 Page 5 of 8 $47,556 with Age Options to fund and operate a congregate senior meal program at the Levy Senior Center and Fleetwood-Jourdain Community Center. For Action Ald. Braithwaite moved to recommend City Council adoption of Resolution 80- R-14 authorizing the City Manager to sign notification of grant awards for the maximum award amount of $47,556 with Age Options to fund and operate a congregate senior meal program at the Levy Senior Center and Fleetwood- Jourdain Community Center, seconded by Ald. Grover. At Ald. Rainey’s inquiry, Director of Parks, Recreation and Community Services Joe McRae responded that only one meal per week is served at Fleetwood-Jourdain on Wednesdays. Meals are served five days a week at the Levy Center. The Committee voted unanimously 5-0 to adopt the resolution. (A6.1) Approval of Renewal of Contract Award to Catholic Charities for Senior Meal Food Programs Staff recommends City Council authorize the City Manager to renew the contract between the City of Evanston and Catholic Charities (6212 S. Sangamon, Chicago, IL) to provide a senior congregate meal program at the Levy Senior Center and Fleetwood-Jourdain Community Center for the period October 1, 2014 through September 30, 2015 in the not–to–exceed amount of $4.45 per lunch meal. Total meal program contract value is projected at $47,556. Funding provided by the Fleetwood-Jourdain (3040.65025) and Levy Center (3055.65025) meal program expenditure accounts. For Action Ald. Burrus moved to recommend City Council authorize the City Manager to renew the contract between the City of Evanston and Catholic Charities to provide a senior congregate meal program at the Levy Senior Center and Fleetwood-Jourdain Community Center for the period October 1, 2014 through September 30, 2015 in the not–to–exceed amount of $4.45 per lunch meal for a total meal program contract value of $47,556, seconded by Ald. Grover. The Committee voted unanimously 5-0 to recommend approval of the contract. (A7) Resolution 81-R-14, Authorizing Motor Fuel Tax Funds for General Maintenance of Streets Staff recommends adoption of Resolution 81-R-14 by which City Council would authorize the transfer $700,000 of Motor Fuel Tax Funds for general maintenance of streets by City forces. The fund transfer was approved as part of 2014 budget. For Action Ald. Rainey moved to recommend adoption of Resolution 81-R-14 by which City Council would authorize the transfer $700,000 of Motor Fuel Tax Funds for general maintenance of streets by City forces, seconded by Ald. Burrus. The Committee voted unanimously 5-0 to adopt the resolution. (A8) Ordinance 113-O-14, Amending City Code Section 3-4-6-(P-1) to Allow for Sale of Beer in Twenty-Two Ounce Containers for Off-Site Consumption 24 of 323 Administration and Public Works Committee Meeting Minutes of 10-13-14 Page 6 of 8 Local Liquor Commissioner recommends City Council adoption of Ordinance 113-O- 14, which permits sale of beer in twenty-two (22) ounce containers for off-site consumption for the current Class P-1 liquor license. For Introduction Ald. Grover moved to recommend adoption of Ordinance 113-O-14, which permits sale of beer in twenty-two (22) ounce containers for off-site consumption for the current Class P-1 liquor license, seconded by Ald. Rainey. (A9) Ordinance 114-O-14, Amending City Code Section 3-4-6-(P-2) to Allow for Sale of Beer in Twenty-Two Ounce Containers for Off-Site Consumption Local Liquor Commissioner recommends City Council adoption of Ordinance 114-O- 14, which permits sale of beer in twenty-two (22) ounce containers for off-site consumption for the current Class P-2 liquor license. For Introduction Ald. Grover moved to recommend adoption of Ordinance 114-O-14, which permits sale of beer in twenty-two (22) ounce containers for off-site consumption for the current Class P-2 liquor license, seconded by Ald. Rainey. Niki Hiltwein, 820 Hinman, expressed concern that Item A8 includes P-1 licenses when only a P-2 license holder requested an amendment to the ordinance in order to serve 22-ounce containers of beer. Josh Gilbert, owner of Temperance Beer Company (P-2), attended the Liquor Control Board meeting, but not the owner of Sketchbook Brewery (P-1). Ms. Hiltwein felt very strongly that Sketchbook should have been present at the meeting to seek their own amendment for their liquor class and not piggyback on the P-2 ruling. Ald. Rainey agreed with Ms. Hiltwein. There should be no change without an applicant. She has no problem if the 22-ounce bottles are sold in 2, 4 or 6 packs. She asked Corporation Counsel Farrar how Evanston 1st Liquors is able to sell 22 ounce bottles of beer when there is a limit on a minimum size for single bottles. Corporation Counsel Farrar responded that the Legal Department will follow up with Evanston 1st Liquors on this matter. He also explained that both the P-1 and P-2 licensees were asked to attend the Liquor Control Board meeting to explain the rationale behind 22-ounce bottles. Ald. Grover asked if there was sufficient notice of the Liquor Commission’s consideration of the P-1 license if the P-2 license was the only one on the meeting agenda. Corporation Counsel explained that the Liquor Commission is an advisory body. The Commission received a written notification relative to what the perspective licensees were contemplating with the 22-ounce bottles. The Administrative and Public Works Committee and the full Council makes the final decision on whether to grant the license. Mayor Tisdahl spoke in favor of the 22-ounce containers. She was assured that customers would not drink the expensive craft beers on the street. She explained that there is sufficient notice for voting at a subsequent City Council meeting after 25 of 323 Administration and Public Works Committee Meeting Minutes of 10-13-14 Page 7 of 8 introduction tonight. She apologized for not notifying Ald. Wynne about the change to the P-1 licensee, which is in her ward. Mayor Tisdahl added that Evanston will not maintain its reputation of being a hip city if we are limited to her knowledge of what goes on in bars. Ald. Wynne agrees with Ms. Hiltwein. This is not the correct process to follow. Sketchbook wrote to City staff and asked that the amendment be extended to P-1 licensees. They should have been instructed to apply and attend the Liquor Commission meeting. Ald. Wynne does not object to 22-ounce bottles. However, she requested that the P-1 extension does not occur tonight. She suggested holding this item in committee and determining if it should go back to the Liquor Commission for discussion. Josh Gilbert, Temperance Beer Company, plans to use the 22-ounce bottles for special beers that have been aging in barrels for months. They are usually treated like wine for a special occasion. The typical price for a 22-ounce craft beer is over $15. He is hoping to sell single bottles instead of 2 packs because they are pricier. Ald. Rainey moved to recommend adoption of the ordinance only as it pertains to the P-2 licenses, seconded by Ald. Grover. The Committee voted unanimously 5-0 to adopt the ordinance as amended. (A10) Ordinance 122-O-14, Dissolution of Southwest Tax Increment Finance District Staff recommends adoption of Ordinance 122-O-14 to dissolve the Southwest Tax Increment Finance (TIF) District effective December 31, 2014. For Introduction Ald. Holmes moved to recommend adoption of Ordinance 122-O-14 to dissolve the Southwest Tax Increment Finance (TIF) District effective December 31, 2014, seconded by Ald. Grover. Ald. Rainey noted that this TIF has a 500% increase in valuation of properties in the district. The Committee voted unanimously 5-0 to adopt the ordinance. IV. ITEMS FOR DISCUSSION (APW1)Union Pacific Viaduct Status Staff requests that the Administration & Public Works Committee consider the evaluation of the Union Pacific (UP) railroad viaducts to assess and determine a need to prioritize cosmetic improvements, as well as provide guidance to staff to advance discussions with UP. For Discussion This item was held in Committee at the request of Assistant City Manager/CFO Lyons. Ald. Rainey noted that the Howard Street and Mulford/Chicago Ave. viaducts are not on the list. 26 of 323 Administration and Public Works Committee Meeting Minutes of 10-13-14 Page 8 of 8 (APW2)Credit Card Report Staff requests that the Administration and Public Works Committee receive the Credit Card report. For Discussion Cindy Plante, ICMA Fellow, discussed City Purchasing Card Spending. There are 150 City Purchasing cards and for the first 6 months of 2014 there were $879,913 in total purchases. 21% or $189,910 was spent at Evanston businesses with an average of 816 transactions per month. Parks and Recreation makes the most purchases in the Evanston area. ICMA Fellow Plante explained that p-card spending and usage will continue to be monitored, additional reports will be provided to the committees and staff will be encouraged to shop at Evanston-based businesses. Ald. Grover emphasized that all this information is included for public review in the City Council packet as well as the transparency page of the website. Assistant City Manager Lyons added that this issue will also be discussed with Ald. Braithwaite and the MWEBE Committee. IV. ITEMS FOR DISCUSSION VI. COMMUNICATIONS VII. ADJOURNMENT Ald. Grover moved to adjourn, seconded by Ald. Braithwaite. The Committee voted unanimously 5-0 to adjourn. The meeting was adjourned at 7:23p.m. Respectfully submitted, Janella Hardin 27 of 323 To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/Chief Financial Officer Tera Davis, Accounts Payable Coordinator Subject: City of Evanston Payroll and Bills Date: October 22, 2014 Recommended Action: Staff recommends approval of the City of Evanston Payroll and Bills List. Continuing in 2014 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 – Sept. 22nd, 2014 through Oct. 05th, 2014 $2,641,880.71 (Payroll includes employer portion of IMRF, FICA, and Medicare) Bills List – Oct. 28, 2014 $2,183,663.39 General Fund Amount – Bills list $ 341,162.66 General Fund Amount – Supplemental list $ 1,474.00 General Fund Total: $ 342,636.66 TOTAL AMOUNT OF BILLS LIST & PAYROLL $4,825,544.10 *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 October 27, 2014 Item A1/A2 Business of the City by Motion: City Payroll and Bills For Action Memorandum 28 of 323 CITY OF EVANSTON BILLS LIST PERIOD ENDING 10/28/2014 100 GENERAL FUND 21650 NATIONAL GUARDIAN LIFE INSURANCE CO. MONTHLY INVOICE 339.39 22771 W S DARLEY & CO CFA HELMETS 3,299.00 41420 DIRECTOR, ILLINOIS STATE POLICE SEIZED FUNDS CASE #14-22678 340.00 41420 DIRECTOR, ILLINOIS STATE POLICE SEIZED FUNDS CASE # 14-14219 491.47 41420 DIRECTOR, ILLINOIS STATE POLICE SEIZED FUNDS CASE # 14-16605 1,933.98 41420 DIRECTOR, ILLINOIS STATE POLICE SEIZED FUNDS CASE # 14-21446 841.95 41420 BLEDSOE, JOY SEIZED FUNDS CASE # 14-21446 100.00 41420 ESQUIVEL, PALOMA SEIZED FUNDS CASE # 14-22678 340.00 100 GENERAL SUPPORT FUND Total 7,685.79 1300 CITY COUNCIL 62360 NATIONAL LEAGUE OF CITIES 2015 MEMBERSHIP DUES 5,952.00 1300 CITY COUNCIL Total 5,952.00 1505 CITY MANAGER 62295 JONATHAN WILLIAMS-KINSEL REIMBURSEMENT ICMA 210.19 62341 TRUIST, INC.ANNUAL FEE 5,000.00 62360 GLOBAL PHILANTHROPY PARTNERSHIP 2015 USDN CORE MEMBERSHIP FOR C. HURLEY 850.00 65010 LOCAL GOV NEWS ONLINE SUBSCRIPTION 720.00 65625 ERGO DEPOT, LLC SIT/STAND DESKS 5,768.40 65625 FORWARD SPACE LLC D/B/A OFFICE OFFICE FURNITURE 1,313.04 1505 CITY MANAGER Total 13,861.63 1510 PUBLIC INFORMATION 62205 ON TRACK FULFILLMENT INC.TEXT A TIP CARDS 205.00 62205 TRAUTMANN, LYNN PICTURES FOR CITY OF EVANSTON 200.00 62205 CARDENAS, ARNULFO HISPANIC HERITAGE MONTH CELEBRATION 100.00 62205 DIEGO SALCEDO ENTERTAINMENT HISPANIC HERITAGE MONTH 400.00 62665 EVANSTON COMMUNITY TV VIDEOGRAPHY SERVICES 2,450.00 1510 PUBLIC INFORMATION Total 3,355.00 1535 SUSTAINABILTY GRANT 65555 DELL COMPUTER CORP.LAPTOP AND DOCKING STATION FOR C HURLEY 895.34 1535 SUSTAINABILTY GRANT Total 895.34 1705 LEGAL ADMINISTRATION 65010 WEST GROUP PAYMENT CTR ONLINE RESEARCH 807.69 65095 TRANSCRIPTION PROFESSIONALS TRANSCRIPTION SERVICES: LEGAL 149.42 1705 LEGAL ADMINISTRATION Total 957.11 1905 ADM.SERVICES- GENERAL SUPPORT 65095 OFFICE DEPOT OFFICE SUPPLIES 65.94 1905 ADM.SERVICES- GENERAL SUPPORT Total 65.94 1910 FINANCE DIVISION - REVENUE 51600 STEPHENS, BOB LOT 14 REFUND 36.00 51620 RUBIN, MORTON REIMBURSEMENT TRANSFER TAX 107.39 62431 GARDA CASH LOGISTICS ARMORED CAR SERVICES 33.06 64541 AZAVAR TECHNOLOGIES UTILITY TAX AUDITS 51.92 65045 THIRD MILLENNIUM ASSOCIATES, INC.THIRD MILLENNIUM ANNUAL FEES 1,490.00 65045 THIRD MILLENNIUM ASSOCIATES, INC.THIRD MILLENNIUM ANNUAL FEES 1,700.00 65095 OFFICE DEPOT OFFICE SUPPLIES 64.23 1910 FINANCE DIVISION - REVENUE Total 3,482.60 1920 FINANCE DIVISION - ACCOUNTING 62185 ACCOUNTEMPS ACCOUNTING SERVICES 1,340.40 62185 ACCOUNTEMPS ACCOUNTS PAYABLE COORD 1,442.80 62185 ACCOUNTEMPS COLLECTION COORD 1,096.13 62280 FEDERAL EXPRESS CORP.SHIPPING 48.72 1920 FINANCE DIVISION - ACCOUNTING Total 3,928.05 1921 TAX ASSESSMENT ADVOCACY 65095 ALLEGRA PRINT & IMAGING BUSINESS CARDS FOR MITZI GIBBS 39.00 1921 TAX ASSESSMENT ADVOCACY Total 39.00 1929 HUMAN RESOURCE DIVISION 62160 LASER ASSOC., STEPHEN A.TESTING FOR PUBLIC SAFETY OFFICERS 2,700.00 62160 TRANS UNION CORP TESTING-POLICE 204.17 62160 THEODORE POLYGRAPH SERVICE, INC.TESTING-POLICE 675.00 62270 NORTH SHORE ENH OMEGA FITNESS FOR DUTY EXAMS 16,068.00 62270 HEALTH ENDEAVORS, S.C.PRE-EMPLOYMENT TESTING-FIRE 735.00 62274 ILLINOIS STATE POLICE BACKGROUND CHECKS 90.00 62512 THE BLUE LINE RECRUITMENT LISTING-POLICE 298.00 65095 EDMARK VISUAL ID ID PRINTER SUPPLIES 208.45 65125 FEDERAL EXPRESS CORP.SHIPPING FEE 33.29 1929 HUMAN RESOURCE DIVISION Total 21,011.91 129 of 323 CITY OF EVANSTON BILLS LIST PERIOD ENDING 10/28/2014 1932 INFORMATION TECHNOLOGY DIVI. 62509 JUNAR, INC OPEN DATA PORTAL FOR PUBLIC DATA 5,000.00 64505 CALL ONE COMMUNICATION CHARGES 16,824.17 65555 DELL COMPUTER CORP.LAPTOP FOR YLDA 1,058.11 1932 INFORMATION TECHNOLOGY DIVI. Total 22,882.28 1941 PARKING ENFORCEMENT & TICKETS 62451 NORTH SHORE TOWING INVOICE FOR IMMOBILIZATION PROGRAM 1,350.00 62451 STARK, WILLIAM TOW REFUND 120.00 64005 COMED UTILITIES 93.64 1941 PARKING ENFORCEMENT & TICKETS Total 1,563.64 2105 PLANNING & ZONING 65095 OFFICE DEPOT OFFICE SUPPLIES 8.97 2105 PLANNING & ZONING Total 8.97 2120 HOUSING REHABILITATION 65095 OFFICE DEPOT OFFICE SUPPLIES 5.49 2120 HOUSING REHABILITATION Total 5.49 2126 BUILDING INSPECTION SERVICES 62150 SAFEBUILT ILLINOIS ANNUAL INSPECTIONS 706.84 62190 CLEAN CITY INNOVATIONS, LLC GRAFFITI REMOVAL 1,990.00 62464 SAFEBUILT ILLINOIS ANNUAL INSPECTIONS 2,403.50 65095 OFFICE DEPOT OFFICE SUPPLIES 193.61 2126 BUILDING INSPECTION SERVICES Total 5,293.95 2205 POLICE ADMINISTRATION 62225 SMITH MAINTENANCE COMPANY JANITORIAL SERVICE 3,043.98 62245 EVANSTON CAR WASH & DETAIL CENTER CAR WASHES 165.99 62360 NELSON, KELLI VICTIM SERVICE ADVOCATE 2,011.72 64005 COMED UTILITIES-SEPTEMBER 214.60 64015 NICOR UTILITIES 161.96 65125 ADRIEN, DUCKENS PROPERTY REIMBURSEMENT 78.00 68205 NATIONAL AWARD SERVICES 311 MAGNET 1,633.50 68205 NATIONAL AWARD SERVICES RETIREMENT PLAQUE 360.00 2205 POLICE ADMINISTRATION Total 7,669.75 2210 PATROL OPERATIONS 65020 ARTISTIC ENGRAVING BADGES & EMBLEMS 44.02 65020 ARTISTIC ENGRAVING RETIREMENT STAR 309.22 65085 TACTICAL MEDICAL SOLUTIONS, INC.DOK KITS 430.24 2210 PATROL OPERATIONS Total 783.48 2215 CRIMINAL INVESTIGATION 62295 PETTY CASH-DETECTIVE BUREAU OPERATING FUNDSPETTY CASH REIMBURSEMENT 500.00 2215 CRIMINAL INVESTIGATION Total 500.00 2240 POLICE RECORDS 65095 ILLINOIS PAPER COMPANY COPY PAPER 1,404.00 65095 OFFICE DEPOT OFFICE SUPPLIES-ARCH BOARD 8.69 65095 OFFICE DEPOT OFFICE SUPPLIES-BATTERIES 27.14 65095 OFFICE DEPOT OFFICE SUPPLIES-CLIPS 1.06 65095 OFFICE DEPOT OFFICE SUPPLIES-DIARY 24.02 65095 OFFICE DEPOT OFFICE SUPPLIES-FILES 18.79 65095 OFFICE DEPOT OFFICE SUPPLIES-PENS/CLIPS/STAPLES 89.08 65095 OFFICE DEPOT OFFICE SUPPLIES-PENS/WIPES 36.80 65095 OFFICE DEPOT OFFICE SUPPLIES-STAPLER 35.79 65095 OFFICE DEPOT OFFICE SUPPLIES-TONER 63.19 2240 POLICE RECORDS Total 1,708.56 2250 SERVICE DESK 65125 LAUNDRY WORLD PRISONER BLANKETS 140.00 2250 SERVICE DESK Total 140.00 2255 OFFICE-PROFESSIONAL STANDARDS 61055 NET TRANSCRIPTS, INC. TRANSCRIPTS 12.60 2255 OFFICE-PROFESSIONAL STANDARDS Total 12.60 2260 OFFICE OF ADMINISTRATION 62295 PARROTT, JASON S MEALS-IACP 300.00 62295 BRIAN BARTZ MEALS-IACP CONFERENCE 50.00 65555 DELL COMPUTER CORP. 5 DESKTOPS FOR POLICE 4,521.60 2260 OFFICE OF ADMINISTRATION Total 4,871.60 2270 TRAFFIC BUREAU 65125 MCINTYRE, DANIEL TOW REFUND 305.00 2270 TRAFFIC BUREAU Total 305.00 230 of 323 CITY OF EVANSTON BILLS LIST PERIOD ENDING 10/28/2014 2280 ANIMAL CONTROL 62225 ANDERSON PEST CONTROL PEST MANAGEMENT 52.76 64015 NICOR UTILITIES-SEPTEMBER 229.64 65085 ALARM DETECTION SYSTEMS, INC.ALARM SERVICES 171.95 65125 MCCORMICK ANIMAL HOSPITAL ANIMAL HOSPITAL SERVICES 1,605.20 65125 PETSMART KITTY LITTER 41.95 2280 ANIMAL CONTROL Total 2,101.50 2305 FIRE MGT & SUPPORT 62315 FEDERAL EXPRESS CORP.SHIPPING 33.62 64015 NICOR UTILITIES 804.72 65020 AIR ONE EQUIPMENT PPE 349.00 65020 AIR ONE EQUIPMENT REPAIR PARTS 161.00 65070 HENRICHSEN FIRE & SAFETY EXTINGUISHER REFILL 176.80 2305 FIRE MGT & SUPPORT Total 1,525.14 2310 FIRE PREVENTION 62245 MINUTEMAN PRESS POSTERS 121.82 2310 FIRE PREVENTION Total 121.82 2315 FIRE SUPPRESSION 62295 NORTH SHORE TOWING TRAINING PROP 1,800.00 62295 LAKE & MCHENRY COUNTY FD SRT FIRE FIGHTER TRAINING 220.00 62295 DJS SCUBA LOCKER, INC.FIRE FIGHTER TRAINING 623.00 62430 SMITH MAINTENANCE COMPANY JANITORIAL SERVICE 626.19 62509 PRAXAIR DISTIBUTION INC OXYGEN 494.67 62521 EMSAR CHICAGO/MILWAUKEE STRETCHER MAINTENANCE 4,108.78 65015 PRAXAIR DISTIBUTION INC OXYGEN 528.37 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 468.76 65075 EMERGENCY MEDICAL PRODUCT EMS SUPPLIES 397.75 65085 AIR ONE EQUIPMENT METER REPAIR 142.84 65085 AIR ONE EQUIPMENT TOOL REPAIR 183.34 2315 FIRE SUPPRESSION Total 9,593.70 2435 FOOD AND ENVIRONMENTAL HEALTH 62345 COOK COUNTY RECORDER OF DEEDS RECORDINGS 80.00 62605 ROSE PEST SOLUTIONS PEST CONTROL 7,198.00 65095 OFFICE DEPOT OFFICE SUPPLIES 93.50 2435 FOOD AND ENVIRONMENTAL HEALTH Total 7,371.50 2440 VITAL RECORDS 62490 ILLINOIS DEPARTMENT OF PUBLIC HEALTH DEATH CERTIFICATES 1,400.00 2440 VITAL RECORDS Total 1,400.00 2460 COMMUNITY PURCHASED SERVICES 62490 PRESENCE BEHAVIORAL HEALTH MENTAL HEALTH CRISIS SERVICES JULY-SEPT2014 18,333.33 2460 COMMUNITY PURCHASED SERVICES Total 18,333.33 2605 DIRECTOR OF PUBLIC WORKS 65095 OFFICE DEPOT OFFICE SUPPLIES 55.48 2605 DIRECTOR OF PUBLIC WORKS Total 55.48 2610 MUNICIPAL SERVICE CENTER 62225 SMITHEREEN PEST MANAGEMENT SERVICES PEST CONTROL 186.00 62235 MIDWEST TIME RECORDER TIME CLOCK EQUIPMENT 168.00 62430 SMITH MAINTENANCE COMPANY JANITORIAL SERVICE 1,450.68 62518 FOX VALLEY FIRE & SAFETY FIRE ALARM SYSTEM 1,274.00 64015 NICOR UTILITIES 902.05 65005 LURVEY LANDSCAPE SUPPLY SERVICE CENTER LANDSCAPING 490.00 65005 MIDWEST GROUNDCOVERS SERVICE CENTER LANDSCAPING 1,023.15 65005 INTRINSIC PERENNIAL GARDENS, INC.SERVICE CENTER LANDSCAPING 616.12 65040 WAREHOUSE DIRECT INC.JANITORIAL SUPPLY 1,470.47 65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 77.90 2610 MUNICIPAL SERVICE CENTER Total 7,658.37 2620 E.D.O.T. ADMINISTRATION 65095 OFFICE DEPOT OFFICE SUPPLIES 511.22 2620 E.D.O.T. ADMINISTRATION Total 511.22 2625 ENGINEERING 62210 FEDERAL EXPRESS CORP.SHIPPING 26.98 2625 ENGINEERING Total 26.98 2630 TRAFFIC ENGINEERING 65095 OFFICE DEPOT OFFICE SUPPLIES 76.35 2630 TRAFFIC ENGINEERING Total 76.35 331 of 323 CITY OF EVANSTON BILLS LIST PERIOD ENDING 10/28/2014 2640 TRAF. SIG. & ST. LIGHT. MAINT 64006 COMED UTILITIES 44,665.58 64007 COMED UTILITIES 14,980.66 64008 COMED UTILITIES 114.79 64008 MC SQUARED ENERGY UTILITIES 5.38 2640 TRAF. SIG. & ST. LIGHT. MAINT Total 59,766.41 2650 PARKS AND FORESTRY ADMIN 62375 METROPOLITAN WATER RECLAMATION DISTRICT RENTAL FEE 1,300.00 65095 OFFICE DEPOT OFFICE SUPPLIES 37.26 2650 PARKS AND FORESTRY ADMIN Total 1,337.26 2655 PARKS & FORESTRY MAINT. & OPER. 62195 COMED UTILITIES 32.03 62195 LANDSCAPE CONCEPTS MANAGEMENT, INC. GREEN BAY RD LANDSCAPE MAINTENANCE 2,553.71 62195 LANDSCAPE CONCEPTS MANAGEMENT, INC. HOWARD ST. LANDSCAPE MAINTENANCE 532.00 62195 LANDSCAPE CONCEPTS MANAGEMENT, INC. MAIN ST STREETSCAPE MAINTENANCE 518.00 62199 LURVEY LANDSCAPE SUPPLY RETURN -368.75 62199 KOMPAN, INC.CARGO NET-DOBSON-BRUMMEL PARK 1,457.87 62199 KOMPAN, INC.HEX SOCKET SCREW 30.20 62385 SAVATREE TREE REMOVAL 3,040.00 62385 SUNRISE TREE SERVICE INC TREE REMOVAL 5,560.00 65005 LURVEY LANDSCAPE SUPPLY LANDSCAPING 958.75 65005 WEST CENTRAL MUNICIPAL CONFERENCE LANDSCAPING 300.00 65055 GROVER WELDING COMPANY CUTTING MATERIAL 87.20 65070 NATIONAL AWARD SERVICES MEMORIAL BENCH PLAQUES 40.00 65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 66.93 2655 PARKS & FORESTRY MAINT. & OPER. Total 14,807.94 2670 STREET AND ALLEY MAINTENANCE 62415 SHRED ALL RECYCLING SYSTEMS INC TIRE RECYCLING 295.11 62415 G & L CONTRACTORS, INC DEBRIS HAULING (13-63)7,200.00 65055 ARROW ROAD CONSTRUCTION HOT ASPHALT MIX CONTRACT EXTENSION 1,499.16 65055 PETER BAKER & SON CO.FY2014 COLD PATCH MATERIAL PURCHASE 8,416.10 65055 OZINGA CHICAGO RMC, INC.CONCRETE CONTRACT EXTENSION 5,102.00 65095 OFFICE DEPOT OFFICE SUPPLIES 16.82 65115 ARTS & LETTERS LTD.TEMPORARY NO PARKING SIGNS 611.00 65115 MIDWEST FENCE COMPANY EMERGENCY GUARD RAIL REPAIR 1,761.00 65115 TRAFFIC CONTROL & PROTECTION, INC.TRAFFIC CONTROL-BIG FORK EVENT 1,225.00 2670 STREET AND ALLEY MAINTENANCE Total 26,126.19 2677 FACILITIES 62225 ANDERSON PEST CONTROL PEST CONTROL 928.40 62225 MARK VEND COMPANY VENDING SERVICE 380.23 62225 SMITH MAINTENANCE COMPANY JANITORIAL SERVICE 4,669.91 62245 COMCAST CABLE COMMUNICATION CHARGES 33.72 64015 NICOR UTILITIES 291.32 65040 WAREHOUSE DIRECT INC.JANITORIAL SUPPLY 232.50 65050 USA MOBILITY WIRELESS, INC.SERVICE AGREEMENT 34.02 65050 CONSERV FS SNOW FENCE 1,441.85 65050 NORTHERN SAFETY CO. INC.BUILDING SUPPLIES 66.66 65050 OFFICE DEPOT OFFICE SUPPLIES 2,793.90 65050 PATTEN INDUSTRIES BUILDING SUPPLIES 1,093.00 65050 SUPREME SHEET METAL WORKS DRAIN PAN 155.00 65050 THYSSENKRUPP ELEVATOR ELEVATOR REPAIR 1,237.50 65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 204.64 65095 OFFICE DEPOT OFFICE SUPPLIES 624.24 2677 FACILITIES Total 14,186.89 3025 PARK UTILITIES 64005 COMED UTILITIES 3,528.49 64005 MC SQUARED ENERGY UTILITIES 844.10 64015 NICOR UTILITIES 962.15 3025 PARK UTILITIES Total 5,334.74 3030 CROWN COMMUNITY CENTER 62505 GARY KANTOR INSTRUCTOR FOR MAGIC CLASS 168.00 62505 MICHELLE A. VAN DER KARR ADULT DANCE INSTRUCTOR 200.00 64005 MC SQUARED ENERGY UTILITIES 2,718.26 64015 NICOR UTILITIES 186.57 3030 CROWN COMMUNITY CENTER Total 3,272.83 3035 CHANDLER COMMUNITY CENTER 64005 MC SQUARED ENERGY UTILITIES 1,029.45 64015 NICOR UTILITIES 117.36 65095 OFFICE DEPOT OFFICE SUPPLIES 210.23 3035 CHANDLER COMMUNITY CENTER Total 1,357.04 432 of 323 CITY OF EVANSTON BILLS LIST PERIOD ENDING 10/28/2014 3040 FLEETWOOD JOURDAIN COM CT 62375 KEVIN SPARKMON PRIVATE SECURITY FOR RENTAL AT FJCC 136.00 62495 ANDERSON PEST CONTROL MONTHLY EXTERMINATION SERVICE 663.67 64005 MC SQUARED ENERGY UTILITIES 2,423.95 64015 NICOR UTILITIES 318.18 65110 COMCAST CABLE CABLE SERVICES 102.48 3040 FLEETWOOD JOURDAIN COM CT Total 3,644.28 3045 FLEETWOOD/JOURDAIN THEATR 62490 JUNEITHA SHAMBEE ASST. DIRECTOR 567.00 3045 FLEETWOOD/JOURDAIN THEATR Total 567.00 3050 RECREATION OUTREACH PROGRAM 65095 OFFICE DEPOT OFFICE SUPPLIES 51.18 3050 RECREATION OUTREACH PROGRAM Total 51.18 3055 LEVY CENTER SENIOR SERVICES 56045 ILLINOIS DEPT OF REVENUE *SALES TAX SEPTEMBER 2014 41.00 62245 WILLIAM SCHWARTZ PIANO SERVICE BI-ANNUAL PIANO TUNING SERVICE 150.00 62360 IL ASSOC OF LONG TERM CARE OMBUDSMEN MEMBERSHIP FOR AUDREY THOMPSON 60.00 62495 ANDERSON PEST CONTROL MONTHLY EXTERMINATOR SERVICES 44.94 62505 BAKER, BRADLEY DIRECTOR OF CHILDREN'S THEATRE 510.00 62505 HOFFMAN, ELIZABETH COSTUME DESIGNING 400.00 62505 DEALY, MATTHEW JOSEPH ASST. DIRECTOR ECT 300.00 62505 ARLENE M KASPIK 15 WKS OF SQUARE DANCE INSTRUCTION 600.00 62509 HENRICHSEN FIRE & SAFETY ANNUAL FIRE EXTINGUISHER INSPECTION 65.00 62509 TYCO INTEGRATED SECURITY LLC QUARTERLY CHARGE FIRE PANEL SERVICE 165.00 62511 COMCAST CABLE COMMUNICATION CHARGES 134.09 62695 BEST TAXI REIMBURSEMENT TAXI COUPONS 3,486.00 62695 303 TAXI REIMBURSEMENT FOR TAXI COUPONS 11,196.00 62695 METRO CABS 1 LLC REIMBURSEMENT FOR TAXI COUPONS 84.00 64005 MC SQUARED ENERGY UTILITIES 4,628.66 64015 NICOR UTILITIES 217.99 65025 CATHOLIC CHARITIES OF CHICAGO CONGREGATE MEAL PROGRAM 2,947.36 65095 OFFICE DEPOT OFFICE SUPPLIES 188.88 3055 LEVY CENTER SENIOR SERVICES Total 25,218.92 3080 BEACHES 64005 MC SQUARED ENERGY UTILITIES 102.92 65040 LAPORT INC JANITORIAL SUPPLIES FOR JAMES PARK 105.00 3080 BEACHES Total 207.92 3095 CROWN ICE RINK 62245 JORSON & CARLSON ICE SCRAPER KNIVES CLEANED/SHARPENED 35.49 62251 WOODS DECORATING PAINTING OF ROOMS/ TOUCH UP OF RINK WALLS 1,200.00 62490 POSITIVE CONNECTIONS, INC.2 BUSES TO BRUNSWICK ZONE 418.00 62490 POSITIVE CONNECTIONS, INC.3 BUSES: CAMP TRIP TO GREAT AMERICA 1,056.00 62490 POSITIVE CONNECTIONS, INC.3 BUSES:DAWES SCHOOL TO BRUNSWICK ZONE 396.00 62490 POSITIVE CONNECTIONS, INC.BUS TO EVANSTON HIGH SCHOOL 88.00 62490 POSITIVE CONNECTIONS, INC.SUMMER CAMP TRIP TO BEACH 132.00 62490 POSITIVE CONNECTIONS, INC.TWEEN CAMP FROM KINGLEY TO BEACH 253.00 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL SERVICES 79.00 62508 SHAWN PFEIFFER REFEREE FOR ADULT BROOMBALL 450.00 62508 MATTHEW LEVI SCOREKEEPER FOR ADULT BROOMBALL 215.00 62508 LAPPING, RENEE SCOREKEEPING FOR ADULT BROOMBALL 195.00 64005 MC SQUARED ENERGY UTILITIES 8,154.79 64015 NICOR UTILITIES 559.71 65095 OFFICE DEPOT OFFICE SUPPLIES 88.74 3095 CROWN ICE RINK Total 13,320.73 3110 TENNIS 62505 E-TOWN TENNIS TENNIS INSTRUCTION 7,561.35 3110 TENNIS Total 7,561.35 3215 YOUTH ENGAGEMENT DIVISION 65110 OFFICE DEPOT OFFICE SUPPLIES 211.19 3215 YOUTH ENGAGEMENT DIVISION Total 211.19 3605 ECOLOGY CENTER 62490 PRINCE CORPORATION BIRDSEED FOR RESALE BLANKET PO 2014 730.50 62495 ANDERSON PEST CONTROL MONTHLY PEST SERVICES 64.97 62518 ALARM DETECTION SYSTEMS, INC.ANNUAL FEE FOR ADS BURGLAR ALARM 438.12 64005 COMED UTILITIES 387.42 64005 MC SQUARED ENERGY UTILITIES 287.90 65040 LAPORT INC JANITORIAL SUPPLIES 123.06 3605 ECOLOGY CENTER Total 2,031.97 533 of 323 CITY OF EVANSTON BILLS LIST PERIOD ENDING 10/28/2014 3700 NOYES CULTURAL ARTS CTR 62210 QUARTET COPIES NOYES GALLERY SUPPLIES 31.00 3700 NOYES CULTURAL ARTS CTR Total 31.00 3710 NOYES CULTURAL ARTS CENTER 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL SERVICE 39.14 62518 ALARM DETECTION SYSTEMS, INC.ANNUAL ALARM REPAIR SERVICE CONTRACT 270.65 64005 MC SQUARED ENERGY UTILITIES 1,312.31 64015 NICOR UTILITIES 303.73 65050 CHICAGO SPOTLIGHT DIMMER PACK RENTAL 3,500.00 3710 NOYES CULTURAL ARTS CENTER Total 5,425.83 3720 CULTURAL ARTS PROGRAMS 62210 ALLEGRA PRINT & IMAGING SIGNAGE FOR CIVIC CENTER CHAMBER EXHIBITION 78.00 62210 ON TRACK FULFILLMENT INC.POSTCARDS FOR COE ART EXHIBITION 90.00 62511 HAND, EILEEN GUEST ARTIST FOR ACTING BOOT CAMP 200.00 65095 OFFICE DEPOT OFFICE SUPPLIES 76.72 3720 CULTURAL ARTS PROGRAMS Total 444.72 3805 FACILITIES ADMINISTRATION 64005 COMED UTILITIES 54.26 3805 FACILITIES ADMINISTRATION Total 54.26 3806 CIVIC CENTER SERVICES 64015 NICOR UTILITIES 447.93 3806 CIVIC CENTER SERVICES Total 447.93 100 GENERAL FUND Total 341,162.66 205 EMERGENCY TELEPHONE (E911) FUND 5150 EMERGENCY TELEPHONE SYSTM 62509 IRON MOUNTAIN OSDP OFF-SITE DATA PROTECTION MONTHLY EXPENSES 348.20 64505 AT & T COMMUNICATION CHARGES-SEPTEMBER 477.20 65625 TEMPERATURE EQUIPMENT AIR CONDITIONERS AND PARTS 868.00 5150 EMERGENCY TELEPHONE SYSTM Total 1,693.40 205 EMERGENCY TELEPHONE (E911) FUND Total 1,693.40 215 CDBG FUND 5200 HOUSING ASSISTANCE 62825 STAT ANALYSIS CORPORATION LEAD CLEARANCE TEST 141.50 62825 SOULE, DONALD SECURITY IMPROVEMENTS 1,385.48 5200 HOUSING ASSISTANCE Total 1,526.98 5203 HANDYMAN 63095 GOSS & ASSOCIATES, INC. HANDY MAN PROGRAM 2,263.02 5203 HANDYMAN Total 2,263.02 5220 CDBG ADMINISTRATION 62205 EVANSTON ROUNDTABLE LLC PUBLIC NOTICE FOR HUD 2015-1029 PLAN 425.00 65095 OFFICE DEPOT OFFICE SUPPLIES 36.41 5220 CDBG ADMINISTRATION Total 461.41 215 CDBG FUND Total 4,251.41 220 CDBG LOAN 5280 CD LOAN 62190 EQUIFAX CREDIT CREDIT CHECK 22.96 5280 CD LOAN Total 22.96 5285 MULTI FAM REHAB PROGRAM 65535 STAT ANALYSIS CORPORATION LEAD CLEARANCE TEST 424.00 5285 MULTI FAM REHAB PROGRAM Total 424.00 220 CDBG LOAN FUND Total 446.96 225 ECONOMIC DEVELOPMENT FUND 5300 ECON. DEVELOPMENT FUND 62660 P. S. IT'S SOCIAL D/B/A CURT'S CAFE GRANT PAYMENT FOR STUDENTS 3,000.00 5300 ECON. DEVELOPMENT FUND Total 3,000.00 225 ECONOMIC DEVELOPMENT FUND Total 3,000.00 634 of 323 CITY OF EVANSTON BILLS LIST PERIOD ENDING 10/28/2014 240 HOME FUND 5430 HOME FUND 62490 COOK COUNTY RECORDER OF DEEDS RECORDINGS 306.00 65535 CONNECTIONS FOR THE HOMELESS TBRA HOME PROGRAM- AUG 19,843.71 65535 CONNECTIONS FOR THE HOMELESS TBRA HOME PROGRAM JULY 18,661.42 65535 CONNECTIONS FOR THE HOMELESS TBRA HOME PROGRAM SEPT 13,789.66 5430 HOME FUND Total 52,600.79 240 HOME FUND Total 52,600.79 300 WASHINGTON NATIONAL TIF FUND 5476 CAPITAL PROJ.-WASHINGTON TIF 65515 QUARTET COPIES JOINT REVIEW BOARD MEETING 245.70 5476 CAPITAL PROJ.-WASHINGTON TIF Total 245.70 300 WASHINGTON NATIONAL TIF FUND Total 245.70 310 HOWARD-HARTREY TIF 5500 HOWARD-HARTREY TIF DEBT SRVCE 65515 QUARTET COPIES JOINT REVIEW BOARD MEETING 245.70 5500 HOWARD-HARTREY TIF DEBT SRVCE Total 245.70 310 HOWARD-HARTREY TIF FUND Total 245.70 315 SOUTHWEST TIF FUND 5540 SOUTHWEST TIF DEBT SERVIC 65515 QUARTET COPIES JOINT REVIEW BOARD MEETING 245.70 5540 SOUTHWEST TIF DEBT SERVIC Total 245.70 315 SOUTHWEST TIF FUND Total 245.70 320 DEBT SERVICE FUND 5717 2014A G.O. BONDS 62350 FITCH RATINGS, INC. GO CORP BONDS 2014 15,000.00 5717 2014A G.O. BONDS Total 15,000.00 320 DEBT SERVICE FUND Total 15,000.00 330 HOWARD-RIDGE TIF FUND 5860 HOWARD RIDGE TIF 56010 SMITH MAINTENANCE COMPANY JANITORIAL SERVICES 425.00 65515 QUARTET COPIES JOINT REVIEW BOARD MEETING 245.70 5860 HOWARD RIDGE TIF Total 670.70 330 HOWARD-RIDGE TIF FUND Total 670.70 335 WEST EVANSTON TIF FUND 5870 WEST EVANSTON TIF 65515 QUARTET COPIES JOINT REVIEW BOARD MEETING 245.70 5870 WEST EVANSTON TIF Total 245.70 335 WEST EVANSTON TIF FUND Total 245.70 415 CAPITAL IMPROVEMENTS FUND 4150 CAPITAL PROJECTS 415555 62135 JOHN RONAN ARCHITECT LLC *ARCHITECTURAL SERVICES 10,000.00 416455 62145 GEWALT HAMILTON ASSOCIATES, INC.LADD ARBORETUM SURVEY UPDATE 4,800.00 415924 62145 INFRASTRUCTURE ENGINEERING, INC ENGINEERING SERVICES-CENTRAL ST PROJECT 54,861.65 415414 65502 CLAUSS BROTHERS, INC.ARRINGTON LAKEFRONT LAGOON CONSTRUCTION 266,440.50 415177 65510 L. MARSHALL ROOFING & SHEET METAL INC L.MARSHALL ROOF REPLACEMENT 36,987.16 415864 65515 CIORBA GROUP, INC SAFE ROUTES-CONSTRUCTION 7,190.46 416448 65515 DOME CORPORATION SALT DOME REPLACEMENT 45,000.00 416448 65515 DOME CORPORATION SALT DOME REPLACEMENT 34,380.00 415942 65515 ESI CONSULTANTS, LTD EMERSON/RIDGE/GREENBAY PROJECT 9,323.25 415941 65515 HAMPTON,LENZINI AND RENWICK DEMPSTER STREET MODERNIZATION 3,771.76 415568 65050 MCCAULEY MECHANICAL SERVICE EMERGENCY HVAC REPAIR 2,242.35 4150 CAPITAL PROJECTS Total 474,997.13 415 CAPITAL IMPROVEMENTS FUND Total 474,997.13 735 of 323 CITY OF EVANSTON BILLS LIST PERIOD ENDING 10/28/2014 505 PARKING SYSTEM FUND 7005 PARKING SYSTEM MGT 53410 STEPHENS, BOB LOT 14 REFUND 114.00 62280 FEDERAL EXPRESS CORP.SHIPPING 52.87 62431 GARDA CASH LOGISTICS COIN BOX PROCESSING 1,756.89 65515 URBAN WORKS COMPREHENSIVE SIGN ANALYSIS 28,641.60 7005 PARKING SYSTEM MGT Total 30,565.36 7015 PARKING LOTS & METERS 62230 METRO DOOR AND DOCK, INC.DOOR REPAIR 250.00 62245 TOTAL PARKING SOLUTIONS, INC.CALE PAY STATION/WEB OFFICE - LOT 10 LIBRARY #1 780.00 62245 TOTAL PARKING SOLUTIONS, INC.RECEIPT PAPER FOR PARKING TERMINALS 643.00 64005 COMED UTILITIES 690.70 65070 DUNCANPARKING TECHNOLOGIES, INC.MONTHLY AUTOTRAX FEE 12,375.75 65070 PASSPORT PARKING, INC`MONTHLY MOBILE PAY FEE 1,535.80 65070 IPS GROUP, INC.MONTHLY IPS METER TRANSACTION 190.80 7015 PARKING LOTS & METERS Total 16,466.05 7025 CHURCH STREET GARAGE 53515 NORY, LAIDI ACCESS CARD DEPOSIT REFUND - CHURCH 25.00 53515 CHANG, CAROL ACCESS CARD DEPOSIT REFUND - CHURCH 25.00 53515 TANG, SHIHUA ACCESS CARD DEPOSIT REFUND - CHURCH 25.00 53515 JENKINS, KATHLEEN ACCESS CARD DEPOSIT REFUND - CHURCH 25.00 53515 BOUDREAU, JENNIFER ACCESS CARD DEPOSIT REFUND - CHURCH 25.00 62400 CENTRAL PARKING SYSTEM OF ILLINOIS PARKING LOT MANAGEMENT 25,345.05 62509 SIMPLEX TIME RECORDER ANNUAL FIRE ALARM MONITORING SERVICE FEE 450.00 62509 SIMPLEX TIME RECORDER ANNUAL SERVICE AGREEMENT 1,195.00 64005 MC SQUARED ENERGY UTILITIES 1,863.62 64505 CALL ONE COMMUNICATION CHARGES 2,328.39 7025 CHURCH STREET GARAGE Total 31,307.06 7036 SHERMAN GARAGE 53515 SPAETH, DANIEL ACCESS CARD DEPOSIT REFUND - SHERMAN 25.00 53515 PELAEZ, KENNY ACCESS CARD DEPOSIT REFUND - SHERMAN 25.00 53515 WANG, PMXIA PRESTON ACCESS CARD DEPOSIT REFUND - SHERMAN 25.00 53515 VAZQUEZ, EDWARDO ACCESS CARD DEPOSIT REFUND - SHERMAN 50.00 53515 ZAMPA, DAVID ACCESS CARD DEPOSIT REFUND - SHERMAN 25.00 53515 POWELL-MALLOY, JENNA ACCESS CARD DEPOSIT REFUND - SHERMAN 25.00 53515 GIESE, KEVIN ACCESS CARD DEPOSIT REFUND - SHERMAN 25.00 53515 ROSENBLATT, RACHEL ACCESS CARD DEPOSIT REFUND - SHERMAN 25.00 53515 WANG, SHOUQIAN ACCESS CARD DEPOSIT REFUND - SHERMAN 25.00 53515 HAN, LANSHAN ACCESS CARD DEPOSIT REFUND - SHERMAN 25.00 53515 DUDLEY, VICTORIA ACCESS CARD DEPOSIT REFUND - SHERMAN 25.00 53515 YING WU C/O YIPENG ZHOU ACCESS CARD DEPOSIT REFUND - SHERMAN 25.00 53515 OLIVER, JON ACCESS CARD DEPOSIT REFUND - SHERMAN 25.00 53515 CARON, ANDREALYN ACCESS CARD DEPOSIT REFUND - SHERMAN 25.00 53515 XIE, YUSHENG ACCESS CARD DEPOSIT REFUND - SHERMAN 25.00 53515 FAIN, COLLEEN ACCESS CARD DEPOSIT REFUND - SHERMAN 25.00 53515 JOHN VASEY ACCESS CARD DEPOSIT REFUND - SHERMAN 25.00 62400 CENTRAL PARKING SYSTEM OF ILLINOIS PARKING LOT MANAGEMENT 57,450.38 62509 REVCON TECHNOLOGIES, INC.EMERGENCY REPAIR SERVICES - SHERMAN GARAGE 6,314.75 64005 MC SQUARED ENERGY UTILITIES 4,506.06 64505 CALL ONE COMMUNICATION CHARGES 3,627.45 7036 SHERMAN GARAGE Total 72,348.64 7037 MAPLE GARAGE 53515 SOWNSKI, COLLEEN ACCESS CARD DEPOSIT REFUND - MAPLE 25.00 53515 PIERCE, NATALIE ACCESS CARD DEPOSIT REFUND - MAPLE 25.00 53515 GOODMAN, JEFFREY ACCESS CARD DEPOSIT REFUND - MAPLE 25.00 53515 GILLEN , JASON ACCESS CARD DEPOSIT REFUND - MAPLE 25.00 53515 PIOTRKOWSKI, STEPHEN ACCESS CARD DEPOSIT REFUND - MAPLE 25.00 53515 DAVIS, SAUNDRA ACCESS CARD DEPOSIT REFUND - MAPLE 25.00 53515 WALKOSZ, STANISLAW ACCESS CARD DEPOSIT REFUND - MAPLE 25.00 53515 WISE, ARIANNA ACCESS CARD DEPOSIT REFUND - MAPLE 25.00 53515 NUNEZ, CHRISTIAN ACCESS CARD DEPOSIT REFUND - MAPLE 25.00 53515 LANG, AARON ACCESS CARD DEPOSIT REFUND - MAPLE 25.00 53515 WAHADLO, MARIE ACCESS CARD DEPOSIT REFUND - MAPLE 25.00 53515 WALTER, BROCK ACCESS CARD DEPOSIT REFUND - MAPLE 25.00 62400 CENTRAL PARKING SYSTEM OF ILLINOIS PARKING LOT MANAGEMENT 49,895.98 64005 MC SQUARED ENERGY UTILITIES 3,961.72 64015 NICOR UTILITIES 173.83 64505 CALL ONE COMMUNICATION CHARGES 2,887.63 65050 DEPENDABLE FIRE EQUIPMENT INC.ANNUAL INSPECTION - MAPLE GARAGE 347.50 7037 MAPLE GARAGE Total 57,566.66 836 of 323 CITY OF EVANSTON BILLS LIST PERIOD ENDING 10/28/2014 505 PARKING SYSTEM FUND Total 208,253.77 510 WATER FUND 10220 CITY OF EVANSTON-PETTY CASH PETTY CASH REIMBURSEMENT 216.41 510 WATER FUND SUPPORT Total 216.41 7100 WATER GENERAL SUPPORT 56140 ILLINOIS DEPT OF REVENUE *SALES TAX SEPTEMBER 2014 1,110.00 62295 REHG, KRISTIN REIMBURSEMENT IL. URBAN FOOD AWARENESS 56.61 62315 FEDERAL EXPRESS CORP. SHIPPING 16.62 64505 BYTRONICS, INC., BASIN TECH CENTRE DIGTRACK TICKETS 281.40 65095 OFFICE DEPOT OFFICE SUPPLIES 326.75 7100 WATER GENERAL SUPPORT Total 1,791.38 7105 PUMPING 64005 COMED UTILITIES 63.01 64005 MC SQUARED ENERGY UTILITIES 63,202.09 64015 NICOR UTILITIES 1,178.53 64505 CALL ONE COMMUNICATION CHARGES 406.32 65070 BADGER METER, INC. 4" MAGNETIC METER 1,528.00 7105 PUMPING Total 66,377.95 7110 FILTRATION 62465 UNDERWRITERS LABORATORIES INC. 2014 LABORATORY TESTING 50.00 65015 KEY CHEMICAL, INC. HYDROFLUOSILIC ACID (PER SPEC)24,325.53 65070 BADGER METER, INC.4" MAGNETIC METER 1,482.00 7110 FILTRATION Total 25,857.53 7115 DISTRIBUTION 62210 ON TRACK FULFILLMENT INC.POSTAGE 85.00 62275 ON TRACK FULFILLMENT INC.POSTAGE 40.12 65055 MID AMERICAN WATER OF WAUCONDA INC. WATER DISTRIBUTION SYSTEM MATERIALS (14-06)3,274.98 65055 NATURE'S PERSPECTIVE LANDSCAPING LANDSCAPING 374.64 7115 DISTRIBUTION Total 3,774.74 7120 WATER METER MAINTENANCE 62245 WATER SERVICES COMPANY METER TESTING 1,288.91 7120 WATER METER MAINTENANCE Total 1,288.91 7125 OTHER OPERATIONS 62180 COMED UTILITIES 387.00 62340 INNOVYZE, INC.ANNUAL LICENSE FEE - INFOWATER 6,250.00 7125 OTHER OPERATIONS Total 6,637.00 510 WATER FUND Total 105,943.92 513 WATER DEPR IMPRV & EXTENSION 7330 WATER FUND DEP, IMP, EXT 733105 65515 GLENBROOK EXCAVATING & CONCRETE INC. FINISHED WATER METERING (BID 13-69) 211,029.41 733101 65515 WATER RESOURCES AMI SYSTEM (13-04) - REMAINING AMOUNT 11,838.90 733122 65515 DAHME MECHANICAL INDUSTRIES, INC. CHLORINE FEED SYSTEM IMPROVEMENTS 12,840.00 733074 65515 ERIN ROPE CORPORATION 1.25-INCH DOUBLE BRAID ROPE 4,273.00 7330 WATER FUND DEP, IMP, EXT Total 239,981.31 513 WATER DEPR IMPRV & EXTENSION FUND Total 239,981.31 520 SOLID WASTE FUND 7685 REFUSE COLLECT & DISPOSAL 56155 ILLINOIS DEPT OF REVENUE *SALES TAX SEPTEMBER 2014 147.00 62390 LAKESHORE WASTE SERVICES, LLC CONDO REFUSE COLLECTION 68,973.64 62405 WELLS FARGO BANK, N.A. SWANCC CAPITAL, OPERATIONS & MANAGEMENT COSTS 70,373.60 68310 WELLS FARGO BANK, N.A. SWANCC CAPITAL, OPERATIONS & MANAGEMENT COSTS 3,088.42 7685 REFUSE COLLECT & DISPOSAL Total 142,582.66 7690 RESIDENTIAL RECYCLING COL 64005 COMED UTILITIES 1,113.52 64015 NICOR UTILITIES 113.56 7690 RESIDENTIAL RECYCLING COL Total 1,227.08 520 SOLID WASTE FUND Total 143,809.74 937 of 323 CITY OF EVANSTON BILLS LIST PERIOD ENDING 10/28/2014 600 FLEET SERVICES FUND 7705 GENERAL SUPPORT 64505 CALL ONE COMMUNICATION CHARGES 1,094.28 7705 GENERAL SUPPORT Total 1,094.28 7710 MAJOR MAINTENANCE 62245 SUBURBAN ACCENTS, INC.C.O.E. VEHICLE LOGOS 2,782.35 62275 UNITED PARCEL SERVICE SHIPPING 8.75 62355 CINTAS #22 WEEKLY UNIFORM SERVICE 433.44 62355 CINTAS CORPORATION #769 WEEKLY MAT SERVICE 577.34 65015 1ST AYD CORPORATION HEAVY DUTY WIPERS 897.97 65015 1ST AYD CORPORATION SOLVENTS & PENETRANTS 1,436.73 65035 CITY WELDING SALES & SERVICE INC.WIELDING GASSES 334.42 65035 PALATINE OIL COMPANY, INC 7000 GALLONS BIO DIESEL 21,693.14 65035 PALATINE OIL COMPANY, INC 8000 GALLONS UNLEADED 23,429.68 65060 EQUIPMENT DEPOT OF ILLINOIS 4 TIRES 952.64 65060 CUMBERLAND SERVICENTER #722 VALVE AIR SEAT 213.76 65060 CUMBERLAND SERVICENTER EGR VALVE 598.43 65060 CUMBERLAND SERVICENTER GAUGE COOLANT TEMP 61.87 65060 CUMBERLAND SERVICENTER SEAT PARTS 169.26 65060 CUMBERLAND SERVICENTER VENT CLIPS 19.00 65060 DOUGLAS TRUCK PARTS 10 FIRE EXTINGUISHERS 178.50 65060 DOUGLAS TRUCK PARTS RELAY 32.24 65060 DUECO, INC.#577 HYD LEAK REPAIR 671.42 65060 DUECO, INC.#589 BUCKET TRUCK REPAIR 644.00 65060 DUXLER TIRE & CAR CENTER #67 WHEEL BALANCE 60.00 65060 FLINK COMPANY SNOW PLOW CASTER WHEEL PARTS 8,970.47 65060 GROVER WELDING COMPANY #312 WELD REPAIR 60.00 65060 CHICAGO HARLEY-DAVIDSON # 9 SHIFTER REPAIRS 115.22 65060 CHICAGO HARLEY-DAVIDSON #12 1000 MILE SERVICE 450.23 65060 CHICAGO HARLEY-DAVIDSON #3 CLUTCH REPAIR 98.19 65060 CHICAGO HARLEY-DAVIDSON #8 1000 MILE SERVICE 420.59 65060 HAVEY COMMUNICATIONS INC.4 REBUILT UNITROL 249.20 65060 HAVEY COMMUNICATIONS INC.AIR HORN 149.40 65060 HAVEY COMMUNICATIONS INC.LIGHTS 73.45 65060 HIGH PSI LTD.HYD FITTINGS 473.75 65060 HIGH PSI LTD.TRUCK SOAP WASH 480.00 65060 INTERSTATE BATTERY #563 BATTERY 90.68 65060 INTERSTATE BATTERY 4 BATTERIES 312.86 65060 INTERSTATE BATTERY BATTERY 187.95 65060 INTERSTATE BATTERY BATTERY PURCHASES 120.04 65060 KUSSMAUL ELECTRONICS CO.AUTO PUMP 12 VOLT 517.77 65060 KUSSMAUL ELECTRONICS CO.BRAKE AIR PUMP 517.77 65060 LEACH ENTERPRISES, INC.#321 AIR DRYER 347.62 65060 LEACH ENTERPRISES, INC.