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HomeMy WebLinkAbout11.24.14 Packet CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, November 24, 2014 Administration & Public Works (A&PW) Committee meets at 6 p.m. Planning & Development (P&D) Committee meeting 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 Wynne (II) Mayor Public Announcements (III) City Manager Public Announcements Holiday Tree Lighting, November 29, 2014 Shop Local: Small Business Saturday, November 29, 2014 Holiday Trash Collections (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) Consent Agenda: Alderman Rainey (VII) Report of the Standing Committees Administration & Public Works - Alderman Holmes Planning & Development - Alderman Fiske Human Services - Alderman Burrus 1 of 357 City Council Agenda November 24, 2014 Page 2 of 7 (VIII) Call of the Wards (Aldermen shall be called upon by the Mayor to announce or provide information about any Ward or City matter which an Alderman desires to bring before the Council.) {Council Rule 2.1(10)} (IX) Executive Session (X) Adjournment CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting of November 10, 2014 For Action ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through November 2, 2014 $2,645,921.30 (A2) City of Evanston Bills – November 25, 2014 $2,878,029.39 For Action (A3.1) Approval of Contract with A. Lamp Concrete Contractors Inc. for the Civic Center Sustainable Parking Lot Reconstruction (Bid 14-60) Staff recommends the City Council authorize the City Manager to execute a contract awarding the Civic Center Sustainable Parking Lot reconstruction contract to A. Lamp Concrete Contractors Inc. (1900 Wright Blvd., Schaumburg, IL) in the amount of $1,400,000. Funding is provided by: a Metropolitan Water Reclamation District (MWRD) Grant of $750,000 and by $650,000 from the Parking Fund. For Action (A3.2) Approval of Purchase of Insurance/Renewals– Property, Excess Liability & Excess Worker’s Compensation for Fiscal Year 2015 Staff recommends City Council approval to purchase the outlined insurance policies at a total cost of $552,224, which will renew all insurance coverage for the City for Fiscal Year 2015. Funding is provided by the Insurance Fund FY2015 budget of 610,000, Accounts 7800.62615 and 7800.66044. For Action 2 of 357 City Council Agenda November 24, 2014 Page 3 of 7 (A3.3) Approval of Contracts for Water Treatment Chemicals for Purchase in FY 2015 (Bid 14-62) Staff recommends that City Council authorize the City Manager to execute contracts with the following vendors to supply water treatment chemicals for FY2015: 1) USALCO (1120 Middle River Road, Baltimore, MD) in the amount of $192,330.40 to supply aluminum sulfate (alum); 2) JCI Jones (1765 Ringling Blvd., Sarasota, FL) in the amount of $35,292 to supply chlorine; 3) Key Chemical Inc. (9503 Dovewood Place, Waxhaw, NC) in the amount of $133,011 to supply HFS acid (fluoride); 4) Polydyne Inc. (One Chemical Plant Road, Riceboro, GA) in the amount of $23,120 to supply polymer; and 5) Carus Corporation (315 Fifth Street, Peru, IL) in the amount of $93,525 to supply blended phosphate. The total of these proposed purchases is $477,278.40. Funding is provided by Water Fund Business Unit 7110. For Action (A3.4) Approval of Financial Assistance through the Façade Improvement Program for Bangers and Lace Staff recommends approval of financial assistance for a façade improvement project for Bangers and Lace, a new restaurant and tavern, located at 810 Grove Street, on a 50/50 cost sharing basis in an amount not to exceed $10,500. Funding is provided by the Economic Development Fund’s Business District Improvement Fund (5300.65522). For Action (A3.5) Approval of Service Agreement for the 2014 Certificate of Rehabilitation Program with the James B. Moran Center for Youth Advocacy Staff recommends that City Council authorize the City manager to execute a renewal of an agreement between the City of Evanston and the James B. Moran Center for Youth Advocacy (1123 Emerson, Suite 203 Evanston, IL) to provide legal services for not less than 9 Evanston residents to secure certificates of rehabilitation in an amount not to exceed $30,000. Funding is provided by a $30,000 allocation approved in the City’s 2014 Community Development Block Grant budget. For Action (A4) Resolution 83-R-14, Authorizing the Execution of an Agreement to Purchase Property for a Park and Accept a Dedication of Land for the New Ashland Avenue Extended Roadway within the Emerson Square Subdivision Staff recommends City Council adoption of Resolution 83-R-14, authorizing the execution of an agreement to purchase property for a park and accept a dedication of land for the new Ashland Avenue extended roadway, all within the Emerson Square Subdivision. For Action 3 of 357 City Council Agenda November 24, 2014 Page 4 of 7 (A5) Resolution 89-R-14, Amending the FY 2014 Budget Staff recommends City Council adoption of Resolution 89-R-14, authorization to amend the FY 2014 Budget. The proposed amendment would increase FY 2014 General Fund budgeted expenditures by $1,622,053 from $89,012,485 to $90,634,538. For Action (A6) Resolution 91-R-14, Fiscal Year 2015 Budget of the City of Evanston Staff recommends City Council adoption of Resolution 91-R-14 which approves the FY 2015 Budget of the City of Evanston, in the amount of $265,110,667. For Action (A7) Ordinance 148-O-14, Amending Class P Liquor License, Allowing for Sale of Alcohol in Containers with Volumes of 200 mL or Greater Local Liquor Commissioner recommends City Council adoption of Ordinance 148-O-14, which amends Evanston City Code of 2012 Subsection 3-4-6(P) to permit the retail sale of alcohol in containers with volumes equal to or greater than 200 mL for off-premise consumption. Suspension of the Rules is requested to permit introduction and action by City Council on November 24, 2014. For Introduction and Action (A8) Ordinance 133-O-14: City of Evanston 2014 Tax Levy Staff requests City Council adoption of Tax Levy Ordinance 133-O-14, which levies the annual property tax for General Fund Operations, Illinois Municipal Retirement Fund, Police and Fire Pension Funds, and General Assistance Fund. This ordinance was introduced at the October 25, 2014 City Council meeting. For Action (A9) Ordinance 134-O-14: 2014 Special Service Area #4 Tax Levy Staff requests City Council adoption of Tax Levy Ordinance 134-O-14, which levies the annual property tax for Special Service Area #4. This ordinance was introduced at the October 25, 2014 City Council meeting. For Action (A10) Ordinance 135-O-14: Evanston Public Library 2014 Tax Levy Staff requests City Council adoption of Tax Levy Ordinance 135-O-14 which levies the annual property tax for the Evanston Public Library. This ordinance was introduced at the October 25, 2014 City Council meeting. For Action 4 of 357 City Council Agenda November 24, 2014 Page 5 of 7 (A11) Ordinance 137-O-14 Amending the Evanston City Code Title 7, Chapter 12, Relating to the City Waterworks System “Charges, Rates, Fees and Penalties” Staff recommends City Council adoption of Ordinance 137-O-14 Amending the Evanston City Code, Title 7, Chapter 12, Relating to the City Waterworks System “Charges, Rates, Fees and Penalties”. Staff is recommending a ten percent (10%) water rate increase. Effective January 1, 2015, the minimum charges and the quantity charge are proposed to increase by ten percent. This ordinance was introduced at the November 10, 2014 City Council meeting. For Action (A12) Ordinance 136-O-14, Amending Subsection 3-4-6-(A) Regarding Retail Sale of Wine and Beer for Consumption Off Premises Local Liquor Commissioner recommends City Council adoption of Ordinance 136-O-14, which permits the retail sale of wine, refrigerated beer, and/or unrefrigerated beer in original packaging for consumption off the premises with the retail sale of food products. This ordinance was introduced at the November 10, 2014 City Council meeting. For Action (A13) Ordinance 128-O-14 Authorizing the Lease of 2022 Central Street, Evanston with 2022 Central LLC d/b/a Lush Wine & Spirits Staff recommends adoption of Ordinance 128-O-14, authorizing the City Manager to negotiate and execute a Commercial Lease with 2022 Central LLC d/b/a Lush Wine & Spirits for the lease of City-owned real property located at 2022 Central Street, Evanston. This ordinance was introduced at the November 10, 2014 City Council meeting. For Action (A14) Ordinance 140-O-14 Amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 10, Schedule X (C):Two-Hour Limited Parking on Ewing Avenue Staff recommends that City Council adopt Ordinance 140-O-14 amending Title 10, Chapter 11, Section 10, Schedule X (C), by including the east side of Ewing Avenue from Harrison Street to the restricted thirty (30) minute space at Central Street, as limited two-hour parking between the hours of 9 o’clock (9:00) A.M and six o’clock (6:00) P.M., on any day except Sunday and national holidays. This ordinance was introduced at the November 10, 2014 City Council meeting. For Action 5 of 357 City Council Agenda November 24, 2014 Page 6 of 7 (A15) Ordinance 141-O-14 Amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 10, Schedule X (F) 6: Residential Exemption Parking District A on Noyes Street Staff recommends that City Council adopt Ordinance 141-O-14 amending Title 10, Chapter 11, Section 10, Schedule X (F) 6: Residential Exemption Parking District A. This amendment would eliminate the residential permit exemption for the two hour parking restrictions in the 800 and 900 blocks of Noyes Street to better manage the increased business activity in that area. This ordinance was introduced at the November 10, 2014 City Council meeting. For Action PLANNING & DEVELOPMENT COMMITTEE (P1) Ordinance 145-O-14, Granting a Special Use for a Single Family Detached Dwelling at 1513 Greenleaf Street The Zoning Board of Appeals and City staff recommend City Council adoption of Ordinance 145-O-14 granting a special use permit for a single family detached dwelling in the B1 Business District at 1513 Greenleaf Street. The requested special use permit will allow for the rehabilitation of a blighted property in an existing neighborhood business district. The applicant has complied with all zoning requirements, and meets all of the standards for a special use in the B1 Business District. For Introduction (P2) Ordinance 146-O-14, Granting a Special Use for Commercial Indoor Recreation, Barre Code, at 604 Davis Street The Zoning Board of Appeals and City staff recommend City Council adoption of Ordinance 146-O-14 granting a special use permit for Commercial Indoor Recreation, Barre Code, at 604 Davis Street. The requested special use permit will allow a new business within the city that will utilize a currently vacant space in an existing downtown retail district. The applicant has complied with all zoning requirements, and meets all of the standards for a special use in the D2 Downtown Retail Core District. For Introduction (P3) Ordinance 147-O-14, Granting a Special Use for a Type 2 Restaurant, Domino’s Pizza, at 911 Foster Street The Zoning Board of Appeals and City staff recommend City Council adoption of Ordinance 147-O-14 granting a special use permit for a Type 2 Restaurant, Domino’s Pizza, in the B1 Business District. The applicant has complied with all zoning requirements, and meets all of the standards for a special use for this district. Suspension of the Rules is requested to permit introduction and action by City Council on November 24, 2014. For Introduction and Action 6 of 357 City Council Agenda November 24, 2014 Page 7 of 7 (P4) Ordinance 144-O-14, Zoning Ordinance Text Amendment: Modifications to Central Street Overlay District (oCSC) The Plan Commission and staff recommend City Council adoption of Ordinance 114-O-14 to modify certain portions of Section 6-15-14 Central Street Overlay District (oCSC). For Introduction (P5) Ordinance 120-O-14, Granting a Special Use for a Daycare Center-Child at 1909-1911 Howard Street The Zoning Board of Appeals and City staff recommend City Council adoption of Ordinance 120-O-14 granting a special use permit for a Daycare Center-Child in the C1 Commercial District at 1909-1911 Howard Street. In response to a request at the October 13, 2014 P&D meeting, the applicant has now provided a Letter of Intent outlining the proposed tenant lease that commenced September 1, 2014. For Introduction MEETINGS SCHEDULED THROUGH DECEMBER 2014 Upcoming Aldermanic Committee Meetings Mon, Dec 1 6 pm Rules Committee Mon, Dec 1 7:30 pm Human Services Committee Mon, Dec 8 6 pm A&PW, P&D, City Council meetings Mon, Dec 10 7 pm Northwestern University/City Committee Tues, Dec 16 7:30 pm Housing & Community Dev Act Ctte Wed, Dec 17 6 pm Transportation/Parking Committee Wed, Dec 17 6:30 pm M/W/EBE Advisory Committee Wed, Dec 17 7:30 pm Economic Development Committee Fri, Dec 19 7 am Housing & Homelessness Commission 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. 7 of 357 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, November 10, 2014 Roll Call: Alderman Fiske Alderman Tendam Alderman Braithwaite Alderman Grover Alderman Wynne Alderman Rainey Alderman Wilson Alderman Burrus Alderman Holmes Absent: Alderman Rainey Presiding: Mayor Elizabeth B. Tisdahl Mayor Tisdahl called the Regular Meeting of the City Council to order after the Roll Call recognized a quorum had been met. Aldermen Fiske and Tendam arrived at 7:15 p.m. Mayor Public Announcements The Mayor thanked everyone for coming out to vote, and conferred with the City Clerk that it was a considerable turnout. City Manager Public Announcements City Manager Bobkiewicz had no announcements. Communications: City Clerk City Clerk Greene invited all to come out Thursday, November 13th to attend the first Graduation Ceremony of the Evanston Citizen Fire Academy. The time and place was 7:30 p.m. in the Council Chambers. He also thanked the voters for voting and invited them to vote at the next election as well. Public Comment There were no citizens signed up to speak. Items not approved on Consent Agenda: (A8) Ordinance 128-O-14 Authorizing the Lease of 2022 Central Street, Evanston with 2022 Central LLC d/b/a Lush Wine & Spirits Staff recommends adoption of Ordinance 128-O-14, authorizing the City Manager to negotiate and execute a Commercial Lease with 2022 Central LLC d/b/a Lush Wine & Spirits for the lease of City-owned real property located at 2022 Central Street, Evanston. Suspension of the Rules is requested to permit introduction and action by City Council on November 10, 2014. 8 of 357 City Council Agenda November 10, 2014 Page 2 of 7 For Introduction and Action (A10) Ordinance 137-O-14 Amending the Evanston City Code Title 7, Chapter 12, Relating to the City Waterworks System “Charges, Rates, Fees and Penalties” Staff recommends City Council adoption of Ordinance 137-O-14 Amending the Evanston City Code, Title 7, Chapter 12, Relating to the City Waterworks System “Charges, Rates, Fees and Penalties”. Staff is recommending a ten percent (10%) water rate increase. Effective January 1, 2015, the minimum charges and the quantity charge are proposed to increase by ten percent. For Introduction CONSENT AGENDA (M1) Approval of Minutes of the Special City Council Meeting of October 25, 2014 (M2) Approval of Minutes of the Regular City Council Meeting of October 27, 2014 For Action ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through October 19, 2014 $2,824,691.76 (A2) City of Evanston Bills – November 11, 2014 $4,313,142.36 Credit Card Activity – Period ending September 30, 2014 $ 156,868.50 For Action (A3.1) Approval of Contract Increase with SAFEbuilt, Inc. for Back-up Building Inspection and Plan Review Services Staff recommends City Council authorization for the City Manager to increase the back-up Building Inspection and Plan Review Services contract agreement amount from $20,000 to a not to exceed amount of $35,000 with SAFEbuilt, Inc. (3755 Precision Drive, Suite 140, Loveland, CO) due to significantly increased need for plan review services. Funding for the increased services will be provided by available balance of $20,000 in Construction Engineering Services Account 100.21.2126.62150. For Action (A3.2 Approval of Towing Contracts for Snow Towing Operations Staff recommends that City Council authorize the City Manager to execute contract(s) for Snow Towing Services in an amount not to exceed $60,000 with various towing companies. (See attached list.) Funding is provided by the Snow and Ice Control General Fund Account 100.26.2680.62451. For Action 9 of 357 City Council Agenda November 10, 2014 Page 3 of 7 (A3.3) Approval of Contract with O’Hara Construction, Inc., for the Fleetwood- Jourdain Community Center- Fitness Center and Lorraine H. Morton Civic Center-Ground Floor (North Wing) Ceiling Installation Staff recommends City Council authorize the City Manager to execute a contract for the Fleetwood-Jourdain Community Center fitness center and Lorraine H. Morton Civic Center (ground floor north wing) acoustical ceiling installation project with O’Hara Construction, Inc., (8115 Ridgeway Avenue, Skokie, IL) in the amount of $19,991. Funding is provided by the Capital Improvement Fund for Fleetwood-Jourdain Minor Improvements Account 416458.65510. For Action (A4) Approval for a One Month Employee Health Insurance Premium Contribution Holiday Staff recommends that City Council authorize the City Manager to give a one month Employee Health Insurance Premium Holiday for the month of December 2014. Funding is provided by City health care savings due to lower claim costs that has resulted in the City’s overall health care costs decreasing in 2014. For Action (A5) Approval for Free Holiday Parking in the City’s Three Downtown Self-Park Garages and Lot 60 located at 1234 Chicago Avenue Staff recommends that the City Council approve free holiday parking in the City’s three Downtown Self-Park Garages and Lot 60 located at 1234 Chicago Avenue on weekdays between 5 p.m. and 12 midnight and all day on Saturday beginning Thursday, November 27, 2014 through Saturday, January 3, 2015. Funding is provided by the Parking Fund. For Action (A6) Resolution 85-R-14, Designation of Illinois Municipal Retirement Fund (IMRF) Authorized IMRF Agent Staff recommends City Council adoption of Resolution 85-R-14, appointing Martin Lyons as the IMRF Authorized Agent. For Action (A7) Ordinance 136-O-14, Amending Subsection 3-4-6-(A) Regarding Retail Sale of Wine and