#345 BRAKE VALVE 19.57 65060 LEACH ENTERPRISES, INC.20 CASTER WHEEL SEALS 418.85 65060 LEACH ENTERPRISES, INC.AIR DRYER CORE 238.52 65060 LEACH ENTERPRISES, INC.BEARINGS AND SEALS SNOW PLOW WHEELS 1,508.46 65060 LEACH ENTERPRISES, INC.BRAKE VALVE 55.18 65060 LEACH ENTERPRISES, INC.D-2 AIR GOVERNOR 36.00 65060 LEACH ENTERPRISES, INC.HYD HOSE 15.93 65060 LEACH ENTERPRISES, INC.LIGHTING 76.42 65060 LEACH ENTERPRISES, INC.MTG BRACKET 24.92 65060 LEACH ENTERPRISES, INC.PINTLE HOOK EYE 28.81 65060 LEACH ENTERPRISES, INC.R-14 RELAY VALVE 62.93 65060 LEACH ENTERPRISES, INC.STOP LIGHT SWITCH 44.92 65060 LEACH ENTERPRISES, INC.UNLOADER KIT #324 62.94 65060 MCMASTER CARR VULCAN CASTER 103.68 65060 MCMASTER CARR VULCAN CASTER SWIVEL 103.62 65060 MCMASTER CARR WIDE MOUTH HOOK WITH EYE 251.44 65060 MIDWEST FUEL INJECTION SERVICE #945 FUEL INJECTION REPAIRS 1,324.46 65060 NORTH SHORE TOWING #113 TOW TO G.M.F.95.00 65060 NORTH SHORE TOWING #733 TOW TO G.M.F 95.00 65060 REGIONAL TRUCK EQUIPMENT COMPANY 2- CHANNEL LED FLASHER 130.77 65060 RUSSO POWER EQUIPMENT #190 FILTERS 42.86 65060 RUSSO POWER EQUIPMENT #607 OIL & AIR FILTERS 84.30 65060 RUSSO POWER EQUIPMENT #617 PMA FILTERS 79.37 65060 SPRING ALIGN #717 SPRING REPAIR 1,379.76 65060 STANDARD EQUIPMENT COMPANY #667 LOWER WELDMENT 504.38 65060 STANDARD EQUIPMENT COMPANY #954 DEBRIS HOSES 982.05 65060 STANDARD EQUIPMENT COMPANY ACTUATOR LINEAR 1,029.81 65060 STANDARD EQUIPMENT COMPANY D-CARRIER ASSEMBLY 790.81 65060 STANDARD EQUIPMENT COMPANY DIRT SHOE SWEEPER 231.90 65060 STANDARD EQUIPMENT COMPANY DIRT SHOES SWEEPER 162.84 65060 STANDARD EQUIPMENT COMPANY O-RING SEAL-WATER 24.48 65060 STANDARD EQUIPMENT COMPANY SUSPENSION PARTS #667 2,313.50 65060 STANDARD EQUIPMENT COMPANY SWEEPER PARTS 1,564.44 65060 STANDARD EQUIPMENT COMPANY SWEEPER WELDMENT 982.26 1038 of 323 CITY OF EVANSTON BILLS LIST PERIOD ENDING 10/28/2014 65060 STANDARD INDUSTRIAL & AUTOMOTIVE 8 "O" RINGS 30.00 65060 VERMEER MIDWEST #563 OIL SENDER 48.95 65060 VERMEER MIDWEST SWITCH-15 PSI 40.86 65060 WHOLESALE DIRECT INC 2 CHANNEL FLASHER 154.54 65060 WHOLESALE DIRECT INC CORNER LED EMIITER, CEAR 419.32 65060 WHOLESALE DIRECT INC CORNER LED LIGHT HEAD 174.18 65060 WHOLESALE DIRECT INC SPINNER 151.62 65060 WHOLESALE DIRECT INC TRAILER LOG & CRANK ASSY #945 199.88 65060 WINTER EQUIPMENT CO, INC SNOW PLOW CURB GUARDS 1,525.68 65060 WIRFS INDUSTRIES INC.#322 ANNUAL PUMP TEST & REPAIRS 2,903.88 65060 WIRFS INDUSTRIES INC.#324 ANNUAL PUMP TEST 5,515.96 65060 ZARNOTH BRUSH WORKS, INC.10 RUBBER SNOW BLADES 392.40 65060 WEST SIDE EXCHANGE #945 GASKETS 186.91 65060 WEST SIDE EXCHANGE HARDWARE & GASKETS 240.96 65060 WEST SIDE EXCHANGE LUG NUTS #550 74.06 65060 WEST SIDE EXCHANGE ROCKER SWITCH 59.16 65060 GEIB INDUSTRIES, INC.SUCTION HOSE #720 16.38 65060 GLOBAL EMERGENCY PRODUCTS, INC.DOUBLE VALVE CHECK 47.65 65060 GLOBAL EMERGENCY PRODUCTS, INC.SEAT BELT 163.70 65060 FASTENAL COMPANY CARRIAGE BOLTS 176.25 65060 FASTENAL COMPANY CLEVIS PIN 37.56 65060 FASTENAL COMPANY PLOW SHAKER BOLTS 705.00 65060 BILL'S AUTO & TRUCK REPAIR #451 ENTRY DOOR REPAIR 1,142.05 65060 BILL'S AUTO & TRUCK REPAIR ENTRY DOOR REPAIRS TO BUS#504 2,675.52 65060 BILL'S AUTO & TRUCK REPAIR LIGHTING LENS 59.60 65060 A & A TRANSMISSION CORP.REPAIRS 1,425.00 65060 CARQUEST EVANSTON #345 AIR FILTERS 76.68 65060 CARQUEST EVANSTON #563 FUEL FILTER 17.84 65060 CARQUEST EVANSTON #945 BELTS 51.19 65060 CARQUEST EVANSTON 3 FILTERS 99.72 65060 CARQUEST EVANSTON AIR FILTER 8.49 65060 CARQUEST EVANSTON ANTI SEIZE LUBRICANT 91.76 65060 CARQUEST EVANSTON BULBS 87.67 65060 CARQUEST EVANSTON FILTERS 282.44 65060 CARQUEST EVANSTON FUEL FILTERS 245.02 65060 CARQUEST EVANSTON GLOSS SAFETY YELLOW 7.90 65060 CARQUEST EVANSTON HI-POP OIL FILTER-HD 8.34 65060 CARQUEST EVANSTON HOSE CLAMPS 1.06 65060 CARQUEST EVANSTON HYD FILTER 8.20 65060 CARQUEST EVANSTON HYD FITTING 37.37 65060 CARQUEST EVANSTON HYD/TRANS FILTER 14.40 65060 CARQUEST EVANSTON MICRO-V BELT #345 70.30 65060 CARQUEST EVANSTON OIL COOLER LINE 119.43 65060 CARQUEST EVANSTON OIL FILTERS 5.46 65060 CARQUEST EVANSTON PIN BOOT KIT 8.30 65060 CARQUEST EVANSTON RETURNED PARTS -397.18 65060 CARQUEST EVANSTON STD HALOGEN CAPSULE 73.56 65060 CARQUEST EVANSTON SWAY BAR LINK #800 51.46 65060 CARQUEST EVANSTON T BOLT SAE SIZE 68 18.12 65060 CARQUEST EVANSTON WIPER BLADES 14.00 65060 GOLF MILL FORD #159 ALTERNATOR 260.93 65060 GOLF MILL FORD #159 FUELING PRESSURE REGULATOR 669.95 65060 GOLF MILL FORD #39 INTAKE MANIFOLD 371.36 65060 GOLF MILL FORD #621 CALIPER PIN KIT 161.42 65060 GOLF MILL FORD BRAKE PARTS 443.18 65060 GOLF MILL FORD INJECTOR BOARD CLEANER BRUSH 109.78 65060 GOLF MILL FORD O2 SENSOR DOWNSTREAM #58 150.08 65060 GOLF MILL FORD O2 SENSOR UPSTREAM #58 302.18 65060 GOLF MILL FORD RETURNED PARTS -409.52 65060 SUBURBAN ACCENTS, INC.#90 LETTERS 22.00 65060 ORLANDO AUTO TOP #159 SEAT REPAIR 210.00 65060 ORLANDO AUTO TOP #67 SEAT REPAIR 350.00 65060 ORLANDO AUTO TOP #746 SEAT REPAIR 200.00 65060 ORLANDO AUTO TOP 5 POLICE CAR DOOR PANELS 750.00 65060 ORLANDO AUTO TOP REBUILD SEAT CUSHION #324 150.00 65060 CHICAGO PARTS & SOUND, LLC 21 AIR FILTERS 336.60 65060 CHICAGO PARTS & SOUND, LLC ACCUMULATOR & SENSOR 284.54 65060 CHICAGO PARTS & SOUND, LLC AIR CLEANER 11.94 65060 CHICAGO PARTS & SOUND, LLC BRAKE LINING 263.88 65060 CHICAGO PARTS & SOUND, LLC BRAKE PARTS 345.10 65060 CHICAGO PARTS & SOUND, LLC BRAKE ROTOR 109.96 65060 CHICAGO PARTS & SOUND, LLC KIT SENSOR ATTACHMENT 64.86 65060 CHICAGO PARTS & SOUND, LLC OIL FILTERS 6.50 65060 CHICAGO PARTS & SOUND, LLC RETURNED PARTS -236.76 65060 ADVANCED PROCLEAN INC.64 TRUCK WASHES 1,220.90 65060 ADVANCED PROCLEAN INC.POWER WASHING 1,095.35 65060 BUMPER TO BUMPER 4 FILTERS 111.56 65060 BUMPER TO BUMPER CLR/ MARKER LAMP 122.24 1139 of 323 CITY OF EVANSTON BILLS LIST PERIOD ENDING 10/28/2014 65060 BUMPER TO BUMPER FUEL CARTRIDGE 198.36 65060 BUMPER TO BUMPER LED MARK CLEARAN 88.80 65060 BUMPER TO BUMPER SOCKET/ FORD 25.79 65060 THE CHEVROLET EXCHANGE #63 REAR LEFT GATE STRUT 75.74 65060 THE CHEVROLET EXCHANGE #67 IGNITION COIL 575.38 65060 THE CHEVROLET EXCHANGE 8' MOLD BOARD 1,184.56 65060 THE CHEVROLET EXCHANGE BASE ANGLE 320.78 65060 THE CHEVROLET EXCHANGE PLOW PLUNGER 138.12 65060 THE CHEVROLET EXCHANGE PLOW STAND 179.81 65060 THE CHEVROLET EXCHANGE RETURNED PARTS -100.00 65060 THE CHEVROLET EXCHANGE WESTERN PLOW OIL 302.64 65060 THE CHEVROLET EXCHANGE WESTERN PLOW RUBBER BLADE 340.03 65060 THE CHEVROLET EXCHANGE WESTERN PLOW CUTTING EDGES 1,592.40 65060 THE CHEVROLET EXCHANGE WESTERN SNOW PLOW PARTS 4,366.10 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #920 BRAKE PAD COVER 46.29 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #923 EGR VALVE 658.00 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #923 FENDER EXTENSION 115.77 65060 MILLER HYDRAULIC SERVICE, INC.5000 PSI PANEL MOUNT GAUGE 51.98 65065 WENTWORTH TIRE SERVICE #722 TIRE M/D 203.00 65065 WENTWORTH TIRE SERVICE 18 NEW TIRE 2,282.70 65065 WENTWORTH TIRE SERVICE 2 NEW TIRE 543.16 65065 WENTWORTH TIRE SERVICE 3 NEW TIRE 435.50 65065 WENTWORTH TIRE SERVICE 5 NEW TIRE 635.80 65065 WENTWORTH TIRE SERVICE 6 NEW TIRE 1,475.08 65065 WENTWORTH TIRE SERVICE TIRE REPAIR 147.00 65065 WENTWORTH TIRE SERVICE TIRE REPAIR #589 116.95 65085 ROMEO U. LIM, JR.TOOL ALLOWANCE 250.00 65085 FASTENAL COMPANY BLADES 21.34 65085 SUBURBAN ACCENTS, INC.C.O.E. VEHICLE LOGOS 2,782.35 65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 112.87 7710 MAJOR MAINTENANCE Total 129,913.24 600 FLEET SERVICES FUND Total 131,007.52 601 EQUIPMENT REPLACEMENT FUND 7780 VEHICLE REPLACEMENTS 62375 UNITED RENTALS ROLLER RENTAL FOR STREET DIVISION 2,256.30 65550 HAVEY COMMUNICATIONS INC. 4 REBUILT UNITROL 249.20 65550 HAVEY COMMUNICATIONS INC. AIR HORN 149.40 65550 HAVEY COMMUNICATIONS INC. LIGHTS 73.45 65550 CURRIE MOTORS 1 VEHICLE REPLACEMENTS 25,425.00 65550 CURRIE MOTORS 7 NEW POLICE VEHICLES 194,068.00 7780 VEHICLE REPLACEMENTS Total 222,221.35 601 EQUIPMENT REPLACEMENT FUND Total 222,221.35 605 INSURANCE FUND 7800 RISK MANAGEMENT 62295 CASTELLON, CARMEN JULIA REIMBURSEMENT SAFETY CONFERENCE 210.00 7800 RISK MANAGEMENT Total 210.00 605 INSURANCE FUND Total 210.00 700 FIRE PENSION FUND 8000 FIREFIGHTERS' PENSION 61755 IL.PUBLIC PENSION FUND ASSOCIATION *MEMBERSHIP DUES 775.00 61755 NCPERS *MEMBERSHIP DUES 250.00 61755 BURKE, BURNS & PINELLI, LTD. *LEGAL FEES 987.50 8000 FIREFIGHTERS' PENSION Total 2,012.50 700 FIRE PENSION FUND Total 2,012.50 Grand Total 1,948,245.96 1240 of 323 CITY OF EVANSTON BILLS LIST PERIOD ENDING 10/28/2014 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT SUPPLEMENTAL BILLS LIST ATTACHMENT GENERAL 100.21705 VARIOUS RECTRAC REFUNDS 1,474.00 1,474.00 INSURANCE VARIOUS VARIOUS WORKERS COMP 22,407.74 VARIOUS VARIOUS WORKERS COMP 10,696.75 33,104.49 SEWER 7575.68305 IEPA LOAN DISBURSEMENT SEWER FUND 200,838.94 200,838.94 235,417.43 Grand Total 2,183,663.39 PREPARED BY DATE APPROVED BY DATE 1341 of 323 For City Council meeting of October 27, 2014 Item A3.1 Business of the City by Motion: ThyssenKrupp Elevator Maintenance Renewal For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Suzette Robinson, Director of Public Works Rickey A. Voss, Revenue/Parking Division Manager Leslie J. Perez, Administrative Supervisor Subject: Single Source Elevator Service Agreement with ThyssenKrupp Elevator Corp. for the Sherman Plaza Self Park Date: October 16, 2014 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a five year single source service and maintenance agreement with ThyssenKrupp Elevator Corporation (355 Eisenhower Lane South, Lombard, Illinois) for the elevators at the Sherman Plaza parking garage at a cost of $34,436.16. The proposed 5-year service agreement is effective April 1, 2014 to March 31, 2019. This agreement includes a cost reduction of $4,747 for the first year, an approximately 12% decrease when compared to last year’s agreement. While ThyssenKrupp reserves the right to an annual increase in years two through five, the potential increase in subsequent years is capped at five percent. Funding Source: 2014 Budget Account# 7036.62425: $46,350 Summary: Staff recommends this single source contract be executed through the end of 2019 due to the fact that all of these units were originally installed by ThyssenKrupp, some mechanical units and motors are proprietary, and because of their successful performance in maintaining these elevators over the past 7 years. ThyssenKrupp Elevator Corporation has been providing very good elevator maintenance service to the Sherman Plaza elevators since taking over in mid-2007 for a non-performing elevator maintenance company. They have been successfully maintaining and servicing these elevators since 2007. Annual maintenance and service Memorandum Page 1 of 2 42 of 323 agreements for elevators are standard practice for municipal facilities. The Facilities Management Division administers this elevator service agreement in cooperation with the Parking Division for this location. Legislative History: None ------------------------------------------------------------------------------------- Attachments: Copy of proposed contract renewal Page 2 of 2 43 of 323 44 of 323 45 of 323 46 of 323 47 of 323 48 of 323 49 of 323 50 of 323 51 of 323 52 of 323 For City Council meeting of October 27, 2014 Item A3.2 Business of the City by Motion: Main/Chicago & Dempster/Chicago SSA Contract For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Wally Bobkiewicz, City Manager Johanna Nyden, Economic Development Division Manager Subject: Award Contract for Consulting Work to Create a Special Service Area for Main/Chicago and Dempster/Chicago Merchant Districts, RFP #14-50 Date: September 26, 2014 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a contract for consulting services for the study and creation of a special service area (“SSA”) for the business districts along Chicago Avenue at the intersections of Main and Dempster Streets inclusive of the Main/Chicago and Dempster/Chicago merchant districts with Place Consulting, Inc (3701 North Ravenswood Avenue, Suite 204, Chicago) for a total amount of $36,983.78. Funding Source: The Economic Development Fund’s Redevelopment Consulting Services (Acct # 225.21.5300.62136). The 2014 Adopted FY amount for this account is $75,000, of which none has been spent to date. Summary: In April 2014, a group of businesses representing businesses along Chicago Avenue at the intersections of Main and Dempster Streets requested that the City assist in establishing an SSA (map of the area contemplated is depicted in attached map). In response to the merchants, Request for Proposal (RFP) #14-50 was issued on July 17, 2014 for SSA feasibility and designation coordination consulting services. A contract for professional services was requested to cover work described in the RFP; work is contemplated to be completed within one year of contract execution, with the ability to extend if necessary. Requests were sent directly to six consulting firms (listed in the table on the following page) that currently provide SSA feasibility and coordination work and advertisements were posted in the Pioneer Press on July 17, 2014 and Demandstar. Proposals were due on August 12, 2014. The City received only one proposal on August 12, 2014 from Place Consulting, Inc. prior to the deadline expiration. Memorandum 53 of 323 Business Name Address City Camiros Ltd 411 S. Wells St., Suite 400 Chicago, IL 60607 Ehlers Inc. 550 Warrenville Rd., Suite 220 Lisle, IL 60532 Kane McKenna & Assoc. 150 N. Wacker Dr., Suite 1600 Chicago, IL 60606 Place Consulting, Inc. 3701 N. Ravenswood Ave., Suite 204 Chicago, IL 60626 SB Friedman 221 N. LaSalle St., Suite 820 Chicago, IL 60601 Teska Associates, Inc. 627 Grove St. Evanston, IL 60201 The scope of services to be completed by the consultant is two-fold: 1) conduct SSA feasibility study to determine what properties should be included in the proposed SSA and level of funding appropriate to fund desired activities; and 2) coordinate the designation of the SSA if feasibility study is found to support the SSA. Specific work related to the SSA feasibility study includes: • Inventory of properties to determine specific property’s appropriateness for inclusion in the SSA, development of a list of property addresses, parcel numbers, assessed valuation of each parcel, and other pertinent information for study. • Work with City staff and neighborhood merchant group to finalize boundary for SSA. In coordination with stakeholders, the consultant will help establish initial budget for SSA (includes estimates of costs for desired services and potential tax levy required to meet budget). • Develop a SSA Governance and Management Plan. Plan should include: o Desired Uses for Funds – Activities that will be funded; how services and projects will be managed; o Governance and Leadership Structure – Identify eligibility to serve on governing board/body and term length; o Process for establishing annual budget; and o Goals and objectives for the SSA – Development of metrics that can provide measurement of success or opportunities for growth (i.e. total square footage occupied by retail uses, volume of 311 calls, CTA/Metra ridership increases, etc.). • This stage of work is likely to include one to two public meetings, fieldwork to evaluate properties in area and on-site or teleconference meetings with City staff and key stakeholders from merchant group. Specific work related to the coordination of the designation of the SSA includes: • Development of legal description for proposed SSA boundary (cost to create legal description should be included in scope of services); • Development of statement of proposed special services; and • Creation of preliminary budget for services and proposed tax rate. • Consultant will work with City Staff, neighborhood merchant group, and elected officials to convene required Public Hearing. Consultant responsibilities will include: o Development of Public Hearing notice in coordination with City Law Department; 54 of 323 o Create list of recipients of notice of public hearing (person whose name is on general taxes for preceding year); o Develop public meeting notice for local newspaper; o Mail Public Hearing notice; o Provide presentation at Public Hearing; • Development of Ordinance designating SSA in coordination with City of Evanston’s Law Department; and • Development of Ordinance establishing levy for SSA in coordination with City of Evanston’s Law Department. Place Consulting, Inc. estimates the total cost of the work is $36,983.78. This includes the SSA feasibility study for a total cost of $18,640.00 and SSA designation coordination work for $18,343.78. Of the total cost, $6,013.78 will be completed by M/W/EBE firms. PLACE Consulting, Inc. is a woman-owned firm, although not at this time formally recognized as a woman-owned enterprise. Background: The merchants from the business districts inclusive of this project provided a letter to the City with 64 signatures representing approximately 44 business establishments indicating their interest in being part of an SSA. In discussions with staff, the merchants indicated a desire for additional services that included programmatic support (coordination of activities, marketing, internal and external communication) as well as seasonal plantings, directional signage for businesses, additional street cleaning/garbage pick-up services, snow removal, and other aesthetic and maintenance issues. The two merchant groups are currently coordinated by volunteer business owners within each business district. This SSA seeks to establish economies of scale and coordinate services both need (plantings, signage, additional garbage pick-up services, etc.) while maintaining the distinct identities that each district has. This SSA is sought specifically for the commercial properties and seeks to not include the condominiums located along Chicago Avenue. In a handful of cases, properties with residential units will likely be included in the SSA because there is only one PIN and not separate commercial and residential PINs. Special Service Areas in Illinois Background: The Illinois State Statute (35 ILCS 200/27-5) defines an SSA as: “a contiguous area within a municipality or county in which special governmental services are provided in addition to those services provided generally throughout the municipality or county, the cost of the special services to be paid from revenues collected from taxes levied or imposed upon property within that area.” SSAs are established through ordinance by the City Council. Property owners within the SSA pay an additional fee through property tax billing for services above and beyond the level of service provided by the municipality. Typical examples include marketing, events, seasonal decorations, sidewalk snow removal, signage, streetscape, and landscaping. Legislative History: At its April 29, 2014 meeting, the Economic Development Committee recommended unanimously (7-0) for the City to retain a consultant to work with the Main/Chicago and 55 of 323 Dempster/Chicago merchants to create a SSA for the business districts in these areas. A group of more than 64 merchants petitioned the Committee to move forward with this project. Attachments: Copy of Response to RFP 14-50 from Place Consulting, Inc. MWEBE Memo Map of Proposed SSA Study Area 56 of 323 57 of 323 58 of 323 59 of 323 60 of 323 61 of 323 62 of 323 63 of 323 64 of 323 65 of 323 66 of 323 67 of 323 68 of 323 69 of 323 70 of 323 71 of 323 72 of 323 73 of 323 74 of 323 75 of 323 76 of 323 77 of 323 78 of 323 79 of 323 80 of 323 81 of 323 82 of 323 83 of 323 84 of 323 85 of 323 86 of 323 87 of 323 88 of 323 89 of 323 90 of 323 91 of 323 92 of 323 93 of 323 94 of 323 95 of 323 96 of 323 97 of 323 98 of 323 99 of 323 100 of 323 101 of 323 102 of 323 103 of 323 104 of 323 To: Wally Bobkiewicz, City Manager Johanna Nyden, Economic Development Division Manager From: Tammi Turner, Purchasing Manager Subject: Study & Designation of Chicago Avenue Special Service Area, RFP 14-50 Date: October 27, 2014 The goal of the Minority, Women, and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City has established a 25% M/W/EBE subcontracting participation goal for general contractors. With regard to Study & Designation of Chicago Avenue Special Service Area, RFP 14-50, in the base amount of $36,983.78, the primary contractor PLACE Consulting, Inc. has subcontracted the following: Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE B.H. Suhr & Co Design $ 5,500.00 14.87% X On Track Fulfillment Shipping $ 222.00 0.60% X Minuteman Press Printing $ 363.78 0.98% X Total M/W/EBE $ 6,085.78 16.45% PLACE Consulting, Inc. has requested a waiver for the remaining 8.55% MWEBE participation goal. A 8.55% MWEBE waiver is granted. PLACE Consulting, Inc. will receive credit for 16.45% M/W/EBE participation. Cc: Marty Lyons, Assistant City Manager/CFO Memorandum Study & Designation of Chicago Avenue Special Service Area, RFP 14-50, M/W/EBE Subcontracting Participation Partial Waiver 105 of 323 Chicago Avenue SSA Study Area DISCLAIMER: This map and data are provided as-in without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information Scale 1:9,903 Made with Evanston's GIS Printed: Apr 24, 2014 5:41:34 PM106 of 323 For City Council meeting of October 27, 2014 Item A4 Ordinance 125-O-14 – Increase Class C-1 Liquor License For Introduction To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 125-O-14, Increasing the Number of Class C-1 Liquor Licenses for Bangers and Lace Evanston LLC d/b/a Bangers and Lace, 810 Grove Street Date: October 9, 2014 Recommended Action: Staff recommends City Council adoption of Ordinance 125-O-14. Funding Source: n/a Summary: Ordinance 125-O-14 amends Evanston City Code of 2012 Subsection 3-4-6-(C-1), as amended, to increase the number of authorized Class C-1 liquor licenses from six (6) to seven (7). Bangers and Lace Evanston LLC d/b/a Bangers and Lace (“Company”), 810 Grove Street, was recommended for issuance of a Class C-1 liquor license. This license will permit Company to retail sale on the premises specified of alcoholic liquor only for consumption on the premises while food is available until 3:00 am. Application materials were submitted by Business Representative Jason Freiman. Legislative History: At the October 9, 2014 Liquor Control Review Board meeting, Company requested consideration of application for a Class C-1 liquor license (Hotel/Restaurant; core area until 3am). The Board recommended the issuance of a Class C-1 Liquor License. Alternatives: n/a ------------------------------------------------------------------------------------- Attachments: Ordinance 125-O-14 Application Minutes of the October 9, 2014 Liquor Control Review Board meeting Memorandum 107 of 323 10/9/2014 125-O-14 AN ORDINANCE Amending Subsection 3-4-6-(C-1) of the City Code to Increase the Number of Class C-1 Liquor Licenses from Six to Seven (Bangers and Lace Evanston LLC, d/b/a “Bangers and Lace”, 810 Grove Street) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(C-1) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class C-1 liquor licenses from six (6) to seven (7), to read as follows: (C1) CLASS C1 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 C1 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. The sale of alcoholic liquor shall not take place between the hours of 2:00 a.m. and 11:00 a.m., except that sales may be made up to 3:00 a.m. on Friday, Saturday, Sunday mornings and up to 3:00 a.m. on the mornings of January 1, Memorial Day, July 4, Labor Day and Thanksgiving. The applicant for the renewal only of such licenses may elect to pay the amount herein semiannually. 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 $8,000.00. 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 $8,400.00. No more than six (6) seven (7) such licenses shall be in force at any one (1) time. 108 of 323 125-O-14 ~2~ SECTION 2: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. 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: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced:_________________, 2014 Adopted:___________________, 2014 Approved: _________________________, 2014 ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 109 of 323 ~fJI;J:~ CH>llfEvanston Date: City of Evanston annual Liquor License Application City of Evanston Application for Liquor License New business Liquor Class: D Change of Ownership/Corporation D Upgrade to License Class Initial license Fee: ,~ A.Corporation name: &"'8 sr:»<'Ii'\(;{LAue £'vM1S lu A u.c. C. Previous business name (if dba changed): D. Business address (city, state, zip code): 810 L.7('OVe ~;.~.Evc,\v\&le,){\I :1 1-.6(.)(;2.1 () A.Address applying for liquor license (exact street address): B to tHU\Jf:_~\-C:vc;vl s1::>Y\L f;O~I C.:> Evanston Zip code: bOdlO B. Full description of the location including floor layout, specific floors, rooms, etc. (attach a site plan): '5 Eff::A1fi!t ~He0 A.Business type:D Package~store Describe the nature of the business / principal kind of business: ,:~)'I t s e('\.I \c.e.ce c-:s\_-<\v r c,.rd C. Is the business required to be located within the "Retail Package Store Area"? DYes ~No If yes, is it located within the "Retail Package Store Area"? Yes No....:...:..:::....--------1 Liquor to be served and/or sold: Days and times liquor is served:~Sunday u...)O "l,',WI DBeer and Wine onl ~Monday !2JTuesday JPi'1to de"'Vl .;{O(\'\to ,)"""1 D Wine onl jgJWednesday eJ,OWI to [ICl/-", IE]Thursday ;';l ~""'"to ,)e,,'\ ~Friday D(lI'Ylto cJ",,,,\ '!Z]Saturday IINYl to ;'!'c.V'-\ Liquor will served or sold by: ~Glass I~T Bottle [8 Can .ESJ Waitstaff and/or D Over the counter City of Evanston Liquor License Application (Rev.12/19/2013)Page 1 of 13 110 of 323 ~~w Carll!Evanston City of Evanston annual Liquor License Application A.Does the applicant seek to sell and/or serve liquor upon the premises of a restaurant? If your response is "No,"skip this section and proceed to section 5. B. Does the restaurant premises maintain and conduct business to the public as an establishment where meals are actually and regularly served? C. Does the restaurant provide adequate and sanitary kitchen and dining room equipment and capacity, with sufficient employees to prepare, cook, and serve suitable food? D. How many tables are or will be in the restaurant?;)S-What is the seating capacity?i30 E. Is there an existing or proposed menu? If your response is "Yes," please attach the menu. F. Does the restaurant currently hold or has applied for a City of Evanston food license? If your response is "Yes," what is the expected issue date? j;8Jyes One lXJyes One [X]yes One ESJyes One A. Does the applicant seek to sell and/or serve liquor upon the premises of a hotel? If your response is "No,"skip this section and proceed to section 6. B. Does the hotel premises maintain and conduct business to the public as an establishment where meals are actually and regularly served? C. Does the hotel provide adequate and sanitary kitchen and dining room equipment and capacity, with sufficient employees to prepare, cook, and serve suitable food? D. Does the hotel have at least 50 regular rooms for transients? E. Does the hotel currently hold or has applied for a City of Evanston food license? If your response is "Yes," what is the expected issue date? Dyes ~no Dyes Dne Dyes D no Dyes u- Dyes Dne A. Does the applicant seek to sell liquor upon the premises of a package store? If your response is "No,"skip this section and proceed to section 7. B. Is the package store premises located in the "retail package store area" as defined by the attached map? C. Is the package store used only for retail sale of alcoholic liquor in original packages to persons at least 21 years of age for consumption off the premises? D. Has the applicant reviewed the Liquor Code definition of a "package store"? A. Does the applicant seek to sell and liquor upon the premises of a grocery store and/or combination store?If your response is "No,"skip this section and proceed to section 8. B. Does the grocery store premises consist of a grocery store and combination store under one roof? C. Does the grocery store provide a minimum of 12,000 square feet of production, preparation, and display for product sales?Approximately how many square feet are provided? sq.ft. D. Does the grocery store currently hold or has applied for a City of Evanston food license? If your response is "Yes," what is the expected issue date? City of Evanston Liquor License Application (Rev.12/19/2013) Dyes I2SJ no Dyes D ne Dyes D no Dyes D no Dyes rn ne Dyes Dne Dyes D ne Dyes D no Page 2 of 13 111 of 323 ~~w Cil>t,r Evanston City of Evanston annual Liquor License Application A. Does the corporation own the premises for which this liquor license is being sought? If your response is "Yes,"proceed to section 10. B. Does the corporation possess a lease on such premises covering the full period for which such liquor license is sought? C.What is the period covered by the lease?,A\,c ,~(J,;)e;L~to /L:,j <')."1; D.What is the name of the Landlord?8/0 L7 <o \JL EV'-jf/\Jv.1..u:c: E.What is the address of the Landlord?(please include city, state, and zip code.) Dyes f2b,e ~yes One A. Has the owner or any relative had a business or liquor license revoked? B.Is the owner disqualified to receive a license by reason of any matter or thing contained in Title 3,Chapter 4 of the City of Evanston Code,other ordinance,and laws of the State of Illinois or other ordinances of the City of Evanston? C. Does the owner agree not to violate any laws of the State of Illinois, or of the United States, or any ordinance of the City of Evanston in the conduct of his or her place of business? D. Has the owner received assistance in preparing this application?If the response is "Yes,"please provide the information below. Dyes ,E;]ne Dyes .~ne yes One name address telephone relationship I, the Applicant and/or duly appointed representative, have reviewed the prepared application and accept it as true and correct to the best of my knowledge. I agree to report any changes to the contents of this application, whether they occur before or after a license is issued, to the City of Evanston within 30 days. I agree to notify the City of Evanston of any and all changes in corporate stockholder shares, corporate officers and directors.Further,I understand that the liquor license issued is not transferrable.It is understood that the acceptance and deposition of the fee herein tendered does not constitute acceptance of the liquor license application. City of Evanston LiquorLicense Application (Rev.12/19/2013) f:>'t\..?Ol1 Date Page3 of 13 112 of 323 Cil}HfEvanston City of Evanston ennuel Liquor License Application City of Evanston Liquor License Application AFFIDAVIT State of County of ) )SS ) The undersigned hereby makes application for a Class __liquor license.1/we swear (or affirm) that I / we will not violate any of the ordinances of the City of Evanston or laws of the State of Illinois or the laws of the United States of America in the conduct of the place of business described herein: that I have read and understand Title 3,Chapter 4 of the Evanston City Code:and that the statements contained in this application are true and correct. Signature of Applicant (seal) OFFICIAL SEAL SARAH TROGLtA NOTARY PUBLIC·STATE OF ILLINOIS MY COMMISSION EXPIRES MAY 14,2018 ,20,q , Subscribed and sworn to before me this I S day of J ltd ~.. ~uulA-~ Notary Public City of Evanston Liquor License Application (Rev.12/19/2013)Page 4 of 13 113 of 323 City of Evanston annual Liquor License Application Name of Corporation/Partnership:Bangers and Lace Evanston LLC Corporate Address: 810 Grove St.,Evanston,IL 60210 Corporate Email:chrisjhaisma@gmail.com Date Corporation/Partnership was Organized: State Articles of Incorporation/Organization filed: Date Articles of Incorporation/Organization filed with Secretary of State: Date Certification of Incorporation/Organization was issued by Secretary of State: 09/06/13 Illinois 09/06/13 09/06/13 Are there any amendments to Articles of Incorporation? (if yes, provide date filed) [jj Yes Date Amendment Filed 01/15/14 What are the total shares of stock created by this Corporation?N/A Bangers and Lace Holding Co.100% Has Corporation attached an organization chartllisting with Names, Title,Address and Percentage of Stock of Corporation officers and directors? Has the Corporation attached a file-stamped copy of Articles of Incorporation/Organization? [jj Yes [jj Yes Explain any existing options &names of persons concerned as they pertain to purchase or acquire stock at a future date: None What is the objective of Corporation?Restaurant Has a Shareholder and/or Site Manager Background Form been completed for each person holding (5%) or more stock in this corporation? City of Evanston Liquor License Application (Rev.12/19/2013) [jj Yes Page 5 of 13 114 of 323 Bangers &Lace Evanston LLC 810 GROVE STREET EVANSTON, IL 60201 Bangers &Lace Holding Co. (100%) 1670 w.DIVISION ST, CHICAGO, IL 60622 Footman Hospitality Holding Company,LLC (40%) 1555 W PEARSON CHICAGO, IL 60642 L'A VVENTURA LLC (60%) 1670 W DIVISION STREET CHICAGO, IL 60622 Jason Freiman (50%) Nicholas Podesta (50%) Robert Podesta (100%) 115 of 323 Form LLC-S.S Illinois Limited Liability Company Act Articles of Organization.FILE #04495381 Secretary of State Jesse White Department of Business Services Limited Liability Division www.cyberdriveillinois.com Filing Fee: Expedited Fee: Approved By: $500 $100 REH FILED SEP 06 2013 Jesse White Secretary of State 1.Limited Liability Company Name:.:=;B:..:A:..:.N.:=;G=E.:..:R.=.S..:::&:...:L::..A;.;;:C~E:...:E::..;V;.:..A.::..N;.;;:S:..:.T..:::O.:.;N:...:L:.::L..:::C _ 2.Address of Principal Place of Business where records ofthe company willbe kept: I 810 GROVE STREET EVANSTON, IL 60201 3.Articles of Organization effective onthe filing date. 4.Registered Agent's Name and Registered Office Address: BRIAN W. TROGLIA 1950 N ELSTONAVE CHICAGO, IL 60642-1227 COOK 5.Purpose for which the Limited Liability Company is organized: "The transaction of any or all lawful business for which Limited Liability Companies may be organized under this Act." 6.The LLC isto have perpetual existence. 7.The Limited Liability Company is managed bythe manager(s). FREIMAN,JASON D. 1555 W PEARSON ST UNIT 626 CHICAGO,IL 60642 8. Nameand Address of Organizer I affirm,under penalties of perjury,having authority to sign hereto,that these Articles of Organization are to the best ofmy knowledge and belief,true,correct and complete. Dated:SEPTEMBER06, 2013 BRIANW TROGLIA 1950 N ELSTONAVE STE 200 CHICAGO, IL 60642 This document was generated electronically at www.cyberdriveillinois.com 116 of 323 Form LLC-5.25 May2012 Secretary of State Department of Business Services LimitedLiability Division 501 S.Second sr,Rm.351 Springfield,IL 62756 217 ·524·8008 www.cyberdriveillinois.com Payment may be made by check payable to Secretary of State.If check Is returned for any reason this filing will be void. Illinois Limited Liability Company Act Articles of Amendment I 1IIIrk!~lml~11111 • '..__lC0002622 .. •_r: This space tor Use by Secretary at State. Filing Fee: $150 Approved: FILE IJ 04495381 This space foruseby Secretary of state, FILED JAN 15 2014 JESSE WHITE SECRETARY OF STATE JFP FEE:$150 2.Articles of Amendment effective on: It the tiledate o a laterdate(notto exceed 30 daysafterthe tiledate) Month,Day,Year 3. Articlesof organization are amended asfollows (check applicable item(s)below): o a)Admission ofa new member (givenameand address below)' ~b)Admission of a new manager (givenameand address below)" o c)Withdrawal of a member (givenamebelow)" o d)Withdrawal of a manager (give name below)' o e)Change in address of theofficeat which the records required by Section 1-40of theActare kept(givenewad- dress,a P.O.Boxaloneor C/Ois unacceptable.). o f)Change of registered agent and/or registered agent's office (give new name and/or address below,Address change to P.O.box alone or c/ois unacceptable.). o g)Change inthe Limited Liability Company's name (give newname below) o h)Change in dateof dissolution or othereventsof dissolution enumerated in Item 6 of the Articles of Organization o i)Other(give information in space below) o j)Establish authority to issueseries(seebacktilingfee$400)' ,Changes in members/managers may,butare not required tobe reported inan amendment tothe Articles of Organization. Additional information: b) Robert Podesta 1670West Division Street Chicago,Illinois 60622 b)Nicholas Podesta 2200W. Erie Street Chicago,Illinois 60622 (continued on back) Printedbyauthorityof theSlateof Illinois.May2012 - 1 - LLC 11.14 117 of 323 LLC-S.2S 4. The amendment was approved in accordance with Section 5-25of the Illinois Limited Liability Company Act,and, if adopted by the managers,was approved by notless than the minimum numberof managers necessary to approve the amendment,member action not being required;or,if adopted bythe members,was approved bynotlessthan themin- imum numberof members necessary to approve the amendment. 5. I affirm,under penalties of perjury,having authority to sign hereto,that these Articles of Amendment are to the bestof my knowledge and belief,true,correctand complete. ,?-o l f Year Name andTitle (type or print) Ifthe member or manager signing this document isa company orother entity,state Name of Company and whether itisa member or manager of theLLC. •The following paragraph is adopted when Item 3)Is checked: The operating agreement provides forthe establishment ofoneormore series.When the company has filed a Certificate of Designation for each series,which is tohave limited liability pursuant to Section 37-40 of the Illinois Limited Liability Com- pany Act,the debts,liabilities and obligations incurred,contracted foror otherwise existing with respect to a particular se- riesshallbe enforceable against the assets ofsuch series only,andnot against the assets of the Limited Liability Company generally or anyother series thereof,andunless otherwise provided in the operating agreement,noneof the debts,liabili- ties,obligations or expenses incurred,contracted foror otherwise existing with respect tothis company generally or anyother seriesthereofshallbe enforceable against the assets of such series. , \ \ 118 of 323 OP ID:JZBANGE-2 ACORD'CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDJYYVY) ~07122/14 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). PRODUCER 847 -758-1000 CONTACT NAME:Corkill Insurance Agency, Inc.847-758-1200 I ri1gN~o Ext\:I FAX25NorthwestPt Blvd Ste 625 I iNc Nol: Elk Grove Village, IL 60007 E-MAIL ADDRESS:Tim Heublein INSURER(S)AFFORDINGCOVERAGE NAIC# INSURERA :Society Insurance 15261 INSURED Bangers and Lace Evanston, LLC INSURER B:Jason Freiman 810 Grove Street INSURERC: Evanston, IL 60201 INSURERD: INSURER E: INSURERF: 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. INSR TYPEOF INSURANCE I~.?~,}I~;1(~~Mg~\I ,t0LICY EXP LIMITSLTRPOLICYNUMBERMMIDDJYYYY GENERALLIABILITY EACHOCCURRENCE $1,000,000 I-- A X COMMERCIALGENERALLIABILITY TRM585294 07/22/14 07/22/15 ~~~~~~J9E~~~~?ence\$100,000 I--o CLAIMS-MADE 0 OCCURf----MEDEXP(Anyone person)$1,000 -PERSONAL&ADV INJURY $1,000,000 A ~Liquor Liability TRM585294 07/22/14 07/22/15 GENERALAGGREGATE $2,000,000 GEN'LAGGREGATELIMITAPPLIESPER:PRODUCTS- COMP/OPAGG $2,000,000 Xl POLICY n ~~8T n LOC $ AUTOMOBILELIABILITY rE~~~b~~~t~INGLE LIMIT $1,000,000- A ANY AUTO CA11444154 07/22/14 07/22/15 BODILYINJURY(Perperson)s -ALLOWNED ~SCHEDULED AUTOS AUTOS BODILYINJURY(Per accident)$ I--I--NON-OWNED rp~~~~~d~~t~AMAGEXHIREDAUTOS~AUTOS $ I--s UMBRELLAL1AB HOCCUR EACHOCCURRENCE $I-- EXCESSL1AB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$$ WORKERSCOMPENSATION IT~~~I1iINs I IOTH- ANDEMPLOYERS'LIABILITY YIN ER ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACHACCIDENT $ OFFICERIMEMBER EXCLUDED?N/A (Mandatory in NH)E.L.DISEASE- EA EMPLOYEE $ If yes, describeunder E.L. DISEASE- POLICYLIMIT $DESCRIPTIONOFOPERATIONSbelow DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (Attach ACORD 101,Additional Remarks Schedule, if more space is required) City of Evanston is Additional Insured for General Liability if required by written contract. CERTIFICATE HOLDER CANCELLATION EVANSTO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Evanston ACCORDANCE WITH THE POLICY PROVISIONS. Liquor Licensing Department AUTHORIZEDREPRESENTATIVE2100RidgeAvenue,#2700 A$~Evanston,IL 60201 I ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 119 of 323 Effective Date:July 23rd,2014 CITY OF EVANSTON Cook County,Illinois Surety Bond #:....:6"-'2"-'1=-0"-3""-='.9""'-9-=1 _ CORPORATE SURETY BOND (Supplement B) KNOW ALL MEN BY THESE PRESENTS,THAT THE UNDERSIGNED Bangers and Lace Evanston,LLC (Corporation) of the City of ...::E=-v-'--=a:.:.n:..:s=-t-=-=o...::n=---,County of -"C'-'o"'o"-'-'k and State of IIIino i s WESTERN SURETY COMPANY (Name of Surety Company) South Dakota called the sureties,are held and firmly bound unto the City of Evanston,a municipal corporation,in the sum ofTWENTY-FIVE HUNDRED AND NO/lOODOLLARS, for the payment whereof to the City of Evanston,the principal and said sureties bind themselves,their heirs, 23rdexecutors,administrators and assigns jointly and severally firmly by these presents.Signed,sealed and dated this __=.::.=..=--_DAYOF July 2014 WHEREAS the above named principal has been granted a license as an alcoholic liquor dealer by the Liquor Control Commissioner of the City of Evanston under the provision of the Title 3,Chapter 5,relating to the Sale ofAlcoholicLiquor, ofthe Municipal Code of the City of 23rd July 2015 NOW,THEREOF,the Condition of the foregoing obligation is such that if the said principal,his agents and employees,shall comply with all the provisions of Title 3,Chapter 5, of the Municipal Code of the City of Evanston hereinbefore described,and any and all other ordinances of the City of Evanston relating to the operation of the business ofAlcoholic Liquor,as defined in said ordinance;and if said principal,his agents or employees shall not violate said ordinance or any ordinances,rules or regulations now in force or which may hereafter be in force in the City of Evanston affecting the operation ofsaid business,then this obligation shall be void;otherwise it shall remain in full force and effect. PRINCIPAL r.f~day of By:(AffixSeal) "'J Title: State of llinois }ssCountyofCook day 2014 State of ....Q.QlITJlL.illlli'Q'I:A ~CW~ (AffixSeal) Corporate Surety Bond 12104108 120 of 323 Western Surety Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of South Dakota, and authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the United States of America, does hereby make, constitute and appoint Paul T,Bruflat of Sioux Falls State of South Dakota ,its regularly elected Vice President , as Attorney-in-Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, the following bond: One Liquor City of Evanston bond with bond number --,6,-"2,-,,1,-,,0,-,,3,-,,9,,,9~1 _ fur Bangers and Lace Evanston,LLC as Principal in the penalty amount not to exceed:$2,500,00 Western Surety Company further certifies that the following is a true and exact copy of Section 7 of the by-laws of Western Surety Company duly adopted and now in force, to-wit: Section 7.All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys-in-Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its Vice President with the corporate seal affixed this 23rd day of July 2014 ruflat, Vice President COMPANYATTEST STATE OF SOUTH DAKOTA l f ss COUNTY OF MINNEHAHA On this 23rd day of July 2014,before me, a Notary Public,appeared Paul T.Bruflat and L=-:-,-:N::-e"'l::.:s::.:o::.:n-'----_ who, being by me duly sworn, acknowledged that they signed the above Power of Attorney as Vice President and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to be the voluntary act and deed of said Corporation. +~~~~~~~~~~~~~~~~~~~~~~~~+ §S.PETRIK § $~NOTARY PUBL'Ca;o~~SOUTH DAKOTA ~ +~~~~~~~~~~~~~~~~~~~~~~~+ My Commission Expires August 11, 2016 Form F1975-1-2012 Notary Public..., T.... 121 of 323 Certificate (t!trtifirtttt (t!nmplelinn Page]of 1 t; This is to certify thai JASON D.FREIMAN has completed a course ofstudy ill Beverage Alcohol Sellers& Servers Education and Training (B.A.S.S.E.T.) dated JANUARY 15,2014 offered by Charlie's Professional Bartending,Inc. illinois State BAS.S.E.T.lnstruclor Licence No.03-5A-0043290 http://www.charliebar.coLU·sehost.com/Certit1cate/EDCC33C4-047D41DO-BDB5-78547EF4D9FF 122 of 323 Illinois B SSET ff-Premise SELLE I SERVER CERTIFIC TI N Trainee Name:Nicholas Podesta Date of Completion:03/05/201413:30 CST 1,_ Certify that the above named person successfully completed an approved learn2Serve Seller/Server course. School Name:learn2Serve Certification #:Il 2203984 This course provides necessary knowledge and techniques for the responsible serving of alcohol. 123 of 323 Illinois BASSET On-Premise SELLER I SERVER CERTIFICATION Trainee Name:Robert A Podesta Date of Completion:09/03/2014 15:36 CST 1,,_ Certify that the above named person successfully completed an approved Learn2Serve Seller/Server course. School Name:Learn2Serve Certification #: IL 2268930 Thiscourse providesnecessary knowledge andtedmiquesfor the responsible serving of aloohol. 124 of 323 BEER LIST AND EDIBLES MENU Option 1 succeeds in giving the customer an easy way to navigate the menu by optimizing the space and consolidating the cocktails menu with the edibles menu.Ornate flourishes and other subtle decorative elements help bring the Bangers'personality to life. 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Morton Civic Center, 2100 Ridge Avenue, Room 2750 Members Present: Mayor Elizabeth Tisdahl, Marion Macbeth, Dick Peach; Byron Wilson Members Absent: Dave Skrodzki Staff Present: W. Grant Farrar, Theresa Whittington Others Present: Jason Freiman (Bangers & Lace); Robert Podesta (Bangers & Lace); John Boyk (CVS District Manager), Cory McMahon (CVS District Manager); Larry Cohen (CVS Attorney); Minkaz Lakhani (Shell Gas Station Owner); Anjana Hansen (Shell Gas Attorney); Alderman Ann Rainey (Shell); Mitchell Einhorn (Lush Wine & Spirits); Mary Nikezic (Lush Wine Attorney); James Weber (Lush Wine Attorney); Liz Hletko (Few Spirits); Jim Ryan (Bake 425) 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 11:32 a.m. NEW BUSINESS Bangers and Lace Evanston, LLC., d/b/a Bangers and Lace, 810 Grove Street, Evanston, IL 60201 Jason Freiman (JF) of Bangers & Lace requested consideration of an application for issuance of a class C-1 Liquor License (Restaurant/liquor-core area). He explained that Bangers & Lace currently has a location in Wicker Park and that he is excited to open another location in Evanston. Mayor Tisdahl inquired about the request for a C-1 license which allows for closing hours as late as 3am. JF responded that the late night hours are designed to appeal to the urban dweller in search of late-night food options. JF stated that he is aware that the location has a negative reputation as the former location of The Keg. Robert Podesta (RP) explained that Bangers & Lace is a restaurant and is not set up as a bar. A significant amount of money has been spent to renovate the physical space. RP further noted that Bangers & Lace will not be offering low cost domestic beers. Marion Macbeth also commented that the Bangers & Lace is an entirely different business concept than The Keg and does not think they can be compared. Bangers & Lace will occupy 45% of the space and offer a wide and unique variety of house made sausages. 127 of 323 Page 2 of 5 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 C-1 Liquor License to be introduced at the City Council meeting on October 27, 2014. Highland Park CVS, LLC, d/b/a CVS Pharmacy #8760, 3333 Central Street, Evanston, IL 60201 John Boyk (JB) of CVS Pharmacy requested consideration of an application for issuance of a class F liquor license (grocery store/liquor). He stated that the CVS on Central Street is across the street from a Walgreens in Skokie that sells alcohol. CVS is seeking a liquor license in order to better compete for business. 30% of CVS stores sell alcohol. Alcohol sales provide convenience to customers and provide a competitive advantage against big box stores. JB also noted that the City will gain in the form of liquor tax collected. It is expected that alcohol sales will comprise 5-10% of total revenue. CVS is willing to tailor the alcohol selection to the community needs and wants. Mayor Tisdahl noted that the Walgreens on Chicago was granted a liquor license in order to offset the costs of making is net-zero. Grant Farrar noted that the two Osco Drug stores in Evanston also have liquor licenses. Marion Macbeth appreciated CVS’s need to compete with the Skokie Walgreens. Dick Peach has no issue with it and appreciated CVS’s offer to tailor the alcohol choices if it becomes an issue. JB discussed CVS’s commitment to the responsible sale of alcohol. CVS registers are programmed to require age verification data input before alcohol sales can be completed. All servers are BASSET trained in responsible alcohol sales. Employees are also required to attend compliance training twice a year. Employees found to violate compliance policy are terminated. 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 F Liquor License to be introduced at the City Council meeting on October 27, 2014. Dil Foods, Inc., d/b/a Shell Gas Station, 2494 Oakton Street, Evanston, IL 60202 Anjana Hansen (AH) spoke on behalf of Shell Gas Station’s request for consideration of an application for issuance of a class O liquor license (gas station/beer). AH noted that City Council recently approved the creation of a class O license class for gas stations. Class O authorizes the sale of beer only. Beer will be added to an existing cooler at the Shell gas station. Mr. Lakhani wished to sell beer in order to offer convenience to his customers who stop by for gas and take-out food from Dunkin Donuts and Subway. Sale of liquor will allow Shell to better compete with Food 4 Less. AH also noted how well maintained the property is on the outside and inside. Mayor Tisdahl sought clarification that beer would not be sold at the fast-food stores. AH responded that alcohol sales are restricted to the convenience store portion of the business. 128 of 323 Page 3 of 5 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 O Liquor License to be introduced at the City Council meeting on October 27, 2014. Lush Wine and Spirits, d/b/a Lush Wine and Spirits, 2022 Central Street, Evanston, IL 60201 Mitchell Einhorn (ME) of Lush Wine & Spirits requested consideration of an amendment and issuance of a class I liquor license (restaurant-packaged goods store/liquor). Lush Wine and Spirits is a packaged goods store that also offers small plates of food and on- site consumption of alcohol. It has two locations in Chicago and is seeking to open a location in Evanston. ME stated that they have picked out a site on Central street and feel that Lush Wine and Spirits will be a great fit. The Class I liquor class currently in the liquor code is a close match for the Lush business model but some amendments are being sought to better accommodate Lush’s business model of co -mingled restaurant and packaged goods sales. Mayor Tisdahl expressed concern over Lush’s plan to offer food service after 5pm. Mr. Einhorn responded that lunch demand is low and that Lush is further challenged with finding enough staff qualified and knowledgeable about cheese, charcuterie and alcohol pairings. This is why Lush limits its food service to after 5pm. Sunday brunch is under consideration. Mayor Tisdahl asked if the intention is to offer alcohol for on-site consumption during hours when food is not served. ME responded that it is the current model in place in Chicago. Mayor Tisdahl explained that the Evanston Liquor Code requires food service during on-site consumption. Dick Peach asked if Lush could satisfy the meal requirement by offering cheese and crackers and other similar snacks. ME noted that the menu is already made up of small plates. The issue is staffing employees prior to 5pm. James Weber (JW) asked if Lush could have separate hours for retail sales for off-site consumption and specific hours for on-site sale and consumption. ME felt that was a fair compromise and will allow Lush to gauge interest in food service and on-site consumption prior to 5pm. Grant Farrar has reviewed some initial suggested edits to Class I. GF said he will have a follow up conversation with Lush to make sure everyone is in agreement regarding its business plan and amendments. GF will work directly with James Weber on amendment language. ME presented samples of wine, beer and spirits that represent non-traditional containers sizes. Many wines, spirits and beers are now offered in containers that are smaller than the limits allowed for in the code. Lush would like the amendment to account for the smaller container sizes that are prevalent in today’s market. Many are from small batch producers and represent rarer wines, beers and spirits. Many artisanal spirits are only made available in smaller bottles. Marion Macbeth noted that the industry seems to be changing with the popularity of craft beers and smaller batch producers who produce in smaller bottles. 129 of 323 Page 4 of 5 It was generally agreed that container size is best regulated in terms of ounces rather than price. Any provisions written for class I would only apply to class I license holders, of which there currently are none. Grant Farrar offered to work closely with Lush’s council and the Liquor Commissioner to work out a way to make sure container size limits in class I are not universally applied to all license classes. The amendment and liquor application was approved in concept pending Grant Farrar’s work on amending class I to accommodate Lush Wine and Spirits business model. The matter of amendment and application approval will be placed on the agenda of the 11/10/14 City Council meeting. Few Spirits LLC, Few Spirits, 918 Chicago Avenue, Evanston, IL 60202 Consideration of an amendment to class P (Craft Distillery) to allow for sale of alcohol in 200 ml containers for off-site consumption. Liz Hletko (LH) spoke on behalf of Few Spirits request for smaller container sizes. She stated that Few Spirits would like to sell in smaller 200 ml bottles for inclusion in gift boxes. LH also feels it will help Few compete will other distillers who already sell in smaller containers. Mayor Tisdahl asked about pricing of the smaller bottles. LH responded that the prices will range from $20 to $30 for a 200 ml bottle of spirits, which is a higher price per ounce that the current 375 ml bottles. Grant Farrar stated that Few Spirits is the only distillery licensed under class P so there is no risk of 200 ml bottles setting precedence outside of this license class. The Mayor and members of the board were all in favor of the 200 ml container size. LH expressed interest in seeking an additional amendment to allow Few Spirits to sell mixed cocktail drinks for on-site consumption, similar to how Temperance sells beer. This matter was not heard because the issue was not on the agenda for today’s meeting. The matter will be taken up at the next liquor board meeting which will occur sometime in December. Bake 425, Evanston, IL Consideration of an amendment to class A (Restaurant/Beer-Wine Shop) or new license class creation to allow for sale of alcohol for off-site consumption. Jim Ryan (JR) spoke on behalf of Bake 425’s request for amendment. JR operates a “take and bake” pizza business similar to Homemade Pizza Kitchen. Bake 425 has taken over eight (8) of the former Homemade Pizza Kitchen locations, including two in Evanston on Central and Chicago avenue. JR would like to offer takeout beer and wine with the takeout pizza. His focus will be on American craft beers and small batch California wine. There will be no on-premise consumption of alcohol. JR noted that there is not a liquor license class in which his model fits and that the closest match is Class A. He asked for an amendment to class A that hat will allow for off-site beer/wine sales and take-away food. JR noted that Bake 425 has a packaged goods liquor license in Highland Park and will be receiving a limited food production liquor license in Winnetka. 130 of 323 Page 5 of 5 Grant Farrar (GF) told the liquor board that the class A was created for Central Street Café which has since gone out of business. There is currently no active class A liquor licenses. GF stated that class A could be amended to fit in with Bake 425’s model. Mayor Tisdahl requested language that would prevent sale of alcohol without purchase of food. GF responded that the code can be written as to require alcohol sales to accompany food sales. Grant Farrar stated that he will follow-up Jim Ryan on the language and business model. The request for amendment was approved by the board. The matter of amendment approval will be placed on the agenda of the 11/10/14 City Council meeting. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Elizabeth Tisdahl, Mayor at 12:22 p.m., October 9, 2014. Respectfully Submitted, Theresa Whittington Liquor Licensing Manager, Legal Department 131 of 323 For City Council meeting of October 27, 2014 Item A5 Ordinance 126-O-14 – Increase Class F Liquor License For Introduction To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 126-O-14, Increasing the Number of Class F Liquor Licenses for Highland Park CVS, LLC d/b/a CVS Pharmacy #8760, 3333 Central Street Date: October 14, 2014 Recommended Action: Staff recommends City Council adoption of Ordinance 126-O-14. Summary: Ordinance 126-O-14 amends Evanston City Code of 2012 Subsection 3-4-6-(F), as amended, to increase the number of authorized Class F liquor licenses from eight (8) to nine (9), and permit issuance of a Class F license to Highland Park CVS, LLC d/b/a CVS Pharmacy #8760 (“Company”), 3333 Central Street. This license will permit Company to retail sale of alcoholic liquor in grocery stores, combination stores, and wholesale clubs requiring membership in original packages to persons of at least twenty-one (21) years of age for consumption off the premises. Application materials were submitted by Business Representative Linda M. Cimbron. Legislative History: At the October 9, 2014 Liquor Control Review Board meeting, Company requested consideration of application for a Class F liquor license ------------------------------------------------------------------------------------- Attachments: Ordinance 126-O-14 Application See Agenda Item A4 for Minutes of October 9, 2014 Liquor Control Review Board meeting Memorandum 132 of 323 10/9/14 126-O-14 AN ORDINANCE Amending Subsection 3-4-6-(F) of the City Code to Increase the Number of Class F Liquor Licenses from Eight to Nine (Highland Park CVS LLC, d/b/a CVS Pharmacy #8760, 3333 Central Street) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(F) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class F liquor licenses from eight (8) to nine (9), to read as follows: (F) CLASS F licenses, which shall authorize the retail sale of alcoholic liquor in grocery stores, combination stores as defined in Section 3-4-1 of this Chapter, and wholesale clubs requiring membership in original packages to persons of at least twenty-one (21) years of age for consumption off the premises. The applicant for such license shall pay an initial fee of $35,000.00 and thereafter an annual fee of $11,500.00. 1. It shall be unlawful for a class F licensee to sell a single container of beer 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 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 licensee to sell a single container of wine unless the container is greater than sixteen (16) fluid ounces or 0.473 liters. 3. It shall be unlawful for a class F licensee to sell a single container of alcoholic liquor, except beer and wine which are regulated by Subsections (F)1. and (F)2. of this Section, unless the container is greater than sixteen (16) fluid ounces or 0.473 liters. 133 of 323 126-O-14 ~2~ 4. The sale of alcoholic liquor at retail pursuant to the class F license may begin after 8:00 a.m., Monday through Sunday. Alcoholic liquor 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 N liquor license. 6. A class F licensee shall provide a minimum of twelve thousand (12,000) square feet of production, preparation, and display area in which products are prepared and are for sale. The total number of class F licenses in effect at any one time shall not exceed eight (8)nine (9). 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 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. 134 of 323 126-O-14 ~3~ Introduced: _________________, 2014 Adopted: ___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 135 of 323 136 of 323 137 of 323 138 of 323 139 of 323 140 of 323 141 of 323 142 of 323 143 of 323 144 of 323 145 of 323 l.J».1EI'IDED }.J®IIp.sTA.'l'ED O.F:'Ef\.A..·.dl--JG AGRk',t;,;iXiENT OF E)ghland.Park CVS1L.L.C.(the "Company") as of 0 1/01120~()· ~A.J?,TICT-E1 FOPJV.lJ>,TION .AJw M3lvIBERSmP SECTION 1.01.Porrnaricn.rue Company-has been organized ass.limited liability company pursuant to .the Illinois Limited Liability Company Act,as amended (the "Act").The Act shallgovernthe rights and liabilities of the parties nereto except as etnerwise expressly .stared, i\R.TICLEIl .OFFICES.NAJvffi,ETC. SECTION'2.01.PrincinsJOffice.Theprincipaloffice of the Company shall be One CVSDrive,Woonsocket,Rhode Island .or suea other 'Place as may be deterrnmed from time to time by the J:f~. SECTION2D2..Nnme.'Inebusinessofthe Company shall be conducred under the.uame of "Eighland:ParkCVS,LL.CT'or such other name as.theMember may deten:nine from time to.time'. SECTION 2..03.Term.The term oftne Company commenced on the darerts Certificate of Formation was medm the office of the Secretary of.State ofIDinois and shall continue until terminated as hereinafter provided. SECTION 2..04.Authorized Pen:omh The actions of the inilivinpaJ who executed the Certificate ofFO!:l:Illlti.anafthe Company as an Amnorizee.Person oftb.e Company, are nereby ratified. SECTION 2..05,Rezistered.Azent.The name of tne Conroanv's :Retistered•v _ Agent in Illinois shall be 'CT Corporation System. SEClIGN 2..06.Ilusiness Ventrrres.Tne lv1eDiber IDa)1 engage independently or wita others in otnerbusiness ventures or every nature and cescription.rand the Cozrrparry shall not have any rights in and to such rndepeudeatventnres or-the rncorne or profrts derived therefrom. 146 of 323 ·AP\.,.TIcr.:-EID PUP...POSES.AJ'ID :POV!EP\.'S SECTION 3.01.Pumose.The Company shall be asole.member limned Iiabiliry company organized under the laws of the S't1l1:D of.Illinois.The nurpcse or th~Company is .retail sales of drugs >health and.beauty aids and my and an ather Iawft..il acts or activities permitted under the Act. SECTION 3.02.Powers.In furtherance of the purposes of the Companyas set forth in Section 3.01 and'm addition to those powers provick:a in fae Act,the Company hereby' hastheaddnirmal uower.and arrtnerrrv'to enrermtoany-kind of activity.and to ueriOII!l and carry out con:tractsofanykintln;cesiary to,o~in connection with,orincicL'"Iltal to, the.accomplishment.of the purpoaes of the Company~so long as said activities-and comracts.maybe.Iawfulrycarried on or.performed by a Iimited liability company 1IDCk:r theAct, i-uZTICI r,IV CAPITAL OF TEE COMJ?.AJ\fY SECTION 4.01 Canital Contributions.The Ivrember has contributed to the capital of the Company in-such amounts as set forth in the books and records of the Company.The N,J.;;mu=:r shall not he cblrgared.tomake additional contributions. i.,.RTICLRV :MEMBER ,. SECTION 5.01.IdentitvandLiabilinrofMembeI.The "l\1:.emberT \shall be.the party setforth on.Exhibit A hereto,as such may be amended fronrnme to time.The Ivlember snallnotbe liable for the obligations of the Company solely by reason of being a M.embe:r.The.Member-saalluot be required to make-any contributions to the capital 01 the Company. A..RTICT....E '\TI lVLiLNAGEMENT SBCTI:JN 6.0 L.Genera1.Tne Dowen;.of the Conmanv snall be exercised~•J exclusively by orunder the-exclusive authority of,and the business ano.affairsof the COIDUaIlVShall be.manazedunder the exclusive direction and control of"the lvIemb:::;r ...,...-" SECTION 6.02.,Officers. Ca)If desired, tne Ivkmber mayappcirrtone or more officersof the Company, which ID1l'V mcludea.Presicem,one.or more '\7ice Presidents.a Secretary,one or mOT::.'.~ Assistant Secretaries.a Treasurer and one or more Assistant Treasurers. 147 of 323 (b)Any officer may be -removed,either vAm or without caUEe,by me lVlemb=r, (c)Any officer may resign at any time by giving written notice to the 1vi::mb~, Jury sucb.resiznanon shall take effect at the.date of receipt of such notice.or at anv later".-__....,.1 time snecified therein:and w2::ss otherwise sDedfied tnerein.jhe acceptance of such"",".~""' resignation shall not be neceaaaryro make it effective. (d) A vacancy-in any office because of deata,resignation,removal, clisqruiliiicari.on or any other cause ID1:J:ybe filled by tbe.1V.r...'"!!lb~!, ARTIClE VII DISTRIBt.mONS SEL."l'ION7.01.-Distribnticn of ComnanvPunds.J>....:ttcrproviiling forthe pa)'m,..,Pfit of any amountsdue on anyindebtecness of the Company and providing rOT a reasonable reserve.iOT the paym....""!ltQf·expemesaffne Company,any remammg cash funds of the Company may bedistrimrtedor advanced to the.Nb:mher.. ARTICLE\lID ThiDElVD"TIFICATION SECTION 8.01.Jndemnifi.catioTI .ofMemberand Officers.The Member orthe officers .of the.Company (each,all "lnderrmified.Persontr).shill be .indemnified in the manner andto the full extent permittedby the 'Act.Each person who at any time i~,or shill have been, a 11:.ember or officer of the Company,and is threatened to be or:is rnade.a party toany threatened,ponding Dr completed action.,suit or.proceeding,whether.civil, criminal,administrative orinvestigative,by .reaaon.or the fact that he 0:;:she is,.or was,a 1iember.officer or agent of tneCompany,oris or has served at the request of the Company as a manager,officer,member,employee.or agent of aaotncr-company, pannersmp,jomtventnre,trust or.otherenterprise,shall be inderrmified agaiastexpenses (including attorneys \fees "and expenses),jud.gr.nents.,fines and amOUUl:E paid in aettieanent actually and.reasonably incurred i.IJ.connection with any such action,suitor proceedirrg to the-fullest extent peIIDitteB...The foreg.oing right of indemnfficanon shill in no wa)'be exclusive of <my other rights of indemnification to which such Member or officer may be entitled under any agreement,or otherwiae,and sMTI continue as to a person who has ceasedto bea Memberor officer.and shan inure to the benefit of the heirs,eXeClltCJI:'EiIDO administrators of such a nerson. ~, Jill.TICLE IX. ?I8CAL Y-Fiili~ACCOtJNTJJ'fG.lNSPECTION OF BOOr;.S SEcnON 9.0I,ris:::a}'Y ear and Accounrina.Except as otherwise dererrnrned by the lv.bmDer.the.fiscal year of the Company shall be the calendar year.Tnt books oftae 148 of 323 Company shall be L"'}lt on.such.method as the M:::rn.bcr shall from time to time determine consistent with generally accepted accounring principles. S~CTIO"t..~a ·0'7 In '~B ."....,bool ," C ·h._11 M1,.n~.J.'I .:-._.sne:::nOD or Darts.Lne DOKE or me ompanysnan at a.u timet;be available forrasnectionand andit-bv fuelY.iember at the Conmanv's prmcinal-'"-....:..... .place.ofbusiness during bu:tirle~r;hours. DISsOLtmoN SEC'110N IO.Ol.Bvents ofDissoluuan.The:C Dmp any shall be.dissorved on the firsrto occur of the following events:(a)theWleIDber:approves in writing the termination enddiasolution.of the Company or (b)tb:.e bankruptcy or dissolution of the Member. Notwithstanding thewEsolu:tion of the Company,the business of theCompmlys:hall continue to be governed.by this Agreemenrunti;taewrndmg up of the:Company OCCUJ:'S.. SECTION lO ..Q2..Distribution lJ.uonD1sso1ution.Dpon ilissClluuon,after navment of,or aoenuarenrovision ior,:thed.ebtz and oblizarions aT the Corrmanv.rthe ~...__4 --..I.-.....' remainingaasets of the Company (cr the proceeds of sales or allier ciio-pasitionsin liquidation of the Company's assets)shall be distdbuted-tc the 1\iember.The Company shall terminatewhenall property has been distributed to the lYi.emb~, .ARTICT-E :.XJ GEN'EPJl.LPRO,\TISIONS SBCBON 11.01.MociifJ.ca-non:This Agreement may beamend.ed or modified by 1·•;the Member.. .SECTION 11.02,Gov~ll!!.Law:Severability.1-'Jl questions with respectto the construction of this Agreement and the rights-and·liabilities cftne W.tembershal1 be determined rn.accordance-witn the applicable provisions of the laws afthe'State of illinois.If any provision oftbiB Agreement,ortne application thereof to any person or circumstances,shaJl,for any reasonand to an)'extent,be .invalid or UIlcmor::;eabk,the remainderof this Agreement and the application of that .provision to other personsor circumstances shall not be.affected,but rather shall be,enforced to the extent permrtterl D-V.... law. SECTION 11.03.Pronouns.Ferninine.or neuterpronouns shall be.substituted for those of the masculine gender,the plural for the singular and 'the singular for the plural,in any place in this Agreement wherethe context may'require sucasubstinnion, 83'-:lION 11.04.Titles.The titles of fu-ricleE andSections aremclnde d only for convenience mel snallnotbe construed as B part or tbis }.greement or ill any resp::.c:c affecting 0::-modifying 11:l'provisions. 149 of 323 150 of 323 151 of 323 152 of 323 153 of 323 154 of 323 155 of 323 156 of 323 157 of 323 158 of 323 159 of 323 160 of 323 161 of 323 162 of 323 163 of 323 164 of 323 165 of 323 166 of 323 For City Council meeting of October 27, 2014 Item A6 Ordinance 127-O-14 – Increase Class O Liquor License For Introduction To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 127-O-14, Increasing the Number of Class O Liquor Licenses for Dil Foods, Inc. d/b/a Shell Gas Station, 2494 Oakton Street Date: October 9, 2014 Recommended Action: Staff recommends City Council adoption of Ordinance 127-O-14. Summary: Ordinance 127-O-14 amends Evanston City Code of 2012 Subsection 3-4-6-(O), as amended, to increase the number of authorized Class O liquor licenses from zero (0) to one (1). Dil Foods, Inc. d/b/a Shell Gas Station (“Company”), 2494 Oakton Street, was recommended for issuance of a Class O liquor license. This license will permit Company to retail sale on the premises specified of alcoholic liquor in original packaging only for consumption off the premises until midnight. Application materials were submitted by Business Representative Minhaz Lakhani. Legislative History: At the October 9, 2014 Liquor Control Review Board meeting, Company requested consideration of application for a Class O liquor license (automobile service stations). The Board recommended the issuance of a Class O Liquor License. ------------------------------------------------------------------------------------- Attachments: Ordinance 127-O-14 Application See Agenda Item A4 for Minutes of the October 9, 2014 Liquor Control Review Board meeting Memorandum 167 of 323 10/9/2014 127-O-14 AN ORDINANCE Amending Subsection 3-4-6-(O) of the City Code to Increase the Number of Class O Liquor Licenses from Zero to One (Dil Foods, Inc., d/b/a “Shell Gas Station”, 2494 Oakton Street) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(O) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class O liquor licenses from zero (0) to one (1), to read as follows: (O) CLASS O licenses, which shall authorize the retail sale of beer in automobile service stations as defined in Section 3-4-1 of this Chapter, and in original packages to persons of at least twenty-one (21) years of age for consumption off the premises. The applicant for such license shall pay an initial fee of $2,000.00 and thereafter an annual fee of $2,000.00. 1. It shall be unlawful for a Class O licensee to sell a single container of beer 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 containers of beer for sale as a set. Any such manipulation of packaging shall be a violation of this subsection. 2. The retail sale of beer pursuant to the Class O license may begin after 8:00 a.m., Monday through Sunday. Beer shall not be sold after the hour of 12:00 midnight on any day. The retail sale of beer area on the premises shall occupy no more than five hundred (500’) square feet of floor space. 3. No sale of beer shall be allowed to any patron who is occupying a motor vehicle at the time of sale. 4. No sale of beer shall be allowed from a drive-in window or other similar opening in the licensed premises to any patron. The total number of Class O licenses in effect at any one (1) time shall not exceed zero (0)one (1). 168 of 323 127-O-14 ~2~ SECTION 2: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. 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: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced:_________________, 2014 Adopted:___________________, 2014 Approved: _________________________, 2014 ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 169 of 323 170 of 323 171 of 323 172 of 323 173 of 323 174 of 323 175 of 323 176 of 323 177 of 323 178 of 323 179 of 323 180 of 323 181 of 323 182 of 323 183 of 323 184 of 323 185 of 323 For City Council meeting of October 27, 2014 Items A7 Ordinance 114-O-14, Sale of Beer in Twenty-Two Ounce Containers For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Ordinance 114-O-14, Amending City Code Section 3-4-6-(P-2) to Allow for Sale of Beer in Twenty-Two Ounce Containers for Off-Site Consumption Date: October 20, 2014 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 114-O-14. This ordinance was introduced at the October 13, 2014 City Council meeting. Summary: The City of Evanston (“City”) currently restricts the P-2 liquor license to the sale of beer in thirty-two (32) ounce containers or greater for off-site consumption. Temperance Beer Company approached the City of Evanston’s Local Liquor Control Board (“LLCB”) requesting to decrease 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-2 liquor licenses. Attachments: Ordinance 114-O-14 Minutes of the August 27, 2014 Liquor Control Review Board meeting Memorandum 186 of 323 9/9/2014 114-O-14 AN ORDINANCE Amending Subsection 3-4-6-(P-2) 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-2) 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-2) 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 and retail sale for 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-2 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-2 licensees may during authorized hours of business offer for onsite consumption samples of beer, or beer for retail sale, the beer permitted to be produced and sold pursuant to this classification. Licensees who offer servings of beer for retail sale shall provide expanded food service which includes such items as sandwiches, flatbreads, empanadas, hot dogs, salads, or other similar a la carte items to customers who are purchasing a craft beer 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 187 of 323 114-O-14 ~2~ shall comply with all applicable requirements of Title 8, Chapter 6 of the City Code. 3. Class P-2 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-2 licensees must provide food service whenever beer 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. Craft beer for product sampling or retail sale for on-site consumption shall be sold and dispensed only in containers provided by the licensee. Craft beer servings for consumption on premises shall be dispensed in containers no larger than sixteen (16) ounces. Craft beer 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 the craft beer sold at retail or offered for sampling. 4. It shall be unlawful for the holder of a Class P-2 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-2 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-2 licensee who participates in the production and sale of beer, pursuant to this license class, must be BASSET-certified. 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 $4,090.00. 188 of 323 114-O-14 ~3~ No more than one (1) such license 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 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: _________________, 2014 Adopted: ___________________, 2014 Approved: __________________________, 2014 ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 189 of 323 Page 1 of 4 MEETING MINUTES Liquor Control Board Wednesday August 27, 2014 11:30 a.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2750 Members Present: Mayor Elizabeth Tisdahl, Marion Macbeth, Dick Peach Members Absent: Dave Skrodzki, Byron Wilson Staff Present: W. Grant Farrar, Theresa Whittington, Mario Treto, Johanna Nyden Others Present: Josh Gilbert (Temperance Beer); Diana Hamann (Wine Goddess); Sandeep Ghaey (Vinic Wine); Amy Morton (Found); Dave Glatt (Dave’s Italian Kitchen) 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 11:35 a.m. NEW BUSINESS Temperance Beer Company, 2000 Dempster Street, Evanston, IL: Seeks amendment to liquor license Class P-2 (Craft Brewery with on-site consumption) to allow for sale of beer in 22 ounce containers for off-site consumption. Josh Gilbert (JG) requested an amendment to the Class P-2 license to allow for the sale of 22 oz. “bombers” for off-site consumption. JG brought in a sample of a 32 oz. container and a 22 oz. container to demonstrate the difference in sizes. The 32 oz. container is currently allowed under P-2. The 22 oz. containers will most likely contain small batch, special edition beers. Mayor Tisdahl asked which other establishments sell 22 oz. beers. JG responded that Binny’s and Evanston 1st both sell 22 oz. containers. Amy Morton offered that 22 oz. containers are main stream these days. Dick Peach agreed that the 22 oz. container is typical in the craft beer industry. Mayor Tisdahl expressed some concern over public consumption. JG explained that the price point of a 22 oz. craft beer is higher than typical beer and does not think its target consumer is inclined to public consumption of alcohol. Sandeep Ghaey offered that public consumption often occurs with 40 oz. containers which are currently allowed under the liquor code. Grant Farrar offered that the 22 oz. container amendment could be drafted to apply to both craft brewer classes, P-1 and P-2. The 22 oz. container contents will be specific to “American Craft Beer”. 