Beer for Consumption Off Premises Local Liquor Commissioner recommends City Council adoption of Ordinance 136-O-14, which permits the retail sale of wine, refrigerated beer, and/or unrefrigerated beer in original packaging for consumption off the premises with the retail sale of food products. For Introduction (A9) Ordinance 139-O-14, Amending the Class I Liquor License and Increasing the Number of Class I Liquor Licenses for 2022 Central, LLC d/b/a Lush Wine & Spirits, 2022 Central Street Local Liquor Commissioner recommends adoption of Ordinance 139-O-14, which amends Evanston City Code of 2012 Subsection 3-4-6-(I), revising the current 10 of 357 City Council Agenda November 10, 2014 Page 4 of 7 unused Class I Liquor License classification to more comprehensively and adequately address the retail sale of alcoholic liquor on premises which are restaurants with an additional retail sales area, increasing number of authorized Class I liquor licenses from zero (0) to one (1). Suspension of the Rules is requested to permit introduction and action by City Council on November 10, 2014. For Introduction and Action (A11) Ordinance 140-O-14 Amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 10, Schedule X (C):Two-Hour Limited Parking on Ewing Avenue Staff recommends that City Council adopt Ordinance 140-O-14 amending Title 10, Chapter 11, Section 10, Schedule X (C), by including the east side of Ewing Avenue from Harrison Street to the restricted thirty (30) minute space at Central Street, as limited two-hour parking between the hours of 9 o’clock (9:00) A.M and six o’clock (6:00) P.M., on any day except Sunday and national holidays. For Introduction (A12) Ordinance 141-O-14 Amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 10, Schedule X (F) 6: Residential Exemption Parking District A on Noyes Street Staff recommends that City Council adopt Ordinance 141-O-14 amending Title 10, Chapter 11, Section 10, Schedule X (F) 6: Residential Exemption Parking District A. This amendment would eliminate the residential permit exemption for the two hour parking restrictions in the 800 and 900 blocks of Noyes Street to better manage the increased business activity in that area. For Introduction (A13) 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). This ordinance was introduced at the October 27, 2014 City Council meeting. For Action PLANNING & DEVELOPMENT COMMITTEE (November 10, 2014 Planning & Development Committee meeting has been canceled.) (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 11 of 357 City Council Agenda November 10, 2014 Page 5 of 7 district. This ordinance was introduced at the October 27, 2014 City Council meeting. For Action HOUSING & COMMUNITY DEVELOPMENT ACT COMMITTEE (O1) Resolution 86-R-14, Approving the Neighborhood Revitalization Strategy Area Plan and Citizen Participation Plan of the City’s 2015-2019 Proposed Consolidated Plan The Housing and Community Development Act Committee and staff recommend adoption of Resolution 86-R-14 approving the Citizen Participation Plan and Neighborhood Revitalization Strategy Area (NRSA) Plan, which are part of the City’s 2015-2019 Proposed Consolidated Plan. For Action APPOINTMENTS (APP1)For Reappointment to: Ladd Arboretum Committee Pamela Johnson Alderman Wynne asked for approval of the Consent Agenda and it was seconded by Alderman Grover. Roll Call vote was 8-0 and the Consent Agenda was approved. Items for discussion: (A8) Ordinance 128-O-14 Authorizing the Lease of 2022 Central Street, Evanston with 2022 Central LLC d/b/a Lush Wine & Spirits Staff recommends adoption of Ordinance 128-O-14, authorizing the City Manager to negotiate and execute a Commercial Lease with 2022 Central LLC d/b/a Lush Wine & Spirits for the lease of City-owned real property located at 2022 Central Street, Evanston. Suspension of the Rules is requested to permit introduction and action by City Council on November 10, 2014. For Introduction and Action Alderman Holmes motioned for approval and seconded by Alderman Tendam. Suspension of rules were not suspended, this item was only introduced. (A9) Ordinance 139-O-14, Amending the Class I Liquor License and Increasing the Number of Class I Liquor Licenses for 2022 Central, LLC d/b/a Lush Wine & Spirits, 2022 Central Street Local Liquor Commissioner recommends adoption of Ordinance 139-O-14, which amends Evanston City Code of 2012 Subsection 3-4-6-(I), revising the current unused Class I Liquor License classification to more comprehensively and adequately address the retail sale of alcoholic liquor on premises which are restaurants with an additional retail sales area, increasing number of authorized Class I liquor licenses from zero (0) to one (1). Suspension of the Rules is requested to permit introduction and action by City Council on November 10, 2014. For Introduction and Action 12 of 357 City Council Agenda November 10, 2014 Page 6 of 7 Alderman Holmes motioned to suspend the rules and it was seconded by Alderman Tendam, and a Voice Vote was taken with no nayes. Alderman Wynne moved for action approval and seconded by Alderman Tendam. Roll Call 8-0 the motion passed. (A10) Ordinance 137-O-14 Amending the Evanston City Code Title 7, Chapter 12, Relating to the City Waterworks System “Charges, Rates, Fees and Penalties” Staff recommends City Council adoption of Ordinance 137-O-14 Amending the Evanston City Code, Title 7, Chapter 12, Relating to the City Waterworks System “Charges, Rates, Fees and Penalties”. Staff is recommending a ten percent (10%) water rate increase. Effective January 1, 2015, the minimum charges and the quantity charge are proposed to increase by ten percent. For Introduction Alderman Holmes motioned for approval and seconded by Alderman Wynne. Roll Call 6-2 (Aldermen Holmes and Braithwaite voted nay). The motion passed. SPECIAL ORDER OF BUSINESS (SP1) FY2015 Budget Discussion No formal action will be taken regarding the FY2015 Proposed Budget. . This is a continuation of the Council budget discussion begun on October 20, 2014. Budget documents are available here: http://www.cityofevanston.org/city-budget/ For Discussion City Manager Bobkiewicz presented the proposed FY2015 Budget answers to questions that were raised by the Council and Public. He also opened the floor for additional questions and concerns the Council may have. He stated at the next meeting on Monday, November 17th, he would have revisions to the Budget based on the Questions received tonight. Then on Monday, November 24th if all goes well he will present the final revisions for approval with the appropriate Ordinances and Resolutions. Questions/Concerns from the Council: 1. Breakdown by line item for the Vital Records Department. 2. Street Paving Plans (we seem to fall behind each year). 3. Allocating more money to provide for street repairs to stay ahead a) Mr. Lyons, Assistant City Manager stated there will be enough funds that could be allocated to the street repairs. 4. Clarification of the Library’s levy authority to raise taxes. a) Grant Farrar, City Attorney gave his understanding of the statutes for the Library Board’s actions in reference to going above their statuary limits as it relates to a Home Rule Municipality. 5. Keeping track of funding for the Animal Shelter and the standards that have been set. a) Mr. Bobkiewicz stated $35,000.00 have been allocated with no thought of private donations. 6. What is the percentage the Library Board’s over extension of their levy? a) Mr. Lyons gave an explanation of the Library Board’s levy request. 7. Creation of a 501C3 for the purpose of controlling the funds received by the 13 of 357 City Council Agenda November 10, 2014 Page 7 of 7 Animal Board and how it is being handled. 8. Will a tax deduction be considered for people making donations to the Animal Shelter? The Mayor thanked the organization that gave everyone on the dais a daffodil bud. Call of the Wards Ward 1, Alderman Fiske thanked all the Veterans for their service including her husband. Ward 2, Alderman Braithwaite also acknowledged the Veterans and announced his Thursday ward meeting at 7:00 in the District 65 Building. Valley Produce owners will be there. Ward 3, Alderman Wynne thanked the six graders from Nichols School for their clean- up on the Lakefront. She also thanked all the Veterans for their service. Ward 4, Alderman Wilson wanted to echo the sentiments for the Veterans’ sacrifices. Ward 5, Alderman Holmes stated her father and both sons served, and in honor of their service she joined the Women’s Auxiliary of Post 7186. Stated this was a wonderful filled weekend and the honorees of the Joe Martin Foundation. Also the Hecky Powell honorary street sign display. Ward 6, Alderman Tendam wanted to refer to staffing concerning invisible fences. He also enjoyed the Zombie Scramble. Ward 7, Alderman Grover was impressed with the Zombie Scramble and stated we must do it again next year and recruit more Zombies. She stated the Next Theater going dark and a great loss for the City. Ward 9, Alderman Burrus extended her condolences to Judge Hansen for the death of her father. A motion to adjourn was made and seconded, and with a Voice Vote in the positive the Regular meeting ended at 8:00 p.m. Submitted by, Hon. Rodney Greene, MMC City Clerk 14 of 357 ADMINISTRATION & PUBLIC WORKS COMMITTEE Monday, November 24, 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 November 10, 2014 III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through November 2, 2014 $2,645,921.30 (A2) City of Evanston Bills – November 25, 2014 $2,878,029.39 For Action (A3.1) Approval of Contract with A. Lamp Concrete Contractors Inc. for the Civic Center Sustainable Parking Lot Reconstruction (Bid 14-60) Staff recommends the City Council authorize the City Manager to execute a contract awarding the Civic Center Sustainable Parking Lot reconstruction contract to A. Lamp Concrete Contractors Inc. (1900 Wright Blvd., Schaumburg, IL) in the amount of $1,400,000. Funding is provided by: a Metropolitan Water Reclamation District (MWRD) Grant of $750,000 and by $650,000 from the Parking Fund. For Action (A3.2) Approval of Purchase of Insurance/Renewals– Property, Excess Liability & Excess Worker’s Compensation for Fiscal Year 2015 Staff recommends City Council approval to purchase the outlined insurance policies at a total cost of $552,224, which will renew all insurance coverage for the City for Fiscal Year 2015. Funding is provided by the Insurance Fund FY2015 budget of 610,000, Accounts 7800.62615 and 7800.66044. For Action Rev. 11/20/2014 3:53:09 PM 15 of 357 (A3.3) Approval of Contracts for Water Treatment Chemicals for Purchase in FY 2015 (Bid 14-62) Staff recommends that City Council authorize the City Manager to execute contracts with the following vendors to supply water treatment chemicals for FY2015: 1) USALCO (1120 Middle River Road, Baltimore, MD) in the amount of $192,330.40 to supply aluminum sulfate (alum); 2) JCI Jones (1765 Ringling Blvd., Sarasota, FL) in the amount of $35,292 to supply chlorine; 3) Key Chemical Inc. (9503 Dovewood Place, Waxhaw, NC) in the amount of $133,011 to supply HFS acid (fluoride); 4) Polydyne Inc. (One Chemical Plant Road, Riceboro, GA) in the amount of $23,120 to supply polymer; and 5) Carus Corporation (315 Fifth Street, Peru, IL) in the amount of $93,525 to supply blended phosphate. The total of these proposed purchases is $477,278.40. Funding is provided by Water Fund Business Unit 7110. For Action (A3.4) Approval of Financial Assistance through the Façade Improvement Program for Bangers and Lace Staff recommends approval of financial assistance for a façade improvement project for Bangers and Lace, a new restaurant and tavern, located at 810 Grove Street, on a 50/50 cost sharing basis in an amount not to exceed $10,500. Funding is provided by the Economic Development Fund’s Business District Improvement Fund (5300.65522). For Action (A3.5) Approval of Service Agreement for the 2014 Certificate of Rehabilitation Program with the James B. Moran Center for Youth Advocacy Staff recommends that City Council authorize the City manager to execute a renewal of an agreement between the City of Evanston and the James B. Moran Center for Youth Advocacy (1123 Emerson, Suite 203 Evanston, IL) to provide legal services for not less than 9 Evanston residents to secure certificates of rehabilitation in an amount not to exceed $30,000. Funding is provided by a $30,000 allocation approved in the City’s 2014 Community Development Block Grant budget. For Action (A4) Resolution 83-R-14, Authorizing the Execution of an Agreement to Purchase Property for a Park and Accept a Dedication of Land for the New Ashland Avenue Extended Roadway within the Emerson Square Subdivision Staff recommends City Council adoption of Resolution 83-R-14, authorizing the execution of an agreement to purchase property for a park and accept a dedication of land for the new Ashland Avenue extended roadway, all within the Emerson Square Subdivision. For Action Rev. 11/20/2014 3:53:09 PM 16 of 357 (A5) Resolution 89-R-14, Amending the FY 2014 Budget Staff recommends City Council adoption of Resolution 89-R-14, authorization to amend the FY 2014 Budget. The proposed amendment would increase FY 2014 General Fund budgeted expenditures by $1,622,053 from $89,012,485 to $90,634,538. For Action (A6) Resolution 91-R-14, Fiscal Year 2015 Budget of the City of Evanston Staff recommends City Council adoption of Resolution 91-R-14 which approves the FY 2015 Budget of the City of Evanston, in the amount of $265,110,667. For Action (A7) Ordinance 148-O-14, Amending Class P Liquor License, Allowing for Sale of Alcohol in Containers with Volumes of 200 mL or Greater Local Liquor Commissioner recommends City Council adoption of Ordinance 148-O-14, which amends Evanston City Code of 2012 Subsection 3-4-6(P) to permit the retail sale of alcohol in containers with volumes equal to or greater than 200 mL for off-premise consumption. Suspension of the Rules is requested to permit introduction and action by City Council on November 24, 2014. For Introduction and Action IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT Rev. 11/20/2014 3:53:09 PM 17 of 357 Administration and Public Works Committee Meeting Minutes of November 10, 2014 Council Chambers – 6:00 p.m. Lorraine H. Morton Civic Center MEMBERS PRESENT: D. Holmes, J. Grover, C. Burrus, P. Braithwaite (arrived late) MEMBERS ABSENT: A. Rainey STAFF PRESENT: D. Stoneback, M. Lyons, G. Farrar, W. Bobkiewicz, C. Plante, S. Nagar, T. Turner, E. Storlie, L. Jeschke, M. Muenzer, M. Sumar, K. Danczak-Lyons, P. Gottschalk STAFF ABSENT: J. Nyden, B. Dorneker, S. Robinson, L. Biggs, J. Williams- Kinsel, Chief Klaiber, C. Hurley, J. Maiworm, E. Thomas-Smith, J. McRae, R. Voss, Chief Eddington, S. Flax, Mayor Tisdahl PRESIDING OFFICIAL: Ald. Holmes I. DECLARATION OF QUORUM A quorum being present, Ald. Holmes called the meeting to order at 6:07 p.m. II. APPROVAL OF REGULAR MEETING MINUTES OF OCTOBER 27, 2014 Ald . Burrus moved to approve the minutes of the October 27, 2014 A&PW meeting as submitted, seconded by Ald. Grover. The Minutes of the October 27, 2014 meeting were approved unanimously 3-0. III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through October 19, 2014 $2,824,691.76 (A2) City of Evanston Bills – November 11, 2014 $4,313,142.36 Credit Card Activity – Period ending September 30, 2014 $ 156,868.50 For Action Ald. Holmes moved to approve the City of Evanston Payroll (A1) through October 19, 2014, seconded by Ald. Burrus. The Committee voted unanimously 3-0 to approve the payroll. Ald. Holmes moved to approve the City of Evanston Bills through November 11, 2014 and credit card activity through September 30, 2014, seconded by Ald. Grover. The Committee voted unanimously 3-0 to approve the bills and credit card activity. (A3.1) Approval of Contract Increase with SAFEbuilt, Inc. for Back-up Building Inspection and Plan Review Services DRAFT – NOT APPROVED 18 of 357 Administration and Public Works Committee Meeting Minutes of 11-10-14 Page 2 of 6 Staff recommends City Council authorization for the City Manager to increase the back-up Building Inspection and Plan Review Services contract agreement amount from $20,000 to a not to exceed amount of $35,000 with SAFEbuilt, Inc. (3755 Precision Drive, Suite 140, Loveland, CO) due to significantly increased need for plan review services. Funding for the increased services will be provided by available balance of $20,000 in Construction Engineering Services Account 100.21.2126.62150. For Action Ald. Burrus moved to recommend City Council authorization for the City Manager to increase the back-up Building Inspection and Plan Review Services contract agreement amount from $20,000 to a not to exceed amount of $35,000 with SAFEbuilt, Inc. due to significantly increased need for plan review services, seconded by Ald. Grover. The Committee voted unanimously 3-0 to recommend approval of the contract. (A3.2) Approval of Towing Contracts for Snow Towing Operations Staff recommends that City Council authorize the City Manager to execute contract(s) for Snow Towing Services in an amount not to exceed $60,000 with various towing companies. (See attached list.) Funding is provided by the Snow and Ice Control General Fund Account 100.26.2680.62451. For Action Ald. Grover moved to recommend that City Council authorize the City Manager to execute contract(s) for Snow Towing Services in an amount not to exceed $60,000 with various towing companies, seconded by Ald. Burrus. The Committee voted unanimously 3-0 to recommend approval of the contracts. (A3.3) Approval of Contract with O’Hara Construction, Inc., for the Fleetwood- Jourdain Community Center- Fitness Center and Lorraine H. Morton Civic Center-Ground Floor (North Wing) Ceiling Installation Staff recommends City Council authorize the City Manager to execute a contract for the Fleetwood-Jourdain Community Center fitness center and Lorraine H. Morton Civic Center (ground floor north wing) acoustical ceiling installation project with O’Hara Construction, Inc., (8115 Ridgeway Avenue, Skokie, IL) in the amount of $19,991. Funding is provided by the Capital Improvement Fund for Fleetwood- Jourdain Minor Improvements Account 416458.65510. For Action Ald. Holmes moved to recommend City Council authorize the City Manager to execute a contract for the Fleetwood-Jourdain Community Center fitness center and Lorraine H. Morton Civic Center (ground floor north wing) acoustical ceiling installation project with