190 of 323 Page 2 of 4 The Local Liquor Control Commissioner asked the members if there were any further concerns over the request. None were voiced. Amendments to Classes P-1 and P-2 are to be introduced at the City Council meeting on October 13, 2014. FOR DISCUSSION Diana Hamann – owner of The Wine Goddess, 702 Main Street Request to eliminate or reduce the 6% liquor tax Diana Hamann (DH) created a change.org petition to eradicate the liquor tax and reported to the board that she has obtained 375 signatures in support of the action. DH distributed handouts to attendees. The handout contains a breakdown of liquor, food/beverage and state/local tax by Chicago-land cities. DH explained to the board that Evanston has an effective tax rate of 15% on liquor, after accounting for the state/local sales tax. Page 2 of the handout contrasted profit margins between a retail liquor store and a restaurant that sells liquor. It provided further details specific to The Wine Goddesses’ sales. DH explained that restaurants only pay 2% of their gross profits to liquor tax while a retail package store will pay 17% of its gross profits to liquor tax. She feels this is unfair to packaged goods stores. Using these profit margins, DH explained that her business is running a monthly deficit of -$676.00 per month and attributes part of those losses to the liquor tax. DH cited steady increases in liquor tax revenue over the past ten years as reasoning that the liquor tax could be reduced. DH offered three ways to reduce the liquor tax: 1) eliminate entirely the liquor tax for retail packaged goods stores; 2) share the tax burden by increasing the state and local tax by 0.25%; 3) broaden the tax base by increasing the prepared food and beverage tax by 0.5%-1%. Mayor Tisdahl thanked DH for her presentation. Mayor Tisdahl noted that a cut in taxes would also equal a cut in services. That will entail long and hard discussions with the people whose services would be cut. Raising taxes on another group will involve equally difficult discussion with that group. Removing $2 million dollars in taxes will result in services getting cut. DH responded that part of her proposal is to shift or share the tax burden in order to avoid revenue loss by the City. Sandeep Ghaey (SG) acknowledged that it is difficult for business people to also be policy makers. SG said he definitely feels the pinch every 30 th of the month when his liquor tax bill is due. He does not think the City ought to be taxing him at the current rate. SG doesn’t want to take $2million from the City but he also does not want to incur great cost either. SG stated that his company makes less that he has given to the City every year for the past 5 years. He wondered why he should work 80 hours per week only to give the City more than his company makes. He has considered moving his business outside of Evanston, citing the $5000 annual fee as 2.5 times the Chicago rate. SG cited a 2007 economics analysis study by the Goodman Williams Group. It showed a $10 million dollar gap in demand versus supply for liquor sales in Evanston. SG noted that many comments on the change.org survey said Evanstonians take their retail liquor purchases outside of the City to avoid the tax. The City is losing potentially 191 of 323 Page 3 of 4 $10 million dollars in liquor business. He offered if we lowered the tax to 2% then the City would lose less in sales. This could offset the loss in tax revenue. Dave Glatt offered that he is aware of serious wine collectors who will not buy in Evanston because the wine cost more due to the tax. 6% tax keeps them out of Evanston. Mayor Tisdahl said she is happy to refer this matter to the economic development team for further review. Mayor Tisdahl asked Johanna Nyden to look into whether it is reasonable to expect increased sales to make up for a cut in liquor tax, as Sandeep Ghaey suggested. Marion Macbeth acknowledged that the 6% tax may be onerous. She further stated a preference to spread out the tax burden by decreasing the liquor tax and increasing the prepared food and beverage tax. Mayor Tisdahl explained that the City incurs extra costs that are specific to alcohol. She cited the homicide at the Keg and the extra police time spent dealing with intoxicated college students. DH stated that the liquor tax penalizes business owners. The Mayor disagreed and stated that the intent is not to penalize anyone. She further stated that the 6% liquor tax existed before DH opened up her business and it should have been part of her business plan calculations. Dave Glatt (DG) stated that taxing alcohol is bad but that taxing food is worse. He agrees that alcohol causes social problems that cost money to address and that eating food does not cause similar issues. Taxing alcohol means taxing adults. Taxing food means taxing across all age groups, including children. DG noted that Whole Foods only pays 2% tax on its takeout food versus 9% on takeout food from a restaurant. Marion Peach offered that someone will always be unhappy when it comes to taxes. Marion Macbeth also pointed out that cities such as Naperville have larger commercial business and shopping tax bases and may not be the best cities to use for comparison purposes. Dick Peach stated that he buys a lot of wine and eats out a lot in Evanston and has never noticed the tax amount before. He pays for the quality of the food and service but does not look at the tax. As a consumer he does not see the issue. While he is sympathetic, he stated the tax is not hidden and that all business owners should have been aware of the tax when they opened their businesses in Evanston. Dick Peach goes on to state that the bulk of tax revenue comes from restaurants with liquor licenses and that he wants to see those thrive. He is not in favor of an increase in the food tax. Amy Morton (AM) shared her belief that everyone in the room shares the goal of maintaining Evanston as a world-class City. She wants Evanston to continue bring as many businesses to Evanston while maintaining the growing residential base. AM lives and works in Evanston. She stated that she wants to offer the very best prices to her guests but is not in favor of cutting City services as a result of cutting liquor taxes. The Found POS system shows a tax of 15% which is often misinterpreted by patrons as a “gratuity included” charge resulting in lower tips for her staff. She stated further that it would be great to have a lower liquor tax, but the issue is complex. The issues need to be explored but in a way that keeps in mind the children receiving free or reduced lunches. 192 of 323 Page 4 of 4 Johanna Nyden stated that she will work with the City Manager and City Treasurer to discuss possible recommendations. Mayor Tisdahl indicated her trust in the economic development team to work through the issue. Sandeep Ghaey – owner of Vinic Wine, 1509 Chicago Ave Sandeep Ghaey (SG) discussed the administrative fee tax credit issued to license holders. He requested an increase in the credit amount issued to liquor license holders. SG stated that he loses 4% on sales made by credit card and only receives a 2% administrative fee tax credit. The tax credit is not in line with his costs. He would like to see the credit percentage increased. SG indicated a willingness to table the discussion until the broader issues for liquor taxes raised earlier are fully vetted. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Elizabeth Tisdahl, Mayor at 12:32 p.m., August 29, 2014. Respectfully Submitted, Theresa Whittington Liquor Licensing Manager, Legal Department 193 of 323 For City Council meeting of October 27, 2014 Item A8 Ordinance 122-O-14: Dissolution of Southwest Tax Increment Finance District For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/Treasurer Subject: Ordinance 122-O-14 - Dissolution of Southwest Tax Increment Finance District Date: October 6, 2014 Recommended Action: Staff recommends adoption of Ordinance 122-O-14 to dissolve the Southwest TIF District effective December 31, 2014. As a part of this closure the City is required to officially notify all taxing districts regarding the dissolution and any distribution thereof from remaining funds in the TIF. This ordinance was introduced at the October 13, 2014 City Council meeting. Funding Source: N/A Summary: The Southwest TIF will close on December 31, 2014. As noted below, the City will have a modest amount of fund reserves for distribution, however, if further projects are noted between now and December 31, 2014, staff will seek Council approval for expenditure of these funds as opposed to distribution. According to the proposed 2015 budget, to be released on October, 10, 2014, the 2014 tax increment is estimated to be $610,000. As is also noted in the 2015 proposed budget, the FY 2014 proposed tax levy will include $128,000 from this TIF. As noted during the closure of the Downtown II TIF in 2009, this addition to the General Fund Operating Levy will not result in an increase to the overall levy to Evanston tax payers. The Southwest TIF covers an area of the City bounded by Main Street to the North and Pitner to the East as noted on the map on the next page. Memorandum 194 of 323 Page 2 of 4 195 of 323 FY 2013 FY 2013 FY 2014 FY 2014 Budget Audited Budget YTD Amended Actual Adopted Actual Net Property Tax Increment 465,000$ 492,410$ 485,000$ 607,662$ Interest Income 100 2 1,000 6 Total Revenue 465,100 492,412 486,000 607,668 Economic Development Activities - 459 748,439 - Capital Improvement Projects 580,000 422,675 - - Operating Transfer to General Fund 29,500 29,500 29,500 19,667 Total Expenditures 609,500 452,634 777,939 19,667 Net Surplus (Deficit)(144,400)$ 39,778$ (291,939)$ 588,001$ Beginning Fund Balance 304,939 344,717 Ending Fund Balance 344,717$ 932,718$ City of Evanston Southwest TIF As of August 31, 2014 As noted above the TIF is expected to close the year with a fund balance just over $930,000. Assuming that the City receives approximately 20% of the total Evanston tax bill, this surplus would result in an estimated distribution to the City of just over $186,000. These funds would be distributed according to the City’s levy, which means that a portion will go toward The General Fund, Library Fund, and Police/Firefighters Pension Funds. Due to the transition of the Township, this portion would be deposited in the General Assistance Fund. The City Council Agenda will have a surplus distribution ordinance for consideration in November 2014. This ordinance may be impacted by two separate ongoing issues as noted below: 1. The Village of Arlington Heights has filed suit against Cook County, challenging the process wherein the County has deducted prior year tax refunds from within a TIF district, taking the funds from the Village’s General Fund Tax Levy. 2. The City is considering whether to escrow all or a part of surplus funds for the purpose of paying future year tax refunds from the closed TIF district. This same issue was contemplated in 2009 when the Downtown II TIF was closed, and in that case the City transferred funds to the Parking Fund for payment of the Page 3 of 4 196 of 323 Sherman Avenue Parking deck debt service. Having no such outstanding liability, the Southwest TIF scenario would require the City to escrow the funds in some manner. The TIF frozen valuation at inception was $1.0 million and as of December 31, 2013, was valued at $6.7 million, making the increase 570%. After the Southwest TIF is closed and all numbers are finalized and audited, we will provide a report on the success of the district and the financial benefits it has brought to the City. Legislative History: Ordinance 47-O-1990 Ordinance 48-O-1990 Ordinance 49-O-90 Attachments: Ordinance 122-O-14 Page 4 of 4 197 of 323 10/6/14 122-O-14 AN ORDINANCE Terminating the Redevelopment Project Area of the City of Evanston, Illinois, and Related Matters (“Southwest TIF”) WHEREAS, pursuant to Ordinances 47-O-90, 48-O-90, and 49-O-90 adopted June 25, 1990, the City of Evanston, Illinois (the “City”) adopted a redevelopment plan and a related redevelopment project (the “Redevelopment Plan and Redevelopment Project”), designated a redevelopment project area (the “Redevelopment Project Area”) (as described in Southwest TIF Redevelopment Project), and adopted tax increment finance for the Redevelopment Project Area. WHEREAS, City Council has received the certification of the City’s Treasurer and Community Development Director that all redevelopment project costs for the Redevelopment Project Area have been paid, that all obligations in connection with the Redevelopment Project Area have been retired, and all excess monies have been distributed, and notice of the dissolution of the special tax allocation fund and the termination of the Redevelopment Project Area was given by the City Clerk on or before November 1, 2014, to all affected taxing districts. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, ILLINOIS, as follows: SECTION 1: The City dissolves the special tax allocation fund for the Redevelopment Project Area, and terminates the Redevelopment Project Area as a “redevelopment project area” under the Act. 198 of 323 122-O-14 ~2~ SECTION 2: The City Clerk shall immediately file a certified copy of this Ordinance 122-O-14 with the County Clerk of Cook County, Illinois. SECTION 3: This Ordinance 122-O-14 shall become effective immediately upon its passage and approval. Upon motion by __________________, seconded by __________________, adopted this ___ day of _________________, 2014, by roll call vote as follows: Voting “Yes” (names): _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ Voting “No” (names): _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ 199 of 323 122-O-14 ~3~ Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 200 of 323 STATE OF ILLINOIS ) COUNTY OF COOK ) SS. CITY OF EVANSTON ) CERTIFICATION OF ORDINANCE 122-O-14 I, Rodney Greene, do hereby certify that I am the duly selected, qualified, and acting City Clerk of the City of Evanston, Cook County, Illinois (the “Municipality”) and, as such Official, I am the keeper of the records and files of the Municipality and of its City Council (the “Corporate Authorities”). I do further certify that the attached ordinance constitutes a full, true, and correct excerpt from the proceedings of the Municipality’s Corporate Authorities held on _________________________, 2014, entitled: AN ORDINANCE Terminating the Redevelopment Project Area of the City of Evanston, Illinois, and Related Matters (“Southwest TIF”) a true, correct, and complete copy of which ordinance as adopted at such meeting appears in the minutes of such meeting and is hereto attached. Such ordinance was adopted and approved on the date thereon set forth by not less than an affirmative vote of a majority of the Corporate Authorities and approved by the Mayor on the date indicated thereon. I do further certify that the deliberations of the Corporate Authorities on the adoption of the above ordinance were taken openly, that the vote of the adoption of such ordinance was taken openly and was preceded by a public recital of the nature of the matter being considered and such other information as would inform the public of the business being conducted, that such meeting was held at a specified time and place convenient to the public, that notice of such meeting was duly given to all of the news media requesting such notice, that such meeting was called and held in strict compliance with the provisions of the Illinois Municipal Code, as amended, and that the Corporate Authorities have complied with all of the applicable provisions of such laws and such Code and their procedural rules in the adoption of such ordinance. IN WITNESS WHEREOF, I hereunto affix my official signature and the seal of the City of Evanston, Illinois, this ____ day of ______________, 2014. (SEAL) By: __________________________ Rodney Greene, City Clerk 201 of 323 For Administration & Public Works Committee October 27, 2014 Item APW1 For Discussion To: Administration and Public Works Committee From: Wally Bobkiewicz, City Manager Marty Lyons, Assistant City Manager Johanna Nyden, Economic Development Division Manager Subject: Discussion of the City of Evanston’s Liquor Tax and Collected Liquor Tax Revenue Date: October 10, 2014 Summary: A reference was made to the Administration & Public Works Committee at the October 6, 2014 meeting of the Rules Committee to investigate the City’s Liquor Tax Rate and whether or not this places Evanston-based retailers of alcohol at a competitive disadvantage. Staff has examined the issue and has provided a summary of information and background on the tax assessed and subsequent revenue collected by the City. Information is also provided on total licenses issued by the City as well as comparable and adjacent municipalities; some analysis of the comparison between these municipalities was also conducted to facilitate discussion. It is noteworthy to point out that it is challenging to compare Evanston’s competitive advantage or disadvantage without having information on the total sales volume of other municipalities directly adjacent to Evanston (i.e. locations that Evanston shoppers may shop for liquor in lieu of shopping in Evanston because they seek the savings of not paying the tax upon liquor purchased). Municipalities adjacent to Evanston do not levy a tax on liquor. Background: The City’s tax on alcohol for on- and off-premise consumption is known in the City Code (3-2-14-2) as the “Tax on the Privilege of Purchasing Alcoholic Liquor”. The City levy’s for such beverages is at a rate of six percent (6%) of the purchase price, exclusive of any other tax charged for alcoholic liquor. The Code permits the dealer of the alcoholic liquor to retain an amount of money equal to two percent (2%) of the tax due as compensation for services rendered in the collection and payment of the tax. Therefore, if the monthly liquor tax revenue remitted is $1,000, the dealer may retain $20 as an administrative fee. The funds collected through the tax on the privilege of purchasing alcoholic liquor are deposited in the City’s General Fund. Memorandum 202 of 323 The City’s liquor tax revenue has steadily grown since 2001 with the exception of a few years that appear to coincide with larger economic downturns (early 2000s recession and the Great Recession in 2007-2008). The reduction in 2011 is likely related to the City’s shift in fiscal years in which 2011 was a 10 month fiscal year, rather than a regular 12 month fiscal year. The City’s liquor tax revenue also reflects income from several distinct sources: 1) retailers associated with large grocery stores; 2) restaurants and hotels; 3) smaller retailers; and one-day liquor licenses. The tables and charts below illustrate the sources of funds and trends over time. Liquor Tax Revenue Collected 2001-2013 Note: FY2011 represents a 10 month year. Staff also examined the breakdown between total tax collected by establishments offering alcohol for sale for “off-premise consumption” (i.e. Jewel-Osco, Whole Foods, etc.) as compared to establishments with “on-premise consumption” licenses (i.e. restaurants, hotels, etc.). The pie charts on the following page illustrate the distribution between the total revenue collected at 1) establishments selling alcohol for “off-premise consumption” as compared to 2) establishments that sell alcohol for “on-premise consumption”. As depicted in the pie chart, the majority of liquor tax revenue collected in Evanston is at establishments that sell alcohol that is for “off-premise consumption”. Based on the liquor tax on sales for alcohol for “off-premise consumption”, sales were approximately 57% and 54% of the total liquor sales for FY2013 and FY2014 year-to-date, respectively (Note: FY2014 is still in process, the reports of revenue provided are from January 2014 203 of 323 through June 2014). Approximately 42% and 43% of total liquor tax revenue collected for FY2013 and FY2014 year-to-date, respectively, was from sales of alcohol at “on- premise consumption” establishments. . Further study of liquor tax revenue collected for” off-premise consumption” indicates that the majority of sales occur in establishments greater than 10,000 square feet (i.e. Jewel-Osco, Trader Joe’s, etc.). A list of all establishments licensed for the sale of alcohol in Evanston is attached to this memorandum. Comparison to Adjacent and Comparable Municipalities As stated in the introduction to this memorandum, it is difficult to derive an understanding of Evanston’s competitive advantage or disadvantage for sales of alcohol for on-premise or off-premise consumption. Staff reviewed adjacent and comparable municipalities to collect information on other municipalities to determine other municipalities that also have taxes on liquor and/or food and beverage tax and also to determine if Evanston exhibited characteristics of a community that was an outlier (ie, Does information indicate that Evanston has fewer liquor licenses than other $1,227,511 $196,347 FY2013 Breakdown of Off-Premise Liquor Tax Revenue Collected Larger than 10K Sq. Ft. Smaller than 10K Sq. Ft. 204 of 323 municipalities of comparable size due to higher tax rates and therefore it can be contemplated that it is less economical to sell alcohol). It is difficult to assess the impact of the tax on liquor upon sales of liquor due to the fact that sales of liquor in adjacent municipalities is are not publicly available information. Therefore, it is impossible to fully understand how many sales are “leaking” out of Evanston and going to other municipalities. The table on the following page summarizes the data collected on a variety of municipalities that are either adjacent or comparable to Evanston. Municipalities were selected for inclusion in the analysis due to either adjacency to Evanston, use of a tax on liquor, or possessing similar demographics. A few noteworthy highlights (data and information based on reports from the Illinois Liquor Control Board and not from individual municipalities in order to ensure a fair comparison across municipalities): • Evanston has the highest tax on liquor rate at 6% as well as the greatest number of total licenses issued (110) of municipalities reviewed; the average total number of licenses per municipality was 60. • Evanston has the greatest number of licenses issued for “on-premise consumption” at 83 total licenses; the average number of “on-premise consumption” licenses issued was 41. • Evanston was below average for total number of licenses issued for “off-premise consumption” at 15 total licenses to an average of 17 total licenses. • Evanston had the lowest acres of land (land comprising the municipality) per liquor license of all municipalities surveyed; Evanston has one liquor license for every 3,205 acres of land in Evanston. Adjacent municipalities such as Skokie and Wilmette had one license for every 6,742 and 5,891 acres of land respectively. Of the municipalities represented in the table, only a few levy a tax on the sale of alcohol. The table below highlights the municipalities that levy a tax, an estimate of total liquor sales as well as an estimate of total sales per person (compares total population as well as total population above 20 years old). Liquor Sales Revenue & Total Liquor Tax Revenue Collected Source: U.S. Census; Municipal budgets | Note: The information collected by Census did not breakdown ages within 20-24, therefore a small number of individuals who are not of legal drinking age are included in this analysis. Evanston’s total liquor sales per person is approximately $738 as compared to Oak Park (often compared as similar demographically to Evanston) at $429 sales per person above 20 years old. Total Count Liquor Sales/Person Total Count Liquor Sales/Person Evanston 41,364,439$ 6% 2,481,866$ 74,486 555$ 56,058 738$ Oak Park $ 16,495,900 3% $ 494,877 51,878 $ 318 38,477 $ 429 Elgin 36,666,667$ 3% 1,100,000$ 108,188 339$ 74,321 493$ Park Ridge 8,482,100$ 4% 339,284$ 37,480 226$ 27,502 308$ Aurora 11,272,727$ 3% 310,000$ 197,899 57$ 130,001 87$ St. Charles 49,603,950$ 2% 992,079$ 32,974 1,504$ 23,993 2,067$ Total Population 20+Total PopulationTotal Liquor Tax Collected (FY2013) Tax Rate Total Liquor Sales 205 of 323 Liquor License Comparison by Community Source: Illinois Liquor Control Board and U.S. Census Total Population Total Size of Municipality (Square Miles) Total Acres Liquor Tax Rate Food & Beverage Tax Rate Total # of Liquor Licenses Number of People/# of Liquor Licenses # of Acres/Liquor License #% of Total #% of Total #% of Total Evanston 74,486 7.80 339,768.00 6.00% 0.00% 110 677 3,089 88 83% 16 15%8 8% Winnetka 12,187 3.89 169,448.40 0.00% 0.00% 17 717 9,968 12 71%3 18%2 12% Glencoe 8,723 3.78 164,656.80 0.00% 0.00% 17 513 9,686 11 65%6 35%- 0% Lincolnwood 12,590 2.69 117,176.40 0.00% 1.00% 20 630 5,859 12 60%7 35%1 5% Park Ridge 37,480 7.13 310,582.80 4.00% 1.00% 29 1,292 10,710 18 62%9 31%2 7% Wilmette 27,087 5.41 235,659.60 0.00% 0.00% 40 677 5,891 20 50% 11 28%9 23% Oak Park 51,878 4.70 204,732.00 3.00% 0.00% 56 926 3,656 44 79% 11 20%1 2% Morton Grove 23,270 5.09 221,720.40 0.00% 1.00% 44 529 5,039 24 55% 15 34%5 11% Naperville 141,644 39.32 1,712,779.20 0.00% 2.50% 100 1,416 17,128 77 77% 15 15%8 8% Skokie 64,784 10.06 438,213.60 0.00% 0.00% 65 997 6,742 43 66% 16 25%6 9% St. Charles 33,327 14.93 650,350.80 2.00% 0.00% 65 513 10,005 45 69% 18 28%2 3% Glenview 44,692 13.99 609,404.40 0.00% 0.00% 84 532 7,255 54 64% 21 25%9 11% Champaign 83,424 22.46 978,357.60 0.00% 0.50% 100 834 9,784 60 60% 29 29% 11 11% Aurora 197,899 45.80 1,995,048.00 2.75% 1.75% 100 1,979 19,950 57 57% 37 37%6 6% Elgin 108,188 37.71 1,642,647.60 3.00% 0.00% 99 1,093 16,592 54 55% 41 41%4 4% AVERAGE 61,444 224.76 NA NA 59.71 903.45 9,424 41.27 0.65 17 0.28 5 0.08 Comparable or Adjacent Municipalities Demographics/Geography Liquor License Count On-Premise Consumption Combo (On- & Off-Premise Off-Premise ConsumptionTax Rates 206 of 323 History of Liquor Tax/Food & Beverage Tax Discussion In 2010, the City discussed the matter of adjusting the liquor tax rate and the potential introduction of a prepared food and beverage tax to offset potential lost revenue from reducing the liquor tax rate. Discussions were held with staff, resident owners and liquor licensees. At the time, the discussion was around the reduction or elimination of the liquor tax for restaurants (“on-premise consumption”) and slight increase of the tax for establishments primarily selling for “off-premise consumption.” In 2010, the City had approximately 92 liquor licenses issued; the breakdown for the 92 licenses was 80 for “on-premise consumption” (86% of total licensees) and 12 (14% of total licensees) for “off-premise consumption”. Attachments: List of Licensed establishments in Evanston (Source: State of Illinois Board of Liquor Control) 207 of 323 List of Establishments Licensed to Sell Alcohol in Evanston, IL No.Business Name On-Premise/Off-Premise/Combo 1 ALDI Off-Premise 2 D & D Finer Foods Off-Premise 3 Evanston 1st Liquors Off-Premise 4 Food 4 Less Off-Premise 5 In Grape Company Off-Premise 6 Osco Drug #3428 Off-Premise 7 Osco Drug #3487 Off-Premise 8 Sam's Club #6444 Off-Premise 9 Sips on Sherman Off-Premise 10 The Wine Goddess Off-Premise 11 Trader Joe's Off-Premise 12 Vinic Wine Company Off-Premise 13 Walgreens #15364 Off-Premise 14 Whole Foods Market (1111 Chicago)Off-Premise 15 Whole Foods Market (1640 Chicago)Off-Premise 16 World Market Off-Premise 17 27 Live On-Premise 18 Addis Abeba On-Premise 19 Bar Louie On-Premise 20 BAT 17 On-Premise 21 Best Western University Plaza On-Premise 22 Bistro Bordeaux On-Premise 23 Blind Faith Café On-Premise 24 Boltwood On-Premise 25 Bravo Cucina Italiana On-Premise 26 Buffalo Joe's Inc.On-Premise 27 Buffalo Wild Wings On-Premise 28 Campagnola On-Premise 29 Carmens of Evanston On-Premise 30 Century Theatres On-Premise 31 Cheesie's Pub and Grub On-Premise 32 Chef's Station On-Premise 33 Chicago's Home of Chicken and Waffles I.I.I.On-Premise 34 Chili's Grill & Bar On-Premise 35 Chipotle Mexican Grill On-Premise 36 Clarke's (Feb 2014)On-Premise 37 Coast Sushi Central On-Premise 38 Company On-Premise 39 Cosi On-Premise 40 Creperie Saint Germain On-Premise 41 Cross Rhodes Restaurant On-Premise 42 Dave's Italian Kitchen On-Premise 43 Davis Street Fishmarket On-Premise 44 Dixie Kitchen & Bait Shop On-Premise 45 Dozika Pan-Asian Cooking On-Premise 46 Evanston Post #42-American Legion On-Premise 208 of 323 List of Establishments Licensed to Sell Alcohol in Evanston, IL No.Business Name On-Premise/Off-Premise/Combo 47 Farmhouse Tavern On-Premise 48 Fire House Grill On-Premise 49 Flat Top Grill On-Premise 50 Found Restaurant On-Premise 51 Giordano's Restaurant On-Premise 52 Hilton Garden Inn On-Premise 53 Hilton Orrington On-Premise 54 Jilly's Cafe On-Premise 55 JT's Bar and Grill On-Premise 56 Kansaku Restaurant On-Premise 57 Kingston Grill Restaurant On-Premise 58 Koi Chinese & Sushi On-Premise 59 Kuni's Japanese Restaurant On-Premise 60 La Macchina Cafe On-Premise 61 Lao Sze Chuan (Mar. 4)On-Premise 62 Las Palmas of Evanston On-Premise 63 Little Wok On-Premise 64 Lou Malnati's Restaurant On-Premise 65 Lupita's Mexican Restaurant On-Premise 66 Lyfe Kitchen (May 21)On-Premise 67 Mt. Everest Restaurant On-Premise 68 Mumbai Indian Grill On-Premise 69 Noodles & Company On-Premise 70 Northwestern University - Norris Center On-Premise 71 Northwestern University Allen Center On-Premise 72 Now We're Cookin'On-Premise 73 Noyes Street Cafe On-Premise 74 Oceanique Restaurant On-Premise 75 Panino's Café and Bar On-Premise 76 Pete Miller Steak House On-Premise 77 Piccolo Theatre On-Premise 78 Prairie Moon On-Premise 79 Presbyterian Homes On-Premise 80 Quince Restaurant On-Premise 81 Royin Sushi Bar (surrendered)On-Premise 82 Siam Pasta Thai Cuisine On-Premise 83 Sodexo America On-Premise 84 S-Paragon On-Premise 85 Starbucks Coffee #243 On-Premise 86 Symphony's on Central, Inc.On-Premise 87 Tapas Barcelona On-Premise 88 Terra An American Bistro On-Premise 89 Thai Sookdee On-Premise 90 That Little Mexican Café On-Premise 91 The Alcove On-Premise 92 The Blue Stone On-Premise 209 of 323 List of Establishments Licensed to Sell Alcohol in Evanston, IL No.Business Name On-Premise/Off-Premise/Combo 93 The Celtic Knot On-Premise 94 The Lucky Platter On-Premise 95 The Mather On-Premise 96 The Merion On-Premise 97 The Stained Glass On-Premise 98 Three Crowns Park On-Premise 99 Todoroki On-Premise 100 Tommy Nevin's Pub On-Premise 101 Trattoria D.O.C.On-Premise 102 Trattoria Demi On-Premise 103 Union Pizzeria On-Premise 104 World of Beer On-Premise 105 Few Spirits Combo 106 Peckish Pig (Mar. 20)Combo 107 Sketchbook Combo 108 Smylie Bros Restaurant and Brewery Combo 109 Temperance Beer Company Combo 110 Ward Eight Combo 210 of 323 PLANNING & DEVELOPMENT COMMITTEE MEETING Monday, October 27, 2014 7:15 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston Council Chambers AGENDA I. CALL TO ORDER/DECLARATION OF QUORUM: ALDERMAN FISKE, CHAIR II. APPROVAL OF REGULAR MEETING MINUTES OF OCTOBER 13, 2014 III. ITEMS FOR CONSIDERATION (P1) Ordinance 129-O-14, Granting a Special Use for a Restaurant-Type 2, 800 Degrees Neapolitan Pizzeria, at 812 Church Street The Zoning Board of Appeals and City staff recommend adoption of Ordinance 129- O-14 granting a special use permit for a Type 2 Restaurant, 800 Degrees, in the D3 Downtown Core Development District. The applicant has complied with all zoning requirements, and meets all of the standards for a special use for this district. For Introduction (P2) Ordinance 130-O-14, Granting a Special Use for a Restaurant-Type 2 at 1814 Central Street, Beth’s Little Bake Shop The Zoning Board of Appeals and City staff recommend adoption of Ordinance 130- O-14 granting a special use permit for a Type 2 Restaurant, Beth’s Little Bake Shop, in the B1a Business District and the oCSC Central Street Overlay District. The applicant has complied with all zoning requirements, and meets all of the standards for a special use for this district. For Introduction (P3) Ordinance 131-O-14, Granting a Special Use for a Restaurant-Type 2, Patisserie Coralie, at 600 Davis Street The Zoning Board of Appeals and City staff recommend adoption of Ordinance 131- O-14 granting a special use permit for a Type 2 Restaurant, Patisserie Coralie, in the D2 Downtown Retail Core District. The applicant has complied with all zoning requirements, and meets all of the standards for a special use for this district. Suspension of the Rules is requested for Introduction and Action by City Council on October 27, 2014. For Introduction and Action 211 of 323 Planning & Development Committee Meeting Agenda Page 2 of 2 October 27, 2014 IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT 212 of 323 Planning & Development Committee Meeting Minutes of October 13, 2014 – 7:15 p.m. Council Chambers - Lorraine H. Morton Civic Center MEMBERS PRESENT: J. Fiske, J. Grover, D. Holmes, A. Rainey, M. Tendam D. Wilson, M. Wynne STAFF PRESENT: M. Muenzer, M. Masoncup, J. Hardin PRESIDING OFFICIAL: Ald. Rainey I. DECLARATION OF QUORUM A quorum being present, Chair Rainey called the meeting to order at 7:35 p.m. II. APPROVAL OF REGULAR MEETING MINUTES OF SEPTEMBER 22, 2014 Ald. Grover moved approval of the minutes of the September 22, 2014 meeting, seconded by Ald. Tendam. The Committee voted unanimously 7-0 to approve the September 22, 2014 minutes. III. ITEMS FOR CONSIDERATION (P1) Ordinance 50-O-14 Amending Title 4, Chapter 14 of the City Code from “Site Plan and Appearance Review” (SPAARC) to Design and Project Review (DAPR) City staff recommends the adoption of Ordinance 50-O-14 to institute a revised staff design and project review process. Staff has identified several revisions that are noted in the attached ordinance that will change this review process and lead to improved recommendations. For Introduction Ald. Grover moved to recommend introduction of Ordinance 50-O-14, seconded by Ald. Tendam. Community Development Director Mark Muenzer explained that this change will provide more of an emphasis on a projects design and aesthetics in addition to the site plan. The change will also allow for a smaller quorum and identify staff members with subject matter expertise in each category. Director Muenzer will remain the Chair and Planning and Zoning Administrator Lorrie Pearson will be the Vice-Chair. The types of approvals will primarily remain the same with the same exclusions for single and two-family homes. A form is being instituted for applicants to determine if projects meet the requirements to comply with City Code in order to move forward prior to any committee approval. Ald. Grover thought the changes makes the process more under-friendly and predictable. She asked if the civilian member has always been a non-voting member. DRAFT – NOT APPROVED 213 of 323 Planning & Development Committee Meeting Minutes of October 13, 2014 Page 2 of 3 Director Muenzer explained that this is a change where the committee is splitting between voting and non-voting members. The civilian member has not been active so they were retained as an advisory member. At Ald. Grover’s inquiry, Director Muenzer explained that the removal of SPAARC review of sidewalk cafés will be the responsibility of Public Works and Health and Human Services. Ald. Wynne is in support of the changes. At Ald. Wynne’s inquiry, Director Muenzer clarified that the final approval of a project takes place during the permit process. He also added that the acronym will be pronounced “dapper” of D-A-P-R. Ald. Fiske would like to see the non-voting member reinstalled. She would also like the Chair of the Preservation Commission engaged in the discussion for issues with landmark properties and historic districts. She also suggested revisiting the Design Evanston model. Ald. Rainey likes the efficiency of the new process. It is common sense to have those with direct connections to the project in the room. The Committee voted unanimously 7-0 to recommend Ordinance 50-O-14 for action. (P2) Ordinance 119-O-14, Granting a Special Use for a Restaurant-Type 2 at 1613 Sherman Avenue The Zoning Board of Appeals and City staff recommend adoption of Ordinance 119- O-14 granting a special use permit for a Type 2 Restaurant, Doc Popcorn, in the D2 Downtown Retail Core District. The applicant has complied with all other zoning requirements, and meets all of the standards for a special use for this district. For Introduction Ald. Tendam moved to recommend introduction of Ordinance 119-O-14, seconded by Ald. Grover. The Committee voted unanimously 7-0 to introduce Ordinance 119-O-14. (P3) Ordinance 110-O-14 Zoning Ordinance Text Amendment for Child and Adult Daycare Centers in C1 and C2 Districts Staff recommends adoption of Ordinance 110-O-14 to allow “Daycare Center – Child” and “Daycare Center – Adult” as Special Uses in C1 and C2 Commercial Districts. For Introduction Ald. Holmes moved to recommend introduction and action of Ordinance 110-O- 14, seconded by Ald. Tendam. The Committee voted unanimously 7-0 for introduction of Ordinance 110-O-14. (P4) Ordinance 120-O-14, Granting a Special Use for a Child Daycare Center at 1909-1911 Howard Street 214 of 323 Planning & Development Committee Meeting Minutes of October 13, 2014 Page 3 of 3 The Zoning Board of Appeals and City staff recommend adoption of Ordinance 120- O-14 granting a special use permit for a Child Daycare Center- in the C1 Commercial District. The applicant proposes to operate A Step By Step Learning Academy at 1909-1911 Howard Street, and has complied with all other zoning requirements, and meets all of the standards for a special use for this district. For Introduction Ald. Rainey explained that the applicant is unable to attend tonight’s meeting. There is no executed lease and not ready to move forward. This item will be held in committee. Ald. Wilson moved to recommend holding this item in committee, seconded by Ald. Tendam. The Committee voted unanimously to hold Ordinance 120-O-14 in committee. IV. ITEMS FOR DISCUSSION There were no items for discussion. V. COMMUNICATIONS There were no communications. VI. ADJOURNMENT The meeting was adjourned at 7:48 p.m. Respectfully submitted, Janella Hardin, PHR 215 of 323 For City Council meeting of October 27, 2014 Item P1 Ordinance 129-O-14: Special Use for a Type 2 Restaurant, 800 Degrees Neapolitan Pizzeria, at 812 Church Street For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Lorrie Pearson, Planning and Zoning Administrator Melissa Klotz, Zoning Planner Ellen Cholewa, Community Development Intern Subject: Ordinance 129-O-14, Granting a Special Use for a Restaurant-Type 2, 800 Degrees Neapolitan Pizzeria, at 812 Church Street Date: October 15, 2014 Recommended Action The Zoning Board of Appeals and City staff recommend adoption of Ordinance 129-O- 14 granting a special use permit for a Type 2 Restaurant, 800 Degrees, in the D3 Downtown Core Development District. The applicant has complied with all zoning requirements, and meets all of the standards for a special use for this district. Summary 812 Church Street is located on the on the south side of Church Street, midblock between Sherman Avenue and Benson Avenue in the D3 Downtown Core Development District, and is surrounded by similar commercial uses. 812 Church Street was previously Untitled, a retail store. The applicant proposes to operate 800 Degrees Neapolitan Pizzeria, a Type 2 Restaurant, featuring a “fast-fine dining” experience specializing in individually-sized, Neapolitan pizzas that are baked in a wood-burning brick oven for approximately 60 seconds. Customers place their order at the counter by picking out specific ingredients buffet-style, pay the cashier, and then take their food back to their table in one trip. The dining area will feature marble tables, linen table cloths, and reusable china and silverware. The applicant plans to serve beer and wine at this establishment. The restaurant will not offer delivery service. 800 Degrees intends to operate from 11 a.m. to 12 a.m., Sunday-Thursday, and 11 a.m. to 1 a.m., Friday-Saturday. The applicant anticipates hiring approximately 40 employees with 15-20 employees working at any given time. Parking will not be provided to employees by the restaurant, but the applicant anticipates most employees Memorandum 216 of 323 will walk to work or utilize public transportation. Deliveries and garbage pick-up will occur via the rear of the building every other day. The applicant has agreed to follow the Litter Collection and Garbage Pickup Plans. City staff has not received objections to the use from any neighboring property owners. Neighborhood Benefit The neighborhood will benefit from having a small business that will enhance the downtown, utilize a vacant storefront, and encourage pedestrian activity and vibrancy in the area. Comprehensive Plan The Evanston Comprehensive General Plan encourages the utilization of vacant storefronts along existing commercial corridors that can add sales tax revenue and encourage a vibrant downtown. The Comprehensive Plan specifically includes: Objective: Promote the growth and redevelopment of business, commercial, and industrial areas. Objective: Retain and attract businesses in order to strengthen Evanston’s economic base. 800 Degrees will further diversify the downtown area and will encourage pedestrian activity while supporting surrounding Evanston businesses. Legislative History October 7, 2014: The ZBA recommended unanimous approval of the special use permit for a Type 2 Restaurant with the following conditions: 1. Must comply with Litter Collection and Garbage Pick-Up Plans 2. Permissible hours of operation: Sunday-Thursday, 6 a.m. to midnight, Friday-Saturday, 6 a.m. to 1 a.m. 3. Employees shall not utilize on-street parking 4. The project must be in substantial compliance of the documents and testimony on record. Attachments Proposed Ordinance 129-O-14 October 7, 2014 ZBA Draft Meeting Minutes ZBA Findings October 7, 2014 ZBA Packet - http://www.cityofevanston.org/assets/10.07.14%20ZBA%20Packet%20final.pdf 217 of 323 10/16/2014 129-O-14 AN ORDINANCE Granting a Special Use Permit for a Type 2 Restaurant Located at 812 Church Street in the D3 Downtown Retail Core District (“800 Degrees Neapolitan Pizzeria”) WHEREAS, the Zoning Board of Appeals (“ZBA”) met on October 7, 2014, pursuant to proper notice, to consider case no. 14ZMJV-0113, an application filed by Christopher Lawson, architect of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 812 Church Street (the “Subject Property”) and located in the D3 Downtown Retail Core District, for a Special Use Permit to establish, pursuant to Subsection 6-11-4-3 of the Evanston City Code, 2012, as amended (“the Zoning Ordinance”), a Type 2 Restaurant, “800 Degrees Neapolitan Pizzeria,” on the Subject Property; and WHEREAS, the ZBA, after hearing testimony and receiving other evidence, made a written record and written findings that the application for a Special Use Permit for a Type 2 Restaurant met the standards for Special Uses in Section 6-3-5 of the Zoning Ordinance and recommended City Council approval thereof; and WHEREAS, at its meeting of October 27, 2014, the Planning and Development Committee of the City Council (“P&D Committee”) considered the ZBA’s record and findings and recommended the City Council accept the ZBA’s recommendation and approve the application in case no. 14ZMJV-0113; and 218 of 323 129-O-14 ~2~ WHEREAS, at its meetings of October 27, 2014 and November 10, 2014, the City Council considered and adopted the respective records, findings, and recommendations of the ZBA and P&D Committee, as amended, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: The City Council hereby approves the Special Use Permit for a Type 2 Restaurant on the Subject Property as applied for in case no. 14ZMJV- 0113. SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Applicant’s Special Use Permit, violation of any of which shall constitute grounds for penalties or revocation of said Permit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: A. Compliance with Applicable Requirements: The Applicant shall develop and use the Subject Property in substantial compliance with: all applicable legislation; the Applicant’s testimony and representations to the ZBA, the P&D Committee, and the City Council; and the approved plans and documents on file in this case. B. Litter Collection Plan: The Applicant shall implement and adhere to a Litter Collection Plan that requires the policing of an area located within a radius of two hundred fifty feet (250’) of the Subject Property. The Applicant shall police this area at least once every three (3) hours during the hours the Special Use is in operation and shall keep it free of all litter, from any source. For the purpose of this ordinance, “litter” shall include, but is not limited to: food, food waste, and beverages; solid waste, including paper, wrappings, containers, cardboard, napkins, straws, utensils, plates, cans, glass, crockery, cigarette butts, ashes and similar materials; animal waste and dead animals; yard clippings and leaves; and all other waste materials which, if thrown or deposited as herein prohibited, may create a danger to public health, safety, or welfare. 