O’Hara Construction, Inc., in the amount of $19,991, seconded by Ald. Grover. The Committee voted unanimously 3-0 to recommend approval of the contract. (A4) Approval for a One Month Employee Health Insurance Premium Contribution Holiday 19 of 357 Administration and Public Works Committee Meeting Minutes of 11-10-14 Page 3 of 6 Staff recommends that City Council authorize the City Manager to give a one month Employee Health Insurance Premium Holiday for the month of December 2014. Funding is provided by City health care savings due to lower claim costs that has resulted in the City’s overall health care costs decreasing in 2014. For Action Ald. Burrus moved to recommend that City Council authorize the City Manager to give a one month Employee Health Insurance Premium Holiday for the month of December 2014, seconded by Ald. Grover. The Committee voted unanimously 3-0 to approve the premium holiday. (A5) Approval for Free Holiday Parking in the City’s Three Downtown Self-Park Garages and Lot 60 located at 1234 Chicago Avenue Staff recommends that the City Council approve free holiday parking in the City’s three Downtown Self-Park Garages and Lot 60 located at 1234 Chicago Avenue on weekdays between 5 p.m. and 12 midnight and all day on Saturday beginning Thursday, November 27, 2014 through Saturday, January 3, 2015. Funding is provided by the Parking Fund. For Action Ald. Grover moved to recommend that the City Council approve free holiday parking in the City’s three Downtown Self-Park Garages and Lot 60 located at 1234 Chicago Avenue on weekdays between 5 p.m. and 12 midnight and all day on Saturday beginning Thursday, November 27, 2014 through Saturday, January 3, 2015, seconded by Ald. Burrus. Ald. Holmes noted that this is a great service provided by the City. She hopes residents take advantage. The Committee voted unanimously 3-0 to approve free holiday parking. (A6) Resolution 85-R-14, Designation of Illinois Municipal Retirement Fund (IMRF) Authorized IMRF Agent Staff recommends City Council adoption of Resolution 85-R-14, appointing Martin Lyons as the IMRF Authorized Agent. For Action Ald. Holmes moved to recommend City Council adoption of Resolution 85-R- 14, appointing Martin Lyons as the IMRF Authorized Agent, seconded by Ald. Grover. The Committee voted unanimously 3-0 to adopt the resolution. (A7) Ordinance 136-O-14, Amending Subsection 3-4-6-(A) Regarding Retail Sale of Wine and Beer for Consumption Off Premises Local Liquor Commissioner recommends City Council adoption of Ordinance 136-O- 14, which permits the retail sale of wine, refrigerated beer, and/or unrefrigerated beer in original packaging for consumption off the premises with the retail sale of food products. For Introduction 20 of 357 Administration and Public Works Committee Meeting Minutes of 11-10-14 Page 4 of 6 Ald. Burrus moved to recommend City Council adoption of Ordinance 136-O- 14, which permits the retail sale of wine, refrigerated beer, and/or unrefrigerated beer in original packaging for consumption off the premises with the retail sale of food products, seconded by Ald. Grover. The Committee voted unanimously 3-0 to recommend adoption of the ordinance. (A8) Ordinance 128-O-14 Authorizing the Lease of 2022 Central Street, Evanston with 2022 Central LLC d/b/a Lush Wine & Spirits Staff recommends adoption of Ordinance 128-O-14, authorizing the City Manager to negotiate and execute a Commercial Lease with 2022 Central LLC d/b/a Lush Wine & Spirits for the lease of City-owned real property located at 2022 Central Street, Evanston. Suspension of the Rules is requested to permit introduction and action by City Council on November 10, 2014. For Introduction and Action Ald. Grover moved to recommend adoption of Ordinance 128-O-14, authorizing the City Manager to negotiate and execute a Commercial Lease with 2022 Central LLC d/b/a Lush Wine & Spirits for the lease of City-owned real property located at 2022 Central Street, Evanston, seconded by Ald. Burrus. The Committee voted unanimously 3-0 to suspend the rules and adopt the ordinance. (A9) Ordinance 139-O-14, Amending the Class I Liquor License and Increasing the Number of Class I Liquor Licenses for 2022 Central, LLC d/b/a Lush Wine & Spirits, 2022 Central Street Local Liquor Commissioner recommends adoption of Ordinance 139-O-14, which amends Evanston City Code of 2012 Subsection 3-4-6-(I), revising the current unused Class I Liquor License classification to more comprehensively and adequately address the retail sale of alcoholic liquor on premises which are restaurants with an additional retail sales area, increasing number of authorized Class I liquor licenses from zero (0) to one (1). Suspension of the Rules is requested to permit introduction and action by City Council on November 10, 2014. For Introduction and Action Al d. Holmes moved to recommend adoption of Ordinance 139-O-14, which amends Evanston City Code of 2012 Subsection 3-4-6-(I), revising the current unused Class I Liquor License classification to more comprehensively and adequately address the retail sale of alcoholic liquor on premises which are restaurants with an additional retail sales area, increasing number of authorized Class I liquor licenses from zero (0) to one (1), seconded by Ald. Burrus. The Committee voted unanimously 3-0 to suspend the rules and adopt the ordinance. 21 of 357 Administration and Public Works Committee Meeting Minutes of 11-10-14 Page 5 of 6 (A10) Ordinance 137-O-14 Amending the Evanston City Code Title 7, Chapter 12, Relating to the City Waterworks System “Charges, Rates, Fees and Penalties” Staff recommends City Council adoption of Ordinance 137-O-14 Amending the Evanston City Code, Title 7, Chapter 12, Relating to the City Waterworks System “Charges, Rates, Fees and Penalties”. Staff is recommending a ten percent (10%) water rate increase. Effective January 1, 2015, the minimum charges and the quantity charge are proposed to increase by ten percent. For Introduction Ald. Burrus moved to recommend City Council adoption of Ordinance 137-O- 14 Amending the Evanston City Code, Title 7, Chapter 12, Relating to the City Waterworks System “Charges, Rates, Fees and Penalties” to effectively increase the water rate by ten percent (10%) on January 1, 2015, seconded by Ald. Grover. The Committee voted 2-1, with Ald. Holmes opposing adoption of the ordinance. (A11) Ordinance 140-O-14 Amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 10, Schedule X (C):Two-Hour Limited Parking on Ewing Avenue Staff recommends that City Council adopt Ordinance 140-O-14 amending Title 10, Chapter 11, Section 10, Schedule X (C), by including the east side of Ewing Avenue from Harrison Street to the restricted thirty (30) minute space at Central Street, as limited two-hour parking between the hours of 9 o’clock (9:00) A.M and six o’clock (6:00) P.M., on any day except Sunday and national holidays. For Introduction Ald. Grover moved to recommend that City Council adopt Ordinance 140-O-14 amending Title 10, Chapter 11, Section 10, Schedule X (C), by including the east side of Ewing Avenue from Harrison Street to the restricted thirty (30) minute space at Central Street, as limited two-hour parking between the hours of 9 o’clock (9:00) A.M and six o’clock (6:00) P.M., on any day except Sunday and national holidays, seconded by Ald. Burrus. The Committee voted unanimously 3-0 to recommend adoption of the ordinance. (A12) Ordinance 141-O-14 Amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 10, Schedule X (F) 6: Residential Exemption Parking District A on Noyes Street Staff recommends that City Council adopt Ordinance 141-O-14 amending Title 10, Chapter 11, Section 10, Schedule X (F) 6: Residential Exemption Parking District A. This amendment would eliminate the residential permit exemption for the two hour parking restrictions in the 800 and 900 blocks of Noyes Street to better manage the increased business activity in that area. For Introduction Ald. Holmes moved to recommend that City Council adopt Ordinance 141-O-14 amending Title 10, Chapter 11, Section 10, Schedule X (F) 6: Residential Exemption Parking District A to eliminate the residential permit exemption for 22 of 357 Administration and Public Works Committee Meeting Minutes of 11-10-14 Page 6 of 6 the two hour parking restrictions in the 800 and 900 blocks of Noyes Street to better manage the increased business activity in that area, seconded by Ald. Grover. The Committee voted unanimously 3-0 to adopt the ordinance. IV. ITEMS FOR DISCUSSION (APW1) Update on Implementation of Clothing Collection Box Regulations For Discussion City Manager Bobkiewicz updated the committee on the implementation of clothing collection box regulations. To date there are 24 licensed collection boxes. A table listing the location, ward, owner and status of all applications is included in the packet. There is also a listing of unlicensed boxes. The owners have been notified and those boxes will be removed prior to December 1, 2014. Ald. Burrus thanked the Health and Human Services Department for the improvement of the conditions of the boxes at Home Depot. Ald. Grover noted that the implementation of the regulations have increased compliance. City Manager Bobkiewicz added that anyone concerned about the placement or condition of a box can call 311. A map listing licensed boxes will be available on the City website as well. VI. COMMUNICATIONS VII. ADJOURNMENT Ald. Burrus moved to adjourn, seconded by Ald. Grover. The Committee voted unanimously 3-0 to adjourn. The meeting was adjourned at 6:21p.m. Respectfully submitted, Janella Hardin 23 of 357 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: November 20, 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 – Oct. 20, 2014 through Nov. 02, 2014 $2,645,921.30 (Payroll includes employer portion of IMRF, FICA, and Medicare) Bills List – Nov. 25, 2014 $2,878,029.39 General Fund Amount – Bills list $ 301,350.69 General Fund Amount – Supplemental list $ 3,761.69 General Fund Total: $ 305,112.38 TOTAL AMOUNT OF BILLS LIST & PAYROLL $5,523,950.69 *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 November 24, 2014 Item A1/A2 Business of the City by Motion: City Payroll and Bills For Action Memorandum 24 of 357 CITY OF EVANSTON BILLS LIST PERIOD ENDING 11/25/2014 100 GENERAL FUND 100 GENERAL SUPPORT 10260 CITY OF EVANSTON PETTY CASH *PETTY CASH- OFFICE OF ADMIN 664.68 21639 EYE MED VISION CARE MONTHLY INVOICE 3,058.21 21650 NATIONAL GUARDIAN LIFE INSURANCE CO. MONTHLY INVOICE 339.39 41340 CITY OF EVANSTON - PETTY CASH PETTY CASH-OPERATIONAL FUNDS 2,500.00 41420 DIRECTOR, ILLINOIS STATE POLICE SEIZED FUNDS CASE #14-20621 949.00 41420 DIRECTOR, ILLINOIS STATE POLICE SEIZED FUNDS CASE #14-21315 400.00 41420 DIRECTOR, ILLINOIS STATE POLICE SEIZED FUNDS-CASE #14-14973 439.00 100 GENERAL SUPPORT Total 8,350.28 1505 CITY MANAGER 62210 ALLEGRA PRINT & IMAGING COE EMPLOYEE BIRTHDAY CARDS 706.00 62280 FEDERAL EXPRESS CORP.SHIPPING 20.11 62295 HURLEY, CATHERINE REIMBURSEMENT BIG IDEAS CONFERENCE 584.90 62360 INTERNATIONAL CITY/COUNTY MGMT ASSOC. ILCMA MEMBERSHIP DUES 1,400.00 65095 OFFICE DEPOT OFFICE SUPPLIES 101.49 1505 CITY MANAGER Total 2,812.50 1510 PUBLIC INFORMATION 62205 ON TRACK FULFILLMENT INC.LEAF BLOWER RULES POSTCARDS 80.00 62205 ON TRACK FULFILLMENT INC.RODENT CONTROL CARDS 120.00 62205 QUARTET COPIES NUTCRACKER POSTERS AND FLYERS 221.85 62506 NORTHWESTERN UNIVERSITY WORK-STUDY STUDENTS FEE 4/14-6/14 350.00 62506 NORTHWESTERN UNIVERSITY WORK-STUDY STUDENTS FEE 7/14-9/14 1,284.50 62665 EVANSTON COMMUNITY TV 7/14, 4/14, 9/14 & 10/14 FRANCHISE FEE PEG GRANTS 17,200.00 1510 PUBLIC INFORMATION Total 19,256.35 1705 LEGAL ADMINISTRATION 65010 WEST GROUP PAYMENT CTR LEGAL BOOKS 816.69 65010 WOLTERS KLUWER LEGAL BOOKS 202.02 1705 LEGAL ADMINISTRATION Total 1,018.71 1905 ADM.SERVICES- GENERAL SUPPORT 62295 MARTIN S. LYONS REIMBURSEMENT IGFOA CONFERENCE 38.62 65095 OFFICE DEPOT OFFICE SUPPLIES 132.87 1905 ADM.SERVICES- GENERAL SUPPORT Total 171.49 1910 FINANCE DIVISION - REVENUE 51565 EVANSTON TOWNSHIP HIGH SCHOOL 2013-14 MUNICIPAL TAX 166.74 51565 EVANSTON/SKOKIE SCHOOL DISTRICT 65 UTILITY TAXES 34,594.60 51570 EVANSTON TOWNSHIP HIGH SCHOOL 2013-14 MUNICIPAL TAX 34,688.19 51625 EVANSTON TOWNSHIP HIGH SCHOOL 2013-14 MUNICIPAL TAX 5,055.55 51625 EVANSTON/SKOKIE SCHOOL DISTRICT 65 UTILITY TAXES 7,487.19 62431 GARDA CASH LOGISTICS ARMORED CAR SERVICES 2,431.67 64541 AZAVAR TECHNOLOGIES UTILITY TAX AUDIT 51.92 65045 RYDIN SIGN & DECAL PRINTING OF 2015 PARKING LOT PERMITS, & HANG TAGS 1,906.46 65095 OFFICE DEPOT OFFICE SUPPLIES 77.96 1910 FINANCE DIVISION - REVENUE Total 86,460.28 1920 FINANCE DIVISION - ACCOUNTING 62185 ACCOUNTEMPS ACCOUNTING SERVICES 3,970.94 62185 ACCOUNTEMPS ACCOUNTS PAYABLE COORD 4,202.16 62185 ACCOUNTEMPS COLLECTIONS COORD 3,288.39 62280 FEDERAL EXPRESS CORP.SHIPPING 709.26 1920 FINANCE DIVISION - ACCOUNTING Total 12,170.75 1921 TAX ASSESSMENT ADVOCACY 66054 SENIORS CHOICE MONTHLY INVOICE 1,955.79 1921 TAX ASSESSMENT ADVOCACY Total 1,955.79 1925 FINANCE DIVISION - PURCHASING 62185 GOV TEMPS USA, LLC BUSINESS DIVERSITY COMPLIANCE OFFICER W/E AUG. 24, 2014 1,935.50 62185 GOV TEMPS USA, LLC BUSINESS DIVERSITY COMPLIANCE OFFICER W/E OCT. 12, 2014 1,837.50 62185 GOV TEMPS USA, LLC BUSINESS DIVERSITY COMPLIANCE OFFICER W/E OCT. 05, 2014 1,837.50 62185 GOV TEMPS USA, LLC BUSINESS DIVERSITY COMPLIANCE OFFICER W/E SEPT. 21, 2014 1,837.50 62185 GOV TEMPS USA, LLC BUSINESS DIVERSITY COMPLIANCE OFFICER W/E SEPT. 28, 2014 1,837.50 62360 SAM'S CLUB DIRECT *MEMBERSHIP DUES-TAMMY TURNER 45.00 65095 OFFICE DEPOT OFFICE SUPPLIES 92.54 1925 FINANCE DIVISION - PURCHASING Total 9,423.04 1929 HUMAN RESOURCE DIVISION 62160 LASER ASSOC., STEPHEN A.TESTING-POLICE 9,000.00 62160 TRANS UNION CORP BACKGROUND CHECK-POLICE 204.17 62160 THEODORE POLYGRAPH SERVICE, INC.EMPLOYMENT TESTING 270.00 65095 OFFICE DEPOT OFFICE SUPPLIES 364.57 65125 FEDERAL EXPRESS CORP.DOCUMENTS SHIPPING CHARGES 59.08 1929 HUMAN RESOURCE DIVISION Total 9,897.82 125 of 357 CITY OF EVANSTON BILLS LIST PERIOD ENDING 11/25/2014 1932 INFORMATION TECHNOLOGY DIVI. 62185 SOURCE DIRECT MONTHLY SUPPORT HP-UX JDE HARDWARE 1,081.20 62295 CURTIS HANAWALT REIMBURSEMENT IACP EXPO 503.66 62340 ACCELA, INC.PROFESSIONAL SERVICES 2,960.00 62340 CURRENT TECHNOLOGIES CORPORATION *CAMERA-CHURCH AND SHERMAN 2,107.00 62340 GOVDELIVERY, INC.EMERGENCY NOTIFICATION SYSTEM 12/14-6/15 4,997.50 62340 SOURCE DIRECT HARDWARE AND SOFTWARE MAINTENANCE SUPPORT 174.39 62380 CHICAGO OFFICE TECHNOLOGY GROUP COPIER CHARGES 3,085.74 62506 NORTHWESTERN UNIVERSITY WORK-STUDY STUDENTS FOR I.T. 4/14-6/14 486.00 64540 VERIZON WIRELESS COMMUNICATION CHARGES 1,292.34 65095 OFFICE DEPOT PRINTER TONER 1,173.91 65615 COMCAST CABLE COMMUNICATION CHARGES 185.91 1932 INFORMATION TECHNOLOGY DIVI. Total 18,047.65 1941 PARKING ENFORCEMENT & TICKETS 52505 CARTER INVESTMENTS INC.CITATION # 22617162 OVERPAYMENT 65.00 62451 NORTH SHORE TOWING INVOICE FOR IMMOBILIZATION PROGRAM - OCT 2014 1,650.00 65095 OFFICE DEPOT OFFICE SUPPLIES 69.94 1941 PARKING ENFORCEMENT & TICKETS Total 1,784.94 2126 BUILDING INSPECTION SERVICES 62190 CLEAN CITY INNOVATIONS, LLC GRAFFITI REMOVAL 965.00 62360 IL ASSOCIATION OF CODE ENFORCEMENT QUARTERLY MEETING 35.00 62425 ELEVATOR INSPECTION SERVICE ROUTINE STATE MANDATED ELEVATOR INSPECTIONS 832.00 62425 ELEVATOR INSPECTION SERVICE ROUTINE STATE MANDATED ELEVATOR INSPECTIONS 26.00 2126 BUILDING INSPECTION SERVICES Total 1,858.00 2128 EMERGENCY SOLUTIONS GRANT 67110 CONNECTIONS FOR THE HOMELESS 2013 ESG GRANT- JULY 6,262.83 67110 CONNECTIONS FOR THE HOMELESS 2013 ESG GRANT-AUGUST 3,116.86 67110 CONNECTIONS FOR THE HOMELESS 2013 ESG GRANT-SEPTEMBER 3,270.96 2128 EMERGENCY SOLUTIONS GRANT Total 12,650.65 2205 POLICE ADMINISTRATION 62245 EVANSTON CAR WASH & DETAIL CENTER CAR WASHES 232.00 62360 NELSON, KELLI VICTIM SERVICE ADVOCATE 1,887.21 62360 NORTHERN IL POLICE ALARM SYSTEM LANGUAGE LINE 15.00 62360 POLICE PSYCHOLOGICAL SERVICES INDIVIDUAL DEBRIEFING FOR OIS 150.00 62375 WEST GROUP PAYMENT CTR INFORMATION CHARGES 296.10 64005 COMED UTILITIES 335.82 64005 NICOR UTILITIES 266.89 2205 POLICE ADMINISTRATION Total 3,183.02 2210 PATROL OPERATIONS 65020 EVANSTON IMPRINTABLES, INC.EPD LOGO 199.59 65020 VCG UNIFORM UNIFORMS 125.95 65020 ARTISTIC ENGRAVING STAR REPAIRS 394.12 65085 SAFARILAND, LLC TRANSPORT HOODS 107.30 2210 PATROL OPERATIONS Total 826.96 2215 CRIMINAL INVESTIGATION 65095 EVIDENT INC.EVIDENCE SUPPLIES 245.50 2215 CRIMINAL INVESTIGATION Total 245.50 2225 SOCIAL SERVICES BUREAU 62370 OAKTON COMMUNITY COLLEGE TRAINING 25.00 2225 SOCIAL SERVICES BUREAU Total 25.00 2240 POLICE RECORDS 65095 OFFICE DEPOT OFFICE SUPPLIES 306.53 65095 OFFICE DEPOT OFFICE SUPPLIES 119.40 65095 OFFICE DEPOT OFFICE SUPPLIES 64.06 2240 POLICE RECORDS Total 489.99 2250 SERVICE DESK 62425 COLLEY ELEVATOR CO.ELEVATOR INSPECTION 181.00 65020 NATIONAL AWARD SERVICES MUGS 268.32 65040 SMITH MAINTENANCE JANITORIAL SUPPLIES 423.00 65125 WORD SYSTEMS INC USER AGREEMENT 1,170.00 2250 SERVICE DESK Total 2,042.32 2251 311 CENTER 64505 VERIZON WIRELESS COMMUNICATION CHARGES 38.01 64505 AT & T *311 SERVICE OCT 400.05 2251 311 CENTER Total 438.06 2255 OFFICE-PROFESSIONAL STANDARDS 61055 NET TRANSCRIPTS, INC.TRANSCRIPTS 48.30 2255 OFFICE-PROFESSIONAL STANDARDS Total 48.30 226 of 357 CITY OF EVANSTON BILLS LIST PERIOD ENDING 11/25/2014 2260 OFFICE OF ADMINISTRATION 62295 NORTHWESTERN UNIVERSITY POLICE DEPT.TRAINING 5,400.00 62295 PARROTT, JASON S REIMBURSEMENT IACP EXPO 78.00 2260 OFFICE OF ADMINISTRATION Total 5,478.00 2280 ANIMAL CONTROL 62225 ANDERSON PEST CONTROL PEST MANAGEMENT 52.76 65125 MCCORMICK ANIMAL HOSPITAL VET SERVICES 2,068.10 65125 MSF GRAPHICS, INC.ANIMAL SHELTER FORMS 213.00 65125 PETSMART KITTY LITTER 31.56 2280 ANIMAL CONTROL Total 2,365.42 2305 FIRE MGT & SUPPORT 62360 LUKE S HOLTHAUS REIMBURSEMENT PARAMEDIC LICENSE 60.00 62518 UL LLC LADDER TESTING 2,979.80 64540 VERIZON WIRELESS COMMUNICATION CHARGES 152.04 65020 AIR ONE EQUIPMENT HELMETS 530.00 2305 FIRE MGT & SUPPORT Total 3,721.84 2315 FIRE SUPPRESSION 62295 SAM'S CLUB DIRECT *SUPPLIES-TRAINING REFRESHMENTS 200.27 62295 DANIEL R. PHILIPAITIS REIMBURSEMENT IFSI CONFERENCE 965.00 62509 PRAXAIR DISTIBUTION INC MEDICAL OXYGEN 444.44 62605 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 192.30 65090 AIR ONE EQUIPMENT SAFETY SUPPLIES 355.00 65095 OFFICE DEPOT OFFICE SUPPLIES 200.07 65105 AIR ONE EQUIPMENT SAFETY SUPPLIES 310.00 65625 MUNICIPAL EMERGENCY SERVICES SCBA PARTS 1,315.00 2315 FIRE SUPPRESSION Total 3,982.08 2407 HEALTH SERVICES