219 of 323 129-O-14 ~3~ C. Hours of Operation: The Applicant shall operate the Type 2 Restaurant authorized by this ordinance only between the hours of 6:00 a.m. and 12:00 midnight on Sunday through Thursday, and only between the hours of 6:00 a.m. and 1:00 a.m. on Friday and Saturday. D. Employee Parking: Employees shall not park on the street during hours of operation. E. Recordation: Before it may operate the Special Use authorized by the terms of this ordinance, the Applicant shall record, at its cost, a certified copy of this ordinance with the Cook County Recorder of Deeds. SECTION 4: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 8: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. 220 of 323 129-O-14 ~4~ Introduced:_________________, 2014 Adopted:___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 221 of 323 129-O-14 ~5~ EXHIBIT A LEGAL DESCRIPTION LOT 2 IN THE AMENDED AND RESTATED SHERMAN PLAZA SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, WHICH PLAT WAS RECORDED AUGUST 24, 2006 AS DOCUMENT NUMBER 0623632062. PINs: 11-18-304-037-0000 11-18-304-041-0000 COMMONLY KNOWN AS: 812 Church Street, Evanston, Illinois. 222 of 323 Page 1 of 4 Zoning Board of Appeals DRAFT NOT APPROVED MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, October 7, 2014 7:00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Matt Rodgers, Violetta Cullen, Mary Beth Berns, Scott Gingold Members Absent: Andrew Gallimore, Myrna Arevalo, Beth McLennan Staff Present: Melissa Klotz, Lorrie Pearson, Mario Treto Chair: Matt Rodgers Declaration of Quorum With a quorum present, Chair Rodgers called the meeting to order at 7:02pm. Approval of Minutes The minutes from the September 23, 2014 Zoning Board of Appeals meeting were motioned for approval. Ms. Cullen made the motion and it was seconded by Ms. McLennan. The motion was approved 3-0, 1 member abstained. New Business 812 Church Street ZBA 14ZMJV-0113 Christopher Lawton, architect, applies for a special use permit for a Type 2 Restaurant, 800 Degrees Neapolitan Pizzeria, at 812 Church Street. 812 Church Street is located in the D3 Downtown Core Development District, which requires a special use permit for a Type 2 Restaurant to operate (Zoning Code Section 6-11-4-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. . Ms. Klotz read the case into the record. Christopher Lawton, architect, and Travis McDonald, 800 Degrees, explained the proposal: • A fast-fine dining restaurant; straddles line between a Type 1 and Type 2 • Concept for restaurant started in California • A high quality, “build your own pizza” assembly line • Beer and wine will be available • Will lease parking spaces if necessary • Delivery service will not be provided. Most people will eat in anyway because they have to wait in line. • Deliveries will occur via alley. There is no exact loading zone, so it will occur in the service corridor • Hours of operation: 11 a.m. to 2 a.m. is preferred but they are willing to work with what the City prefers Ms. Klotz noted that SPAARC recommended that the restaurant close at midnight on weekdays and 1 a.m. on weekends. • Venting will go up through the roof via LA Fitness • This would be the first location in Chicagoland. There are no plans for rapid expansion by any means The ZBA entered into deliberations. The Standards were addressed: 1. Yes 223 of 323 Page 2 of 4 Zoning Board of Appeals 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Mr. Gingold motioned to recommend approval of the proposal with the following conditions: • Litter Collection/Garbage Pick-Up Plan. • Employees cannot park on the street. • Hours of operation fall between 6 a.m. and midnight Sun-Thurs; 6 a.m. to 1 a.m. Fri & Sat • The project must be in substantial compliance of the documents and testimony on record. The motion was seconded by Ms. McLennan and approved 4-0. 1814 Central Street ZBA 14ZMJV-0115 Beth Welch, business owner, applies for a special use permit for a Type 2 Restaurant, Beth’s Little Bake Shop, at 1814 Central Street. 1814 Central Street is located in the B1a Business District and the oCSC Central Street Overlay District, which requires a special use permit for a Type 2 Restaurant to operate (Zoning Code Section 6-9-5-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into the record. Beth Welch, owner and head pastry chef, explained the proposal: • Ms. Welch is an Evanston native and resident with culinary education and training • Proposes a European-inspired pastry shop with breakfast, desserts, breads, and coffee • All items will be baked on premises • Will include wholesale & retail, eat in, and carry out services. • Hours of operation: 6 a.m. to 6 p.m. Monday- Friday; 7 a.m. to 5 p.m. Saturday; closed on Sunday for now • Bar service, but no seating • 3 full-time employees, 3 part-time employees, and seasonal employees; 3-4 employees per shift • Only street parking is available. There are lots of meters and many Metra users are anticipated. One employee parking space will be supplied. • Shop will pay meters for employees • Deliveries will occur off Poplar Avenue, not the alley, between 6 a.m. to 8 a.m. • Dumpsters behind building will be emptied twice a week • Will follow Litter Collection Plan and use environmentally friendly, disposable dishware • Phase 2 will open Type 1 café with expanded menu at a later date Chair Rodgers asked if any issues were raised regarding deliveries off of Poplar Avenue during rush hour with train parking and kids going to school. Ms. Klotz stated that no concerns had been raised at SPAARC. Ms. McLennan noted that it might be better for deliveries to occur between 10 a.m. and noon, which the applicant took under advisement. Ms. Welch also noted that there is currently a city garbage can on the corner, and 2 more at the train station, and she will add another just outside the door of her restaurant. 224 of 323 Page 3 of 4 Zoning Board of Appeals Mr. Gingold stated that the use of meters by employees is not preferable, but he is not sure there are any other options. The ZBA entered into deliberations. Mr. Gingold stated that hours of operation should remain between 6 a.m. and midnight daily, similar to those bestowed upon adjacent restaurants since this is not a downtown area. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Mr. Gingold motioned to recommend approval of the proposal with the following conditions: • Litter/Garbage Plan. • Employees use non-metered parking to the extent allowed • Hours of operation fall between 6 a.m. and midnight 7 days a week • Deliveries must avoid hours of traffic congestion • The project must be in substantial compliance of the documents and testimony on record The motion was seconded by Ms. Cullen and approved 4-0. 2149 Sherman Avenue (case withdrawn) ZBA 14ZMJV-0125 P. Matt Lederer, property owner, applies for major zoning relief to allow a third dwelling unit on an existing lot. The applicant requests 2,348 square feet of lot size per dwelling unit where 2,500 square feet is required (Zoning Code Section 6-8-6-4-C). The Zoning Board of Appeals is the determining body for this case. 600 Davis Street ZBA 14ZMJV-0123 Pascal Berthomieux, lessee, applies for a special use permit for a Type 2 Restaurant, Patisserie Coralie, at 600 Davis Street. 600 Davis Street is located in the D2 Downtown Retail Core District, which requires a special use permit for a Type 2 Restaurant to operate (Zoning Code Section 6-11-3-4). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Pascal Berthoumieux, owner, explained the proposal: • Proposes a French boutique pastry shop with coffee • Hours of operation: Monday-Friday 6 a.m. to 7 p.m., Saturday-Sunday 7 a.m.to 7 p.m. • Deliveries will occur in the morning via front door access due to no rear access. The delivery truck will be around the same size as a UPS truck • Most employees are local and will bike or take public transportation to work. Will provide parking permits for 2 management positions. • Owns Bistro Bordeaux (618 Church Street) and Creperie St. Germain (1512 Sherman Avenue) • Agrees to uphold Litter Collection/Garbage Plan • Lounge and bistro seating will be provided, but is unsure as to how much The ZBA entered into deliberations. 225 of 323 Page 4 of 4 Zoning Board of Appeals Chair Rodgers stated that deliveries through the front door are not ideal, but understands that it is the only option here. He does not condone using fire hydrant space as a loading zone. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Mr. Gingold motioned to recommend approval of the proposal with the following conditions: • Employees cannot park on the street. • Hours of operation: 6 a.m. to midnight • Litter Collection/Garbage Plan • Deliveries occur after rush hour to extent practical • The project must be in substantial compliance of the documents and testimony on record The motion was seconded by Ms. Cullen and approved 4-0. Ms. Klotz thanked the ZBA members who attended the IL-APA conference board training. Chair Rodgers noted that he was glad to have a functional board, full time staff, and access to legal staff and Ms. Cullen agreed. Ms. Klotz reminded the board that proposed rules changes will be addressed at the next ZBA meeting. The meeting adjourned at 8:15 p.m. 226 of 323 P LANNING AND Z ONING D IVISION 847-866-2930 zoning@cityofevanston.org Community Development Department 847-448-8126 www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3700 Evanston, IL 60201 FF II NN DD II NN GG SS FOR STANDARDS OF SS PP EE CC II AA LL UU SS EE PP EE RR MM II TT SS In the case of After conducting a public hearing on October 7, 2014, the Zoning Board of Appeals makes the following findings of fact, reflected in the audio-visual recording of the hearings, based upon the standards for special uses specified in Section 6-11-3-4 of the Zoning Ordinance: Standard Finding (A) It is one of the special uses specifically listed in the zoning ordinance; ___X__Met _____Not Met Vote 4-0 (B) It is in keeping with purposes and policies of the adopted comprehensive general plan and the zoning ordinance as amended from time to time; ___X___Met _____Not Met Vote 4-0 (C) It will not cause a negative cumulative effect, when its effect is considered in conjunction with the cumulative effect of various special uses of all types on the immediate neighborhood and the effect of the proposed type of special use upon the city as a whole; ___X___Met _____Not Met Vote 4-0 (D) It does not interfere with or diminish the value of property in the neighborhood; ___X___Met _____Not Met Vote 4-0 Case Number: 14ZMJV-0113 Address or Location: 812 Church Street Applicant: Christopher Lawton Proposed Special Use: Restaurant-Type 2, 800 Degrees Neapolitan Pizzeria, in D3 Downtown Core Development District 227 of 323 P LANNING AND Z ONING D IVISION 847-866-2930 zoning@cityofevanston.org Community Development Department 847-448-8126 www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3700 Evanston, IL 60201 (E) It can be adequately served by public facilities and services ___X___Met _____Not Met Vote 4-0 (F) It does not cause undue traffic congestion; ___X___Met _____Not Met Vote 4-0 (G) It preserves significant historical and architectural resources; ___X___Met _____Not Met Vote 4-0 (H) It preserves significant natural and environmental features; and ___X___Met _____Not Met Vote 4-0 (I) It complies with all other applicable regulations of the district in which it is located and other applicable ordinances, except to the extent such regulations have been modified through the planned development process or the grant of a variation. ___X___Met _____Not Met Vote 4-0 and, based upon these findings, and upon a vote __4__ in favor & __0__ against Recommends to the City Council _____ approval without conditions __x__ approval with conditions specifically: 1. Must comply with Litter/Garbage Pick-Up Plan 2. Employees cannot park on the street 3. Hours of operation: 6 a.m. to midnight, Sunday through Thursday, and 6 a.m. to 1 a.m. Friday and Saturday 4. Deliveries should avoid hours of traffic congestion to the extent possible 5. The project must be in substantial compliance of the documents and testimony on record. _____ denial of the proposed special use. __________________________________________ Date: _____________ Matt Rodgers Zoning Board of Appeals Chair 228 of 323 P LANNING AND Z ONING D IVISION 847-866-2930 zoning@cityofevanston.org Community Development Department 847-448-8126 www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3700 Evanston, IL 60201 Attending: Vote: Aye No ___X__ Mary Beth Berns __X__ ____ _______ Myrna Arevalo _____ ____ ___X___ Scott Gingold __X__ ____ _______ Beth McLennan _____ ____ ___X___ Matt Rodgers __X__ ____ ___X___ Violetta Cullen __X__ ____ _______ Andrew Gallimore _____ ____ 229 of 323 For City Council meeting of October 27, 2014 Item P2 Ordinance 130-O-14: Special Use for a Type 2 Restaurant, Beth’s Little Bake Shop, at 1814 Central Street For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Lorrie Pearson, Planning and Zoning Administrator Melissa Klotz, Zoning Planner Ellen Cholewa, Community Development Intern Subject: Ordinance 130-O-14, Granting a Special Use for a Restaurant-Type 2 at 1814 Central Street, Beth’s Little Bake Shop Date: October 15, 2014 Recommended Action The Zoning Board of Appeals and City staff recommends adoption of Ordinance 130-O- 14 granting a special use permit for a Type 2 Restaurant, Beth’s Little Bake Shop, in the B1a Business District and the oCSC Central Street Overlay District. The applicant has complied with all zoning requirements, and meets all of the standards for a special use for this district. Summary 1814 Central Street is located on the on the southeast corner of Central Street and Poplar Avenue in the B1a Business District and the oCSC Central Street Overlay District, and is surrounded by similar commercial uses. 1814 Central Street was previously an art gallery but is currently vacant. The applicant proposes to operate Beth’s Little Bake Shop, a Type 2 Restaurant, featuring European-inspired breakfast pastries, desserts, breads, and coffee. The applicant intends to open Phase 1 immediately, which includes counter service but no seating, and then later expand into Phase 2, which will increase the restaurant into the neighboring space for additional seating and full café service. The applicant is an Evanston native with extensive culinary education and training. Beth’s Little Bake Shop will operate from 6 a.m. to 7 p.m., Monday-Friday, and from 7 a.m. to 5 p.m. on Saturdays. The applicant anticipates hiring three full-time employees and three part-time employees, as well as additional seasonal employees during the holidays. One parking space is available on-site for employee use. Memorandum 230 of 323 All deliveries will come through the back door to avoid and not contribute to the traffic on Central Street. Delivery trucks will park on Poplar Avenue since the alley is not wide enough to accommodate the turning radius necessary for trucks. Deliveries will occur daily and will be scheduled around peak traffic hours. Dumpsters are located behind the building and are emptied twice a week. Metered parking is available on Central Street and Poplar Avenue for customers. The applicant has agreed to follow the Litter Collection and Garbage Pickup Plans. City staff has not received objections to the use from any neighboring property owners. Neighborhood Benefit The neighborhood will benefit from having a small business that will enhance the Central Street corridor, utilize a vacant storefront, and increase pedestrian activity in the area. Comprehensive Plan The Evanston Comprehensive General Plan encourages the utilization of vacant storefronts along existing commercial corridors that can add sales tax revenue and encourage a vibrant downtown. The Comprehensive Plan specifically includes: Objective: Promote the growth and redevelopment of business, commercial, and industrial areas. Objective: Retain and attract businesses in order to strengthen Evanston’s economic base. Beth’s Little Bake Shop will further diversify the Central Street corridor and will encourage pedestrian activity which will in turn support surrounding Evanston businesses. Legislative History October 7, 2014: The ZBA recommended unanimous approval of the special use permit for a Type 2 Restaurant with the following conditions: 1. Must comply with Litter/Garbage Pick-Up Plans 2. Hours of operation: 6 a.m. to midnight, 7 days a week 3. Deliveries are to avoid hours of congestion 4. Employees are to use non-metered parking to the extent possible 5. The project must be in substantial compliance of the documents and testimony on record. Attachments Proposed Ordinance 130-O-14 October 7, 2014 ZBA Draft Meeting Minutes ZBA Findings October 7, 2014 ZBA Packet - http://www.cityofevanston.org/assets/10.07.14%20ZBA%20Packet%20final.pdf 231 of 323 10/13/2014 130-O-14 AN ORDINANCE Granting a Special Use Permit for a Type 2 Restaurant Located at 1814 Central Street in the B1a Business District and the oCSC Central Street Overlay District (“Beth’s Little Bake Shop”) WHEREAS, the Zoning Board of Appeals (“ZBA”) met on October 7, 2014, pursuant to proper notice, to consider case no. 14ZMJV-0115, an application filed by Beth Welch, business owner of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 1814 Central Street (the “Subject Property”) and located in the B1a Business District and the oCSC Central Street Overlay District, for a Special Use Permit to establish, pursuant to Subsection 6-9- 5-3 of the Evanston City Code, 2012, as amended (“the Zoning Ordinance”), a Type 2 Restaurant, “Beth’s Little Bake Shop,” on the Subject Property; and WHEREAS, the ZBA, after hearing testimony and receiving other evidence, made a written record and written findings that the application for a Special Use Permit for a Type 2 Restaurant met the standards for Special Uses in Section 6-3-5 of the Zoning Ordinance and recommended City Council approval thereof; and WHEREAS, at its meeting of October 27, 2014, the Planning and Development Committee of the City Council (“P&D Committee”) considered the ZBA’s record and findings and recommended the City Council accept the ZBA’s recommendation and approve the application in case no. 14ZMJV-0115; and 232 of 323 130-O-14 ~2~ WHEREAS, at its meetings of October 27, 2014 and November 10, 2014, the City Council considered and adopted the respective records, findings, and recommendations of the ZBA and P&D Committee, as amended, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: The City Council hereby approves the Special Use Permit for a Type 2 Restaurant on the Subject Property as applied for in case no. 14ZMJV- 0115. SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Applicant’s Special Use Permit, violation of any of which shall constitute grounds for penalties or revocation of said Permit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: A. Compliance with Applicable Requirements: The Applicant shall develop and use the Subject Property in substantial compliance with: all applicable legislation; the Applicant’s testimony and representations to the ZBA, the P&D Committee, and the City Council; and the approved plans and documents on file in this case. B. Litter Collection Plan: The Applicant shall implement and adhere to a Litter Collection Plan that requires the policing of an area located within a radius of two hundred fifty feet (250’) of the Subject Property. The Applicant shall police this area at least once every three (3) hours during the hours the Special Use is in operation and shall keep it free of all litter, from any source. For the purpose of this ordinance, “litter” shall include, but is not limited to: food, food waste, and beverages; solid waste, including paper, wrappings, containers, cardboard, napkins, straws, utensils, plates, cans, glass, crockery, cigarette butts, ashes and similar materials; animal waste and dead animals; yard clippings and leaves; and all other waste materials which, if thrown or deposited as herein prohibited, may create a danger to public health, safety, or welfare. 233 of 323 130-O-14 ~3~ C. Hours of Operation: The Applicant shall operate the Type 2 Restaurant authorized by this ordinance only between the hours of 6:00 a.m. and 12:00 midnight on any given day. D. Employee Parking: Employees shall use non-metered parking to the extent possible. E. Deliveries: Deliveries occurring via Poplar Avenue shall not be scheduled during hours of highest traffic congestion in the vicinity. F. Recordation: Before it may operate the Special Use authorized by the terms of this ordinance, the Applicant shall record, at its cost, a certified copy of this ordinance with the Cook County Recorder of Deeds. SECTION 4: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 8: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. 234 of 323 130-O-14 ~4~ Introduced:_________________, 2014 Adopted:___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 235 of 323 130-O-14 ~5~ EXHIBIT A LEGAL DESCRIPTION PARCEL 1: THE NORTH 75 FEET OF LOT 1 (EXCEPT THE EAST 24 FEET AND THE NORTH 7 FEET THEREOF) IN BLOCK 9 IN NORTH EVANSTON, IN SECTION 12, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE 3RD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS: AND PARCEL 2: THE SOUTH 73 FEET OF LOT 1 IN BLOCK 9 IN NORTH EVANSTON SUBDIVISION OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE 3RD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 10-12-201-001-0000 COMMONLY KNOWN AS: 1814 Central Street, Evanston, Illinois. 236 of 323 Page 1 of 4 Zoning Board of Appeals DRAFT NOT APPROVED MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, October 7, 2014 7:00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Matt Rodgers, Violetta Cullen, Mary Beth Berns, Scott Gingold Members Absent: Andrew Gallimore, Myrna Arevalo, Beth McLennan Staff Present: Melissa Klotz, Lorrie Pearson, Mario Treto Chair: Matt Rodgers Declaration of Quorum With a quorum present, Chair Rodgers called the meeting to order at 7:02pm. Approval of Minutes The minutes from the September 23, 2014 Zoning Board of Appeals meeting were motioned for approval. Ms. Cullen made the motion and it was seconded by Ms. McLennan. The motion was approved 3-0, 1 member abstained. New Business 812 Church Street ZBA 14ZMJV-0113 Christopher Lawton, architect, applies for a special use permit for a Type 2 Restaurant, 800 Degrees Neapolitan Pizzeria, at 812 Church Street. 812 Church Street is located in the D3 Downtown Core Development District, which requires a special use permit for a Type 2 Restaurant to operate (Zoning Code Section 6-11-4-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. . Ms. Klotz read the case into the record. Christopher Lawton, architect, and Travis McDonald, 800 Degrees, explained the proposal: • A fast-fine dining restaurant; straddles line between a Type 1 and Type 2 • Concept for restaurant started in California • A high quality, “build your own pizza” assembly line • Beer and wine will be available • Will lease parking spaces if necessary • Delivery service will not be provided. Most people will eat in anyway because they have to wait in line. • Deliveries will occur via alley. There is no exact loading zone, so it will occur in the service corridor • Hours of operation: 11 a.m. to 2 a.m. is preferred but they are willing to work with what the City prefers Ms. Klotz noted that SPAARC recommended that the restaurant close at midnight on weekdays and 1 a.m. on weekends. • Venting will go up through the roof via LA Fitness • This would be the first location in Chicagoland. There are no plans for rapid expansion by any means The ZBA entered into deliberations. The Standards were addressed: 1. Yes 237 of 323 Page 2 of 4 Zoning Board of Appeals 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Mr. Gingold motioned to recommend approval of the proposal with the following conditions: • Litter Collection/Garbage Pick-Up Plan. • Employees cannot park on the street. • Hours of operation fall between 6 a.m. and midnight Sun-Thurs; 6 a.m. to 1 a.m. Fri & Sat • The project must be in substantial compliance of the documents and testimony on record. The motion was seconded by Ms. McLennan and approved 4-0. 1814 Central Street ZBA 14ZMJV-0115 Beth Welch, business owner, applies for a special use permit for a Type 2 Restaurant, Beth’s Little Bake Shop, at 1814 Central Street. 1814 Central Street is located in the B1a Business District and the oCSC Central Street Overlay District, which requires a special use permit for a Type 2 Restaurant to operate (Zoning Code Section 6-9-5-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into the record. Beth Welch, owner and head pastry chef, explained the proposal: • Ms. Welch is an Evanston native and resident with culinary education and training • Proposes a European-inspired pastry shop with breakfast, desserts, breads, and coffee • All items will be baked on premises • Will include wholesale & retail, eat in, and carry out services. • Hours of operation: 6 a.m. to 6 p.m. Monday- Friday; 7 a.m. to 5 p.m. Saturday; closed on Sunday for now • Bar service, but no seating • 3 full-time employees, 3 part-time employees, and seasonal employees; 3-4 employees per shift • Only street parking is available. There are lots of meters and many Metra users are anticipated. One employee parking space will be supplied. • Shop will pay meters for employees • Deliveries will occur off Poplar Avenue, not the alley, between 6 a.m. to 8 a.m. • Dumpsters behind building will be emptied twice a week • Will follow Litter Collection Plan and use environmentally friendly, disposable dishware • Phase 2 will open Type 1 café with expanded menu at a later date Chair Rodgers asked if any issues were raised regarding deliveries off of Poplar Avenue during rush hour with train parking and kids going to school. Ms. Klotz stated that no concerns had been raised at SPAARC. Ms. McLennan noted that it might be better for deliveries to occur between 10 a.m. and noon, which the applicant took under advisement. Ms. Welch also noted that there is currently a city garbage can on the corner, and 2 more at the train station, and she will add another just outside the door of her restaurant. 238 of 323 Page 3 of 4 Zoning Board of Appeals Mr. Gingold stated that the use of meters by employees is not preferable, but he is not sure there are any other options. The ZBA entered into deliberations. Mr. Gingold stated that hours of operation should remain between 6 a.m. and midnight daily, similar to those bestowed upon adjacent restaurants since this is not a downtown area. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Mr. Gingold motioned to recommend approval of the proposal with the following conditions: • Litter/Garbage Plan. • Employees use non-metered parking to the extent allowed • Hours of operation fall between 6 a.m. and midnight 7 days a week • Deliveries must avoid hours of traffic congestion • The project must be in substantial compliance of the documents and testimony on record The motion was seconded by Ms. Cullen and approved 4-0. 2149 Sherman Avenue (case withdrawn) ZBA 14ZMJV-0125 P. Matt Lederer, property owner, applies for major zoning relief to allow a third dwelling unit on an existing lot. The applicant requests 2,348 square feet of lot size per dwelling unit where 2,500 square feet is required (Zoning Code Section 6-8-6-4-C). The Zoning Board of Appeals is the determining body for this case. 600 Davis Street ZBA 14ZMJV-0123 Pascal Berthomieux, lessee, applies for a special use permit for a Type 2 Restaurant, Patisserie Coralie, at 600 Davis Street. 600 Davis Street is located in the D2 Downtown Retail Core District, which requires a special use permit for a Type 2 Restaurant to operate (Zoning Code Section 6-11-3-4). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Pascal Berthoumieux, owner, explained the proposal: • Proposes a French boutique pastry shop with coffee • Hours of operation: Monday-Friday 6 a.m. to 7 p.m., Saturday-Sunday 7 a.m.to 7 p.m. • Deliveries will occur in the morning via front door access due to no rear access. The delivery truck will be around the same size as a UPS truck • Most employees are local and will bike or take public transportation to work. Will provide parking permits for 2 management positions. • Owns Bistro Bordeaux (618 Church Street) and Creperie St. Germain (1512 Sherman Avenue) • Agrees to uphold Litter Collection/Garbage Plan • Lounge and bistro seating will be provided, but is unsure as to how much The ZBA entered into deliberations. 239 of 323 Page 4 of 4 Zoning Board of Appeals Chair Rodgers stated that deliveries through the front door are not ideal, but understands that it is the only option here. He does not condone using fire hydrant space as a loading zone. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Mr. Gingold motioned to recommend approval of the proposal with the following conditions: • Employees cannot park on the street. • Hours of operation: 6 a.m. to midnight • Litter Collection/Garbage Plan • Deliveries occur after rush hour to extent practical • The project must be in substantial compliance of the documents and testimony on record The motion was seconded by Ms. Cullen and approved 4-0. Ms. Klotz thanked the ZBA members who attended the IL-APA conference board training. Chair Rodgers noted that he was glad to have a functional board, full time staff, and access to legal staff and Ms. Cullen agreed. Ms. Klotz reminded the board that proposed rules changes will be addressed at the next ZBA meeting. The meeting adjourned at 8:15 p.m. 240 of 323 P LANNING AND Z ONING D IVISION 847-866-2930 zoning@cityofevanston.org Community Development Department 847-448-8126 www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3700 Evanston, IL 60201 FF II NN DD II NN GG SS FOR STANDARDS OF SS PP EE CC II AA LL UU SS EE PP EE RR MM II TT SS In the case of After conducting a public hearing on October 7, 2014, the Zoning Board of Appeals makes the following findings of fact, reflected in the audio-visual recording of the hearings, based upon the standards for special uses specified in Section 6-9-5-3 of the Zoning Ordinance: Standard Finding (A) It is one of the special uses specifically listed in the zoning ordinance; ___X__Met _____Not Met Vote 4-0 (B) It is in keeping with purposes and policies of the adopted comprehensive general plan and the zoning ordinance as amended from time to time; ___X___Met _____Not Met Vote 4-0 (C) It will not cause a negative cumulative effect, when its effect is considered in conjunction with the cumulative effect of various special uses of all types on the immediate neighborhood and the effect of the proposed type of special use upon the city as a whole; ___X___Met _____Not Met Vote 4-0 (D) It does not interfere with or diminish the value of property in the neighborhood; ___X___Met _____Not Met Vote 4-0 Case Number: 14ZMJV-0115 Address or Location: 1814 Central Street Applicant: Beth Welch Proposed Special Use: Restaurant-Type 2, Beth’s Little Bake Shop, in B1a Business District and the oCSC Central Street Overlay District 241 of 323 P LANNING AND Z ONING D IVISION 847-866-2930 zoning@cityofevanston.org Community Development Department 847-448-8126 www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3700 Evanston, IL 60201 (E) It can be adequately served by public facilities and services ___X___Met _____Not Met Vote 4-0 (F) It does not cause undue traffic congestion; ___X___Met _____Not Met Vote 4-0 (G) It preserves significant historical and architectural resources; ___X___Met _____Not Met Vote 4-0 (H) It preserves significant natural and environmental features; and ___X___Met _____Not Met Vote 4-0 (I) It complies with all other applicable regulations of the district in which it is located and other applicable ordinances, except to the extent such regulations have been modified through the planned development process or the grant of a variation. ___X___Met _____Not Met Vote 4-0 and, based upon these findings, and upon a vote __4__ in favor & __0__ against Recommends to the City Council _____ approval without conditions __x__ approval with conditions specifically: 1. Must comply with Litter/Garbage Pick-Up Plan 2. Hours of operation: 6 a.m. to midnight, 7 days a week 3. Deliveries are to avoid hours of congestion 4. The project must be in substantial compliance of the documents and testimony on record. 5. Employees are to use non-metered parking to the extent allowed _____ denial of the proposed special use. __________________________________________ Date: _____________ Matt Rodgers Zoning Board of Appeals Chair 242 of 323 P LANNING AND Z ONING D IVISION 847-866-2930 zoning@cityofevanston.org Community Development Department 847-448-8126 www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3700 Evanston, IL 60201 Attending: Vote: Aye No ___X__ Mary Beth Berns __X__ ____ _______ Myrna Arevalo _____ ____ ___X___ Scott Gingold __X__ ____ _______ Beth McLennan _____ ____ ___X___ Matt Rodgers __X__ ____ ___X___ Violetta Cullen __X__ ____ _______ Andrew Gallimore _____ ____ 243 of 323 For City Council meeting of October 27, 2014 Item P3 Ordinance 131-O-14: Special Use for a Type 2 Restaurant, Patisserie Coralie, 600 Davis Street For Introduction and Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Lorrie Pearson, Planning and Zoning Administrator Melissa Klotz, Zoning Planner Ellen Cholewa, Community Development Intern Subject: Ordinance 131-O-14, Granting a Special Use for a Restaurant-Type 2, Patisserie Coralie, at 600 Davis Street Date: October 15, 2014 Recommended Action The Zoning Board of Appeals and City staff recommend adoption of Ordinance 131-O- 14 granting a special use permit for a Type 2 Restaurant, Patisserie Coralie, in the D2 Downtown Retail Core District. The applicant has complied with all zoning requirements, and meets all of the standards for a special use for this district. Suspension of the Rules is requested for Introduction and Action by City Council on October 27, 2014. Summary 600 Davis Street is located on the on the southwest corner of Davis Street and Chicago Avenue in the D2 Downtown Retail Core District, and is surrounded by similar commercial uses. 600 Davis Street was previously Café Mozart, a Type 1 Restaurant that had begun operating as a Type 2 Restaurant but did not seek the required Special Use Permit. The applicant proposes to correct the past oversight by previous business owners and seek a Special Use Permit to operate Patisserie Coralie as a Type 2 Restaurant. The restaurant is currently approved to operate as a Type 1 Restaurant while the special use for the Type 2 Restaurant is in process. Patisserie Coralie features French pastries and café items including specialty coffee, éclairs, tarts, Napoleons, and macaroons. The applicant currently owns Bistro Bordeaux and Creperie Saint Germain, two long-time Evanston eateries. Patisserie Coralie intends to operate Monday through Saturday from 6 a.m. to 7 p.m., and Sunday from 7 a.m. to 7 p.m. The applicant anticipates four employees will work per shift. No on-site parking is available, so employees will utilize public transportation Memorandum 244 of 323 or park in public parking structures. Deliveries to the restaurant will occur once per day around 10 a.m. Deliveries will be made through the front door since there is rear delivery access. The restaurant will not offer delivery service. No exterior changes to the building are proposed other than signage. The applicant has agreed to implement the Litter Collection and Garbage Pickup Plans. City staff has not received objections to the use from any neighboring property owners. Neighborhood Benefit The neighborhood will benefit from having a locally-owned and operated small business that will enhance the downtown area, utilize a vacant space, and increase pedestrian activity in the area. Comprehensive Plan The Evanston Comprehensive General Plan encourages the utilization of vacant storefronts along existing commercial corridors that can add sales tax revenue and encourage a vibrant downtown. The Comprehensive Plan specifically includes: Objective: Promote the growth and redevelopment of business, commercial, and industrial areas. Objective: Retain and attract businesses in order to strengthen Evanston’s economic base. Patisserie Coralie will utilize vacant restaurant space in the downtown area and continue to encourage a vibrant and walkable downtown with a distinctive, locally owned and operated specialty café/pastry shop. Legislative History October 7, 2014: The ZBA recommended unanimous approval of the special use permit for a Type 2 Restaurant with the following conditions: 1. Hours of operation: 6 a.m. to midnight, 7 days a week 2. Employees shall not utilize on-street parking 3. Must comply with Litter Collection and Garbage Pick-Up Plans 4. Deliveries are to avoid hours of traffic congestion to the extent possible 5. The project must be in substantial compliance of the documents and testimony on record. Attachments Proposed Ordinance 131-O-14 October 7, 2014 ZBA Draft Meeting Minutes ZBA Findings October 7, 2014 ZBA Packet - http://www.cityofevanston.org/assets/10.07.14%20ZBA%20Packet%20final.pdf 245 of 323 10/13/2014 131-O-14 AN ORDINANCE Granting a Special Use Permit for a Type 2 Restaurant Located at 600 Davis Street in the D2 Downtown Retail Core District (“Patisserie Coralie”) WHEREAS, the Zoning Board of Appeals (“ZBA”) met on October 7, 2014, pursuant to proper notice, to consider case no. 14ZMJV-0123, an application filed by Pascal Berthomieux, lessee of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 600 Davis Street (the “Subject Property”) and located in the D2 Downtown Retail Core District, for a Special Use Permit to establish, pursuant to Subsection 6-11-3-4 of the Evanston City Code, 2012, as amended (“the Zoning Ordinance”), a Type 2 Restaurant, “Patisserie Coralie,” on the Subject Property; and WHEREAS, the ZBA, after hearing testimony and receiving other evidence, made a written record and written findings that the application for a Special Use Permit for a Type 2 Restaurant met the standards for Special Uses in Section 6-3-5 of the Zoning Ordinance and recommended City Council approval thereof; and WHEREAS, at its meeting of October 27, 2014, the Planning and Development Committee of the City Council (“P&D Committee”) considered the ZBA’s record and findings and recommended the City Council accept the ZBA’s recommendation and approve the application in case no. 14ZMJV-0123; and 246 of 323 131-O-14 ~2~ WHEREAS, at its meetings of October 27, 2014 and November 10, 2014, the City Council considered and adopted the respective records, findings, and recommendations of the ZBA and P&D Committee, as amended, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: The City Council hereby approves the Special Use Permit for a Type 2 Restaurant on the Subject Property as applied for in case no. 14ZMJV- 0123. SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Applicant’s Special Use Permit, violation of any of which shall constitute grounds for penalties or revocation of said Permit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: A. Compliance with Applicable Requirements: The Applicant shall develop and use the Subject Property in substantial compliance with: all applicable legislation; the Applicant’s testimony and representations to the ZBA, the P&D Committee, and the City Council; and the approved plans and documents on file in this case. B. Litter Collection Plan: The Applicant shall implement and adhere to a Litter Collection Plan that requires the policing of an area located within a radius of two hundred fifty feet (250’) of the Subject Property. The Applicant shall police this area at least once every three (3) hours during the hours the Special Use is in operation and shall keep it free of all litter, from any source. For the purpose of this ordinance, “litter” shall include, but is not limited to: food, food waste, and beverages; solid waste, including paper, wrappings, containers, cardboard, napkins, straws, utensils, plates, cans, glass, crockery, cigarette butts, ashes and similar materials; animal waste and dead animals; yard clippings and leaves; and all other waste materials which, if thrown or deposited as herein prohibited, may create a danger to public health, safety, or welfare. 