ADMIN 65025 SAM'S CLUB DIRECT *SUPPLIES-FOOD 11.32 65025 SAM'S CLUB DIRECT *SUPPLIES-FOOD 110.63 2407 HEALTH SERVICES ADMIN Total 121.95 2435 FOOD AND ENVIRONMENTAL HEALTH 62295 CHARLOTTE PICARD REIMBURSEMENT IDPH STD/HIV CONFERENCE 242.25 62345 COOK COUNTY RECORDER OF DEEDS RECORDINGS 168.00 62469 ABG SERVICES, INC.VACANT PROPERTY EXPENSE 440.00 62469 UNITED SERVICES BY PERMACO, INC.VACANT PROPERTY EXPENSE 295.00 62474 JELKS, CHARLTON PROPERTY MAINTENANCE FEE 189.00 2435 FOOD AND ENVIRONMENTAL HEALTH Total 1,334.25 2440 VITAL RECORDS 62490 ILLINOIS DEPARTMENT OF PUBLIC HEALTH DEATH CERTIFICATES 1,184.00 2440 VITAL RECORDS Total 1,184.00 2605 DIRECTOR OF PUBLIC WORKS 64540 VERIZON WIRELESS COMMUNICATION CHARGES 38.01 2605 DIRECTOR OF PUBLIC WORKS Total 38.01 2610 MUNICIPAL SERVICE CENTER 62360 SAM'S CLUB DIRECT *MEMBERSHIP DUES-CURTIS WILLIAMS 15.00 2610 MUNICIPAL SERVICE CENTER Total 15.00 2630 TRAFFIC ENGINEERING 62210 RYDIN SIGN & DECAL PRINTING OF 2015 PARKING LOT PERMITS, & HANG TAGS 1,496.49 2630 TRAFFIC ENGINEERING Total 1,496.49 2650 PARKS AND FORESTRY ADMIN 62375 METRO WATER RECLAMATION DISTRICT RENTAL FEE 1,510.00 2650 PARKS AND FORESTRY ADMIN Total 1,510.00 2655 PARKS & FORESTRY MAINT. & OPER. 62195 SKOKIE PARK DISTRICT MAINTENANCE COST SOCCER/DOG PARK 14,100.09 62385 LOOK PROPERTIES TREE REMOVAL 200.00 62385 SUNRISE TREE SERVICE INC TREE REMOVAL 1,920.00 65005 LURVEY LANDSCAPE SUPPLY PARKWAY TREE REPLACEMENT 295.00 65015 LURVEY LANDSCAPE SUPPLY FLEETWOOD LANDSCAPING FERTILIZER 26.50 65050 REINDERS, INC.MOWER PARTS 316.65 65050 REINDERS, INC.MOWER REPAIRS 200.00 65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 62.12 2655 PARKS & FORESTRY MAINT. & OPER. Total 17,120.36 2665 STREETS AND SANITATION ADMINIS 64540 VERIZON WIRELESS COMMUNICATION CHARGES 380.10 2665 STREETS AND SANITATION ADMINIS Total 380.10 2670 STREET AND ALLEY MAINTENANCE 65115 ARTS & LETTERS LTD.SIGN FABRICATION LETTERS 362.50 2670 STREET AND ALLEY MAINTENANCE Total 362.50 327 of 357 CITY OF EVANSTON BILLS LIST PERIOD ENDING 11/25/2014 2677 FACILITIES 62509 SCHNEIDER ELECTRIC BUILDINGS AMERICA BUILDING AUTOMATION SERVICES 6,078.00 65050 ADDISON STEEL INC.STEEL DOOR FRAM FOR CROWN PARK 1,879.00 65050 JASCO ELECTRIC CORPORATION FOSTER PARK LIGHT POLE REPAIR 6,600.00 2677 FACILITIES Total 14,557.00 3005 REC. MGMT. & GENERAL SUPPORT 62295 MYRA A GORMAN TRAVEL EXPENSE REIMBURSEMENT 175.00 3005 REC. MGMT. & GENERAL SUPPORT Total 175.00 3010 REC. BUSINESS & FISCAL MGMT 62365 KEVIN SPARKMON SECURITY FOR PRIVATE PARTY WITH ALCOHOL 68.00 62705 PLUG & PAY TECHNOLOGIES CREDIT CARD PROCESSING VIA THE WEB 18.10 62705 PLUG & PAY TECHNOLOGIES FEE FOR CREDIT CARD PROCESSING 75.22 3010 REC. BUSINESS & FISCAL MGMT Total 161.32 3020 REC GENERAL SUPPORT 65125 VERIZON WIRELESS COMMUNICATION CHARGES 418.11 3020 REC GENERAL SUPPORT Total 418.11 3025 PARK UTILITIES 64005 COMED UTILITIES 2,662.56 64015 NICOR UTILITIES 139.65 3025 PARK UTILITIES Total 2,802.21 3030 CROWN COMMUNITY CENTER 62505 FONSECA MARTIAL ARTS MARTIAL ARTS INSTRUCTION 4,879.00 62505 MICHELLE A. VAN DER KARR ADULT DANCE INSTRUCTOR: SALSA 80.00 65025 SAM'S CLUB DIRECT *SUPPLIES-PRESCHOOL SNACK 341.24 65110 SAM'S CLUB DIRECT *SUPPLIES-PRESCHOOL 239.93 65110 SAM'S CLUB DIRECT *SUPPLIES-PRESCHOOL SNACK 46.83 65110 SAM'S CLUB DIRECT *SUPPLIES-SNACKS 81.04 3030 CROWN COMMUNITY CENTER Total 5,668.04 3035 CHANDLER COMMUNITY CENTER 62506 NORTHWESTERN UNIVERSITY WORK STUDY STAFF 4,196.89 65095 OFFICE DEPOT OFFICE SUPPLIES 50.06 65110 SAM'S CLUB DIRECT *SUPPLIES-SNACKS FOR SPECIAL EVENTS 71.61 65110 WILL ENTERPRISES EXTRA STAFF T-SHIRTS FOR CAMP 124.25 3035 CHANDLER COMMUNITY CENTER Total 4,442.81 3040 FLEETWOOD JOURDAIN COM CT 62210 EVANSTON PHOTOGRAPHIC STUDIOS FJT SOUND & VIDEO 450.00 62225 STA-KLEEN INC.MAINTENANCE SERVICE OF STOVE 39.00 62225 SUPERIOR INDUSTRIAL SUPPLY CUSTODIAL SUPPLIES 59.70 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 41.00 65025 CATHOLIC CHARITIES OF CHICAGO CONGREGATE MEAL PROGRAM 1,347.80 65040 LAPORT INC JANITORIAL SUPPLIES 180.10 65095 OFFICE DEPOT OFFICE SUPPLIES 139.90 65110 COMCAST CABLE CABLE SERVICES 102.47 3040 FLEETWOOD JOURDAIN COM CT Total 2,359.97 3045 FLEETWOOD/JOURDAIN THEATR 62490 KAISER-AMARAL, SARAH SET DESIGN SAMMY DAVIS JR 200.00 62490 JUNEITHA SHAMBEE FJT ASSISTANT 700.00 3045 FLEETWOOD/JOURDAIN THEATR Total 900.00 3050 RECREATION OUTREACH PROGRAM 62490 FORTSON, ERJAN KARATE AND SELF DEFENSE INSTRUCTOR 851.62 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 33.33 62511 JENEVIEVE ARCENEAUX FACE PAINTING AT FJCC HALLOWEEN PARTY 250.00 62511 MUSE OF FIRE THEATRE COMPANY SHAKESPEARIAN LITERATURE FJT WRKSHP 300.00 62511 MUSE OF FIRE THEATRE COMPANY SHAKESPEARIAN LITERATURE FJT WRKSHP 200.00 62511 JACQULINE GAIL ROSEBOROUGH POETRY READINGS FOUNTAIN SQUARE 100.00 3050 RECREATION OUTREACH PROGRAM Total 1,734.95 3055 LEVY CENTER SENIOR SERVICES 56045 ILLINOIS DEPT OF REVENUE *SALES TAX OCTOBER 2014 53.00 62245 FOLDING PARTITION SERVICES REPAIR DROP SEAL MECHANISMS 320.00 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 44.94 62505 BAKER, BRADLEY ECT DIRECTOR FALL 2014 HOBBIT 510.00 62505 POWELL, MATTHEW ECT SET DESIGN/BUILD FALL 2014 HOBBIT 400.00 62505 DEALY, MATTHEW JOSEPH ASSIST DIRECTOR ECT FALL 2014 HOBBIT 300.00 62505 TEY, ALEX ECT CHOREOGRAPHER FALL 2014 HOBBIT 250.00 62505 MALGORZATA JANKIEWICZ INSTRUCTION OF 8 WEEK BEADING CLASS 430.00 428 of 357 CITY OF EVANSTON BILLS LIST PERIOD ENDING 11/25/2014 62511 COMCAST CABLE CABLE SERVICES 134.08 62695 303 TAXI TAXI COUPON REIMBURSEMENT 11,094.00 62695 AMERICAN CHARGE SERVICE TAXI COUPON REIMBURSEMENT 174.00 65020 WILL ENTERPRISES STAFF SHIRTS 97.27 65025 CATHOLIC CHARITIES OF CHICAGO CONGREGATE MEAL PROGRAM 3,270.75 65095 OFFICE DEPOT OFFICE SUPPLIES 652.41 3055 LEVY CENTER SENIOR SERVICES Total 17,730.45 3080 BEACHES 65040 LAPORT INC JANITORIAL SUPPLIES 123.39 65055 PATTERSON MEDICAL SUPPLY, INC BOUYS, CHANNEL MARKERS & BARRIER FLOAT 2,211.00 3080 BEACHES Total 2,334.39 3095 CROWN ICE RINK 62508 SHAWN PFEIFFER REFEREE ADULT BROOMBALL NOV 2 (5 GAMES)150.00 62508 SHAWN PFEIFFER REFEREE FOR ADULT BROOM BALL 330.00 62508 KRISTOFER KNUTSON REFEREE ADULT BROOMBALL NOV 2 (5 GAMES)150.00 62508 KRISTOFER KNUTSON REFEREE FOR ADULT BROOMBALL 330.00 62508 LAPPING, RENEE SCOREKEEPER ADULT BROOMBALL 143.00 62508 LAPPING, RENEE SCOREKEEPER ADULT BROOMBALL 65.00 65110 GARRISON, DEAN *MUSICAL PRODUCTION 787.50 3095 CROWN ICE RINK Total 1,955.50 3100 SPORTS LEAGUES 62508 BACH, JAY UMPIRE FOR ADULT SOFTBALL LEAGUE 70.00 62508 ZIMMERMAN, JAY UMPIRE FOR ADULT SOFTBALL LEAGUE 770.00 62508 MORRIS SCHWARTZ UMPIRE FOR ADULT SOFTBALL LEAGUE 719.00 62508 FRANKLIN, STEVE UMPIRE FOR ADULT SOFTBALL LEAGUE 315.00 62508 EKERMAN, IRV UMPIRE FOR ADULT SOFTBALL LEAGUE 229.00 62508 HEALY, JOHN P.UMPIRE FOR ADULT SOFTBALL LEAGUE 70.00 62508 WAGNER, DAVID UMPIRE FOR ADULT SOFTBALL LEAGUE 490.00 3100 SPORTS LEAGUES Total 2,663.00 3130 SPECIAL RECREATION 62360 SAM'S CLUB DIRECT *MEMBERSHIP DUES-MYRA GORMAN 15.00 3130 SPECIAL RECREATION Total 15.00 3215 YOUTH ENGAGEMENT DIVISION 62210 ON TRACK FULFILLMENT INC.DESCRIPTION CARDS 175.00 62295 CHRISTINA FERRARO REIMBURSEMENT FOR TOLLS PAID 102.60 62490 ENTERPRISE RENT A CAR MSYEP VAN RENTAL 6,535.11 3215 YOUTH ENGAGEMENT DIVISION Total 6,812.71 3605 ECOLOGY CENTER 56045 ILLINOIS DEPT OF REVENUE *SALES TAX OCTOBER 2014 37.00 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 64.97 65095 OFFICE DEPOT OFFICE SUPPLIES 23.99 65110 JACK'S TENTS & PRODUCTIONS, INC.TENTS FOR LIVING GREEN FESTIVAL 1,995.00 3605 ECOLOGY CENTER Total 2,120.96 3700 NOYES CULTURAL ARTS CTR 62665 LITERATURE FOR ALL OF US *CULTURAL CONTRIBUTION 800.00 3700 NOYES CULTURAL ARTS CTR Total 800.00 3710 NOYES CULTURAL ARTS CENTER 62210 KAISER-AMARAL, SARAH REIMBURSEMENT OPEN HOUSE POST CARD 134.99 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 39.14 64005 COMED UTILITIES 703.91 3710 NOYES CULTURAL ARTS CENTER Total 878.04 3720 CULTURAL ARTS PROGRAMS 62360 SAM'S CLUB DIRECT *MEMBERSHIP DUES-ANGELA ALLYN 15.00 62490 WOODBURY, AMY O.REIMBURSEMENT ART WORK 25.00 62490 TODD, VERNA REIMBURSEMENT ART WORK 35.00 62490 PRESANT, JENNIFER REIMBURSEMENT ART WORK 50.00 62490 ORR, KATHERINE REIMBURSEMENT ART WORK 37.50 62490 KAISER, SARAH REIMBURSEMENT ART WORK 35.00 62490 ALICE GEORGE REIMBURSEMENT ART WORK 42.50 65110 NATIONAL AWARD SERVICES PLAQUES FOR MAYOR'S ARTS AWARDS 176.00 65110 OFFICE DEPOT OFFICE SUPPLIES 69.62 3720 CULTURAL ARTS PROGRAMS Total 485.62 3805 FACILITIES ADMINISTRATION 64005 COMED UTILITIES 68.21 3805 FACILITIES ADMINISTRATION Total 68.21 100 GENERAL FUND Total 301,350.69 529 of 357 CITY OF EVANSTON BILLS LIST PERIOD ENDING 11/25/2014 175 GENERAL ASSISTANCE FUND 4605 GENERAL ASSISTANCE ADMIN 62490 OAKTON COMMUNITY COLLEGE GA PROGRAM 90.00 64578 PRESENCE BEHAVIORAL HEALTH GENERAL ASSISTANCE 27.58 4605 GENERAL ASSISTANCE ADMIN Total 117.58 175 GENERAL ASSISTANCE FUND Total 117.58 195 NEIGHBORHOOD STABILIZATION FUND 5005 NSP-GENERAL ADMINISTRATION 62295 JACOBS, APRIL REIMBURSEMENT CDM CONFERENCE 85.80 5005 NSP-GENERAL ADMINISTRATION Total 85.80 195 NEIGHBORHOOD STABILIZATION FUND Total 85.80 205 EMERGENCY TELEPHONE (E911) FUND 5150 EMERGENCY TELEPHONE SYSTM 62225 POWER PHONE INC ANNUAL SUBSCRIPTION 1,437.35 62509 IRON MOUNTAIN OSDP OFF-SITE DATA PROTECTION EXPENSES 405.21 64505 AT & T COMMUNICATION CHARGES 72.68 64505 AT & T COMMUNICATION CHARGES 477.57 64540 VERIZON WIRELESS COMMUNICATION CHARGES 2,964.78 5150 EMERGENCY TELEPHONE SYSTM Total 5,357.59 205 EMERGENCY TELEPHONE (E911) FUND Total 5,357.59 210 SPECIAL SERVICE AREA (SSA) #4 FUND 5160 SPECIAL SERVICE AREA #4 62517 EVMARK 4TH QUARTER PAYMENT FOR OPERATING FUNDS 80,000.00 5160 SPECIAL SERVICE AREA #4 Total 80,000.00 210 SPECIAL SERVICE AREA (SSA) #4 FUND Total 80,000.00 215 CDBG FUND 5170 PUBLIC IMPROVEMENTS 63030 ELCAST LIGHTING SNAP LIGHTING PROGRAM 16,203.96 5170 PUBLIC IMPROVEMENTS Total 16,203.96 5220 CDBG ADMINISTRATION 62295 JACOBS, APRIL REIMBURSEMENT CDM CONFERENCE 85.80 5220 CDBG ADMINISTRATION Total 85.80 5240 PUBLIC SERVICES 53120 MEALS AT HOME FOOD FOR SENIORS & PEOPLE W/ DISABILITIES 7,000.00 62930 GIRL SCOUTS OF GREATER CHICAGO &HEALTHY LIVING INITIATIVE 2,150.00 62935 JAMES B. MORAN CENTER FOR YOUTH ADVOCACY LEGAL/SOCIAL WORK 14,000.00 62940 LEGAL ASSIST. FOUNDATION OF CHICAGO EVANSTON LEGAL SERVICES 3,000.00 62945 YOUTH JOB CENTER OF EVANSTON YOUTH EMPLOYMENT INITIATIVE 12,500.00 62954 HOUSING OPTIONS FOR THE MENTALLY ILL I-WORK PROGRAM 10,000.00 62955 EVANSTON/NORTHSHORE YWCA YWCA DOMESTIC VIOLENCE SERVICES 10,250.00 62960 INTERFAITH ACTION OF EVANSTON EMPLOYMENT COUNSELING PROGRAM 1,200.00 62980 NORTH SHORE SENIOR CENTER CASE MANAGEMENT SERVICES 7,500.00 62985 OPEN COMMUNITIES HOME SHARING PROGRAM 5,500.00 63072 EVANSTON SCHOLARS COLLEGE READINESS PROGRAM 2,150.00 63125 OPEN STUDIO PROJECT ART & ACTION PROGRAM 2,000.00 67030 FAMILY FOCUS INC.FUTURE FOCUS YOUTH PROGRAM 10,000.00 5240 PUBLIC SERVICES Total 87,250.00 215 CDBG FUND Total 103,539.76 220 CDBG LOAN FUND 5285 MULTI FAM REHAB PROGRAM 65535 ENVIRONMENTAL SERVICES FIRM, INC.LEAD RISK ASSESSMENT- IDIS#1100 450.00 5285 MULTI FAM REHAB PROGRAM Total 450.00 220 CDBG LOAN FUND Total 450.00 225 ECONOMIC DEVELOPMENT FUND 5300 ECON. DEVELOPMENT FUND 62659 EVMARK ECONOMIC DEVELOPMENT CONTRIBUTION 34,500.00 5300 ECON. DEVELOPMENT FUND Total 34,500.00 225 ECONOMIC DEVELOPMENT FUND Total 34,500.00 630 of 357 CITY OF EVANSTON BILLS LIST PERIOD ENDING 11/25/2014 240 HOME FUND 5430 HOME FUND 62490 COOK COUNTY RECORDER OF DEEDS RECORDINGS 80.00 5430 HOME FUND Total 80.00 240 HOME FUND Total 80.00 250 AFFORDABLE HOUSING FUND 5465 AFFORDABLE HOUSING 65535 COOK COUNTY RECORDER OF DEEDS RECORDINGS 56.00 5465 AFFORDABLE HOUSING Total 56.00 250 AFFORDABLE HOUSING FUND Total 56.00 300 WASHINGTON NATIONAL TIF FUND 5470 WASHINGTON NAT'L TIF DS 62605 EVMARK LANDSCAPING & MAINTENANCE SERVICES 24,667.50 5470 WASHINGTON NAT'L TIF DS Total 24,667.50 300 WASHINGTON NATIONAL TIF FUND Total 24,667.50 310 HOWARD-HARTREY TIF FUND 5500 HOWARD-HARTREY TIF DEBT SRVCE 62605 AUTOBARN MOTORS, LTD.AUTOBARN REHAB WORK 175,830.00 5500 HOWARD-HARTREY TIF DEBT SRVCE Total 175,830.00 310 HOWARD-HARTREY TIF FUND Total 175,830.00 415 CAPITAL IMPROVEMENTS FUND 4150 CAPITAL PROJECTS 416052 62135 LURVEY LANDSCAPE SUPPLY FALL FLOWERS-VARIOUS LOCATIONS 78.45 416052 62135 LURVEY LANDSCAPE SUPPLY FLEETWOOD LANDSCAPING 815.50 416052 62135 LURVEY LANDSCAPE SUPPLY FLEETWOOD NEW PLANTING 1,176.90 416052 62135 LURVEY LANDSCAPE SUPPLY FLEETWOOD TREE REPLACEMENT 165.00 416052 62135 LURVEY LANDSCAPE SUPPLY HARPER GARDENS LANDSCAPING 840.00 416052 62135 LURVEY LANDSCAPE SUPPLY SERVICE CENTER LANDSCAPING 175.00 589105 62135 TESKA ASSOCIATES, INC.FOUNTAIN SQUARE VISIONING 5,885.00 416052 62135 INTRINSIC PERENNIAL GARDENS, INC.NEW PLANTINGS FLEETWOOD 774.00 416127 62145 SMITHGROUPJJR, INC.RFP 14-37, CHURCH STREET BOAT RAMP 2,944.14 415924 62145 INFRASTRUCTURE ENGINEERING, INC ENGINEERING SERVICES-CENTRAL ST PROJECT 11,547.48 415414 65502 CLAUSS BROTHERS, INC.ARRINGTON LAKEFRONT LAGOON PROJECT 303,342.30 415423 65502 MIDWEST FENCE COMPANY DEMPSTER BEACH BOAT RACK EXPANSION 58,839.21 415414 65502 SHEMIN NURSERIES INC LANDSCAPING 1,238.75 416052 65515 LURVEY LANDSCAPE SUPPLY HARPER GARDENS LANDSCAPING 60.00 415175 65515 FORWARD SPACE LLC D/B/A OFFICE 12 LEATHER CHAIRS FOR ALDERMAN-CHAMBERS 7,706.88 4150 CAPITAL PROJECTS Total 395,588.61 415 CAPITAL IMPROVEMENTS FUND Total 395,588.61 505 PARKING SYSTEM FUND 7005 PARKING SYSTEM MGT 53510 COOK COUNTY COLLECTOR *PARKING TAXES 110.16 62431 GARDA CASH LOGISTICS ARMORED CAR SERVICES 1,400.73 68205 VERIZON WIRELESS COMMUNICATION CHARGES 76.06 7005 PARKING SYSTEM MGT Total 1,586.95 7015 PARKING LOTS & METERS 64005 COMED UTILITIES 459.48 7015 PARKING LOTS & METERS Total 459.48 7025 CHURCH STREET GARAGE 53500 COOK COUNTY COLLECTOR *PARKING TAXES 1,667.95 62400 CENTRAL PARKING SYSTEM OF ILLINOIS PARKING LOT MANAGEMENT 25,345.05 7025 CHURCH STREET GARAGE Total 27,013.00 7036 SHERMAN GARAGE 53500 COOK COUNTY COLLECTOR *PARKING TAXES 2,235.42 62400 CENTRAL PARKING SYSTEM OF ILLINOIS PARKING LOT MANAGEMENT 57,450.38 62660 INLAND AMERICAN RETAIL MANAGEMENT LLC MAINTENANCE 7,016.41 62660 INLAND AMERICAN RETAIL MANAGEMENT LLC SALT INVOICE 240.25 7036 SHERMAN GARAGE Total 66,942.46 731 of 357 CITY OF EVANSTON BILLS LIST PERIOD ENDING 11/25/2014 7037 MAPLE GARAGE 53500 COOK COUNTY COLLECTOR *PARKING TAXES 2,581.24 53510 COOK COUNTY COLLECTOR *PARKING TAXES 428.40 62400 CENTRAL PARKING SYSTEM OF ILLINOIS PARKING LOT MANAGEMENT 49,895.98 64015 NICOR UTILITIES 84.78 7037 MAPLE GARAGE Total 52,990.40 505 PARKING SYSTEM FUND Total 148,992.29 510 WATER FUND 7100 WATER GENERAL SUPPORT 56140 ILLINOIS DEPT OF REVENUE *SALES TAX OCTOBER 2014 793.00 62295 KEVIN G LOOKIS REIMBURSEMENT IPWSOA CONFERENCE 416.52 62295 DAVID STONEBACK REIMBURSEMENT AWWA CONFERENCE 129.00 62315 FEDERAL EXPRESS CORP.OVERNIGHT SHIPPING 20.11 62360 AMERICAN WATER WORKS ASSN AWWA MEMBERSHIP DUES 3,431.00 64505 BYTRONICS, INC., BASIN TECH CENTRE DIG TRACK TICKETS 136.00 65095 OFFICE DEPOT OFFICE SUPPLIES 509.57 65555 CDS OFFICE TECHNOLOGIES SEMI-TOUGHBOOK CF- 53 FOR UTILITIES 2,255.00 7100 WATER GENERAL SUPPORT Total 7,690.20 7105 PUMPING 64005 COMED UTILITIES 86.36 64540 VERIZON WIRELESS COMMUNICATION CHARGES 76.02 7105 PUMPING Total 162.38 7110 FILTRATION 62465 UNDERWRITERS LABORATORIES INC.2014 LABORATORY TESTING 827.00 64540 VERIZON WIRELESS COMMUNICATION CHARGES 76.02 65015 ALEXANDER CHEMICAL CORPORATION LIQUID CHLORINE 3,315.00 7110 FILTRATION Total 4,218.02 7115 DISTRIBUTION 62210 ON TRACK FULFILLMENT INC.SHIPPING SUPPLIES 75.00 62275 ON TRACK FULFILLMENT INC.SHIPPING SUPPLIES 27.20 64540 VERIZON WIRELESS COMMUNICATION CHARGES 76.02 65055 MID AMERICAN WATER OF WAUCONDA INC. TRANSITION SLEEVES & DUCTILE IRON PIPE 2,256.40 65055 MID AMERICAN WATER OF WAUCONDA INC. WATER DISTRIBUTION SYSTEM MATERIALS 7,750.84 65055 WATER PRODUCTS CO.TRANSITION SLEEVES 1,734.00 7115 DISTRIBUTION Total 11,919.46 7120 WATER METER MAINTENANCE 62245 WATER SERVICES COMPANY METER TESTING 3,653.07 65070 WATER RESOURCES METERS 9,250.00 7120 WATER METER MAINTENANCE Total 12,903.07 7125 OTHER OPERATIONS 62180 BURNS & MCDONNELL UPDATE WTP VALUATION 4,050.00 62315 INFOSEND, INC.ANNUAL COST OF WATER BILLING 165.57 62455 INFOSEND, INC.UTILITY BILL PRINTING & MAILING SERVICES 1,609.89 65080 HD SUPPLY WATERWORKS, LTD.TAPPING SLEEVE & VALVE W/ ACCESSORIES 2,300.00 7125 OTHER OPERATIONS Total 8,125.46 7130 WATER CAPITAL OUTLAY 65702 MCMASTER CARR STAIRCASE FOR THE SOUTH STANDPIPE 2,328.18 65702 GENERAL MEDICAL DEVICES PHYSIO-CONTROL LIFEPAK CR+1,998.00 7130 WATER CAPITAL OUTLAY Total 4,326.18 510 WATER FUND Total 49,344.77 513 WATER DEPR IMPRV & EXTENSION FUND 7330 WATER FUND DEP, IMP, EXT 62145 CDM SMITH, INC.14-10 RESERVOIR PLANNING STUDY 25,093.04 733092 62145 TANK INDUSTRY CONSULTANTS NORTH STANDPIPE EVALUATION (RFP 13-61)4,395.00 733101 65515 WATER RESOURCES AMI SYSTEM 14,700.00 733101 65515 WATER RESOURCES AMI SYSTEM (13-04) - REMAINING AMOUNT 5,917.55 733101 65515 HARRIS COMPUTER SYSTEMS 50% OF J32639 AMI INTERFACE W/ NEPTUNE 5,670.00 733122 65515 DAHME MECHANICAL INDUSTRIES, INC.CHLORINE FEED SYSTEM IMPROVEMENTS 14,836.00 733074 65515 LAKE ERIE DIVING, INC.48" INTAKE IMPROVEMENT PROJECT 14-04 208,800.00 7330 WATER FUND DEP, IMP, EXT Total 279,411.59 513 WATER DEPR IMPRV & EXTENSION FUND Total 279,411.59 515 SEWER FUND 7400 SEWER MAINTENANCE 62415 G & L CONTRACTORS, INC DEBRIS HAULING (13-63)1,280.00 62461 STANDARD EQUIPMENT COMPANY VACTOR RENTAL, 1 MONTH 12,499.00 64540 VERIZON WIRELESS COMMUNICATION CHARGES 38.01 7400 SEWER MAINTENANCE Total 13,817.01 515 SEWER FUND Total 13,817.01 832 of 357 CITY OF EVANSTON BILLS LIST PERIOD ENDING 11/25/2014 520 SOLID WASTE FUND 520 SOLID WASTE SUPPORT 22700 GARDEN RIDGE C/O 1ST COMMUNITY MG REFUND OVERPAYMENT #5551500-01 4,053.31 520 SOLID WASTE SUPPORT Total 4,053.31 7685 REFUSE COLLECT & DISPOSAL 56155 ILLINOIS DEPT OF REVENUE *SALES TAX OCTOBER 2014 172.00 65625 VERIZON WIRELESS COMMUNICATION CHARGES 42.12 7685 REFUSE COLLECT & DISPOSAL Total 214.12 520 SOLID WASTE FUND Total 4,267.43 600 FLEET SERVICES FUND 7705 GENERAL SUPPORT 64540 VERIZON WIRELESS COMMUNICATION CHARGES 38.01 7705 GENERAL SUPPORT Total 38.01 7710 MAJOR MAINTENANCE 62355 CINTAS #22 WEEKLY UNIFORM SERVICE 433.44 62355 CINTAS CORPORATION #769 WEEKLY MAT SERVICE 182.28 65015 CERTIFIED LABORATORIES PREMALUBE RED 819.17 65035 WARREN'S SHELL SERVICE MOTORCYCLE FUEL 497.52 65035 PALATINE OIL COMPANY, INC 8,000 GALLONS 87 OCTANE 20,149.68 65060 ALLTECH AUTO INC.#41 BODY REPAIRS 990.00 65060 BUCK BROTHERS, INC.#603 BUSHING 15.70 65060 DOUGLAS TRUCK PARTS WELDED BOX 70.00 65060 HAVEY COMMUNICATIONS INC.EMERGENCY LIGHTING & SIRENS 245.92 65060 HAVEY COMMUNICATIONS INC.SIREN AMPLIFIER 538.80 65060 INTERSTATE BATTERY OF NORTHERN CHICAGO #48 BATTERIES 60.50 65060 LAKE/COOK C.V. JOINTS INC #716 DRIVE SHAFT REPAIR 130.00 65060 LEACH ENTERPRISES, INC.#328 BRAKE RELAY 140.00 65060 LEACH ENTERPRISES, INC.OIL FILTER 117.92 65060 LEACH ENTERPRISES, INC.RELAY VALVE 100.94 65060 LEACH ENTERPRISES, INC.SEAL BEAM 27.00 65060 MONROE TRUCK EQUIPMENT #616 PUMP 1,100.47 65060 MONROE TRUCK EQUIPMENT DOUBLE PAYMENT -574.66 65060 MONROE TRUCK EQUIPMENT MONROE SNOW PLOW PARTS 2,150.60 65060 NORTH SHORE TOWING #428 TOW FROM GLENVIEW 115.00 65060 SES INC SNOW MELTER REPAIRS 3,141.51 65060 STANDARD EQUIPMENT COMPANY STREET SWEEPER BELTS 1,245.73 65060 WHOLESALE DIRECT INC LIGHTING 267.37 65060 WHOLESALE DIRECT INC LIGHTING PARTS 171.12 65060 WHOLESALE DIRECT INC STRAPS 28.75 65060 WIRFS INDUSTRIES INC.#325 DELUGE REPAIRS 738.50 65060 WIRFS INDUSTRIES INC.ENG#328 ANNUAL PUMP TEST 3,495.99 65060 WEST SIDE EXCHANGE #680 ARM REST/ SUN VISOR 366.60 65060 SPEX HAND WASH CAR WASHES 1,454.00 65060 CARQUEST EVANSTON #532 SWITCH STOPLIGHT 12.45 65060 CARQUEST EVANSTON AIR FILTERS 125.84 65060 CARQUEST EVANSTON AIR FILTERS 31.86 65060 CARQUEST EVANSTON ANTI SEIZE LUBRICANT 9.19 65060 CARQUEST EVANSTON AUTOMOTIVE PARTS & ACCESSORIES 12.45 65060 CARQUEST EVANSTON BRAKE HOSE 20.34 65060 CARQUEST EVANSTON BULB SOCKETS 13.74 65060 CARQUEST EVANSTON FLEX FUNNEL 8.35 65060 CARQUEST EVANSTON FUEL FILTER 6.40 65060 CARQUEST EVANSTON GREASE HOSE 84.44 65060 CARQUEST EVANSTON HEATER HOSE 197.50 65060 CARQUEST EVANSTON HYDRO QUICL COUPLER 187.53 65060 CARQUEST EVANSTON MOTOR OIL 47.40 65060 CARQUEST EVANSTON RETURNED PARTS -149.05 65060 CARQUEST EVANSTON STD MINIATURE LAMP 203.01 65060 GOLF MILL FORD #166 CALIPERS 323.06 65060 GOLF MILL FORD #166 FR/RR PADS & ROTORS 443.18 65060 GOLF MILL FORD #40 FR STRUTS 316.06 65060 GOLF MILL FORD #40 FRONTEND REPAIR 1,151.08 65060 GOLF MILL FORD #528 STEERING TUBE 73.74 65060 GOLF MILL FORD #529 BRAKE CALIPERS 278.52 65060 GOLF MILL FORD #634 BRAKE ROTORS 614.04 65060 GOLF MILL FORD #634 O RINGS 77.54 65060 GOLF MILL FORD BUCKLE ASSY 79.09 65060 GOLF MILL FORD RETURNED PARTS -35.00 65060 GOLF MILL FORD STARTER 304.94 65060 CHICAGO PARTS & SOUND, LLC A/C ACCUMULATOR 208.41 65060 CHICAGO PARTS & SOUND, LLC DOOR MOTORS 50.20 933 of 357 CITY OF EVANSTON BILLS LIST PERIOD ENDING 11/25/2014 65060 CHICAGO PARTS & SOUND, LLC WINTER BLADES 47.90 65060 ADVANCED PROCLEAN INC.POWER WASHING EQUIPMENT 1,123.70 65060 APC STORES, INC., DBA BUMPER TO BUMPER BALL JOINTS 109.95 65060 APC STORES, INC., DBA BUMPER TO BUMPER BULB SOCKETS 25.16 65060 APC STORES, INC., DBA BUMPER TO BUMPER FLEX FUNNEL 3.39 65060 THE CHEVROLET EXCHANGE #634 WESTERN PLOW TRUCK MOUNT 448.50 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #717 DOOR LATCH 302.50 65065 CITY WELDING SALES & SERVICE INC.WELDING CASES 80.90 65065 MCCANN INDUSTRIES, INC.BULK TRANS FLUID 1,016.25 65065 WENTWORTH TIRE SERVICE 5 TIRE RECAPS 1,062.00 65065 WENTWORTH TIRE SERVICE NEW TIRE 574.58 65065 WENTWORTH TIRE SERVICE NEW TIRES 682.45 65065 WENTWORTH TIRE SERVICE TIRE REPAIR 129.00 65085 KENNETH A. WALUSIAK TOOL REIMBURSEMENT 800.00 7710 MAJOR MAINTENANCE Total 49,322.44 600 FLEET SERVICES FUND Total 49,360.45 601 EQUIPMENT REPLACEMENT FUND 7780 VEHICLE REPLACEMENTS 62375 UNITED RENTALS ROLLER RENTAL FOR STREET DIVISION 2,256.30 65550 HAVEY COMMUNICATIONS INC. EMERGENCY LIGHTING & SIRENS 245.93 65550 HAVEY COMMUNICATIONS INC. SIREN AMPLIFIER 538.80 65550 CURRIE MOTORS #528 VEHICLE REPLACEMENTS 55,467.00 65550 CURRIE MOTORS NEW POLICE VEHICLE 25,052.00 7780 VEHICLE REPLACEMENTS Total 83,560.03 601 EQUIPMENT REPLACEMENT FUND Total 83,560.03 605 INSURANCE FUND 7801 EMPLOYEE BENEFITS 66050 HSA BANK, A DIVISION OF WEBSTER BANK N.A MONTHLY INVOICE 17.50 7801 EMPLOYEE BENEFITS Total 17.50 605 INSURANCE FUND Total 17.50 700 FIRE PENSION FUND 8000 FIREFIGHTERS' PENSION 61755 HENEGHAN, SEAN *CONTINUING EDUCATION 400.00 61755 NORTHERN TRUST COMPANY *MANAGEMENT FEE 2,507.64 61755 BURKE, BURNS & PINELLI, LTD. *LEGAL FEES 6,613.27 61755 GRAYSTONE CONSULTING *INVESTMENT ADVISORY FEES 13,094.91 8000 FIREFIGHTERS' PENSION Total 22,615.82 700 FIRE PENSION FUND Total 22,615.82 Grand Total 1,773,010.42 1034 of 357 CITY OF EVANSTON BILLS LIST PERIOD ENDING 11/25/2014 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT SUPPLEMENTAL BILLS LIST ATTACHMENT GENERAL 2315.53675 VARIOUS AMBULANCE REFUNDS 2,425.69 100.21705 VARIOUS RECTRAC REFUNDS 1,336.00 3,761.69 INSURANCE VARIOUS VARIOUS WORKERS COMP 8,926.94 VARIOUS VARIOUS WORKERS COMP 9,652.70 18,579.64 SEWER 7605.68305 IEPA LOAN DISBURSEMENT SEWER FUND 307,636.02 7622.68305 IEPA LOAN DISBURSEMENT SEWER FUND 165,695.83 7623.68305 IEPA LOAN DISBURSEMENT SEWER FUND 291,948.30 7525.68305 IEPA LOAN DISBURSEMENT SEWER FUND 317,397.49 1,082,677.64 1,105,018.97 Grand Total 2,878,029.39 PREPARED BY DATE APPROVED BY DATE 1135 of 357 For City Council meeting of November 24, 2014 Item A3.1 Business of the City by Motion: Civic Center Parking Lot Contract Award For Action To: Honorable Mayor and Members of the City Council Members of the Administration & Public Works Committee From: Suzette Robinson, Director of Public Works Sat Nagar, P.E., City Engineer Subject: Civic Center Sustainable Parking Lot Reconstruction Date: November 17, 2014 Recommended Action: Staff recommends the City Council authorize the City Manager to execute a contract in response to Bid 14-60, awarding the Civic Center Sustainable Parking Lot reconstruction contract to A. Lamp Concrete Contractors Inc. (1900 Wright Blvd., Schaumburg, IL 60193) in the amount of $1,400,000. Funding Source: MWRD Grant Fund $750,000 Parking Fund * $650,000 Total *The budget allocation from the Parking Fund for this project is $500,000 for FY2015. Staff will monitor all Parking Fund projects to remain within the budget for 2015. Summary: The City of Evanston received grant from Metropolitan Water Reclamation District (MWRD) to reconstruct the Civic Center Parking lot as a sustainable parking lot. The MWRD awarded a grant of $750,000 to reconstruct the parking lot in September this year. City staff completed the construction plans for the proposed parking lot improvements and the project was let in September this after the City Council approved Inter Governmental Agreement. The proposed improvements include porous concrete sidewalk, porous asphalt parking area and paver block parking stalls. The drive lane though the parking lot will be regular asphalt paving. As part of this parking lot rehabilitation project, a new parking lot is proposed south of the Civic Center building. This proposed parking lot addition will be an asphalt parking lot to reduce the total construction cost. Memorandum 36 of 357 The bid documents were prepared by the City staff and were sent to potential bidders. The construction contract was advertised in September in Chicago Tribune, the State Contractors Bulletin and on the Demand Star. The bids were opened on October 21, 2014. Bids were submitted by Chicagoland Paving Contractors (Lake Zurich, IL), A. Lamp Concrete Contractors, Inc. (Schaumberg, IL), Elenar Construction (Chicago, IL), Landmark (Huntley, IL), Berger Excavating Contractor (Wauconda, IL), and Kovilic Construction (Franklin park, IL). The bid results are correct and in order. A copy of the bid tabulation is enclosed. CONTRACTOR BID PRICE Chicagoland Paving $1,499,900.00 A. Lamp Concrete Contractors $1,582,329.00 Elenar Construction $1,723,693.75 Landmark $1,857,744.35 Berger Excavating Contractor $1,883,528.75 Kovilic Construction $2,129,174.00 The engineer’s estimate for this project is $1,382,677. The low bid contractor Chicagoland is not in compliance with MWEBE & LEP requirements of the project. The second low bidder A. Lamp Concrete Contractors Inc., whose bid is 5.5% higher, is in compliance with the M/W/EBE and LEP goals of the City. A. Lamp Concrete Contractors Inc., meets the M/W/EBE goal by subcontracting 26% of the total contract price with, Ozinga Ready Mix, Alas Trucking, and Markings Specialist. The M/W/EBE schedule and supporting documentation have been reviewed and approved by the City Manager’s office. A. Lamp Concrete Contractors has also indicated the Local employment usage in the bid documents. As part of the 2014 Street Improvement Project A. Lamp Concrete installed sustainable porous concrete parking lane on Oak Avenue and Ingleside Place. A. Lamp Concrete Contractors Inc. has worked for the City on similar projects on time and within budget. Based on A. Lamp Concrete Contractor performance on 2014 projects A. Lamp can perform majority of the work specified in the contract as a general contractor without using many sub-contractors which is essential for project coordination and quality control. A. Lamp Concrete Contractor also complied with Local Employment Program. Attachments: Bid Tab Location Map M/W/EBE Memo Page 2 of 2 37 of 357 Average Unit PriceUNITUNITUNITUNITUNITUNITUNITUNITPRICEPRICEPRICEPRICEPRICEPRICEPRICEPRICE1Temporary FenceFoot5,972$1.00$5,972.00$1.75$10,451.00$2.00$11,944.00$10.00$59,720.00$3.50$20,902.00$5.25$31,353.00$10.00$59,720.00$5.422Tree Trunk ProtectionEach28$110.00$3,080.00$100.00$2,800.00$25.00$700.00$500.00$14,000.00$121.75$3,409.00$300.00$8,400.00$250.00$7,000.00$216.133Tree RemovalEach8$800.00$6,400.00$500.00$4,000.00$700.00$5,600.00$2,000.00$16,000.00$230.00$1,840.00$230.00$1,840.00$750.00$6,000.00$735.004Earth Saw Cuts of Tree Roots (Root Prunning)Foot766$3.00$2,298.00$5.00$3,830.00$5.00$3,830.00$11.00$8,426.00$8.00$6,128.00$8.00$6,128.00$10.00$7,660.00$7.835Temporary Sidewalk RampEach10$200.00$2,000.00$150.00$1,500.00$250.00$2,500.00$505.00$5,050.00$440.43$4,404.30$795.00$7,950.00$500.00$5,000.00$440.076Earth Excavation - Parking AreasCu. Yd.3,550$25.00$88,750.00$40.00$142,000.00$30.00$106,500.00$35.00$124,250.00$63.75$226,312.50$49.00$173,950.00$65.00$230,750.00$47.137Earth Excavation - Bio swales and Rain gardensCu. Yd.2,355$30.00$70,650.00$40.00$94,200.00$30.00$70,650.00$35.00$82,425.00$63.75$150,131.25$52.00$122,460.00$65.00$153,075.00$47.638Earth Excavation - Porous concrete sidewalkCu. Yd.85$30.00$2,550.00$50.00$4,250.00$40.00$3,400.00$35.00$2,975.00$71.95$6,115.75$65.00$5,525.00$65.00$5,525.00$54.499Thermoplastic Pavement Marking Line-Letters and SymbolsSq.Ft.80$4.95$396.00$5.60$448.00$15.00$1,200.00$12.00$960.00$12.50$1,000.00$12.50$1,000.00$50.00$4,000.00$17.9310Thermoplastic Pavement Marking Line-4”Foot4,815$0.75$3,611.25$0.80$3,852.00$4.00$19,260.00$0.80$3,852.00$3.30$15,889.50$3.30$15,889.50$4.00$19,260.00$2.7011Epoxy Pavement Marking Line-4”Foot1,000$0.75$750.00$7.50$7,500.00$6.00$6,000.00$5.50$5,500.00$5.00$5,000.00$5.00$5,000.00$2.00$2,000.00$5.1712Thermoplastic Pavement Marking Line-6”Foot150$0.75$112.50$1.75$262.50$8.00$1,200.00$6.40$960.00$6.00$900.00$6.00$900.00$6.00$900.00$5.6913Thermoplastic Pavement Marking Line-24"Foot40$3.00$120.00$5.60$224.00$15.00$600.00$24.00$960.00$12.00$480.00$12.00$480.00$20.00$800.00$14.7714Preformed International Symbol of AccessibilityEach8$400.00$3,200.00$1,100.00$8,800.00$700.00$5,600.00$250.00$2,000.00$672.00$5,376.00$672.00$5,376.00$300.00$2,400.00$615.6715Furnishing and Placing Topsoil, 3”Sq.Yd.7,000$5.00$35,000.00$5.75$40,250.00$2.00$14,000.00$8.00$56,000.00$4.30$30,100.00$5.00$35,000.00$5.00$35,000.00$5.0116Sodding, Salt TolerantSq.Yd.586$8.00$4,688.00$10.00$5,860.00$10.00$5,860.00$12.00$7,032.00$8.50$4,981.00$9.00$5,274.00$10.00$5,860.00$9.9217Landscape Planting (By Others)Lump Sum1$60,000.00$60,000.00$60,000.00$60,000.00$60,000.00$60,000.00$60,000.00$60,000.00$60,000.00$60,000.00$60,000.00$60,000.00$60,000.00$60,000.00$60,000.0018Aggregate Base Course, Type B, 4”Sq.Yd.241$9.00$2,169.00$5.00$1,205.00$8.00$1,928.00$12.00$2,892.00$10.80$2,602.80$12.50$3,012.50$10.00$2,410.00$9.7219Class D Patches, asphalt, 7"Sq.Yd.1,100$100.00$110,000.00$59.00$64,900.00$35.00$38,500.00$88.00$96,800.00$83.90$92,290.00$94.00$103,400.00$115.00$126,500.00$79.1520Bituminous Material (Prime Coat)Gal.1,100$1.00$1,100.00$5.00$5,500.00$3.00$3,300.00$2.75$3,025.00$8.50$9,350.00$8.50$9,350.00$8.00$8,800.00$5.9621Mixture for Cracks, Joints and FlangewaysTon15$575.00$8,625.00$500.00$7,500.00$250.00$3,750.00$100.00$1,500.00$800.00$12,000.00$800.00$12,000.00$700.00$10,500.00$525.0022Leveling Binder, (Machine Method) N50 (IL 9.5mm)Ton231$80.00$18,480.00$95.00$21,945.00$115.00$26,565.00$143.00$33,033.00$204.00$47,124.00$204.00$47,124.00$130.00$30,030.00$148.5023Hot-Mix Asphalt Surface Course, Mix"D", N50 (IL 9.5mm)Ton347$90.00$31,230.00$95.00$32,965.00$115.00$39,905.00$155.00$53,785.00$154.00$53,438.00$154.00$53,438.00$130.00$45,110.00$133.8324Incidental Hot-mix Asphalt SurfacingTon60$200.00$12,000.00$100.00$6,000.00$225.00$13,500.00$155.00$9,300.00$253.00$15,180.00$253.00$15,180.00$315.00$18,900.00$216.8325Porous Asphalt Surface CourseTon660$110.00$72,600.00$150.00$99,000.00$225.00$148,500.00$7.00$240,163.00$146.00$96,360.00$146.00$96,360.00$200.00$132,000.00$145.6726PCC Sidewalk, 5”Sq.Ft.1,135$5.50$6,242.50$7.50$8,512.50$7.00$7,945.00$8.00$9,080.00$5.95$6,753.25$7.00$7,945.00$7.00$7,945.00$7.08273" ID PVC pipeFoot300$10.00$3,000.00$37.50$11,250.00$20.00$6,000.00$35.00$10,500.00$6.00$1,800.00$65.00$19,500.00$30.00$9,000.00$32.2528Porous Aggregate Sub-Base, CA11, 1.5"Cu. Yd.200$55.00$11,000.00$54.00$10,800.00$65.00$13,000.00$45.00$9,000.00$106.05$21,210.00$75.00$15,000.00$60.00$12,000.00$67.5129Porous Aggregate Sub-Base, CA1, 18"Cu.Yd.2,300$55.00$126,500.00$42.00$96,600.00$55.00$126,500.00$45.00$103,500.00$75.75$174,225.00$78.00$179,400.00$60.00$138,000.00$59.2930Porous Aggregate Sub-Base, CA5, 2.5"Cu.Yd.350$55.00$19,250.00$55.00$19,250.00$65.00$22,750.00$45.00$15,750.00$108.00$37,800.00$95.00$33,250.00$60.00$21,000.00$71.3331Filter FabricSq.Yd.6,500$6.00$39,000.00$1.00$6,500.00$2.00$13,000.00$6.50$42,250.00$1.60$10,400.00$4.00$26,000.00$5.00$32,500.00$3.3532Hot-Mix Asphalt Surface Removal (Variable Depth)Sq.Yd.4,530$3.00$13,590.00$2.75$12,457.50$3.50$15,855.00$20.10$91,053.00$11.00$49,830.00$11.00$49,830.00$9.00$40,770.00$9.5633Pavement RemovalSq.Yd.3,791$30.00$113,730.00$16.50$62,551.50$12.00$45,492.00$15.25$57,812.75$10.35$39,236.85$16.75$63,499.25$18.00$68,238.00$14.8134Driveway Pavement RemovalSq.Yd.227$20.00$4,540.00$15.00$3,405.00$15.00$3,405.00$65.00$14,755.00$18.10$4,108.70$15.50$3,518.50$18.00$4,086.00$24.4335Curb and Gutter RemovalFoot2,986$8.00$23,888.00$5.00$14,930.00$5.00$14,930.00$10.00$29,860.00$12.30$36,727.80$4.75$14,183.50$10.00$29,860.00$7.8436Sidewalk RemovalSq.Ft.3,100$1.50$4,650.00$1.25$3,875.00$2.00$6,200.00$10.00$31,000.00$3.70$11,470.00$2.00$6,200.00$2.00$6,200.00$3.4937POROUS PCC SIDEWALK, 6"Sq.Ft.3,825$9.00$34,425.00$12.75$48,768.75$13.00$49,725.00$7.00$26,775.00$9.70$37,102.50$14.00$53,550.00$10.00$38,250.00$11.0838POROUS AGGREGATE SUB-BASE, 6"SQ.Yd.425$40.00$17,000.00$10.00$4,250.00$15.00$6,375.00$18.00$7,650.00$15.20$6,460.00$16.50$7,012.50$27.00$11,475.00$16.9539INTERLOCKING PERMEABLE BRICK PAVERSSq.Ft.8,550$12.00$102,600.00$5.00$42,750.00$8.00$68,400.00$5.00$42,750.00$4.35$37,192.50$7.00$59,850.00$15.00$128,250.00$7.3940Catch Basins To Be AdjustedEach4$297.50$1,190.00$585.00$2,340.00$400.00$1,600.00$300.00$1,200.00$178.05$712.20$800.00$3,200.00$250.00$1,000.00$418.8441Manholes To Be ReconstructedEach1$3,000.00$3,000.00$3,300.00$3,300.00$2,000.00$2,000.00$1,350.00$1,350.00$882.50$882.50$1,900.00$1,900.00$250.00$250.00$1,613.7542Frames and Lids, Type-1, Closed LidEach2$400.00$800.00$725.00$1,450.00$425.00$850.00$500.00$1,000.00$267.85$535.70$850.00$1,700.00$750.00$1,500.00$586.3143Comb. Conc. C&G Type B6.12 (AEP-Modified)Foot4,200$22.00$92,400.00$23.50$98,700.00$18.00$75,600.00$18.00$75,600.00$29.20$122,640.00$27.00$113,400.00$40.00$168,000.00$25.9544Detectable WarningsSq.Ft.60$24.00$1,440.00$45.00$2,700.00$40.00$2,400.00$30.00$1,800.00$18.25$1,095.00$25.00$1,500.00$50.00$3,000.00$34.7145Concrete RibbonFoot1,900$19.00$36,100.00$19.25$36,575.00$23.50$44,650.00$17.00$32,300.00$37.65$71,535.00$27.00$51,300.00$25.00$47,500.00$24.9046Informational Signs, Supply and Install (as shown on the detail)Each3$2,000.00$6,000.00$1,750.00$5,250.00$3,500.00$10,500.00$3,000.00$9,000.00$1,670.75$5,012.25$5,500.00$16,500.00$1,000.00$3,000.00$2,736.7947Remove and Reset Existing Street SignsEach2$200.00$400.00$250.00$500.00$400.00$800.00$500.00$1,000.00$225.00$450.00$225.00$450.00$225.00$450.00$304.1748Changeable Message SignCal Mo12$1,200.00$14,400.00$1,500.00$18,000.00$250.00$3,000.00$850.00$10,200.00$600.00$7,200.00$600.00$7,200.00$1,600.00$19,200.00$900.0049Street SweepingEach60$300.00$18,000.00$500.00$30,000.00$50.00$3,000.00$150.00$9,000.00$375.00$22,500.00$675.00$40,500.00$500.00$30,000.00$375.0050Supplemental WateringUnit10$25.00$250.00$90.00$900.00$1.00$10.00$240.00$2,400.00$0.10$1.00$85.00$850.00$250.00$2,500.00$111.0251Pavement Marking Tape, Type 1Foot5,000$1.00$5,000.00$0.55$2,750.00$0.01$50.00$2.00$10,000.00$1.50$7,500.00$2.50$12,500.00$2.00$10,000.00$1.4352BioSolids TruckingLump Sum1$6,000.00$6,000.00$6,000.00$6,000.00$6,000.00$6,000.00$6,000.00$6,000.00$6,000.00$6,000.00$6,000.00$6,000.00$6,000.00$6,000.00$6,000.0053Special/Non-Special Waste DisposalCu.Yd.2,000$30.00$60,000.00$75.00$150,000.00$10.00$20,000.00$70.00$140,000.00$110.35$220,700.00$107.00$214,000.00$125.00$250,000.00$82.8954Soil Disposal AnalysisLump Sum1$7,500.00$7,500.00$3,500.00$3,500.00$2,500.00$2,500.00$5,500.00$5,500.00$2,800.00$2,800.00$7,500.00$7,500.00$5,000.00$5,000.00$4,466.6755Construction LayoutLump Sum1$15,000.00$15,000.00$7,500.00$7,500.00$50,000.00$50,000.00$10,000.00$10,000.00$5,900.00$5,900.00$15,500.00$15,500.00$20,000.00$20,000.00$18,150.0056Pedestrian Traffic Control and ProtectionLump Sum1$20,000.00$20,000.00$7,500.00$7,500.00$65,000.00$65,000.00$10,000.00$10,000.00$400.00$400.00$400.00$400.00$10,000.00$10,000.00$15,550.0057Traffic Control, Protection and Construction StagingLump Sum1$30,000.00$30,000.00$147,792.25$147,792.25$300,000.00$300,000.00$15,000.00$15,000.00$36,250.00$36,250.00$24,000.00$24,000.00$25,000.00$25,000.00$91,340.38$1,382,677.25As Read$1,499,900.00As Read$1,582,329.00As Read$1,723,693.75As Read$1,857,744.35As Read$1,883,528.75As Read$2,129,174.00Total$1,499,900.00Total$1,582,329.00Total$1,723,693.75Total$1,857,744.35Total$1,883,528.75Total$2,129,174.00TOTALCITY OF EVANSTONBid TabCIVIC CENTER IMPROVEMENT PROJECTPROJECT NO.: PW-PK-1406, BID