247 of 323 131-O-14 ~3~ C. Hours of Operation: The Applicant shall operate the Type 2 Restaurant authorized by this ordinance only between the hours of 6:00 a.m. and 12:00 midnight on any given day. D. Employee Parking: Employees shall not park on the street. E. Deliveries: Deliveries shall not be scheduled during hours of highest traffic congestion in the vicinity. F. Recordation: Before it may operate the Special Use authorized by the terms of this ordinance, the Applicant shall record, at its cost, a certified copy of this ordinance with the Cook County Recorder of Deeds. SECTION 4: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 8: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. 248 of 323 131-O-14 ~4~ Introduced:_________________, 2014 Adopted:___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 249 of 323 131-O-14 ~5~ EXHIBIT A LEGAL DESCRIPTION THE W EST 21.5 FEET OF LOT 6 AND ALL OF LOT 7 IN COSGROVE’S SUBDIVISION OF LOTS 1 AND 2 IN BLOCK 27 IN THE ORIGINAL VILLAGE “NOW CITY” OF EVANSTON, IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE 3RD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 11-18-312-006-0000 COMMONLY KNOWN AS: 600 Davis Street, Evanston, Illinois. 250 of 323 Page 1 of 4 Zoning Board of Appeals DRAFT NOT APPROVED MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, October 7, 2014 7:00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Matt Rodgers, Violetta Cullen, Mary Beth Berns, Scott Gingold Members Absent: Andrew Gallimore, Myrna Arevalo, Beth McLennan Staff Present: Melissa Klotz, Lorrie Pearson, Mario Treto Chair: Matt Rodgers Declaration of Quorum With a quorum present, Chair Rodgers called the meeting to order at 7:02pm. Approval of Minutes The minutes from the September 23, 2014 Zoning Board of Appeals meeting were motioned for approval. Ms. Cullen made the motion and it was seconded by Ms. McLennan. The motion was approved 3-0, 1 member abstained. New Business 812 Church Street ZBA 14ZMJV-0113 Christopher Lawton, architect, applies for a special use permit for a Type 2 Restaurant, 800 Degrees Neapolitan Pizzeria, at 812 Church Street. 812 Church Street is located in the D3 Downtown Core Development District, which requires a special use permit for a Type 2 Restaurant to operate (Zoning Code Section 6-11-4-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. . Ms. Klotz read the case into the record. Christopher Lawton, architect, and Travis McDonald, 800 Degrees, explained the proposal: • A fast-fine dining restaurant; straddles line between a Type 1 and Type 2 • Concept for restaurant started in California • A high quality, “build your own pizza” assembly line • Beer and wine will be available • Will lease parking spaces if necessary • Delivery service will not be provided. Most people will eat in anyway because they have to wait in line. • Deliveries will occur via alley. There is no exact loading zone, so it will occur in the service corridor • Hours of operation: 11 a.m. to 2 a.m. is preferred but they are willing to work with what the City prefers Ms. Klotz noted that SPAARC recommended that the restaurant close at midnight on weekdays and 1 a.m. on weekends. • Venting will go up through the roof via LA Fitness • This would be the first location in Chicagoland. There are no plans for rapid expansion by any means The ZBA entered into deliberations. The Standards were addressed: 1. Yes 251 of 323 Page 2 of 4 Zoning Board of Appeals 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Mr. Gingold motioned to recommend approval of the proposal with the following conditions: • Litter Collection/Garbage Pick-Up Plan. • Employees cannot park on the street. • Hours of operation fall between 6 a.m. and midnight Sun-Thurs; 6 a.m. to 1 a.m. Fri & Sat • The project must be in substantial compliance of the documents and testimony on record. The motion was seconded by Ms. McLennan and approved 4-0. 1814 Central Street ZBA 14ZMJV-0115 Beth Welch, business owner, applies for a special use permit for a Type 2 Restaurant, Beth’s Little Bake Shop, at 1814 Central Street. 1814 Central Street is located in the B1a Business District and the oCSC Central Street Overlay District, which requires a special use permit for a Type 2 Restaurant to operate (Zoning Code Section 6-9-5-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into the record. Beth Welch, owner and head pastry chef, explained the proposal: • Ms. Welch is an Evanston native and resident with culinary education and training • Proposes a European-inspired pastry shop with breakfast, desserts, breads, and coffee • All items will be baked on premises • Will include wholesale & retail, eat in, and carry out services. • Hours of operation: 6 a.m. to 6 p.m. Monday- Friday; 7 a.m. to 5 p.m. Saturday; closed on Sunday for now • Bar service, but no seating • 3 full-time employees, 3 part-time employees, and seasonal employees; 3-4 employees per shift • Only street parking is available. There are lots of meters and many Metra users are anticipated. One employee parking space will be supplied. • Shop will pay meters for employees • Deliveries will occur off Poplar Avenue, not the alley, between 6 a.m. to 8 a.m. • Dumpsters behind building will be emptied twice a week • Will follow Litter Collection Plan and use environmentally friendly, disposable dishware • Phase 2 will open Type 1 café with expanded menu at a later date Chair Rodgers asked if any issues were raised regarding deliveries off of Poplar Avenue during rush hour with train parking and kids going to school. Ms. Klotz stated that no concerns had been raised at SPAARC. Ms. McLennan noted that it might be better for deliveries to occur between 10 a.m. and noon, which the applicant took under advisement. Ms. Welch also noted that there is currently a city garbage can on the corner, and 2 more at the train station, and she will add another just outside the door of her restaurant. 252 of 323 Page 3 of 4 Zoning Board of Appeals Mr. Gingold stated that the use of meters by employees is not preferable, but he is not sure there are any other options. The ZBA entered into deliberations. Mr. Gingold stated that hours of operation should remain between 6 a.m. and midnight daily, similar to those bestowed upon adjacent restaurants since this is not a downtown area. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Mr. Gingold motioned to recommend approval of the proposal with the following conditions: • Litter/Garbage Plan. • Employees use non-metered parking to the extent allowed • Hours of operation fall between 6 a.m. and midnight 7 days a week • Deliveries must avoid hours of traffic congestion • The project must be in substantial compliance of the documents and testimony on record The motion was seconded by Ms. Cullen and approved 4-0. 2149 Sherman Avenue (case withdrawn) ZBA 14ZMJV-0125 P. Matt Lederer, property owner, applies for major zoning relief to allow a third dwelling unit on an existing lot. The applicant requests 2,348 square feet of lot size per dwelling unit where 2,500 square feet is required (Zoning Code Section 6-8-6-4-C). The Zoning Board of Appeals is the determining body for this case. 600 Davis Street ZBA 14ZMJV-0123 Pascal Berthomieux, lessee, applies for a special use permit for a Type 2 Restaurant, Patisserie Coralie, at 600 Davis Street. 600 Davis Street is located in the D2 Downtown Retail Core District, which requires a special use permit for a Type 2 Restaurant to operate (Zoning Code Section 6-11-3-4). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Pascal Berthoumieux, owner, explained the proposal: • Proposes a French boutique pastry shop with coffee • Hours of operation: Monday-Friday 6 a.m. to 7 p.m., Saturday-Sunday 7 a.m.to 7 p.m. • Deliveries will occur in the morning via front door access due to no rear access. The delivery truck will be around the same size as a UPS truck • Most employees are local and will bike or take public transportation to work. Will provide parking permits for 2 management positions. • Owns Bistro Bordeaux (618 Church Street) and Creperie St. Germain (1512 Sherman Avenue) • Agrees to uphold Litter Collection/Garbage Plan • Lounge and bistro seating will be provided, but is unsure as to how much The ZBA entered into deliberations. 253 of 323 Page 4 of 4 Zoning Board of Appeals Chair Rodgers stated that deliveries through the front door are not ideal, but understands that it is the only option here. He does not condone using fire hydrant space as a loading zone. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Mr. Gingold motioned to recommend approval of the proposal with the following conditions: • Employees cannot park on the street. • Hours of operation: 6 a.m. to midnight • Litter Collection/Garbage Plan • Deliveries occur after rush hour to extent practical • The project must be in substantial compliance of the documents and testimony on record The motion was seconded by Ms. Cullen and approved 4-0. Ms. Klotz thanked the ZBA members who attended the IL-APA conference board training. Chair Rodgers noted that he was glad to have a functional board, full time staff, and access to legal staff and Ms. Cullen agreed. Ms. Klotz reminded the board that proposed rules changes will be addressed at the next ZBA meeting. The meeting adjourned at 8:15 p.m. 254 of 323 P LANNING AND Z ONING D IVISION 847-866-2930 zoning@cityofevanston.org Community Development Department 847-448-8126 www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3700 Evanston, IL 60201 FF II NN DD II NN GG SS FOR STANDARDS OF SS PP EE CC II AA LL UU SS EE PP EE RR MM II TT SS In the case of After conducting a public hearing on October 7, 2014, the Zoning Board of Appeals makes the following findings of fact, reflected in the audio-visual recording of the hearings, based upon the standards for special uses specified in Section 6-11-3-4 of the Zoning Ordinance: Standard Finding (A) It is one of the special uses specifically listed in the zoning ordinance; ___X__Met _____Not Met Vote 4-0 (B) It is in keeping with purposes and policies of the adopted comprehensive general plan and the zoning ordinance as amended from time to time; ___X___Met _____Not Met Vote 4-0 (C) It will not cause a negative cumulative effect, when its effect is considered in conjunction with the cumulative effect of various special uses of all types on the immediate neighborhood and the effect of the proposed type of special use upon the city as a whole; ___X___Met _____Not Met Vote 4-0 (D) It does not interfere with or diminish the value of property in the neighborhood; ___X___Met _____Not Met Vote 4-0 Case Number: 14ZMJV-0123 Address or Location: 600 Davis Street Applicant: Pascal Berthoumieux Proposed Special Use: Restaurant-Type 2, Patisserie Coralie, in D2 Downtown Retail Core District 255 of 323 P LANNING AND Z ONING D IVISION 847-866-2930 zoning@cityofevanston.org Community Development Department 847-448-8126 www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3700 Evanston, IL 60201 (E) It can be adequately served by public facilities and services ___X___Met _____Not Met Vote 4-0 (F) It does not cause undue traffic congestion; ___X___Met _____Not Met Vote 4-0 (G) It preserves significant historical and architectural resources; ___X___Met _____Not Met Vote 4-0 (H) It preserves significant natural and environmental features; and ___X___Met _____Not Met Vote 4-0 (I) It complies with all other applicable regulations of the district in which it is located and other applicable ordinances, except to the extent such regulations have been modified through the planned development process or the grant of a variation. ___X___Met _____Not Met Vote 4-0 and, based upon these findings, and upon a vote __4__ in favor & __0__ against Recommends to the City Council _____ approval without conditions __x__ approval with conditions specifically: 1. Must comply with Litter/Garbage Pick-Up Plan 2. Employees cannot park on the street 3. Hours of operation: 6 a.m. to midnight, daily 4. Deliveries occur after rush hour to extent practical 5. The project must be in substantial compliance of the documents and testimony on record. _____ denial of the proposed special use. __________________________________________ Date: _____________ Matt Rodgers Zoning Board of Appeals Chair 256 of 323 P LANNING AND Z ONING D IVISION 847-866-2930 zoning@cityofevanston.org Community Development Department 847-448-8126 www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3700 Evanston, IL 60201 Attending: Vote: Aye No ___X__ Mary Beth Berns __X__ ____ _______ Myrna Arevalo _____ ____ ___X___ Scott Gingold __X__ ____ _______ Beth McLennan _____ ____ ___X___ Matt Rodgers __X__ ____ ___X___ Violetta Cullen __X__ ____ _______ Andrew Gallimore _____ ____ 257 of 323 For City Council meeting of October 27, 2014 Item P4 Ordinance 50-O-14 Amending Title 4, Chapter 14 of the City Code – SPAARC For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Lorrie Pearson, Planning and Zoning Administrator Damir Latinovic, Neighborhood and Land Use Planner Subject: Ordinance 50-O-14 Amending Title 4, Chapter 14 of the City Code “Site Plan and Appearance Review” (SPAARC) to Design and Project Review (DAPR) Date: October 13, 2014 Recommended Action: City staff recommends the adoption of Ordinance 50-O-14 to institute a revised staff design and project review process. This ordinance was introduced at the October 13, 2014 City Council meeting. Summary: The Site Plan and Appearance Review Committee (SPAARC) is the staff committee that reviews projects and provides recommendations to various City legislative and quasi-judicial commissions and boards (i.e. ZBA, Plan Commission etc.), as well as to the City Council. Staff has identified several revisions that are noted in the proposed ordinance that will change this review process and lead to improved recommendations. It will also include a name change to Design and Project Review (DAPR) to more accurately reflect the importance of design and aesthetics during the approval process. Membership on DAPR has now been classified into voting and advisory members. Voting members are entitled to vote on all matters before the committee and advisory members will provide insight related to their area of expertise on an as needed basis. Specific member titles have been updated to reflect changes in positions since the previous SPAARC ordinance was adopted and additional members, primarily advisory, were added to allow for more recently created staff positions such as the Sustainable Programs and Cultural Arts Coordinators to provide input. The Director of Community Development will be the Committee Chair as most matters that are reviewed by DAPR are under the purview of the Community Development Dept. Memorandum 258 of 323 The Planning and Zoning Administrator will serve as the Vice-Chair and the Neighborhood and Land use Planner will serve as Secretary. A quorum will consist of two Community Development representatives, one from Public Works and two other voting members. Prior to the distribution of the weekly DAPR agenda, Community Development staff will review the agenda and determine which voting and advisory members should be present for each item. In many cases, a simple quorum will only be needed, thereby decreasing the amount of overall staff time devoted to DAPR. The new process will also allow for specific staff members to provide input on matters specifically related to their staff position and address any concerns related to staff input on projects not related to their present staff roles. The types of developments requiring DAPR approval will continue to include the construction of new buildings or structures as well as significant exterior modifications to existing buildings. Sidewalk Cafes will no longer be reviewed by DAPR and will proceed directly to the Health and Public Works Departments for approval. Single- family and two-family homes, permitted temporary uses and any use in the U3 District 100’ from any public right-of way will continue to not require DAPR approval. DAPR submission requirements from applicants will remain primarily unchanged and will typically reflect the type of approval of being sought from the City. For example, Planned Development applications will continue to be reviewed by DAPR utilizing the information required in that application process. The evaluation criteria for approval also remain largely the same as SPAARC. A final new requirement for all DAPR projects will be the utilization of staff comment forms. At each DAPR hearing, staff will submit written comments to the secretary that will include requirements that must be met prior to the project proceeding to the next approval phase. This step will ensure that projects are meeting all City requirements prior to board/commission and City Council review. These comments will be shared with the DAPR applicants so there is written documentation between the City and applicant. Staff will digitally save these forms/comments and the applicant’s response as part of the project’s official file. Attachments: Ordinance 50-O-14 DAPR Comment Form 259 of 323 10/7/2014 50-O-14 AN ORDINANCE Amending Title 4, Chapter 14 of the City Code, “Site Plan and Appearance Review” SECTION 1: Title 4, Chapter 14 of the Evanston City Code of 2012, as amended (the “City Code”), is hereby further amended to read as follows: CHAPTER 4 – SITE PLAN AND APPEARANCE REVIEW DESIGN AND PROJECT REVIEW (DAPR) 4-14-1: STATEMENT OF PURPOSE: (A) Objective. Site plan and appearance review Design and Project Review is a procedure for the review of proposed developments or redevelopments to ensure they are compatible with adjacent development by taking into account the relationship of the new development to its surroundings with review and discussion by members of city staff and community members from various disciplines. (B) Address Details Not Covered. The purpose of site plan and appearance review Design and Project Review is to go beyond the basic zoning requirements and to deal with the site details on which zoning and other codes are silent. Site plan and appearance review Design and Project Review is not a substitute for zoning. (C) Elements Examined. In carrying out the purpose of site plan and appearance review Design and Project Review, the following are examples of elements which are examined: 1. Parking arrangement. 2. Circulation. 3. Traffic access. 4. Building location on the site. 5. Landscaping. 6. Signage. 260 of 323 50-O-14 ~2~ 7. Drainage/storm water control. 8. Exterior building design and materials. (D) Authority Limited. Site plan and appearance review Design and Project Review does not have any authority to determine land use and in certain circumstances acts as a recommending body to the Zoning Board of Appeals and/or the Plan Commission. (E) Result Of Review Process. In addition to upgrading site development planning, the city hopes to create a process which will expedite the review of development proposals through providing a coordinated staff review. 4-14-1-1: SITE PLAN AND APPEARANCE REVIEW DESIGN AND PROJECT REVIEW COMMITTEE: (A) Membership. The membership of the site plan and appearance review Design and Project Review committee is composed of two groups: (1) Voting Members; and (2) Advisory Members. Voting Members shall be the only class of members entitled to vote on any matter put before the Design and Project Review committee. Advisory Members shall provide the Design and Project Review committee with insight related to their area of expertise as the committee as a whole discusses each matter. In the following, or, in the case of city staff, the named member may designate a department member to attend in his/her stead . The following are the list of members: Voting Members 1. Representative from City mManager’s Office/Economic Development Division.; 2. Director of Community and Economic Development.; 3. Director of pPublic wWorks.; 4. SuperintendentDirector of Parks, Recreation and Community Services.; 5. City eEngineer.; 6. Representative from the Fire Prevention Bureau Department.; 97. Representative from the Crime Prevention Bureau Police Department.; 108. Assistant Director of Zoning and Planning Planning and Zoning Administrator.; 261 of 323 50-O-14 ~3~ 119. Zoning Planner or Zoning Officer.; 1210. Manager of Building and Inspection Services.; 1311. Assistant Director of Public Works/Forestry; 12. Neighborhood and Land Use Planner; and 13. Representative from the Utilities Department. Advisory Members 1. Traffic e Engineer.; 2. Director of the arts council Cultural Arts Coordinator.; 3. Sustainable Programs Coordinator; 4. Historic Preservation Coordinator; 5. Plan Reviewer; 6. Representative from Administrative Services; 7. Housing and Grants Administrator; 8. Representative from the Health Department; and 9. AnOne or more architect or urban designer who are is employed in Evanston or are is a resident of Evanston as and appointed by the Mayor with the advice and consent of the City Council. Said Mayoral appointment shall be for terms of no longer than three (3) two (2) years. (B) Officers. 1. The officers of the Committee shall consist of the Chair, Vice-Chair and Secretary. 2. The Director of Community Development shall preside as the Chair of the Committee. 3. The Planning and Zoning Administrator shall serve as the Vice-Chair of the Committee. 262 of 323 50-O-14 ~4~ 4. The Neighborhood and Land Use Planner shall serve as the Secretary of the Committee. 5. The Chair, or his/her designee, shall supervise the Committee and shall preside at all Committee meetings. 6. The Vice-Chair, in the absence of the Chair, shall perform all duties and exercise all powers of the Chair. 7. The Secretary shall: a. Be custodian of the active files of the Committee and keep all of the records. b. Conduct the correspondence of the Committee. c. Promptly prepare and distribute a meeting agenda in consultation with the Chair. The rules shall be reviewed regularly and monitored to ensure consistency with the policies and priorities of the City Council. d. Record the names and addresses of all persons appearing before the Committee. e. Keep records of the Committee’s official actions and prepare meetings. f. Record each member’s vote for every question, whether or not each member was present for the vote, and if a member abstained from voting for a particular question. g. Perform such additional duties as may be requested by the Chair or Committee. (D)(C) Voting. Voting privileges are extended to the above Voting Members listed under 14-4-1-1(A). Advisory Members shall abstain from voting. The advice of the Preservation Commission may be requested by the Site Plan and Appearance Review Committee. (C)(D) Quorum. A quorum shall consist of the Assistant Director for Zoning the Director of Community Development or his/her designee, one other representative from the Department of Community and Economic Development, and a representative from the Department of Public Works, and two additional Voting Members as listed under Section 14-4-1-1(A)from the Department of Parks, Recreation and Community Services, and shall be required in order to conduct any official Committee business. 263 of 323 50-O-14 ~5~ (D)(E) Objective. Such a review will bring together staff from various departments to meet with developers to help resolve any site or appearance problems and more directly communicate the City's requirements. By identifying the applicable codes and ordinances through this process, costly delays from oversights or incomplete applications may be avoided. In such joint meetings, there is opportunity for exchange between all affected parties which should improve communications and also provide the developer with professional expertise in site and building design. The resultant resulting design should also promote efficiency and economy in providing any necessary City services. Beyond the specific improvements to the site itself, site plan and appearance review Design and Project Review should help reduce adverse impact, promote harmony of development with its surroundings and maintain property values. 4-14-2: DEVELOPMENTS REQUIRING SITE PLAN AND APPEARANCE REVIEW DESIGN AND PROJECT REVIEW APPROVAL PRIOR TO ISSUANCE OF BUILDING PERMIT: (A) The following are developments requiring site plan and appearance review Design and Project Review approval prior to issuance of building permits for the development or in the case of Type II Restaurant sidewalk cafes, prior to City Council consideration of a sidewalk cafe permit: 1. Construction of a new building or structure, or modifications to the exterior of an existing structure (including additions) for any land use requiring a building permit except single-family homes, located in the business, commercial, downtown, university, office, industrial or transitional manufacturing districts. 2. Construction of a new building or structure or modifications to the exterior of an existing building or structure (including additions) for all nonresidential uses in residential districts. 3. Construction of a new building or structure, or modifications to the exterior of an existing building or structure (including additions) for all multi-family uses in any zoning district. 4. Developments requiring special use approval. 5.3. Developments requiring a zoning variation. 6.4. Developments requiring a zoning ordinance text or Map amendment. 7.5. All planned developments. 8.6. All Municipal or other public developments. 264 of 323 50-O-14 ~6~ 9.7. Any proposed developments for which parking is to be located off-site. 10.8. All development proposals for which public and/or quasi-public financial assistance has been requested. 11.9. All subdivisions and plats of consolidation. 12.10. Sidewalk cafes for Type II Restaurants. Any other use or development as determined by the Director of Community Development. (B) Exceptions. No site plan and appearance review Design and Project Review shall be required for the following uses: 1. Permitted single-family and two family residential uses. 2. Permitted temporary uses. 3. Any use in a U3 University District that is greater than one hundred feet (100') from any publicly dedicated right of way that abuts the U3 District. 4-14-3: PRELIMINARY AND FINAL SITE PLAN AND APPEARANCE REVIEW DESIGN AND PROJECT REVIEW REQUIRED: For the types of developments defined in subsection 2(A)Section 4-14-2(A) of this Chapter, a site plan, prepared in accordance with the provisions of this Section, shall be required for a concept, preliminary, or final Design Project Review conferencesite plan and appearance review conference and for final approval by the Site Plan and Appearance Review Committee. Additional submittal materials may be required as determined by the Director of Community Development. (A) Concept Design and Project Review. 1. Concept Design and Project Review is optional and intended for large and/or complex construction projects in which applicants seek input from City staff during the initial design stage. Concept Design and Project Review is for projects that have not yet applied for zoning review or a building permit for said project. 2. The Design and Project Review Committee does not provide a vote or official recommendation at concept review. 3. Concept review is scheduled directly through the Zoning Office upon request of the applicant. (B) Preliminary Site Plan And Appearance ReviewDesign and Project Review. 265 of 323 50-O-14 ~7~ 1. A preliminary site plan and appearance review Design and Project Review conference is required. The purpose of the preliminary site plan and appearance review Design and Project Review is to acquaint all pertinent City staff with the proposal and the views and concerns of those participating. The site plan and appearance review conference occurs at the conceptual stage of a development assist the applicant in bringing the site and building plans into conformity with applicable regulations and seek input from City staff at the stage of development when designs are flexible and adjustments are possible. Preliminary review may occur only upon the completion of a Zoning Analysis by City staff. 2. The preliminary site plan and appearance review conference is also intended to assist the applicant in bringing the site and building plan into conformity with the requirements of these and other applicable regulations Design and Project Review Committee provides an official vote or recommendation at preliminary reviews. 3. Specific submission requirements for final site and appearance review as set forth in Section 4 of this Chapter will be reviewed as part of the preliminary site plan and appearance review conference. Preliminary review occurs in conjunction with final review unless otherwise specified by the applicant through the Zoning Office. (B)(C) Final Site Plan And Appearance Design and Project Review. 1. A final site plan and appearance review Design and Project Review conference shall also be is required. The purpose of the final site plan and appearance review Design and Project Review conference is to verify that the final site plan complies with all the applicable requirements regulations and meets the design goals of the City. of this Chapter. The final site plan and appearance review approval shall be granted or denied in accordance with Section 5 of this Chapter, following the completion of a zoning analysis on the proposed development, following the final site plan and appearance review conference and shall precede the granting of a building permit, provided, however, that no zoning analysis shall be required for Type II Restaurant sidewalk cafes. Final review may occur only upon the completion of a Zoning Analysis by City staff that is in conjunction with a building permit application. 2. The Design and Project Review committee provides an official vote or recommendation at reviews. 3. Final Design and Project Review is required prior to the issuance of a building permit. 266 of 323 50-O-14 ~8~ (C)(D) Committee Action Recorded And and Transmitted. Official actions recommendation to City boards and/or Commissions of the Design and Project Review of the Site Plan and Appearance Review Committee shall be recorded and transmitted to the City Council. 4-14-4: SUBMISSION REQUIREMENTS AND PROCEDURES: (A) Submission Requirements And and Procedures. Applications for site plan and appearance review approval for uses other than sidewalk cafes in connection with Type II Restaurants shall be submitted to the City Manager, or his/her designee, as follows:The following documents are required for proper submission (Note: Director of Community Development or his/her designee may require digital documentation): 1. Preliminary Site Plan And Appearance Design and Project Review Application: Three (3) copies of a preliminary site plan, current plat of survey which accurately reflects the premises at the time of submission, and preliminary elevation drawings. 2. Final Site Plan And Appearance Design and Project Review Application: A zoning analysis of the proposed development is required prior to final site plan and appearance reviewDesign and Project Review. Four (4) copies of the following exhibits shall be prepared by design professionals such as architects or engineers. The submitted and include a final site and building plan shall contain containing the following: a. Existing and proposed development on the site and adjacent sites. b. Elevation drawings of all proposed buildings. A color rendering of the primary façade may also be required. c. Actual building material samples and manufacturer's product information representing accurate color, texture, pattern, finish and range of variations of all exterior building materials proposed. d. Parking plans and access drives including dimensions, stall markings, required screening, landscaping and surfacing. e. Lighting plan identifying the location, height and type of all site, sign and exterior building illumination proposed. f. Landscape development plan including plant names, quantities, locations and sizes of major plant masses, and locations of all existing trees with a trunk diameter in excess of four inches (4"). 267 of 323 50-O-14 ~9~ g. Signage plan identifying the location, height, type, size, color and proposed message of all exterior signage proposed, consistent with all other signage regulations. h. Sidewalks and any other elements of pedestrian circulation. i. Major accessory elements including, but not limited to, signage, outdoor furniture, bike racks, outdoor art, etc. j. Any proposed improvements on the public right of way which the developer may be required to make as part of the site improvements, such as parkway trees, public sidewalks, adjacent alley surfacing, driveway removal and curb and gutter replacement. k. A current plat of survey which accurately reflects the premises at the time of submission. l. A completed zoning analysis on the proposed project. m. Other materials and data which may be required of the applicant for an adequate plan review (such as, but not limited to: traffic studies, a sustainability plan, preliminary engineering and drainage/storm water control plans, preliminary utility locations, floor plans, etc.). n. All site plans submitted for final approval shall be accompanied by a plat of survey showing that the property for the proposed development consists of, and is coterminous with, a single lot described in a recorded plat of subdivision, or a preliminary proposed resubdivision or consolidation to create such a single lot. (B) Type II Restaurant Sidewalk Cafe Submission Requirements. In the case of Type II Restaurant sidewalk cafes, the applicant shall submit the information set forth in subsection 7-2-6(D)3 of this Code. (C) Review Conference. The developer or his/her representative shall be present at the final site plan and appearance review Design and Project Review conference to explain the project and to answer any questions thereon. 4-14-5: PRELIMINARY AND FINAL SITE PLAN AND APPEARANCE DESIGN AND PROJECT REVIEW APPROVAL: (A) Within fifteen (15) working days following the receipt of the completed application for preliminary or final site plan and appearance approval, the City Manager, (A) The Director of Community Development, or his/her designee, shall then schedule and conduct the preliminary or final site plan and appearance review Design and Project Review conference. At the preliminary or final site plan and 268 of 323 50-O-14 ~10~ appearance review Design and Project Review conference, the Manager, Director of Community Development or his/her designee, will either: 1. Approve the site and building plan; 2. On the basis of written findings as to how the proposed development does not meet the evaluation criteria standards set forth below, approve the site and building plan subject to specific modifications; or 3. On the basis of such written findings as to how the proposed development does not meet the evaluation criteria standards, decline to approve the site plan. (B) The City Manager, or his/her designee, shall determine if analysis or review of the building plans by appropriate staff is necessary prior to granting of final approval. (C) At the conclusion of the review, the City Manager Director of Community Development or his/her designee shall return to the applicant one copy of the submitted plans permanently marked to indicate one of the following options: show either approval, approval subject to further specified approvals, lack of approval, or approval subject to modifications. Upon approval of a final site and building plan, the applicant may seek and the City may issue building permits. 4-14-6: EVALUATION CRITERIA: The goals and objectives of the Comprehensive General Plan or other applicable Evanston planning and design documents shall be utilized in the review of proposed site and building plans. In addition, the following criteria shall also be used to determine whether a proposed site and building plan fulfills the objectives of this Chapter. (A) Building And and Structure Location. The arrangement of the structures on the site shall allow for the effective use of the proposed development. Furthermore, such arrangement shall be compatible with development on adjacent propertyproperties. Also, the arrangement of structures on the site shall be evaluated for their potential impact on the ability to deliver provision of the Municipal services, such as access for emergency equipment. (B) Building Design And and Appearance. The appearance of buildings shall be designed to respect the attributes of adjacent and surrounding development (and any existing on site buildings proposed to remain), and to reduce any adverse impacts caused by differing architectural styles, while maintaining and promoting the city's diverse architectural fabric. Architectural style, massing, scale, proportion, window fenestration, rhythm of design elements, color palette and building materials shall be considered in determining compliance with this objective. Fulfillment of this objective shall be nonbinding on the applicant. 269 of 323 50-O-14 ~11~ (C) Landscaping. Landscape design shall create a logical transition to adjoining development, screen incompatible uses, and minimize the visual impact of parking lots on adjacent sites and roadways. Plant materials shall be selected so as to withstand Evanston's climate and the microclimate on the property. Plant materials shall be selected with the advice of city staff. (D) Graphics And and Signage. Signs shall be minimized in number and size, and integrated with architectural and site landscape features. Placement of signs shall not unduly obscure or interfere with sight lines to other properties. (E) Circulation. All circulation systems shall provide adequate and safe access to the site and be compatible with the public circulation systems to minimize dangerous traffic movements. Pedestrian and auto circulation shall be separated, insofar as is practicable. Curb cuts on the site shall be minimized. (F) Parking Areas And and Lots. Proposed parking areas or lots shall be designed, located, and screened to minimize adverse visual impact on adjacent properties. Perimeter parking lot screening/landscaping shall be provided. Interior parking lot landscaping is also required where practicable to break up large areas of parking with plant material. Parking lot drainage shall not adversely affect surrounding properties. (G) Open Space. Where practicable, open Open space on the site shall create a desirable and functional environment for patrons, pedestrians and occupants. (H) Site Illumination. Site illumination shall be designed, located and installed so as to minimize adverse impact on adjacent properties. A site lighting plan may be required by City staff. (I) Preservation. Preservation of unique architectural resources is encouraged. Development and development designs that respect desirable historical architectural resources on of surrounding sites are also encouragedshould be provided. (J) Completeness. The application for site plan and appearance review Design and Project Review must contain all the information required in section 4 of this chapter. (K) Compliance With All Other Applicable Codes. These may include, but are not limited to, the following: 1. The Evanston zoning ordinance. 