NO.:14-60Engineers EstimateTOTAL BIDTOTALQUANTITYITEM NUMBERITEMUNITTOTALChicagoland Paving Contractors225 Telser Road,Lake Zurich, IL 60047A. Lamp Concrete Contractors, Inc800 W. Irving Park Road,Schaumburg, IL 60193Elanar Construction6620 W. Belmont AveChicago, IL 60634Landmark Contractors, Inc.11916 W. Main Street,Huntley, IL 60142Berger Excavating Contractors, Inc.1205 Garland RoadWauconda, IL 60084Kovilic Construction Co., Inc.3721 N Carnation streetFranklin park, IL 60131TOTALTOTALTOTALTOTALTOTALTOTAL38 of 357 39 of 357 To: Suzette Robinson, Director of Public Works Sat Nagar, P.E., City Engineer From: Tammi Turner, Purchasing Manager Subject: Civic Center Sustainable Parking Lot Reconstruction, Bid #14-60 Date: November 10, 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 the Civic Center Sustainable Parking Lot Reconstruction project, Bid #14-60, in the base bid amount of $1,582,329.00, the primary contractor A. Lamp Concrete Contractors, Inc. has subcontracted the following: Name of M/W/EBE Scope of Work Contract Amount % MBE EBE WBE Ozinga Ready Mix Concrete $ 21,000.00 1% X Marking Specialist Markings $ 28,645.50 2% X Alas Trucking Trucking $ 364,838.00 23% X Total M/W/EBE $ 414,483.50 26% A. Lamp Concrete Contractors, Inc. will receive credit for 26% M/W/EBE participation, and found to be initially compliant with the Local Employment Program documentation. Cc: Marty Lyons, Assistant City Manager/CFO Memorandum Civic Center Sustainable Parking Lot Reconstruction, Bid #14-60, M/W/EBE Memo 40 of 357 For City Council meeting of November 24, 2014 Item A3.2 Business by Motion: FY2015 Insurance Renewals For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Purchase of Insurance/Renewals– Property, Excess Liability & Excess Worker’s Compensation for Fiscal Year 2015 Date: November 24, 2014 Recommended Action: Recommend approval to purchase the outlined policies at a total cost of $552,224. The policies will renew all insurance coverage for the City for Fiscal Year 2015. All coverage exclusive of Worker’s Compensation is budgeted at $490,000, and Worker’s Compensation is budgeted at $120,000, for a FY2015 total of $610,000. Premium quotations received reflected the market’s tightening and the slight increase in pricing for all coverages. Total Premiums • Property – Affiliated FM $191,680 • General Liability (Excess) – CV Starr (first $10M layer) $157,795 – Gemini (second layer of $10M) $54,391 Subtotal $212,186 • Excess Worker’s Compensation – Safety National $117,441 • Crime – Chartis $7,492 • Cyber Liability - Beazley $23,425 $552,224 Funding Source: Insurance Fund, Account Number 7800, Object Codes 62615 & 66044. Summary: The City is exposed to various risks of loss related to torts, theft, damage to and destruction of assets, errors and omissions, and natural disasters. Current insurance policies will expire on December 31, 2014. The City’s broker of record, Mesirow, Inc., took all insurance to underwriting and market. Memorandum 41 of 357 a. Property Insurance The City maintains commercial all-risk insurance to cover damage to City facilities and contents and other losses, including business interruption and loss of rents. The coverage is subject to a deductible of $50,000 for each loss and each location. The Total Insured Value of this coverage is $513,038,639 for FY2015. Staff conducted an independent review of property insurance indications from 4 carriers, including Affiliated FM (current carrier). The premium computations were based upon the Total Insured Value. Several carriers declined to quote or were not competitive on deductible or pricing. Staff recommends award of property insurance renewal to Affiliated FM in the amount of $191,680. b. General Liability Insurance The City currently maintains a self-insured retention of $1.25 million with an additional layer of excess insurance totaling $20 million. For purposes of prudent risk management, it is advisable to maintain the current retention level and excess layer of coverage such that the City gains additional protection/insured risk in the event of a large loss. Our early budget projections anticipated an increase in our placements since carriers are increasing pricing while the market tightens. Staff worked with Mesirow to ensure that the City’s program was effectively marketed to 10 prospective carriers in order to obtain the most competitive pricing and terms. Staff recommends renewal with incumbent carrier C.V. Starr for $157,795 for the First layer of $10M coverage, and renewing coverage with incumbent carrier Gemini for the Second layer of $10M coverage. c. Other Insurance Policies The City also maintains in place insurance for the following areas: Excess Worker’s Compensation and Crime. Workers’ Compensation premium payable increased but still remained below budget. The renewal for the Crime policy is a slight increase over expiring. Cyber Liability is a recommended line of coverage first obtained in FY2014. Over the past year, staff monitored claims made against other Illinois municipalities with projected exposures which could exceed $500,000. Continuing this coverage line for the recommended premium is prudent risk management. Staff recommends award of Property, Excess Liability, Crime, Cyber Liability and Excess Worker’s Compensation renewal policies to the insurance companies as set forth. These amounts are to be expended from the Insurance Fund which has sufficient funds available for this purpose. d. Total Premiums The chart below compares quoted premiums to a projected budget. The $610,000 projected budget number includes all quoted policies in the Insurance Fund. Quoted premium totals were $57,776 less than budgeted for FY2015. The renewal program Page 2 of 3 42 of 357 premium increase is a very modest 1.3% increase from expiring, and is attributable to the increase in Worker’s Compensation premium. 2015 Premium 2015 Budget • Property $191,680 • General Liability – Excess $212,186 (below) • Crime $7,492 • Cyber $23,425 __________ $434,783 $490,000 • Excess Worker’s Compensation $117,441 $120,000 Total: $552,224 $610,000 Staff will manage remaining Insurance Fund accounts during 2014 to stay within the total Fund budget. Legislative History: N/A. Page 3 of 3 43 of 357 For City Council meeting of November 24, 2014 Item A3.3 Business of the City by Motion: Water Treatment Chemical Contracts For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Director of Utilities Kevin Lookis, Water Production Superintendent Subject: Approval of Contracts for Water Treatment Chemicals for Purchase in FY 2015 (Bid 14-62) Date: November 13, 2014 Recommended Action: Staff recommends that City Council authorize the City Manager to execute contracts with the following five vendors to supply water treatment chemicals in response to Bid 14-62: 1) USALCO (1120 Middle River Road, Baltimore, MD) in the amount of $192,330.40 to supply aluminum sulfate (alum), 2) JCI Jones (1765 Ringling Blvd., Sarasota, FL) in the amount of $35,292 to supply chlorine, 3) Key Chemical Inc. (9503 Dovewood Place, Waxhaw, NC) in the amount of $133,011 to supply HFS acid (fluoride), 4) Polydyne Inc. (One Chemical Plant Road, Riceboro, GA) in the amount of $23,120 to supply polymer, and 5) Carus Corporation (315 Fifth Street, Peru, IL) in the amount of $93,525 to supply blended phosphate. The total of these proposed purchases is $477,278.40. Funding Source: Funding for the purchase of alum, chlorine, fluoride and polymer is in account 7110.65015, which has a budget allocation of $465,000.00 for FY2015. Blended phosphate is purchased from account 7110.65030, which has a FY2015 budget allocation of $101,000 and is augmented by revenues paid by the Northwest Water Commission for their phosphate use in account 7110.53591 in the amount of $67,000. Background: Bid specifications 14-62 were prepared for the purchase of water treatment chemicals needed during FY2015. The bid for water treatment chemicals was advertised on October 9, 2014 in the Chicago Tribune and on Demandstar. Bids were opened and publicly read on November 11, 2014. The bid specifications provide for a one year contract with selected vendors. Memorandum 44 of 357 Five different chemicals are primarily used in the Evanston water treatment process. Chlorine is used as a disinfectant, alum and polymer are used as coagulants, fluoride is added to help prevent tooth decay, and a blended phosphate is added to coat the interior of pipes to prevent lead and copper from leaching into the water. Summary: Staff has reviewed the chemical bids received on November 11, 2014. Attached is a tabulation of the bid responses. Staff recommends acceptance of all of the apparent low bids as responsive and responsible for alum, chlorine, fluoride, polymer and blended phosphate and award of the contracts as indicated. CHEMICAL: Alum Below is a summary of the bid results obtained on November 11, 2014 from bid 14-62 for supplying alum during FY 2015. Vendor Unit Price per ton USALCO $447.28 Chemtrade $511.00 CCS, Inc. $602.81 CHEMICAL: Chlorine Below is a summary of the bid results obtained on November 11, 2014 from bid 14-62 for supplying chlorine during FY 2015. Please note that chlorine is supplied in both ton cylinders (in a price per ton) and in 150 pound cylinders (in a price per cylinder). Vendor Unit Price per ton (ton cylinder) Unit Price per 150# cylinder JCI Jones $318.00 $52.00 Alexander Chemical $375.00 $79.00 CHEMICAL: Fluoride Below is a summary of the bid results obtained on November 11, 2014 from bid 14-62 for supplying HFS acid (fluoride) during FY 2015. Vendor Unit Price per ton Key Chemical, Inc. $443.37 Mosaic Crop Nutrition, LLC $466.00 Alexander Chemical $470.00 Pencco, Inc $482.60 45 of 357 CHEMICAL: Polymer Below is a summary of the bid results obtained on November 11, 2014 from bid 14-62 for supplying polymer during FY 2015. Vendor Unit Price per ton Polydyne $578.00 CHEMICAL: Blended phosphate Below is a summary of the bid results obtained on November 11, 2014 from bid 14-62 for supplying blended phosphate during FY 2015. Vendor Unit Price per gallon Carus Chemical $4.35 Shannon Chemical $5.57 Account 7110.65015 provides funding for the purchase of water treatment chemicals except for the blended phosphate. This account has a budget allocation of $465,000 in FY 2015. The contracts to supply alum, chlorine, HFS acid and polymer will utilize $383,753.40 of this budget allocation as indicated below. Chemical Unit Price Est. Quantity Total Cost Alum $447.28 430 tons $192,330.40 Chlorine (1-ton cyl) $318.00 110 tons $ 34,980.00 Chlorine (150# cyl) $ 52.00 6 cylinders $ 312.00 HFS acid $443.37 300 tons $133,011.00 Polymer $578.00 40 tons $ 23,120.00 TOTAL $383,753.40 Since a portion of the cost for blended phosphate is reimbursed by the Northwest Water Commission, a separate account was established for purchasing this product (7110.65030). Account 7110.65030 has a FY 2015 budget allocation of $101,000 and the revenue account from the Northwest Water Commission will provide $67,000. Chemical Unit Price Est. Quantity Total Cost Blended Phosphate $4.35 21,500 gallons $93,525.00 46 of 357 The cost for water treatment chemicals has stabilized for the last two bidding cycles. This year costs decreased in all but one category. This is the third time in five years that the cost of one or more of the chemicals was less than the previous year. A table summarizing the last 5 years of costs and the percent change from FY2014 to FY2015 is shown below. % Change 2011 2012 2013 2014 2015 FY 2014 to 2015 Liquid Alum ($/ton) $416.52 $447.28 $447.28 $447.28 $447.28 0.00% Chlorine ($/ton) $367.50 $424.50 $365.00 $365.00 $318.00 -14.78% Chlorine ($/150#) $50.00 $95.00 $94.00 $79.00 $52.00 -51.92% HFS Acid (fluoride) ($/ton) $685.00 $596.00 $539.00 $519.00 $443.37 -17.06% Polymer ($/ton) $700.00 $870.00 $760.00 $538.00 $578.00 6.92% Phosphate ($/gallon) $4.83 $5.15 $4.98 $4.48 $4.35 -2.99% There are no sub-contracting abilities related to the purchase and use of these materials. A waiver letter for M/W/EBE participation is attached. Attachments Bid Tabulation 14-62 M/W/EBE Waiver 47 of 357 48 of 357 49 of 357 For City Council meeting of November 24, 2014 Item A3.4 Business of the City by Motion: Façade Improvement for Bangers & Lace For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Johanna Nyden, Economic Development Division Manager Meagan Jones, Economic Development Coordinator Subject: Approval of Financial Assistance through the Façade Improvement Program for Bangers and Lace Date: November 17, 2014 Recommended Action: Staff recommends approval of financial assistance for a façade improvement project for Bangers and Lace, a new restaurant and tavern, located at 810 Grove Street (PIN: 11- 18-317-008-0000), on a 50/50 cost sharing basis in an amount not to exceed $10,500. Funding Source: Staff recommends utilizing funds from the Economic Development Fund’s Business District Improvement Fund (5300.65522). The approved Fiscal Year 2014 Budget allocated a total of $147,000 for this account to fund both the Façade Improvement and Great Merchant Grant programs. To date, $99,701.75 has been spent from this account with an additional $21,411 approved for expenditure. Summary: The façade improvement project proposed for Bangers and Lace is for its soon to open location at 810 Grove Street. The project includes the installation of operable windows at the patron level, divided light windows at the transom level, and a recessed entryway so as not to impede pedestrian traffic. This project is eligible under the guidelines of the Façade Improvement Program. In total, the work is estimated to cost $46,371. The storefront is a total of 40 linear feet which would make Bangers and Lace eligible for up to $10,500 for work associated with property on a 50/50 cost sharing basis. The property owner is in good standing with their property taxes according to the Cook County Treasurer’s office. Memorandum 50 of 357 Legislative History: The Economic Development Committee was unable to meet to consider this application. Due to urgency of project completion, staff is referring this agenda item to the November 24, 2014 Administration and Public Works Committee. Attachments: Application Estimates Before photos of property Page 2 of 2 51 of 357 52 of 357 53 of 357 54 of 357 55 of 357 56 of 357 57 of 357 58 of 357 59 of 357 60 of 357 61 of 357 62 of 357 63 of 357 C H I C A G O B U I L D I N G D E S I G N , P . C . A R C H I T E C T U R E A N D I N T E R I O R S 220 WEST HU RON ST RE E T, SUIT E 3001, CHICA GO, IL LINO IS 60654 PHONE: 312.492.9007 FAX: 312.492.9044 EM AIL : IN FO@CBDAR CHIT E CTS. COM October 24, 2014 To Whom it May Concern: I am writing with regards to the facade improvement application for the 810 Grove Street property. We reached out to a number of local storefront manufacturers, including one Evanston -based company, and the three bids listed on the application were the only three who could fabricate the system according to our design specifications and within our required lead time. Please let me know if you need any additional information, Respectfully, Alycia Dagenais CBD Architects 312-492-9007 64 of 357 Alycia Dagenais Manager Cell: (312) 492-9007 ldagenais@cbdarchitects.com 17170 C B D Architects 810 Grove St Evanston, IL 60201 6/3/2014 Job Location Estimate # R & R Glass and Windows Inc, hereby proposes to furnish the following: Store Front R & R Glass and Windows Inc. hereby proposes to furnish the following: Installation of the below described scope of work per architectural drawings dated 10.02.2014 drawn by CBD Architects via e-mail. Joint Sealants Perimeter weather beads at our work DOW Corning 795 Silicone Color Black Aluminum Storefront Frame Furnish and install Black paint aluminum storefront at front side of the building. System at Exterior: Storefront System Profile: 2” x 4-1/2” System Glazing Position: Center Glazed System Finish: Black paint Anodized Grids: ¾” x 1 ¾” ( not applied on the doors ) Aluminum Storefront for exterior opening only: Two (2) Elevation “Type 1” (13’-3” x 12’-10”) One (1) Elevation “Type 2” (6’-4” x 12’-10”) One (1) Elevation " Type 3" ( 13' 6" x 12' 4") Aluminum Storefront for interior opening only: One (1) Elevation “Type 4 ” (14’-0” x 9’-11”) One (1) Elevation " Type 5" ( 7' 1" x 9' 11") One (1) Elevation " Type 6" ( 6' 4" x 9' 11") Aluminum Storefront Door and Hardware Set Furnish and Install: One (1) set of Narrow stile single doors at vestibule of build (3' 0" x 7' 0" ) Five (5) Double Doors No. A-001 (6’-0” x 7’-0”) To received Hardware set #1 All Double doors will have a smooth panel between the doors and the transoms on exterior elevations. Hardware Set #1 Specs -Standard hardware -1 1/2 Butt Hinges All Doors or 4 Butt Hinges depends the high we use. -Push /pull handles (Entrance Door) -Lock /privacy key and dead bolt. (Entrance Door) - Flush Bolts For the rest of the doors Glazing Specs GL-1 = 1” Insulated clear tempered glass (Exterior Elevations ) GL-2 = 1/4" Clear temper and plate glass on interior elevations. Sealed Insulated Glass Units: Edge Spacers: Aluminum, bent and soldered corner Edge Seal Color: Black in Color SCOPE: Customer ID:10946 C B D Architects 220 W. Huron St. Suite # 3001 Chicago, IL 60654 Office: (312)492-9007 Fax: (312)492-9044 Company Info Estimate on:Store Front Main Contact R & R Glass and Windows Inc 3541 N Kenton Avenue Chicago, IL 60641 www.rrglasswindows.com Phone: (773) 481-3992 Fax: (773) 481-5997 Page 1 of 365 of 357 All necessary sealants and fasteners needed to complete the installation are included. Price is based upon all work being completed during normal business hours Note: In this project interior areas and transoms will match Hubbard Inn on 110 W Hubbard St, Chicago, IL 6065. (Paint will not have the same finish just will be black) G. C Note: Prior to installation of scope of work, surrounding condition must be plumb, level, true straight with no distortion. Also if we use medium stile door 8' 0" high price will increase $ 5,250.00 Not included in the proposal. Total will be $ 50,340.00 Take an consideration the some of the R.O. Opening need to be redone or modified. Contract Options/Descriptions Type of Metal: 2" x 4-1/2"1 Type of Application: Commercial2 Glass Color: Wire glasss3 1/4" on the Interior Wall (6' 9" x 10' 4") Glazing: 1" Insulated units4 Glazing Type: Center5 Argon Filled Glass None6 Outside Seal: Yes7 Inside Seal: Yes8 Type of Framing: Center9 Frames Anchored To: Existing Wall10 Metal Manufactured By: R & R Glass Windows11 Opening (s) Prepared: By Others12 Opening Size: Existing13 Opening Qty: Eleven (11)14 Field Labor : Yes15 Clean Up: By R & R Glass16 Type of Door: Narrow Stile17 Door Color: Black18 Door Material: Aluminum19 Theree (3) bi-fols Total Door Qty: One (1) Double & One(1) Single door20 Hardware Type: Standard21 Panic Bar: None22 Tramson: Yes23 Vestibule: Yes24 Window Treatment Installation: By Others25 Brake metal: Yes If Needed26 Brake Metal Gauge: 0.3227 Work Per Elevation: Yes28 East Elevation: Yes29 West Elevation: Yes30 North Elevation: Yes31 South Elevation: None32 Delivery Lead Time: 8-10 Weeks33 Inside Carpentry: By Others34 Shop Drawings: By Others35 Temporary protection: By R & R Glass36 Proper Disposal of Debris: By R & R Glass37 Moving of Personal Effects: By Others 4' Clear Area38 City Permit Required: By Others39 Page 2 of 366 of 357 Terms:50% Deposit, 50% Upon Completion Authorized By:Manfred Lopez Estimate Total:$45,090.00 Estimate valid from: 6/3/2014 through 7/3/2014 - PRICE BASED ON STANDARD COLOR OF MANUFACTURER. - NO INTERIOR WORK TO BE DONE BY R & R GLASS AND WINDOWS INC, INCLUDING FLOORS, CIELINGS, WALLS, ELECTRICITY, ALARMS, ETC. - ANY ITEM NOT LISTED ON THIS CONTRACT WILL BE CONSIDERED EXTRA. - ONE-YEAR WARRANTY ON PARTS AND LABOR ONLY. - PAINT COLORS MAY VARY FROM SAMPLES. - IF OPENING IS NOT READY WHEN DOWN PAYMENT IS RECEIVED, LEAD TIME STARTS AFTER R & R GLASS AND WINDOWS INC TAKES THE LAST MEASUREMENT. - R & R GLASS AND WINDOWS INC WILL NOT COVER TILE DAMAGES. TILE WILL BE EXPOSED TO CRACKING WHILE DRILLING. In consideration of R&R Glass and Windows, Inc.'s (hereinafter "R&R") extension of credit and/or the terms and conditions, as set forth in R&R's sales documents, and in further consideration of the delivery of certain materials and/or services, we the undersigned, do hereby jointly and severally guarantee the payment of the amount set forth in R&R's sales documents, including nut not limited to finance charges according to the terms and conditions. We the undersigned, further waive notice of nonpayment of account by the debtor and further agree that all or any of the undersigned may be held jointly and/or severally liable to R&R for the amounts remain due under R&R's sales documents. We the undersigned, agree, upon default, to pay attorneys' fees if this account is referred for collection to an attorney, plus court costs. Signature: ____________________________________________________Date:_______________ Print Name: _______________________________________________________________________ Personal Guarantee Deposit is required on all custom made products and is due day of production measurements, unless otherwise arranged. Balance or payment in full is due day of completion, unless otherwise arranged. Finance charge of 1-1/2 % per month will be added to all past due balances. In the event of default of any payments called for this contract, buyer agrees to pay seller expenses for collection services and/or for attorney fees. This proposal when signed becomes a legal contract for both parties. The above prices, terms, specifications, and conditions are satisfactory and are hereby accepted. I have read, understood and agree to all parts of this agreement. Terms and Conditions Page 3 of 367 of 357 Unfolding Opportunities QUOTATION Page 1 17549 Duvan Dr. - Tinley Park, IL 60477 (708) 53BIFOLD - www.chicagobifold.com PROVIDED TO: Lyci Dagenais DATE: July 24, 2014 COMPANY NAME: CBD Architects QUOTE NUMBER: 2014-0724 ADDRESS: 220 W Huron, Suite 3001 JOB NAME: Bangers & Lace CITY, STATE, ZIP: Chicago, IL 60654 ADDRESS: 810 Grove St PHONE: (312) 492-9007 CITY, STATE, ZIP: Evanston, IL 60201 FAX: (312) 492-9044 EMAIL: ldagenais@cbdarchitects.com QUOTED BY: Mike Wallace This Quotation Provides Fabricated Metal, Glass, & Related Accessories As Described Herein: 1) Six Openings; 2) Two At Approximately 6’4 1/2” X 11'6”, Each With 2 In-Swing Panels, One Fixed Transom Panel & Two Fixed Transom Lites 3) One At Approximately 12’8 1/2” X 11'6”, With 2L-2R, In-Swing Bi-Fold Panel, Two Fixed Transom Panels & Four Fixed Transom Lites. 4) One At Approximately 6’4 1/2” X 12'6”, With 2 Out-Swing Door Panels, With 12" Bottom Rails, One Fixed Transom Panel & Two Fixed Transom Lites. 5) One At Approximately 13’4 1/2” X 10'0”, With Two Fixed Lites. 6) One Interior Wall At Approximately 224" x 98" With One Door, 2 Return Lites & 6 Fixed Sidelites. 7) Aluminum Materials To Be 2” X 4 ½”, T14000 Series Framing System. 8) Window Panels To Be Manufactured Using Narrow Stiles (2 1/8”) & 3” Top & Bottom Rails. 9) Aluminum Finish To Be Dark Bronze Anodized. 10) All Glass To Be 1” Insulated, Clear, Low-E, Tempered. 11) Door & Window Assemblies To Have The Following Door Hardware; a. Select SL-11HD Continuous Geared Hinges b. Twinbolt, Two Point, Lever Handle Locking At Each Panel c. One-Overhead Guide Roller Per Bi-Fold Assembly With Continuous Roller Track d. One-Lower Guide Roller Per Bi-Fold Assembly e. Two-Black, Nylon Adjustable Knuckle Catches, Between Folding Panels f. Standard Offset Pull Handles On All Man Doors g. Exterior Man Doors To Have Concealed Vertical Rod Panic Devices h. Interior Man Door To Have Standard Push Bar & No Locking Hardware i. Surface Applied Door Sweeps At man Doors 12) Perimeter Sealants To Be A High Quality Silicone To Match Metals. MATERIALS TO BE PROVIDED FOR THE SUM OF: Forty-Six Thousand Seventy-Five & 00/100—DOLLARS $46,075.00 68 of 357 Unfolding Opportunities QUOTATION Page 2 17549 Duvan Dr. - Tinley Park, IL 60477 (708) 53BIFOLD - www.chicagobifold.com GENERAL TERMS AND CONDITIONS OF SALE  Shop drawings By Chicago Bifold are included in this quotation, unless otherwise specified.  All Material Is Guaranteed To Be As Specified In The Body Of This Quotation.  This Quote Does Not Include Engineering Analysis For Any Structural Support Materials Above Header Or Top Track Or At Any Jamb Condition. Proper Structural Support At Head & Jambs Must Be Adequate To Support Folding Panels.  Procurement Of Materials, And Production, Will Begin Only After Receipt Of Approved Shop Drawings.  Any Alteration Or Deviation From Above Specifications Involving Extra Costs Will Be Executed Only Upon Written Orders, And Will Become An Extra Charge Over And Above The specified price.  All Sales Are F.O.B. Tinley Park, IL.  Walls Are Not Designed To Be Free-Standing And Must Be Supported In The Field By Others With Materials Not Supplied By Chicago Bifold.  Sales Tax Is Included In This Quotation.  Please Note: It Is The Customers Responsibility To Verify Building Code Compliance, Local Municipalities, Townships And Villages Independently Establish, Adopt And Interpret Building Codes, and Chicago Bifold Will Not Be Responsible To Comply With Any Requirements Other Than The Stated Specifications Herein. PAYMENT  Payment To Be Made As Follows: 50% Deposit, 50% Upon Completion.  Sales Tax If Applicable Will Be Added At Time Of Invoice.  Payments Which Are Delinquent Shall Be Subject To 1½% Interest Charge Per Month, Beginning Immediately After Payment Is Due.  Customer Agrees To And Shall Be Responsible For Reasonable Attorneys Fees Incurred In The Enforcement Of Any Of The Provisions Of This Contract. ACCEPTANCE The Above Prices, Specifications And Conditions Are Satisfactory And Hereby Accepted. You Are Authorized To Proceed With Shop Drawings As Specified. Payment Will Be Made As Outlined Above. Signature_________________________________________Date of Acceptance________________ Printed Name_________________________________________ Note: This Quotation May Be Withdrawn By Us If Not Accepted Within 60 Days. 69 of 357 70 of 357 EXIST. FIRST FLOOREL: 0'-0"(EXISTING)TOP OF EXIST. PARAPETEL: +/- 19'-9"(V.I.F.)N.I.C.N . I . C . N . I . C .N.I.C.N.I.C.N.I.C.TOP OF STOREFRONTEL: +/- 12'-10"(V.I.F.)TOP OF KNEE WALLEL: +/- 1'-0"(V.I.F.)13'-3"2'-014"13'-212"3'-612"7'-2"1'-334"6'-734"12'-10"1'-0"1'-214"10"1'-9"8'-334"6'-4"3'-4 14"8'-334"3'-134"3'-334"3'-334"3'-134"3'-134"3'-334"3'-334"3'-134"6'-714"3'-21 4"1'-61 4"8'-13 4"3'-334"3'-134"EXIST. FIRST FLOOREL: 0'-0"(EXISTING)TOP OF EXIST. PARAPETEL: +/- 19'-9"(V.I.F.)EL: +/- 2'-6"TOP OF WINDOWEL: +/- 12'-10"(V.I.F.)TOP OF SILL(V.I.F.)13'-6"1'-9"1'-1012"10'-51 4"13'-6"6'-9"10'-4" 12'-10" 2'-63 4"5'-93 4" EXTERIOR ELEVATIONS SHEETLOCATION: 810 GROVE ST. EVANSTON, IL 60201 %JKECIQ$WKNFKPI&GUKIP2% 9GUV*WTQP5V5WKVG%JKECIQ+NNKPQKU RHGKPHQ"EDFCTEJKVGEVUEQO DOB STAMPSEALPROJECT:DRAWING TITLE:REVISIONS/SUBMISSIONSNO.DRAWN BY: EDCHECKED BY: GKDATEENGINEERFOR PERMIT04-08-14PERMIT REVISIONS105-20-14PERMIT REVISIONS - FIRE206-17-1471 of 357 To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Joe McRae, Director of Parks, Recreation & Community Services Christina Ferraro, Assistant Director, Community Services Kevin L. Brown, Program Manager, Community Services Division Subject: Approval of Service Agreement for the 2014 Certificate of Rehabilitation Program with the James B. Moran Center for Youth Advocacy Date: November 24, 2014 Recommended Action: Staff recommends that City Council authorize the City manager to execute a renewal of the agreement between the City of Evanston and the James B. Moran Center for Youth Advocacy (1123 Emerson, Suite 203 Evanston, IL 60201) to provide legal services for not less than 9 Evanston residents to secure certificates of rehabilitation in an amount not to exceed $30,000. Funding Source: Funding for this program agreement is from a $30,000 allocation approved in 2014 City’s Community Development Block Grant budget. Costs amount to approximately $3,300 per participant. The City of Evanston shall be financially responsible for the furtherance of the program. The James B. Moran Center is responsible for handling the payment of direct and indirect costs for not less than 9 individuals (@$3,300 each); which include legal services, filing fees, supportive materials, transportation fees and if necessary assistance with child care on days that such assistance would be necessary. Summary: Certificates of rehabilitation are an essential resource that can support reentry to those Evanston residents that have a criminal record and thus promote public safety by lifting statutory bars to jobs, licenses or other necessities such as housing that result from a conviction history. The Youth and Young Adult Division staff has been performing outreach in the community and have identified individuals that would greatly benefit from this program. This agreement for services is to facilitate year two of the “Certificate of Rehabilitation Program”. The intention of the program is to obtain certificates of Memorandum For City Council meeting of November 24, 2014 Item A3.5 Business of the City by Motion: Moran Center Rehabilitation Agreement For Action 72 of 357 rehabilitation from the Circuit Court of Cook County, pursuant to 730 ILCS 5/5-5.5-5 et. seq., for qualified ex-offenders who reside in Evanston, IL. These certificates lift statutory bars to jobs, licenses or other necessities such as housing that result from a conviction history. It would give those selected an opportunity to demonstrate rehabilitation or a commitment to rehabilitation. The state of Illinois is one of the states that have laws in place that authorize certificates of rehabilitation or other similar means of removing legal barriers arising from a criminal record separate and apart from seeking a pardon. Staff identified the James B. Moran Center for Youth Advocacy as a partner for this program, based on their ability to perform the services and current outstanding community work of providing services for low-income Evanston youth and their families with legal representation. The Moran Center has the legal expertise, social work services components and community partnerships to manage this program. Additionally, over the last two years, they have also provided assistance and resources to individuals participating in our “Building Career Pathways to Sustainable Employment Program” and other individuals that our Outreach team identified as needing assistance. Year 1 Program Results Year 1 of the program pilot exceeded contract requirements. One hundred and seventy-nine Evanston residents received legal counseling regarding their criminal backgrounds through the program. 71 participants qualified for Moran Center Help Desk Services (expungement and sealing/partial sealing of criminal records) 12 participants qualified for Certificate of Good Conduct 9 participants qualified for Healthcare Worker Waiver 9 participants qualified for Certificate of Rehabilitation 2 participants qualified for state Clemency Listed below is a summary of the scope of work to be performed by the James B. Moran Center: James B. Moran will secure certificates of rehabilitation which could also include criminal records sealing, expungement, or pardon/executive clemency for not less than 9 Evanston residents that have a criminal record, and who meet the prerequisites contained in the legislation. Prospective clients that have conviction(s) for the following are not eligible: a Class X felony; any felony that resulted in “great bodily harm or permanent disability”; conviction for aggravated DUI or aggravated domestic battery; and offenses that require post-release registration (sex offenses, offenses against children, rape, arson, etc.). 73 of 357 Individuals will receive the following assistance: (a) an initial assessment to determine the extent of criminal history and eligibility for the Certificate of Rehabilitation; (b) creation and development of personal history and references to be presented to the Circuit Court Judge; (c) mentoring from a licensed attorney; (d) assistance in obtaining all police, probation, and parole reports; (e) covering of costs associated with processing fees if ineligible for a fee waiver; (f) submission of all required legal documentation, filings and petitions at Circuit Court and States Attorney's Office; (g) legal representation during candidate court appearances and (h) assistance for childcare, transportation and supplemental support materials. The Moran Center will work with City staff to identify, recruit, and service potential clients in the City of Evanston, and keep records of such. Finally, provide regular updates to City of Evanston staff on the status of individuals being served, including a summary of expenditures, encumbered and available balance. Legislative History The 2013 Moran Center agreement was approved by City Council on October 14, 2013. Attachment: 2014 Agreement with James B. Moran Center for Youth Advocacy Youth 74 of 357 1 CITY OF EVANSTON PROFESSIONAL SERVICES AGREEMENT The parties referenced herein desire to enter into an agreement for professional services for Certificate of Rehabilitation Program 2014 THIS AGREEMENT (hereinafter referred to as the “Agreement”) entered into this 8th day of December, 2014, between the City of Evanston, an Illinois municipal corporation with offices located at 2100 Ridge Avenue, Evanston Illinois 60201 (hereinafter referred to as the “City”), and the James B. Moran Center for Youth Advocacy, with offices located at 1123 Emerson, Suite 203, Evanston, Illinois, (hereinafter referred to as the “Consultant”). Compensation for all basic Services (“the Services”) provided by the Consultant pursuant to the terms of this Agreement shall not exceed $30,000. I. COMMENCEMENT DATE Consultant shall commence the Services on December 8, 2014 or no later than three (3) DAYS AFTER City executes and delivers this Agreement to Consultant. II. COMPLETION DATE Consultant shall complete the primary scope of services by July 31, 2015. If this Agreement provides for renewals after an initial term, no renewal shall begin until agreed to in writing by both parties prior to the completion date of this Agreement. III. PAYMENTS City shall pay Consultant those fees as provided here: Payment shall be made upon the completion of each task for a project, as set forth in Exhibit A – Project 75 of 357 2 Milestones and Deliverables. Any expenses in addition to those set forth here must be specifically approved by the City in writing in advance. IV. DESCRIPTION OF SERVICES Consultant shall perform the services (the “Services”) set forth here: Services are those as defined in Exhibit A. Services may include, if any, other documented discussions and agreements regarding scope of work and cost (Exhibit D). V. GENERAL PROVISIONS A. Services. Consultant shall perform the Services in a professional and workmanlike manner. All Services performed and documentation (regardless of format) provided by Consultant shall be in accordance with the standards of reasonable care and skill of the profession, free from errors or omissions, ambiguities, coordination problems, and other defects. Consultant shall take into account any and all applicable plans and/or specifications furnished by City, or by others at City’s direction or request, to Consultant during the term of this Agreement. All materials, buildings, structures, or equipment designed or selected by Consultant shall be workable and fit for the intended use thereof, and will comply with all applicable governmental requirements. Consultant shall require its employees to observe the working hours, rules, security regulations and holiday schedules of City while working and to perform its Services in a manner which does not unreasonably interfere with the City’s business and operations, or the business and operations of other tenants and occupants in the City which may be affected by the work relative to this Agreement. Consultant shall take all necessary precautions to assure the safety of its employees who are engaged in the performance of the Services, all equipment and supplies used in connection therewith, and all property of City or other parties that may be affected in connection therewith. If requested by City, Consultant shall promptly replace any employee or agent performing the Services if, in the opinion of the City, the performance of the employee or agent is unsatisfactory. Consultant is responsible for conforming its final work product to generally accepted professional standards for all work performed pursuant to this Agreement. Consultant is an independent Consultant and is solely responsible for all taxes, withholdings, and other statutory or contractual obligations of any sort, including but not limited to, Worker’s Compensation Insurance. Nothing in this Agreement accords any third-party beneficiary rights whatsoever to any non- party to this Agreement that any non-party may seek to enforce. Consultant acknowledges and agrees that should Consultant or its sub consultants provide false information, or fail to be or remain in compliance with this Agreement, the City may void this Agreement. The Consultant warrants and states that it has read the Contract Documents, and agrees to be bound thereby, including all performance guarantees as respects Consultant’s work and all indemnity and insurance requirements. 