2. The adopted building codes. 270 of 323 50-O-14 ~12~ 3. This code. 4-14-7: EVALUATION CRITERIA FOR TYPE 2 RESTAURANT SIDEWALK CAFES: (A) In the case of a type 2 restaurant sidewalk cafe, the following criteria, and not those in section 6 of this chapter, shall be used to evaluate the proposed use: 1. 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. 2. The proposed sidewalk cafe will not cause undue pedestrian or vehicular traffic congestion. 3. The sidewalk cafe will not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties. 4. 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 subsection 7-2-6(D) of this code. 5. The proposed sidewalk cafe is not likely to have an adverse effect upon the public health, welfare, or safety. 6. The proposed sidewalk cafe meets the requirements of subsections 7-2- 6(D)4 and (D)5 of this code. (B) The site plan and appearance review committee will make written findings as to whether the proposed use meets the criteria set forth in subsection (A) of this section, and shall, within fifteen (15) working days after receipt of the completed permit application, report its findings to the city manager or his/her designee with a recommendation to the city council as to whether the permit should or should not be granted. 4-14-87: AMENDMENTS: Amendments to an approved site and building plan shall require approval in the same manner required for the original site plan. 4-14-98: TIME LIMIT ON APPROVAL: (A) No site and building plan approval shall be valid for a period longer than one year from the date of approval unless a building permit is issued and construction is actually begun within that period. 271 of 323 50-O-14 ~13~ (B) Time extensions may be authorized by the city manager Director of Community Development or his/her designee provided the applicant demonstrates that there are circumstances, difficulties or practical hardships which make compliance with the original one year approval period unreasonable. 4-14-109: APPEALS: Any final site plan and appearance review Design and Project Review decision by the city manager, or his/her designee, may be returned appealed to the site plan and appearance review Design and Project Review committee for additional consideration, modified modification, reversed reversal or affirmed affirmation by the committee of the whole upon appeal by the applicant. Such appeal shall be filed with the committee of the whole within fifteen (15) business days of the decision by the city manager Director of Community Development, or his/her designee, and the committee shall consider and decide said appeal within fifteen (15) business days thereafter. SECTION 2: That Subsection 6-3-1-3 of the City Code, is hereby further amended to read as follows: 6-3-1-3: SITE PLAN AND APPEARANCE REVIEW COMMITTEE (SPARC)DESIGN AND PROJECT REVIEW (DAPR) COMMITTEE: The Site Plan and Appearance Review Design and Project Review Committee is responsible for all site plan reviews authorized pursuant to the provisions of the separate Site Plan and Appearance Review Design and Project Review Ordinance, Ordinance No. 31-0-9350-O-14, as amended. (A copy of Ordinance No. 31-0-9350-O- 14 is included in Appendix E of this Ordinance.) Aspects which the SPARCDAPR addresses in site plan review in specified zoning districts include, but are not limited to: (A) Building and structure location. (B) Building design and appearance. (C) Landscaping. (D) Graphics and signage. (E) Circulation. (F) Parking areas and lots. (G) Open space. (H) Site illumination. 272 of 323 50-O-14 ~14~ (I) Preservation. (J) Completeness. (K) Compliance with all other applicable codes. SPARCDAPR decisions may be appealed pursuant to Section 4-14-9 of this Code.to the Planning and Development Committee of the City Council. SECTION 3: That Subsection 6-3-1-6 of the City Code is hereby further amended to read as follows: 6-3-1-6: CITY COUNCIL: The City Council: (A) Approves or disapproves any application for an amendment to the Zoning Ordinance, major variation pertaining to off-street parking and loading, special use (including a planned development), and unique use. (B) Approves or disapproves any combined application for a special use and variation(s) and any application for a major variation and a major variation pertaining to off-street parking and loading. (C) Hears and decides, through its Planning and Development Committee, any appeal from a decision of the Zoning Administrator regarding an application for a substitution for an existing special use and an application for a temporary use. (D) Hears and decides, through its Planning and Development Committee, any appeal from a decision of the Site Plan and Appearance Review Committee. (E) Take such other actions not delegated to other bodies that may be desirable and necessary to implement the provisions of this Ordinance. SECTION 4: That Subsection 6-3-5-7(A) of the City Code is hereby further amended to read as follows: (A) Review Procedure: After determining that the special use application is complete pursuant to Section 6-3-3-1, the Zoning Administrator shall prepare and forward his written recommendation accompanied by the Site Plan and AppearanceDesign and Project Review Committee's written report to the Plan Commission, in the case of planned developments, and to the Zoning Board of Appeals for all other categories of special uses. At the same time, the Zoning 273 of 323 50-O-14 ~15~ Administrator shall, in the case of a planned development, cause notice of a public hearing before the Plan Commission to be published pursuant to Section 6-3-6-8. In the case of all other special uses, the Zoning Administrator shall cause notice of a public hearing before the Zoning Board of Appeals to be published not more than thirty (30) days nor less than fifteen (15) days before the date of the hearing. In addition, a sign shall be posted on the property for a minimum of ten (10) working days prior to the public hearing indicating the place, time and date of the hearing. SECTION 5: That Subsection 6-3-6-7(A) of the City Code is hereby further amended to read as follows: (A) Pre-Application Conference: Prior to submitting a planned development application for approval, an applicant shall meet with the Zoning Administrator or his or her designee, the chairman of the Plan Commission and the Alderman of the ward in which the proposed planned development is located, or their designees in conjunction with the Site Plan and AppearanceDesign and Project Review Committee (SPARCDAPR). Where applicable, a representative of the Preservation Commission shall be present. The purpose of the conference is to enable the applicant to present the concept of the proposed planned development and to discuss the procedures and standards for planned development approval. The pre-application conference is intended to facilitate the filing and consideration of a complete application and no representation made by the Zoning Administrator, the SPARCDAPR or the representative of the Preservation Commission or Plan Commission during such conference or at any other time shall be binding upon the City with respect to the application subsequently submitted. The Zoning Administrator shall schedule the pre- application conference with the Site Plan and AppearanceDesign and Project Review Committee within fifteen (15) calendar days after receiving the applicant's request. SECTION 6: That Subsection 6-3-6-7(C) of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: (C) Results of Pre-Application Conference: Following the pre-application conference, the Zoning Administrator and the Site Plan and AppearanceDesign and Project Review Committee shall be available to suggest modifications to the site plan as discussed during the pre-application conference. Within seven (7) calendar days, minutes of the pre-application conference shall be sent to the applicant and the Plan Commission and shall be made available upon request to interested parties by the Zoning Administrator. 274 of 323 50-O-14 ~16~ SECTION 7: That Subsection 6-7-3(B) of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: (B) Landscaping, screening and setbacks for the uses, equipment and accessories described in this Section shall be determined by the Site Plan and AppearanceDesign and Project Review Committee. However, buildings and structures that cover a ground area of less than nine (9) square feet shall be exempt from the landscaping, screening and yard requirements. SECTION 8: That Subsection 6-7-4 of the City Code is hereby further amended to read as follows: 6-7-4: MUNICIPAL USE EXEMPTION: Any governmental or proprietary function owned or operated by the City shall be a permitted use in any district. The City Council may approve buildings and structures owned and operated by the City that do not comply with all of the requirements of the underlying district, if they are necessary for the provision of desired City services and if the adverse impact on surrounding properties resulting from such noncompliance is minimized. Adverse impacts may be minimized by design, architectural treatment, screening, landscaping and/or placement on the lot. Such plan for reduction of adverse impact shall be subject to review by the Site Plan and Appearance Design and Project Review Committee. SECTION 9: That Subsection 6-9-1-4 of the City Code hereby further amended to read as follows: 6-9-1-4: SITE PLAN REVIEW: Applications for development approval for properties located within the business districts shall be subject to site plan review in accordance with the provisions of Chapter 3, "Implementation and Administration," of this Title and Title 4, Chapter 14, “Design and Project Review,”17, "Site Plan And Appearance Review," of this code, as amended. SECTION 10: That Subsection 6-9-1-9(B) of the City Code is hereby further amended to read as follows: (B) Site Controls And Standards: The following site controls and standards are established to provide a regulatory framework that will promote excellence in site design. It is not intended to restrict or inhibit the Site Plan and Appearance Design and Project Review Committee or the applicant from applying other site design principles and standards that may be applicable to the planned 275 of 323 50-O-14 ~17~ development being proposed and that may be found in the City's "Manual Of Design Guidelines" or in common use by design professionals. 1. The minimum area for a planned development established in a business district shall be as follows: (a) B1 Ten thousand (10,000) square feet. (b) B1a Ten thousand (10,000) square feet. (c) B2 Ten thousand (10,000) square feet. (d) B3 None. 2. For all boundaries of the planned development abutting a residential property, there shall be provided a transition landscaped strip of at least ten (10) feet consisting of vegetative screening, fencing, or decorative walls in accordance with the "Manual Of Design Guidelines" and Chapter 17, "Landscaping And Screening," of this Title. The transition landscaped strip and its treatment shall be depicted on the required landscape plan submitted as part of the planned development application. 3. Walkways developed for a planned development shall form a logical, safe and convenient system for pedestrian access to all project facilities as well as any off site destination likely to attract substantial pedestrian traffic. Pedestrian ways shall not be used by other automotive traffic. 4. The location, construction, and operation of parking, loading areas, and service areas, shall be designed to avoid adverse effects on residential uses within or adjoining the development and, where possible, provide additional parking beyond that required for the planned development to service the business district in which it is located. 5. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular and pedestrian traffic. 6. The planned development shall provide, if possible, for underground installation of utilities (including electricity and telephone) both in public ways and private extensions thereof. Provisions shall be made for acceptable design and construction of storm water control facilities, including grading, gutter, piping and treatment of turf and maintenance of facilities. 7. For every planned development there shall be provided a market feasibility statement that shall indicate the consumer market areas for all uses proposed in the development, the population potential of the area or areas to be served by the uses proposed and other pertinent information concerning the need or demand for such uses of land. 276 of 323 50-O-14 ~18~ 8. For every planned development involving structures exceeding a gross floor area of twenty thousand (20,000) square feet there shall be provided a traffic circulation impact study that shall show the effect of all proposed uses upon adjacent and nearby roads and highways. The study also shall show the amount and direction of anticipated traffic flow and clearly describe what road improvements and traffic control improvements might become necessary as a result of the construction of the proposed development. 9. The Zoning Administrator may, at his discretion, require of the applicant additional studies or impact analyses when he determines that a reasonable need for such investigation is indicated. SECTION 11: That Subsection 6-12-1-3 of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: 6-12-1-3: SITE PLAN DESIGN AND PROJECT REVIEW: Applications for development approval for properties located within the Research Park District shall be subject to site plan review Design and Project Review in accordance with the provisions of Chapter 3, "Implementation and Administration" of this Ordinance, and the separate Site Plan and Appearance Design and Project Review Ordinance, Ordinance No. 31-0-9350-O-14, as amended. SECTION 12: That Subsection 6-12-1-7(B) of the City Code is hereby further amended to read as follows: (B) Site Controls and Standards: The following site controls and standards are established to provide a regulatory framework that will promote excellence in site design. Their establishment is not intended to restrict or inhibit the Site Plan and Appearance Design and Project Review Committee or the applicant from applying other site design principles and standards that may be applicable to the planned development being proposed and that may be found in the research park master plan, the City's Manual of Design Guidelines, or in common use by design professionals. 1. The minimum area for a planned development established in the research park districts shall be nineteen thousand five hundred (19,500) square feet. 2. For each planned development there shall be submitted a tree preservation statement evaluating each building site as to whether desirable tree stands or other natural features exist and can be preserved. 277 of 323 50-O-14 ~19~ The preservation statement shall be made part of the required landscape plan submitted as part of the planned development application. 3. Walkways developed for a planned development shall form a logical, safe, and convenient system for pedestrian access to all dwelling units, all project facilities, as well as any off-site destination likely to attract substantial pedestrian traffic. Walkways, when used by substantial numbers of children as play areas, routes to school or other principal destinations, shall be so located and safeguarded as to minimize contacts with normal automobile traffic. Street crossings shall be located, designed, and marked to promote the utmost safety. If substantial bicycle traffic is anticipated, bicycle paths shall be incorporated into the walkway system. Pedestrian ways shall not be used by other automotive traffic. 4. The location, construction and operation of parking, loading areas and service areas, shall be designed to avoid adverse effects on residential uses within or adjoining the development. 5. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular and pedestrian traffic. 6. The planned development shall provide, if possible, for underground installation of utilities (including electricity and telephone) both in public ways and private extensions thereof. Provisions shall be made for acceptable design and construction of storm water facilities including grading, gutter, piping, and treatment of turf and maintenance of facilities. 7. The Zoning Administrator may, at his discretion, require of the applicant additional studies or impact analyses when he determines that a reasonable need for such investigation is indicated. SECTION 13: That Subsection 6-13-1-3 of the City Code is hereby further amended to read as follows: 6-13-1-3: SITE PLAN REVIEW: Applications for development approval for properties within the transitional manufacturing districts shall be subject to site plan review in accordance with the provisions of Chapter 3, "Implementation And Administration," of this Title, and Title 4, Chapter 14, “Design and Project Review,”17, "Site Plan And Appearance Review," of this code, as amended. 278 of 323 50-O-14 ~20~ SECTION 14: That Subsection 6-13-1-10(B) of the City Code is hereby further amended to read as follows: (B) Site Controls and Standards: The following site controls and standards are established to provide a regulatory framework that will promote excellence in site design. Their establishment is not intended to restrict or inhibit the Site Plan and AppearanceDesign and Project Review Committee or the applicant from applying other site design principles and standards that may be applicable to the planned development being proposed and that may be found in the City's Manual of Design Guidelines or in common use by design professionals. 1. For planned developments incorporating residential uses a minimum of forty-five percent (45%) of the total gross area of the planned development shall be devoted to usable open space. Said open space and its proposed treatment shall be depicted on the required landscape plan submitted as part of the planned development application. 2. For planned developments incorporating manufacturing uses said uses shall be conducted entirely within an enclosed building. Outdoor storage of merchandise or production material may be permitted, provided the storage area consists of no more than ten percent (10%) of the subject site and further provided that the storage area is completely enclosed by screened fences, walls or landscaping designed to a height and density to shield the storage area from view when viewed from off the site. 3. For all boundaries of the planned development not immediately abutting a dedicated and improved public street, there shall be provided a transiti on landscaped strip of at least five percent (5%) of the average depth of the lot or twenty-five (25) feet, whichever is greater, consisting of vegetative screening, fencing, or decorative walls in accordance with the Manual of Design Guidelines and Chapter 17, "Landscaping and Screening." The transition landscaped strip and its treatment shall be depicted on the required landscape plan and submitted as part of the planned development application. 4. Walkways developed for a planned development shall form a logical, safe and convenient system for pedestrian access to all project facilities as well as any off-site designation likely to attract substantial pedestrian traffic. Walkways designed to be used by substantial numbers of children as play areas, routes to school or other principal destinations shall be located and safeguarded to minimize contacts with normal automobile traffic. Street crossings shall be located, designed, and marked to promote the utmost safety. Pedestrian-ways shall not be used by other automotive traffic. 279 of 323 50-O-14 ~21~ 5. The location, construction and operation of parking, loading areas, and service areas, shall be designed to avoid adverse effects on residential uses within or adjoining the development and, where possible, provide additional parking beyond that required for the planned development to service the manufacturing district in which it is located. 6. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular and pedestrian traffic. If the planned development employs local streets within the development, said streets shall not be connected to streets outside the development in such a way as to encourage their use by through traffic. 7. The planned development shall provide, if possible, for underground installation of utilities (including electricity and telephone) both in public ways and private extensions thereof. Provisions shall be made for acceptable design and construction of storm water control facilities including grading, gutter, piping, treatment of turf, and maintenance of facilities. 8. For every planned development involving twenty (20) dwelling units or more there shall be provided a market feasibility statement that shall indicate the consumer market areas for all uses proposed in the development, the population potential of the area or areas to be served by the uses proposed and other pertinent information concerning the need or demand for such uses of land. 9. For every planned development there shall be provided a traffic circulation impact study that shall show the effect of all proposed uses upon adjacent and nearby roads and highways. The study shall also show the amount and direction of anticipated traffic flow and clearly describe what road and traffic control improvements might become necessary as a result of the construction of the proposed development. 10. The Zoning Administrator may, at his discretion, require of the applicant additional studies or impact analyses when he determines that a reasonable need for such investigation is indicated. SECTION 15: That Subsection 6-14-1-3 of the City Code is hereby further amended to read as follows: 6-14-1-3: SITE PLAN DESIGN AND PROJECT REVIEW: Applications for development approval for properties located within the industrial districts shall be subject to site plan review Design and Project Review in accordance 280 of 323 50-O-14 ~22~ with the provisions of Chapter 3, "Implementation and Administration" of this Ordinance, and the separate Site Plan and Appearances Design and Project Review Ordinance, Ordinance No. 31-0-9350-O-14, as amended. SECTION 16: That Subsection 6-14-1-10(B) of the City Code is hereby further amended to read as follows: (B) Site Controls and Standards: The following site controls and standards are established to provide a regulatory framework that will promote excellence in site design. Their establishment is not intended to restrict or inhibit the Site Plan and Appearance Design and Project Review Committee or the applicant from applying other site design principles and standards that may be applicable to the planned development being proposed and that may be found in the City's Manual of Design Guidelines or in common use by design professionals. 1. For all boundaries of the planned development immediately abutting a residential property there shall be provided a transition landscaped strip of at least five percent (5%) of the average depth of the lot or twenty (20) feet, whichever is greater, consisting of vegetative screening, fencing, or decorative walls in accordance with the Manual of Design Guidelines and Chapter 17, "Landscaping and Screening." The transition landscaped strip and its treatment shall be depicted on the required landscape plan submitted as part of the planned development application. 2. Walkways developed for a planned development shall form a logical, safe and convenient system for pedestrian access to all project facilities as well as any off-site designation likely to attract substantial pedestrian traffic. Pedestrian-ways shall not be used by other automotive traffic. 3. The location, construction and operation of parking, loading areas, and service areas, shall be designed to avoid adverse effects on residential uses within or adjoining the development and, where possible, provide additional parking beyond that required for the planned development to service the industrial district in which it is located. 4. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular and pedestrian traffic. If the planned development employs local streets within the development, said streets shall not be connected to streets outside the development in such a way as to encourage their use by through traffic. 5. The planned development shall provide, if possible, for underground installation of utilities (including electricity and telephone) both in public ways and private extensions thereof. Provisions shall be made for 281 of 323 50-O-14 ~23~ acceptable design and construction of storm water control facilities including grading, gutter, piping, treatment of turf, and maintenance of facilities. 6. For every planned development there shall be provided a market feasibility statement that shall indicate the consumer market areas for all uses proposed in the development, the population potential of the area or areas to be served by the uses proposed, and other pertinent information concerning the need or demand for such uses of land. 7. For every planned development there shall be provided a traffic circulation impact study that shall show the effect of all proposed uses upon adjacent and nearby roads and highways. The study also shall show the amount and direction of anticipated traffic flow and clearly describe what road improvements and traffic control improvements might become necessary as result of the construction of the proposed development. 8. The Zoning Administrator may, at his discretion, require of the applicant additional studies or impact analyses when he determines that a reasonable need for such investigation is indicated. SECTION 17: That Subsection 6-17-2-1 of the City Code is hereby further amended to read as follows: 6-17-2-1: SITE PLAN AND APPEARANCE DESIGN AND PROJECT REVIEW COMMITTEE: (A) The landscape guidelines set forth in this Chapter 17, "Landscaping and Screening," shall be implemented by the Site Plan and Appearance Design and Project Review Committee through the site plan review process described in Chapter 3, "Implementation and Administration" and set forth in the separate Site Plan and AppearanceDesign and Project Review Ordinance, Ordinance No. 31- 0-9350-O-14, as amended, a copy of which is included as Appendix E to this document. (B) The Site Plan and AppearanceDesign and Project Review Committee's interpretation of the landscape guidelines shall be consistent with the landscape standards contained in the Manual of Design Guidelines, described in Section 6- 17-2-2 below. SECTION 18: That Subsection 6-17-2-2 of the City Code is hereby further amended to read as follows: 6-17-2-2: MANUAL OF DESIGN GUIDELINES: 282 of 323 50-O-14 ~24~ The Plan Commission shall prepare a Manual of Design Guidelines for review and approval by the City Council that shall be a separate document from this Ordinance. The Manual shall include detailed landscape design guidelines to assist developers in the preparation of landscape plans and the Site Plan and Appearance Design and Project Review Committee in its review of landscape plans. The detailed design guidelines contained in the Manual shall guide the Site Plan and Appearance Design and Project Review Committee in its implementation of the general landscape guidelines set forth in this Chapter 17, "Landscaping and Screening." The scope of landscaping guidelines that shall be contained in the Manual of Design Guidelines is set forth in Section 6-17-2-3 below. SECTION 19: That Subsection 6-17-3 of the City Code is hereby further amended to read as follows: 6-17-3: LANDSCAPE PLAN: All landscape plans shall be prepared, and plant material installed and maintained, in accordance with the Manual of Design Guidelines. Upon application by the owner of the property to the Site Plan and Appearance Design and Project Review Committee through the Zoning Administrator, the Site Plan and Appearance Design and Project Review Committee may waive or modify any landscape requirements upon making a written finding that the strict application of such standard is not practicable in light of the dimensions of the site and the approved plan of development. SECTION 20: That Subsection 6-17-9 of the City Code is hereby further amended to read as follows: 6-17-9: APPEAL: An appeal of any decision of the Site Plan and Appearance Design and Project Review Committee in connection with its implementation of the landscape requirements of this Chapter 17, "Landscaping and Screening," may be made pursuant to Section 4-14-9 of this Code.to the Planning and Development Committee of the City Council within thirty (30) days of the Site Plan and Appearance Review Committee's final decision on the landscape requirements for the site. SECTION 21: That Section 6-18-3 of the City Code is hereby further amended to read as follows: SITE PLAN AND APPEARANCE DESIGN AND PROJECT The committee establishedaddressed by ordinance 31-0-9350-O-14, as amended, 283 of 323 50-O-14 ~25~ REVIEW COMMITTEE (SPARCDAPR): whose major purpose is to review submitted sitedevelopment plans pursuant to the provisions of this Title. (Ord. 43-0- 93) SECTION 22: That Appendix E of Title 6 - Zoning of the City Code, is hereby further amended to read as follows: APPENDIX E SITE PLAN AND APPEARANCEDESIGN AND PROJECT REVIEW ORDINANCE See Title 4, Chapter 14 of this Code. SECTION 23: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 24: 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 25: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 26: 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. 284 of 323 50-O-14 ~26~ Introduced:_________________, 2014 Adopted:___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 285 of 323 DESIGN AND PROJECT REVIEW (DAPR) VOTING MEMBERS STAFF COMMENTS Director of Community Development * Mark Muenzer P&Z Administrator Lorrie Pearson CMO/Economic Development Megan Jones Parks, Rec. & Community Services Jim Ferrera City Engineer Sat Nagar Fire Dept. Mario Tristan Police Dept. Director of Public Works Suzette Robinson Zoning Planner/Officer Melissa Klotz Building Division Manager N/A Forestry Paul D’Agostino Neighborhood and Land Use Planner Damir Latinovic Utilities Dept. Jim Nelson 286 of 323 DESIGN AND PROJECT REVIEW (DAPR) DIRECTOR OF COMMUNITY DEVELOPMENT SIGN OFF (Required to proceed to Board/Commission) Signature: Date: Quorum. A quorum shall consist of Director of Community Development or his/her designee, one other representative from the Department of Community Development, a representative from the Department of Public Works, and a representative from the Department of Parks, Recreation and Community Services, and shall be required in order to conduct any official Committee business. ADVISORY MEMBERS STAFF COMMENTS Traffic Engineer Rajeev Dahal Cultural Arts Coordinator Jennifer Lasik Sustainable Programs Coordinator Catherine Hurley Historic Preservation Coordinator Carlos Ruiz Plan Reviewer Scott Berg Administrative Services Housing and Grants Administrator Sarah Flax Health Dept. Architect or Urban Designer (Evanston Resident) 287 of 323 For City Council meeting of October 27, 2014 Item P5 Ordinance 119-O-14:Special Use for a Type 2 Restaurant, Doc Popcorn, at 1613 Sherman Avenue For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Lorrie Pearson, Planning and Zoning Administrator Melissa Klotz, Zoning Planner Ellen Cholewa, Community Development Intern Subject: Ordinance 119-O-14, Granting a Special Use for a Restaurant-Type 2 at 1613 Sherman Avenue Date: October 2, 2014 Recommended Action The Zoning Board of Appeals and City staff recommend adoption of Ordinance 119-O- 14 granting a special use permit for a Type 2 Restaurant, Doc Popcorn, in the D2 Downtown Retail Core District. The applicant has complied with all other zoning requirements, and meets all of the standards for a special use for this district. This ordinance was introduced at the October 13, 2014 City Council meeting. Summary 1613 Sherman Avenue is located on the east side of Sherman Avenue, between Davis and Church Street, in the D2 Downtown Retail Core District, and is surrounded similar commercial uses. 1613 Sherman Avenue was previously Solay Wellness, a retail store. The applicant proposes to operate Doc Popcorn, a Type 2 Restaurant, featuring freshly popped popcorn, fountain soda drinks, and possibly Dippin’ Dots ice cream. The applicant currently operates a Doc Popcorn within Gurnee Mills Mall. Doc Popcorn intends to operate from 11 a.m. to 9 p.m., seven days a week. The applicant foresees having 1-3 employees present during the weekday hours and 3-5 employees during weekend hours. Employees will likely walk to work or use public transportation. The applicant proposes renting 1-2 parking spaces in Sherman Garage for the owner and possibly one other employee. Doc Popcorn will be equipped with a handicap accessible entrance and washroom. The applicant proposes approximately 10 seats to be available to patrons within the Memorandum 288 of 323 restaurant. No exterior changes to the building are proposed, except signage on the awning. The building is a historic landmark but does not require review by the Preservation Commission since no exterior modifications are proposed. The applicant has agreed to follow the Litter Collection and Garbage Pickup Plans. City staff has not received objections to the use from any neighboring property owners. Neighborhood Benefit This use should not cause a negative cumulative effect on the surrounding neighborhood. The neighborhood will benefit from having a small business that will enhance the downtown, utilize a vacant storefront, and increase pedestrian activity in the area. Comprehensive Plan The Evanston Comprehensive General Plan encourages the utilization of vacant storefronts along existing commercial corridors that can add sales tax revenue and encourage a vibrant downtown. The Comprehensive Plan specifically includes: Objective: Promote the growth and redevelopment of business, commercial, and industrial areas. Objective: Retain and attract businesses in order to strengthen Evanston’s economic base. Doc Popcorn will provide a distinctive restaurant concept in the downtown area that will encourage pedestrian activity and encourage a vibrant downtown. Legislative History September 23, 2014: The ZBA recommended unanimous approval of the special use permit for a Type 2 Restaurant with the following conditions: 1. Must comply with Litter/Garbage Pick-Up Plan 2. Hours of operation: 6 a.m. to midnight, 7 days a week 3. No employees may park on the street Attachments Proposed Ordinance 119-O-14 September 23, 2014 ZBA Draft Meeting Minutes ZBA Findings September 23, 2014 ZBA Packet - http://www.cityofevanston.org/assets/ZBA%20packet%2009.23.14.pdf 289 of 323 9/30/2014 119-O-14 AN ORDINANCE Granting a Special Use Permit for a Type 2 Restaurant Located at 1613 Sherman Avenue in the D2 Downtown Retail Core District (“Doc Popcorn”) WHEREAS, the Zoning Board of Appeals (“ZBA”) met on September 23, 2014, pursuant to proper notice, to consider case no. 14ZMJV-0109, an application filed by Paul Chen, lessee of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 1613 Sherman Avenue (the “Subject Property”) and located in the D2 Downtown Retail Core District, for a Special Use Permit to establish, pursuant to Subsection 6-11-3-4 of the Evanston City Code, 2012, as amended (“the Zoning Ordinance”), a Type 2 Restaurant, “Doc Popcorn,” on the Subject Property; and WHEREAS, the ZBA, after hearing testimony and receiving other evidence, made a written record and written findings that the application for a Special Use Permit for a Type 2 Restaurant met the standards for Special Uses in Section 6-3-5 of the Zoning Ordinance and recommended City Council approval thereof; and WHEREAS, at its meeting of October 13, 2014, the Planning and Development Committee of the City Council (“P&D Committee”) considered the ZBA’s record and findings and recommended the City Council accept the ZBA’s recommendation and approve the application in case no. 14ZMJV-0109; and 290 of 323 119-O-14 ~2~ WHEREAS, at its meetings of October 13, 2014 and October 27, 2014, the City Council considered and adopted the respective records, findings, and recommendations of the ZBA and P&D Committee, as amended, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: The City Council hereby approves the Special Use Permit for a Type 2 Restaurant on the Subject Property as applied for in case no. 14ZMJV- 0109. SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Applicant’s Special Use Permit, violation of any of which shall constitute grounds for penalties or revocation of said Permit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: A. Compliance with Applicable Requirements: The Applicant shall develop and use the Subject Property in substantial compliance with: all applicable legislation; the Applicant’s testimony and representations to the ZBA, the P&D Committee, and the City Council; and the approved plans and documents on file in this case. B. Litter Collection Plan: The Applicant shall implement and adhere to a Litter Collection Plan that requires the policing of an area located within a radius of two hundred fifty feet (250’) of the Subject Property. The Applicant shall police this area at least once every three (3) hours during the hours the Special Use is in operation and shall keep it free of all litter, from any source. For the purpose of this ordinance, “litter” shall include, but is not limited to: food, food waste, and beverages; solid waste, including paper, wrappings, containers, cardboard, napkins, straws, utensils, plates, cans, glass, crockery, cigarette butts, ashes and similar materials; animal waste and dead animals; yard clippings and leaves; and all other waste materials which, if thrown or deposited as herein prohibited, may create a danger to public health, safety, or welfare. 291 of 323 119-O-14 ~3~ C. Hours of Operation: The Applicant shall operate the Type 2 Restaurant authorized by this ordinance only between the hours of 6:00 a.m. and 12:00 midnight on any given day. D. Employee Parking: Employees shall not park on the street during hours of operation. E. Recordation: Before it may operate the Special Use authorized by the terms of this ordinance, the Applicant shall record, at its cost, a certified copy of this ordinance with the Cook County Recorder of Deeds. SECTION 4: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 8: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. 292 of 323 119-O-14 ~4~ Introduced:_________________, 2014 Adopted:___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 293 of 323 119-O-14 ~5~ EXHIBIT A LEGAL DESCRIPTION LOTS 5, 6, 7 AND 11 IN BLOCK 28 IN THE VILLAGE (NOW CITY) OF EVANSTON, IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PINs: 11-18-305-002-0000 COMMONLY KNOWN AS: 1613 Sherman Avenue, Evanston, Illinois. 294 of 323 Page 1 of 4 Zoning Board of Appeals DRAFT NOT APPROVED MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, September 23, 2014 7:00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Matt Rodgers, Violetta Cullen, Myrna Arevalo, Beth McLennan, Mary Beth Berns Members Absent: Andrew Gallimore, Scott Gingold Staff Present: Melissa Klotz, Lorrie Pearson, Mario Treto Chair: Matt Rodgers Declaration of Quorum With a quorum present, Chair Rodgers called the meeting to order at 7:05pm. Approval of Minutes The minutes from the September 9, 2014 Zoning Board of Appeals meeting were motioned for approval with one correction. Ms. Cullen made the motion and it was seconded by Ms. McLennan. The motion was approved 4-0, 1 member abstained. New Business 1840 Oak Street ZBA 14ZMJV-0112 Amy Joffe, property owner, applies for major zoning relief for off-street parking. The applicant requests a parking variance to allow 34 parking spaces where 106 parking spaces are required (Zoning Code Section 6-16-3-5-Table 16-B). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into the record. Ms. McLennan motioned to continue this case to the November 4, 2014 Zoning Board of Appeals meeting. Ms. Cullen seconded the motion and it was approved 5-0. 1613 Sherman Avenue ZBA 14ZMJV-0109 Paul Chen, lessee, applies for a special use permit for a Type 2 Restaurant, Doc Popcorn, at 1613 Sherman Avenue. 1613 Sherman Avenue is located in the D2 Downtown Retail Core District, which requires a special use permit for a Type 2 Restaurant to operate (Zoning Code Section 6-11-3-4). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into the record. Paul Chen, lessee, explained the proposal: • Intend to produce and sell popcorn as a retail establishment • Provide seating for 8-10 customers • Hours of operation: Mon-Fri 10 a.m. to 10 p.m., Weekends 10 a.m. to midnight • 1-2 employees present on weekdays, 3-5 employees present on weekends • Parking in city garage available, if necessary • Agrees to Litter Plan • Currently operates store in Gurnee Mills (~2 years) 295 of 323 Page 2 of 4 Zoning Board of Appeals Ms. Cullen and Ms. Arevalo inquired about deliveries. Mr. Chen explained that deliveries would occur once a week by UPS or FedEx and the dumpster would be emptied twice a week. The ZBA entered into deliberations. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Ms. McLennan motioned to recommend approval of the proposal with the following conditions: • Litter/Garbage Plan. • Employees cannot park on the street. • Hours of operation fall between 6 a.m. and midnight 7 days a week The motion was seconded by Ms. Cullen and approved 5-0. 1118 Colfax Street ZBA 14ZMJV-0110 Corrie Kasprzycki, property owner, applies for major zoning relief to convert a screen porch into habitable space. The applicant requests a 15’ front yard setback where 27’ is required (Zoning Code Section 6-8-2-8-A-1). The Zoning Board of Appeals is the determining body for this case. Ms. Klotz read the case into the record. Corrie Kasprzycki, property owner, explained the proposal: • The house was built in 1922 • House purchased in 2008 • Need more habitable space since family has expanded • Replace screens with windows and add heat • Building footprint will remain the same Chair Rodgers asked how the applicant enters her home. Ms. Kasprzycki said that she enters her house at the side entrance. She then submitted a letter of support from her neighbors with ~18 signatures. Chair Rodgers then inquired as to what was the average setback on the block. The applicant said that the neighbor to the west of her house has the same setback with an open porch and the house on the other side is setback a bit more. The ZBA entered into deliberations. Chair Rodgers expressed concerns about when cases like this are granted, the property owner may come back to ask to add a new porch. Ms. Mclennan noted that this is a very deep lot. Ms. Berns stated that most of the block is in line with the 27’ setback. The approval of this project will change the character of this block. She went on to say that it was only a matter of time before they want to build a front porch even closer to the front lot line and want to add a second story addition above this habitable space. 296 of 323 Page 3 of 4 Zoning Board of Appeals The Standards were addressed: 1. Yes No- Ms. Berns 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes Ms. McLennan motioned to recommend approval of the proposal with the following conditions: • The project must be in substantial compliance of the documents and testimony on record. The motion was seconded by Ms. Arevalo and approved 4-1. 1909 – 1911 Howard Street ZBA 14ZMJV-0111 Joy Shumate, lessee, applies for a special use permit for a Daycare Center – Child, A Step By Step Learning Academy, Inc., at 1909-1911 Howard Street. 1909-1911 Howard Street is located in the C1, Commercial District, which requires a special use permit for a Daycare Center – Child to operate (Zoning Code Section 6-10-2-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Joy Shumate, lessee, explained the proposal: • Caters to 6 weeks old to 3 year old children • Applicant currently operates home daycare at 2122 Dobson Street • There will be 28 children total (currently have 10 in home daycare) Chair Rodgers noted that there were other adjoining businesses on the property and asked what the proposed space was currently being purposed as. Ms. Shumate responded that it takes up two spaces and is currently vacant. She anticipates hiring 5 employees and hours of operation will take place between 6:30 a.m. and 6:30 p.m. Chair Rodgers then asked about the parking situation. Ms. Shumate said that most employees will be using public transit, but she will also lease 7-8 spaces behind the building as well. Public parking is also available down the street. Ms. Shumate clarified that hours of operation will never exceed 7 p.m. because any child left that late would require a DCFS contact. Ms. McLennan asked how many families had multiple children being cared for at the daycare. Ms. Shumate said there were three families with multiple children in her care, so 28 vehicles would not be trying to drop off their children at the daycare. Chair Rodgers asked if city staff had any concerns about vehicles turning out of the alley. Ms. Klotz said that Public Works did not note any concerns at the SPAARC meeting. Ms. Arevalo inquired as to where drop-offs would be taking place. Ms. Shumate said that drop- offs would occur in the back parking lot; adjacent to the alley. Ms. McLennan asked if drop-offs would be staggered time-wise. Ms. Shumate said she anticipates a lot of the drop-offs occurring on the earlier side, but there should be a decent amount of drop-offs later in the morning as well. 297 of 323 Page 4 of 4 Zoning Board of Appeals Ms. McLennan asked when the other businesses in the vicinity closed. Ms. Shumate responded that the Vet center usually closes at 4 p.m. Ms. McLennan then asked how long the applicant had been operating her business, to which Ms. Shumate replied, 3 years. The ZBA entered into deliberations. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Ms. Klotz noted that Standards 1 & 9 will be found compliant per the proposed text amendment that is currently in process. Ms. Cullen motioned to recommend approval of the proposal with the following conditions: • Employees cannot park on the street. • Hours of operation: 6 a.m. to 9 p.m. The motion was seconded by Ms. McLennan and approved 5-0. Ms. Klotz noted that the ZBA rule changes will be proposed in October. The meeting adjourned at 8:00 p.m. 298 of 323 P LANNING AND Z ONING D IVISION 847-866-2930 zoning@cityofevanston.org Community Development Department 847-448-8126 www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3700 Evanston, IL 60201 FF II NN DD II NN GG SS FOR STANDARDS OF SS PP EE CC II AA LL UU SS EE PP EE RR MM II TT SS In the case of After conducting a public hearing on September 23, 2014, the Zoning Board of Appeals makes the following findings of fact, reflected in the audio-visual recording of the hearings, based upon the standards for special uses specified in Section 6-11-3-4 of the Zoning Ordinance: Standard Finding (A) It is one of the special uses specifically listed in the zoning ordinance; ___X__Met _____Not Met Vote 5-0 (B) It is in keeping with purposes and policies of the adopted comprehensive general plan and the zoning ordinance as amended from time to time; ___X___Met _____Not Met Vote 5-0 (C) It will not cause a negative cumulative effect, when its effect is considered in conjunction with the cumulative effect of various special uses of all types on the immediate neighborhood and the effect of the proposed type of special use upon the city as a whole; ___X___Met _____Not Met Vote 5-0 (D) It does not interfere with or diminish the value of property in the neighborhood; ___X___Met _____Not Met Vote 5-0 Case Number: 14ZMJV-0109 Address or Location: 1613 Sherman Avenue Applicant: Paul Chen Proposed Special Use: Restaurant-Type 2, Doc Popcorn, in D2 District 299 of 323 P LANNING AND Z ONING D IVISION 847-866-2930 zoning@cityofevanston.org Community Development Department 847-448-8126 www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3700 Evanston, IL 60201 (E) It can be adequately served by public facilities and services ___X___Met _____Not Met Vote 5-0 (F) It does not cause undue traffic congestion; ___X___Met _____Not Met Vote 5-0 (G) It preserves significant historical and architectural resources; ___X___Met _____Not Met Vote 5-0 (H) It preserves significant natural and environmental features; and ___X___Met _____Not Met Vote 5-0 (I) It complies with all other applicable regulations of the district in which it is located and other applicable ordinances, except to the extent such regulations have been modified through the planned development process or the grant of a variation. ___X___Met _____Not Met Vote 5-0 and, based upon these findings, and upon a vote __5__ in favor & __0__ against Recommends to the City Council _____ approval without conditions __x__ approval with conditions specifically: 1. The restaurant must abide by Litter Collection and Pick-Up Plan 2. Employees are not to park on the street 3. Hours of operation fall between 6 a.m. and 7 p.m., 7 days a week _____ denial of the proposed special use. __________________________________________ Date: _____________ Matt Rodgers Zoning Board of Appeals Chair 300 of 323 P LANNING AND Z ONING D IVISION 847-866-2930 zoning@cityofevanston.org Community Development Department 847-448-8126 www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3700 Evanston, IL 60201 Attending: Vote: Aye No ___X__ Mary Beth Berns __X__ ____ ___X___ Myrna Arevalo __X__ ____ _______ Scott Gingold _____ ____ ___X___ Beth McLennan __X__ ____ ___X___ Matt Rodgers __X__ ____ ___X___ Violetta Cullen __X__ ____ _______ Andrew Gallimore _____ ____ 301 of 323 For City Council meeting of October 27, 2014 Item P6 Ordinance 110-O-14: Text Amendment Daycare Centers – Child and Adult For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Department Lorrie Pearson, Planning and Zoning Administrator Damir Latinovic, Neighborhood and Land Use Planner Subject: Ordinance 110-O-14 Zoning Ordinance Text Amendment Daycare Centers – Child & Daycare Centers – Adult in C1 and C2 Districts 14PLND-0106 Date: September 30, 2014 Recommended Action: Staff recommends adoption of Ordinance 110-O-14 to allow Daycare Center – Child and Daycare Center – Adult as Special Uses in C1 and C2 Commercial Districts. This ordinance was introduced at the October 13, 2014 City Council meeting. Summary On June 23, 2014 staff received an application for a daycare center for children to be located at 1909-1911 Howard Street, which is zoned C1-Commercial. Daycare centers for children are not currently allowed as Permitted or Special Uses in the C1 District. Daycare Center – Child is allowed as a Special Use in all residential, business and downtown areas including the C1a District but is not allowed in C1 and C2 Districts. Daycare Center – Adult is allowed in similar fashion including as a Special Use in the C1a District but not in C1 and C2 Districts. Both C1 and C2 districts allow Daycare center – Domestic animal (such as doggy daycare facilities) as a Special Use, but do not allow daycare centers for children or adults. The C1-Commercial District is intended to provide appropriate locations for contemporary shopping areas. Shopping centers and commercial strips are characterized by large parking areas and multiple tenants are encouraged. The Dempster/Dodge shopping area and Target/Best Buy shopping center on Howard Street are typical examples of C1 districts, but smaller C1 districts are found throughout the City. The C2-Commercial District is intended to provide suitable locations for general business and commercial activities including automobile vehicle sales and services and other similar establishments that due to their nature may have larger impacts on Memorandum 302 of 323 surrounding properties. As a result, C2 areas are concentrated along railroad lines or heavily travelled commercial arterial roadways such as Green Bay Road. Based on the typical layout and operation of daycare centers (child or adult), C1 and C2 districts are equally suitable, if not more appropriate, to accommodate daycare centers when compared to the C1a district which is located along Chicago Avenue between South Boulevard and Lee Street. Adequate parking and pick-up/drop-off areas are necessary for daycare centers, and properties in C1 and C2 Districts typically have large parking areas where drop-off areas can be designed or parking spaces can be devoted to short term pick-up/drop-off use. Those properties also tend to be larger and may accommodate outside play areas for children. Allowing daycare centers for children or adults in all commercial districts will increase the amount of commercial space eligible for such uses. This is particularly important considering that Evanston is a popular destination for young families and the need for adult daycare centers will increase with the aging baby boomer population. The proposed zoning regulations for Daycare Center -- Child and Daycare Center – Adult are summarized in the table below: Current Regulations Proposed Regulations Daycare Center – Child Permitted Use in: RP No Change Special Use in: R1, R2, R3, R4, R4a, R5, R6, C1a, B1, B1a, B2, B3, D1, D2, D3, D4, O1, T2, U1, U1a, oH Add as a Special Use: in C1 and C2 Daycare Center - Adult Permitted Use in: RP No Change Special Use: R1, R2, R3, R4, R4a, R5, R6, C1a, B1, B1a, B2, B3, D1, D3, D4, O1, T2, U1, U1a, oH Add as a Special Use: in C1 and C2 Both uses are not permitted in all M, all I, U2, U3 and T1 districts. Daycare Center – Adult is not allowed in the D2 District. Additionally, all Daycare Centers – Child are subject to the general requirements of Section 6-4-2 “Child Day Care Homes”, while all Daycare Centers – Adult are subject to the general requirements of Section 6-4-3. Both sections require that all daycare centers apply for and obtain a license from the City Department of Health and Human Services. Staff’s proposal will also include the same requirement that the uses must continue to comply with Sections 6-4-2 or 6-4-3 respectively. Legislative History September 10, 2014 – The Plan Commission unanimously forwarded a positive recommendation to the City Council. Attachments Proposed Ordinance 110-O-14 Plan Commission Minutes 09/10/2014 – DRAFT Plan Commission Packet 09/10/2014 303 of 323 9/2/2014 110-O-14 AN ORDINANCE Amending Portions of the Zoning Ordinance to Include “Daycare Center–Child” and “Daycare Center–Adult” as Special Uses in the C1 and C2 Commercial Districts WHEREAS, on September 10, 2014, the Plan Commission held a public hearing, pursuant to proper notice, regarding case no. 14PLND-0106 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 addition of the Special Uses known as “Daycare Center–Child” and “Daycare Center–Adult” to the C1 and C2 Commercial Districts; and WHEREAS, the Plan Commission received testimony and made written findings pursuant to Section 6-3-4-5 of the Zoning Ordinance that the proposed amendments met the standards for text amendments, and recommended City Council approval thereof; and WHEREAS, at its meeting of October 13, 2014, the Planning and Development Committee of the City Council considered and adopted the findings and recommendation of the Plan Commission in case no. 14PLND-0106 and recommended City Council approval thereof; and WHEREAS, at its meetings of October 13, 2014 and October 27, 2014, the City Council considered and adopted the records and recommendations of the Plan Commission and the Planning and Development Committee, 304 of 323 110-O-14 ~2~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: Subsection 6-10-2-3 of the Zoning Ordinance, “Special Uses” in the C1 District, is hereby amended to include “Daycare Center–Child (subject to the general requirements of Section 6-4-2 of this Title)” and “Daycare Center–Adult (subject to the general requirements of Section 6-4-3 of this Title).” SECTION 3: Subsection 6-10-4-3 of the Zoning Ordinance, “Special Uses” in the C2 District, is hereby amended to include “Daycare Center–Child (subject to the general requirements of Section 6-4-2 of this Title)” and “Daycare Center–Adult (subject to the general requirements of Section 6-4-3 of this Title).” SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. 305 of 323 110-O-14 ~3~ SECTION 7: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2014 Adopted:___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 306 of 323 DRAFT Page 1 of 3 Plan Commission Minutes 09/10/2014 MEETING MINUTES PLAN COMMISSION Wednesday, September 10, 2014 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Room 2404 Members Present: Scott Peters (Chair), Jim Ford, Terri Dubin, Carol Goddard, Lenny Asaro, Richard Shure, Colby Lewis, Andrew Pigozzi Members Absent: Kwesi Steele, Associate Members Present: None Associate Members Absent: David Galloway, Seth Freeman, Stuart Opdycke, Staff Present: Damir Latinovic, Neighborhood and Land Use Planner Lorrie Pearson, Planning and Zoning Administrator Mario Treto, Assistant City Attorney Presiding Member: Scott Peters, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM Chairman Peters called the meeting to order at 7:00 P.M and explained the general meeting procedure, schedule, agenda items, time limits on public testimony and opportunities for cross examination of witnesses. Chairman Peters concluded the opening statement by saying that the Plan Commission forwards a recommendation to the City Council which makes the final determination on any matters discussed by the Plan Commission. … A. TEXT AMENDMENT TO THE ZONING ORDINANCE 14PLND-0106 Daycare Center-Child and Daycare Center-Adult in C1 and C2 Districts Specifically consider a text amendment, pursuant to City Code Title 6 – Zoning, regarding § 6-10-2-3 Special Uses in C1 Commercial District and § 6-10-4-3, Special Uses in C2 Commercial District, to add Daycare Center – Adult (subject to the general requirements of Section 6-4-3 of this Title) and Daycare Center – Child (subject to the general requirements of Section 6-4-2 of this Title). Mr. Latinovic summarized the staff report. Staff believes the proposal meets the standards of approval and recommends that Daycare Centers for children and adults be added as a special use to C1 and C2 commercial districts. 307 of 323 DRAFT Page 2 of 3 Plan Commission Minutes 09/10/2014 Commissioner Shure asked about the notice requirement for shopping centers. Mr. Latinovic stated that only the owner of the shopping center (tax payer of record) is notified by mail, but a sign is also installed on the property in question. Upon a question, Chairman Peters stated that the Rules Committee can review notice requirements and see if it would be feasible to notify tenants/renters and not only tax payers of record. Mr. Latinovic stated that staff also notifies merchant associations via email. Commissioner Asaro asked about a clarification regarding day care centers in Research Park district to which Mr. Latinovic stated that the proposal is only for C1 and C2 districts. Upon a question by Commissioner Pigozzi about the outdoor space, Mr. Latinovic stated State of Illinois regulates and license such facilities and there are requirements for outdoor play areas. Discussion followed on specific space needs for daycare centers and why they are allowed by right in the Research Park district and different regulations that affect the D2 district. Commissioner Ford stated this proposal makes him a little uneasy because there are no specific requirements for outdoor space. Commissioner Dubin stated that daycare centers are often a necessity and not a luxury and requiring all of them to have outdoor space may not be possible. Discussion followed on what requirements could be added during the Special Use review process. With no further discussion Commissioner Asaro made a motion to approve the proposed text amendment. Commissioner Shure seconded the motion. The motion was approved by a voice call 8-0. Mr. Latinovic reminded everyone there will be a Zoning Committee meeting next week on September 17, 2014. He also reminded the commissioners about the APA-IL Conference to be held in Evanston Oct 1-3 and asked any member of the Commission interested in attending to let him know. He would register the Commissioners with cost of attendance for the Oct. 2 Plan Commission track covered by the City. 2. ADJOURNMENT There being no further discussion, Commissioner Godard made a motion to adjourn the meeting. Commissioner Asaro seconded the motion. A voice vote was taken and the motion was approved by voice call 8-0. The meeting was adjourned at 7:26 pm. 308 of 323 DRAFT Page 3 of 3 Plan Commission Minutes 09/10/2014 Respectfully Submitted, Damir Latinovic Neighborhood and Land Use Planner Community Development Department 309 of 323 Plan Commission CASE # 14PLND-0106 Zoning Ordinance Text Amendment Daycare Center - Child and Daycare Center - Adult in C1and C2 Districts 310 of 323 Page 1 of 3 To: Chair and Members of the Plan Commission From: Mark Muenzer, Community Development Director Lorrie Pearson, Planning and Zoning Administrator Damir Latinovic, Neighborhood and Land Use Planner Subject: Zoning Ordinance Text Amendment Daycare Center – Child & Daycare Center – Adult in C1 and C2 Districts 14PLND-0106 Date: September 4, 2014 Request Staff recommends adding Daycare Center – Child and Daycare Center – Adult as Special Use in C1- and C2- Commercial Districts. Notice The Application has been filed in conformance with applicable procedural and public notice requirements. Analysis On June 23, 2014 staff received an application for a daycare center for children to be located at 1909-1911 Howard Street. The property, commonly known as 1909-1911 Howard Street, is zoned C1-Commercial. Daycare centers for children are not currently allowed as Permitted or Special Uses in the C1 District. Upon further investigation, staff found that a Daycare Center – Child is allowed as a Special Use in the C1a District but not in C1 and C2 Districts. The same is the case for Daycare Center – Adult, which is allowed as a Special Use in the C1a District but not in C1 and C2 Districts. In fact, Daycare Center – Child and Daycare Center – Adult are allowed in the same manner either as Permitted Use or Special Use across all zoning districts, except in the D2-Downtown Transition District where the Daycare Center – Child is allowed as a Special Use but Daycare Center – Adult is not permitted at all. The table below summarizes the existing and proposed zoning regulations for Daycare Centers- Child and Daycare Center - Adult: Memorandum 311 of 323 Page 2 of 3 Current Regulations Proposed Regulations Daycare Center – Child Permitted Use in: RP Special Use in: R1, R2, R3, R4, R4a, R5, R6, C1a, B1, B1a, B2, B3, D1, D2, D3, D4, O1, T2, U1, U1a, oH Special Use: in C1 and C2 Daycare Center - Adult Permitted Use in: RP Special Use: R1, R2, R3, R4, R4a, R5, R6, C1a, B1, B1a, B2, B3, D1, D3, D4, O1, T2, U1, U1a, oH Special Use: in C1 and C2 Both uses are not permitted in all M, all I, U2, U3 and T1 districts. Daycare Center – Adult is not allowed in the D2 District. Additionally, all Daycare Centers – Child are subject to the general requirements of Section 6-4-2 “Child Day Care Homes”, while all Daycare Centers – Adult are subject to the general requirements of Section 6-4-3. Both sections require that all daycare centers apply for and obtain a license from the City Department of Health and Human Services. Staff’s proposal to allow Daycare Centers – Child and Daycare Centers – Adult as Special Use in C1 and C2 Districts will also include the same requirement that the uses must comply with Sections 6-4-2 or 6-4-3 respectively. Per the Zoning Ordinance, the C1-Commercial District is intended to provide appropriate locations for contemporary shopping developments. Uses such as commercial strips and shopping centers characterized by large parking areas and multiple tenants are encouraged. Dempster/Dodge shopping area and Target/Best Buy shopping center on Howard Street are typical examples of C1 districts, but smaller C1 districts are found throughout the City. The C2-Commercial District is intended to provide suitable locations for general business and commercial activities including automobile vehicle sales and services and other similar establishments that due to their nature may have larger impacts on surrounding properties. As a result, C2 areas are concentrated along railroad lines or heavily travelled commercial arterial roadways such as Green Bay Road north of Central Street. There is only one C1a-Commercial District in the City located along Chicago Avenue between South Boulevard and Lee Street. The intent of the C1a district is to allow development of multiple family residential buildings or mixed use buildings consisting of retail and office uses on the ground level and office uses and/or residential dwellings located above. Higher FAR and height allowances are permitted within the C1a district. Based on the locations of the commercial districts and the typical layout and operation of daycare centers (child or adult), staff believes C1 and C2 districts are equally suitable if not more appropriate to accommodate daycare centers when compared to the C1a district. Due to the nature of the business operation, adequate parking and pick-up/drop- off areas are very important for daycare centers. Properties and shopping centers in C1 and C2 Districts along busy arterials typically do have large parking areas where drop- 312 of 323 Page 3 of 3 off areas can be designed or parking spaces can be devoted to short term pick-up/drop- off use. Those properties also tend to be larger and may accommodate outside play areas for children. Allowing daycare centers for children or adults in all commercial districts will increase the amount of commercial space eligible for such uses. This is particularly important considering that Evanston is a popular destination for young families and millennials. It is also important to recognize the need for adult daycare centers will increase with the aging baby boomer population. It is worth noting that both C1 and C2 districts allow Daycare center – Domestic animal (such as doggy daycare facilities) as a Special Use, but do not allow daycare centers for children or adults. It is fair to assume that a daycare center for children or adults would likely cause less negative impact to the surrounding uses than a use such as doggy daycare. Standards of Approval The proposed Zoning Ordinance Text Amendment to allow Daycare Centers – Child and Daycare Centers – Adult as Special Uses in C1 and C2 Districts meets the standards for approval of amendments outlined in Section 6-3-4-5 of the City Code. The proposal is consistent with the Comprehensive General Plan. The proposal will increase the number of potential commercial properties where daycare centers for children or adults could locate which is consistent with the goal of the Plan to maintain a diverse range of businesses and commercial areas. Daycare centers for children or adults are compatible with other uses and businesses typically found within shopping centers along busy arterials where C1 and C2 districts are located. The proposal will not have a negative effect on property values in C1 and C2 districts. In fact, the proposed text amendment increases the number of potential businesses that could locate in C1 and C2 areas which may result in lower vacancy rates and have a positive effect on property values in their immediate vicinities. By allowing the uses as Special Use, any application for a daycare center must be reviewed by the Plan Commission and is approved by the City Council whereby staff assures adequate public facilities and services exist for the proposed use. Recommendation Based on the analysis above, staff believes the proposed text amendment to allow Daycare Center – Child and Daycare Center – Adult as Special Uses in C1 and C2 districts is appropriate and meets the standards of approval. Staff recommends the Plan Commission make a positive recommendation to the City Council regarding the proposed Zoning Ordinance Text Amendment. Attachments Ordinance 110-O-14 Map of C1, C1a and C2 Commercial Districts Section 6-4-2 Child Daycare Homes Section 6-4-3 Adult Daycare Homes 313 of 323 Ridge AveDobsonSt Simpson S t South Blvd Colfax St Milburn St St e w a r t Av e Elgin R d Pr a i r i e A v e G r e e n B a y R d Central St Sheridan RdDewey AveDavis StLemarAve Clark St Isabella St McCormick BlvdIsabella St BroadwayAveOakton St Lake St Emerson St Pr a i r i e A v e Main St Maple AveMulford St OrringtonAveUniversity Pl Brummel StHurd AveJacksonAveBryantAveJudson AveAsbury AveEwing AveShermanAveMadison StMonroeSt Park Pl Harrison St Keeney St Howard St Thayer St Crain St Wilder StAshland AveSeward St Austin St Cleveland StDewey AveNoyes StPioneerRd Lyons St Ashland AveBennettAveMulford StHarvard TerPrinceton AveAshland AveMcDanielAveWesley AveProspect AveHarrison St Crain St Hartrey AveDewey AveSimpson St Ingleside Pl Foster StNoyesCt Pitner AveWesleyAveWesley AveGrey AveGrey AveGrey AveCallan AvePark Pl Crain St Hartzell St RoslynPl Dobson St Otto Ln Grey AveClark St Brummel StEwing AveReese AveKirk St Wesley AveAshland AveSeward StFosterStDarrow AveReba Pl Clinton Pl Central St Thayer St Cowper AveHastings AveCase StBrown AveMarcy AveLawndale AveRidgeway AveMichiganAveBrown AveBrown AveRidgeCtGreyAveHurdAvePrattCtKnoxCir BrummelPl Mu lford St Hinman AveHartrey AveRidge AvePitnerAveMaple AveMaple AveMcDanielAveElmwood AveHartreyAveSherman AveFowler AveSh e r i d a nRdHartrey AveSheridan RdCrawford AveChicagoAveOrrington AveJudsonAveElmAveForest AveP o p l a r A v e Custer AveCentralParkAveAsbury AveSheridanRd McDaniel AveAsbury AveEastwood AveDewey AveBarton AveWesleyAveLincolnwood DrForest AveBrown AveMichiganAveFlorence AveAshland AveBryantAveLakeShoreBlvdCampusDrGrey AveLeland AveE a s t R a i l r o a d A v e Darrow AveTech DrDarrowAveGrey AveGirardAveC2 C1 C1 C1 C2 C2C2 C1C2C2 C1C2 C1 C1 C1a C2 C1 C1 C1C1 C2 C2 C1 C2 0 1,500 3,000750Feet ¯Commercial Zoning Districts C1, C1a and C2314 of 323 315 of 323 316 of 323 For City Council meeting of October 27, 2014 Item H1 Business of the City Amending the City Code Subsection 3-14-6 For Action To: Honorable Mayor and Members of the City Council Human Services Committee From: Evonda Thomas-Smith, Director, Department Health and Human Services Subject: Amending the City Code Subsection 3-14-6, to increase the age of sale and purchase of Tobacco or Liquid Nicotine products from eighteen (18) years of age to twenty-one (21) years of age Date: October 15, 2014 Recommended Action: Human Services Committee and staff recommend City Council adoption of Ordinance 111-O-14 amending City Code subsection 3-14-6, to increase the age of sale and purchase of Tobacco or Liquid Nicotine products from eighteen (18) years of age to twenty-one (21) years of age. This ordinance was introduced with amendments at the October 13, 2014 City Council meeting. Funding Source: N/A. Summary: Tobacco use remains a leading cause of preventable premature death in the United States, killing nearly half a million Americans and costing the nation almost $200 billion in healthcare expenses and lost productivity each year. Tobacco use also increases the risks of lung cancer, heart disease, stroke, asthma, emphysema, pre-term delivery, low birth weight, and many other types of cancers. Most smokers start using tobacco products as youth or young adults. Ninety-five percent of all adult smokers started smoking before they turned twenty-one years old. There is strong evidence that people who begin smoking at an early age are more likely to develop a severe addiction to nicotine. The transition from experimental to regular smoking typically occurs around twenty years old. Raising the legal sales age for cigarettes and tobacco products will reduce access to both products in stores among young adults, between eighteen and twenty years old, and among youth who are younger than eighteen. City staff recommends amending City Code subsection 3-14-6 to increase the age of sale and purchase of Tobacco or Liquid Nicotine products from eighteen (18) years of age to twenty-one (21) years of age. Memorandum 317 of 323 Legislative History: On October 13, 2014, Council requested amendments to the original proposed Ordinance 111-O-14 to continue to permit the use or possession of tobacco for individuals between the ages of eighteen (18) and twenty-one (21). The Ordinance reflects this amendment. Attachments: Ordinance 111-0-14: Amending City Code Subsection 3-14-6 318 of 323 10/15/2014 111-O-14 AN ORDINANCE Amending City Code Subsection 3-14-6, to Increase the Age of Sale and Purchase of Tobacco or Liquid Nicotine Products from Eighteen (18) Years of Age to Twenty-One (21) Years of Age NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: Legislative Statement. At the time of passage of this Ordinance, tobacco use remains a leading cause of preventable premature death in the United States, killing nearly half a million Americans and costing the nation almost $200 billion in healthcare expenses and lost productivity each year. Tobacco use also increases the risks of lung cancer, heart disease, stroke, asthma, emphysema, pre-term delivery, low birth weight, and many other types of cancer. Furthermore, cigarettes are the only consumer products that, when used exactly as intended, kill up to one-third of regular users. Most smokers start using tobacco as youth or young adults. Ninety-five percent of all adult smokers started smoking before they turned twenty-one years old. Additionally, there is strong evidence that people who begin smoking at an early age are more likely to develop a severe addiction to nicotine than those who start at a later age. The transition from experimental to regular smoking typically occurs around twenty years old. Most people who are not smokers by twenty-one years of age do not start smoking later in their lives. Raising the legal sales age for cigarettes and tobacco products will reduce access to both products in stores among young adults, between eighteen and twenty 319 of 323 111-O-14 ~2~ years old, and among youth who are younger than eighteen. Raising the sales age will reduce access to cigarettes and tobacco products by youth because youth often acquire such products from older friends: 90 percent of people purchasing cigarettes for minors are between eighteen and twenty years old. Other jurisdictions that have increased the minimum sales age for cigarettes and tobacco products have seen decreases in tobacco use among youth. In 2005, Needham, Massachusetts increased the legal sales age from eighteen to twenty-one years. Between 2006 and 2012, the percentage of high school students in Needham who reported smoking declined from 12.9 percent to 5.5 percent, a decrease of over fifty percent. In 2007, England increased the minimum sales age from sixteen to eighteen years. By 2009, there was a thirty percent decline in smoking among youth between the ages of sixteen and seventeen, and younger students between the ages of eleven and fifteen were one-third less likely to be regular smokers than they had been previously. The City of Evanston has continuously been a public health leader in various aspects. In 2005, the City of Evanston was one of the first communities to ban smoking in public places. This step contributed to the City of Chicago and the State of Illinois eventually becoming smoke-free. Recently, Evanston led the way in Illinois by restricting the sale and use of e-cigarettes in the same fashion as traditional tobacco products in 2013. Article VII, Section (6)a of the Illinois Constitution of 1970, which states that the “powers and functions of home rule units shall be construed liberally,” was written “with the intention that home rule units be given the broadest powers possible” (Scadron v. 320 of 323 111-O-14 ~3~ City of Des Plaines, 153 Ill.2d 164). Pursuant to 65 ILCS 5/1-2-1, the City may make all rules and regulations to carry into effect the powers granted to the City, such broad and general grant of authority complementing the City’s home rule powers. At meetings held in compliance with the provisions of the Illinois Open Meetings Act (5 ILCS 120/1 et seq.), the City Council considered this Ordinance, heard public comment, and made findings. It is well-settled law in Illinois that the legislative judgment of the City Council must be considered presumptively valid (see Glenview State Bank v. Village of Deerfield, 213 Ill.App.3d 747(1991)) and is not subject to courtroom fact-finding (see National Paint & Coating Ass’n v. City of Chicago, 45 F.3d 1124 (1995)). The City Council therefore finds that establishing a minimum sales age of twenty- one for cigarettes, tobacco products, and electronic cigarettes will reduce smoking, tobacco, and electronic cigarette use among youth and young adults, and decrease the likelihood that members of this cohort will become smokers or electronic cigarette users later in life. This increase in the minimum sales age will also reduce high school students’ opportunities to access tobacco or electronic cigarettes from legal buyers. Finally, raising the minimum sales age will augment existing tobacco prevention and control programs and improve the general health of Evanston residents. SECTION 2: That Subsection 3-14-6 of the Evanston City Code of 2012, “Prohibitions Regarding Minors,” as amended, is hereby further amended to read as follows: 3-14-6: Prohibitions Regarding Minors It shall be unlawful: (A) Sales To. For any person, including any licensee, to sell, offer for sale, give away or deliver tobacco or liquid nicotine products to any person under the age of 321 of 323 111-O-14 ~4~ eighteen (18) twenty-one (21) years. Signs informing the public of the age restrictions provided for herein shall be posted by every licensee at or near every display of tobacco or liquid nicotine products and on or upon every vending machine which offers tobacco products for sale. Each such sign shall be plainly visible and shall state: THE SALE OF TOBACCO PRODUCTS OR LIQUID NICOTINE PRODUCTS TO PERSONS UNDER EIGHTEEN TWENTY-ONE YEARS OF AGE IS PROHIBITED BY LAW The text of such signs shall be in red letters on a white background; said letters to be at least one (1) inch high. (B) Sale By. For any licensee or any officer, associate, member, representative, agent or employee of such licensee, to engage, employ or permit any person under eighteen (18) twenty-one (21) years of age to sell tobacco products in any licensed premises. (C) Purchase. For any person under the age of eighteen (18) twenty-one (21) years to purchase tobacco or liquid nicotine products or to misrepresent his/her identity or age or to use any false or altered identification for the purpose of purchasing tobacco or liquid nicotine products. (D) Possession. For any person under the age of eighteen (18) years to possess any tobacco or liquid nicotine products; provided, that the possession by a person under the age of eighteen (18) years under the direct supervision of the parent or guardian of such person in the privacy of the parent's or guardian's home shall not be prohibited. (E) Penalties Generally. Any person violating Subsection (A) or (B) of this Section shall be fined not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. In addition to any other penalty, a licensee convicted of violating any provision of this Section may be subject to having his/her license revoked, suspended or not renewed by the Health Director. SECTION 3: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statues and the courts of the State of Illinois. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby 322 of 323 111-O-14 ~5~ repealed. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 6: 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: _______________, 2014 Adopted: _________________, 2014 Approved: ___________________________, 2014 ________________________________ Elizabeth B. Tisdahl, Mayor Attest: ______________________________ Rodney Greene, City Clerk Approved as to form: ________________________________ W. Grant Farrar, Corporation Counsel 323 of 323