76 of 357 3 The Consultant shall obtain prior approval from the City prior to subcontracting with any entity or person to perform any of the work required under this Agreement. If the Consultant subcontracts any of the services to be performed under this Agreement, the subconsultant agreement shall provide that the services to be performed under any such agreement shall not be sublet, sold, transferred, assigned or otherwise disposed of to another entity or person without the City’s prior written consent. The Consultant shall be responsible for the accuracy and quality of any subconsultant’s work. All subconsultant agreements shall include verbatim or by reference the provisions in this Agreement binding upon Consultant as to all Services provided by this Agreement, such that it is binding upon each and every subconsultant that does work or provides Services under this Agreement. The Consultant shall cooperate fully with the City, other City contractors, other municipalities and local government officials, public utility companies, and others, as may be directed by the City. This shall include attendance at meetings, discussions and hearings as requested by the City. This cooperation shall extend to any investigation, hearings or meetings convened or instituted by OSHA relative to this Project, as necessary. Consultant shall cooperate with the City in scheduling and performing its Work to avoid conflict, delay in or interference with the work of others, if any, at the Project. Except as otherwise provided herein, the nature and scope of Services specified in this Agreement may only be modified by a writing approved by both parties. This Agreement may be modified or amended from time to time provided, however, that no such amendment or modification shall be effective unless reduced to writing and duly authorized and signed by the authorized representatives of the parties. B. Representation and Warranties. Consultant represents and warrants that: (1) Consultant possesses and will keep in force all required licenses to perform the Services, (2) the employees of Consultant performing the Services are fully qualified, licensed as required, and skilled to perform the Services. C. Termination. City may, at any time, with or without cause, terminate this Agreement upon seven (7) days written notice to Consultant. If the City terminates this agreement, the City will make payment to Consultant for Services performed prior to termination. Payments made by the City pursuant to this Agreement are subject to sufficient appropriations made by the City of Evanston City Council. In the event of termination resulting from non-appropriation or insufficient appropriation by the City Council, the City’s obligations hereunder shall cease and there shall be no penalty or further payment required. In the event of an emergency or threat to the life, safety or welfare of the citizens of the City, the City shall have the right terminate this Agreement without prior written 77 of 357 4 notice. Within thirty (30) days of termination of this Agreement, the Consultant shall turn over to the City any documents, drafts, and materials, including but not limited to, outstanding work product, data, studies, test results, source documents, AutoCad Version 2007, PDF, ArtView, Word, Excel spreadsheets, technical specifications and calculations, and any other such items specifically identified by the City related to the Services herein. D. Independent Consultant. Consultant’s status shall be that of an independent Consultant and not that of a servant, agent, or employee of City. Consultant shall not hold Consultant out, nor claim to be acting, as a servant, agent or employee of City. Consultant is not authorized to, and shall not, make or undertake any agreement, understanding, waiver or representation on behalf of City. Consultant shall at its own expense comply with all applicable workers compensation, unemployment insurance, employer’s liability, tax withholding, minimum wage and hour, and other federal, state, county and municipal laws, ordinances, rules, regulations and orders. Consultant agrees to abide by the Occupational Safety & Health Act of 1970 (OSHA), and as the same may be amended from time to time, applicable state and municipal safety and health laws and all regulations pursuant thereto. E. Conflict of Interest. Consultant represents and warrants that no prior or present services provided by Consultant to third parties conflict with the interests of City in respect to the Services being provided hereunder except as shall have been expressly disclosed in writing by Consultant to City and consented to in writing to City. F. Ownership of Documents and Other Materials. All originals, duplicates and negatives of all plans, drawings, reports, photographs, charts, programs, models, specimens, specifications, AutoCad Version 2007, Excel spreadsheets, PDF, and other documents or materials required to be furnished by Consultant hereunder, including drafts and reproduction copies thereof, shall be and remain the exclusive property of City, and City shall have the unlimited right to publish and use all or any part of the same without payment of any additional royalty, charge, or other compensation to Consultant. Upon the termination of this Agreement, or upon request of City, during any stage of the Services, Consultant shall promptly deliver all such materials to City. Consultant shall not publish, transfer, license or, except in connection with carrying out obligations under this Agreement, use or reuse all or any part of such reports and other documents, including working pages, without the prior written approval of City, provided, however, that Consultant may retain copies of the same for Consultant’s own general reference. All other training materials, assessment tools, documents, and forms developed by Consultant for purposes other than fulfilling its obligations under this Agreement are and shall remain property of Consultant. The City may use said materials for training purposes only pursuant to this Agreement. Usage of said materials by the City beyond the scope of this Agreement shall require Consultant’s written consent. 78 of 357 5 G. Payment. Invoices for payment shall be submitted by Consultant to City at the address set forth above, together with reasonable supporting documentation, City may require such additional supporting documentation as City reasonably deems necessary or desirable. Payment shall be made in accordance with the Illinois Local Government Prompt Payment Act, after City’s receipt of an invoice and all such supporting documentation. H. Right to Audit. Consultant shall for a period of three years following performance of the Services, keep and make available for the inspection, examination and audit by City or City’s authorized employees, agents or representatives, at all reasonable time, all records respecting the services and expenses incurred by Consultant, including without limitation, all book, accounts, memoranda, receipts, ledgers, canceled checks, and any other documents indicating, documenting, verifying or substantiating the cost and appropriateness of any and all expenses. If any invoice submitted by Consultant is found to have been overstated, Consultant shall provide City an immediate refund of the overpayment together with interest at the highest rate permitted by applicable law, and shall reimburse all of City’s expenses for and in connection with the audit respecting such invoice. I. Indemnity. Consultant shall defend, indemnify and hold harmless the City and its officers, elected and appointed officials, agents, and employees from any and all liability, losses, or damages as a result of claims, demands, suits, actions, or proceedings of any kind or nature, including but not limited to costs, and fees, including attorney’s fees, judgments or settlements, resulting from or arising out of any negligent or willful act or omission on the part of the Consultant or Consultant’s subcontractors, employees, agents or subcontractors during the performance of this Agreement. Such indemnification shall not be limited by reason of the enumeration of any insurance coverage herein provided. This provision shall survive completion, expiration, or termination of this Agreement. Nothing contained herein shall be construed as prohibiting the City, or its officers, agents, or employees, from defending through the selection and use of their own agents, attorneys, and experts, any claims, actions or suits brought against them. The Consultant shall be liable for the costs, fees, and expenses incurred in the defense of any such claims, actions, or suits. Nothing herein shall be construed as a limitation or waiver of defenses available to the City and employees and agents, including but not limited to the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1- 101 et seq. At the City Corporation Counsel’s option, Consultant must defend all suits brought upon all such Losses and must pay all costs and expenses incidental to them, but the City has the right, at its option, to participate, at its own cost, in the defense of any suit, without relieving Consultant of any of its obligations under 79 of 357 6 this Agreement. Any settlement of any claim or suit related to this Agreement by Consultant must be made only with the prior written consent of the City Corporation Counsel, if the settlement requires any action on the part of the City. To the extent permissible by law, Consultant waives any limits to the amount of its obligations to indemnify, defend, or contribute to any sums due under any Losses, including any claim by any employee of Consultant that may be subject to the Illinois Workers Compensation Act, 820 ILCS 305/1 et seq. or any other related law or judicial decision, including but not limited to, Kotecki v. Cyclops Welding Corporation, 146 Ill. 2d 155 (1991). The City, however, does not waive any limitations it may have on its liability under the Illinois Workers Compensation Act, the Illinois Pension Code or any other statute. Consultant shall be responsible for any losses and costs to repair or remedy work performed under this Agreement resulting from or arising out of any act or omission, neglect, or misconduct in the performance of its Work or its subconsultants’ work. Acceptance of the work by the City will not relieve the Consultant of the responsibility for subsequent correction of any such error, omissions and/or negligent acts or of its liability for loss or damage resulting therefrom. All provisions of this Section shall survive completion, expiration, or termination of this Agreement. J. Insurance. Consultant shall carry and maintain at its own cost with such companies as are reasonably acceptable to City all necessary liability insurance (which shall include as a minimum the requirements set forth below) during the term of this Agreement, for damages caused or contributed to by Consultant, and insuring Consultant against claims which may arise out of or result from Consultant’s performance or failure to perform the Services hereunder: (1) worker’s compensation in statutory limits and employer’s liability insurance in the amount of at least $500,000, (2) comprehensive general liability coverage, and designating City as additional insured for not less than $3,000,000 combined single limit for bodily injury, death and property damage, per occurrence, (3) comprehensive automobile liability insurance covering owned, non-owned and leased vehicles for not less than $1,000,000 combined single limit for bodily injury, death or property damage, per occurrence, and (4) errors and omissions or professional liability insurance respecting any insurable professional services hereunder in the amount of at least $1,000,000. Consultant shall give to the City certificates of insurance for all Services done pursuant to this Agreement before Consultant performs any Services, and, if requested by City, certified copies of the policies of insurance evidencing the coverage and amounts set forth in this Section. The City may also require Consultant to provide copies of the Additional Insured Endorsement to said policy(ies) which name the City as an Additional Insured for all of Consultant’s Services and work under this Agreement. Any limitations or modification on the certificate of insurance issued to the City in compliance with this Section that conflict with the provisions of this Section shall have no force and effect. Consultant’s certificate of insurance shall contain a 80 of 357 7 provision that the coverage afforded under the policy(s) will not be canceled or reduced without thirty (30) days prior written notice (hand delivered or registered mail) to City. Consultant understands that the acceptance of certificates, policies and any other documents by the City in no way releases the Consultant and its subcontractors from the requirements set forth herein. Consultant expressly agrees to waive its rights, benefits and entitlements under the “Other Insurance” clause of its commercial general liability insurance policy as respects the City. In the event Consultant fails to purchase or procure insurance as required above, the parties expressly agree that Consultant shall be in default under this Agreement, and that the City may recover all losses, attorney’s fees and costs expended in pursuing a remedy or reimbursement, at law or in equity, against Consultant. Consultant acknowledges and agrees that if it fails to comply with all requirements of this Section, that the City may void this Agreement. K. Confidentiality. In connection with this Agreement, City may provide Consultant with information to enable Consultant to render the Services hereunder, or Consultant may develop confidential information for City. Consultant agrees (i) to treat, and to obligate Consultant’s employees to treat, as secret and confidential all such information whether or not identified by City as confidential, (ii) not to disclose any such information or make available any reports, recommendations and /or conclusions which Consultant may make for City to any person, firm or corporation or use the same in any manner whatsoever without first obtaining City’s written approval, and (iii) not to disclose to City any information obtained by Consultant on a confidential basis from any third party unless Consultant shall have first received written permission from such third party to disclose such information. Pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/7(2), records in the possession of others whom the City has contracted with to perform a governmental function are covered by the Act and subject to disclosure within limited statutory timeframes (five (5) working days with a possible five (5) working day extension). Upon notification from the City that it has received a Freedom of Information Act request that calls for records within the Consultant’s control, the Consultant shall promptly provide all requested records to the City so that the City may comply with the request within the required timeframe. The City and the Consultant shall cooperate to determine what records are subject to such a request and whether or not any exemptions to the disclosure of such records, or part thereof, is applicable. Vendor shall indemnify and defend the City from and against all claims arising from the City’s exceptions to disclosing certain records which Vendor may designate as proprietary or confidential. Compliance by the City with an opinion or a directive from the Illinois Public Access Counselor or the Attorney General under FOIA, or with a decision or order of Court with jurisdiction over the City, shall not be a violation of this Section. 81 of 357 8 L. Use of City’s Name or Picture of Property. Consultant shall not in the course of performance of this Agreement or thereafter use or permit the use of City’s name nor the name of any affiliate of City, nor any picture of or reference to its Services in any advertising, promotional or other materials prepared by or on behalf of Consultant, nor disclose or transmit the same to any other party without the City’s express written consent. M. No Assignments or Subcontracts. Consultant shall not assign or subcontract all or any part or its rights or obligations hereunder without City’s express prior written approval. Any attempt to do so without the City’s prior consent shall, at City’s option, be null and void and of no force or effect whatsoever. Consultant shall not employ, contract with, or use the services of any other architect, interior designer, engineer, consultant, special contractor, or other third party in connection with the performance of the Services without the prior written consent of City. N. Compliance with Applicable Statues, Ordinances and Regulations. In performing the Services, Consultant shall comply with all applicable federal, state, county, and municipal statues, ordinances and regulations, at Consultant’s sole cost and expense, except to the extent expressly provided to the contrary herein. Whenever the City deems it reasonably necessary for security reasons, the City may conduct at its own expense, criminal and driver history background checks of Consultant’s officers, employees, subcontractors, or agents. Consultant shall immediately reassign any such individual who in the opinion of the City does not pass the background check. O. Liens and Encumbrances. Consultant, for itself, and on behalf of all subcontractors, suppliers, materialmen and others claiming by, through or under Consultant, hereby waives and releases any and all statutory or common law mechanics’ materialmens’ or other such lien claims, or rights to place a lien upon City property or any improvements thereon in connection with any Services performed under or in connection with this Agreement. Consultant further agrees, as and to the extent of payment made hereunder, to execute a sworn affidavit respecting the payment and lien releases of all subcontractors, suppliers and materialmen, and a release of lien respecting the Services at such time or times and in such form as may be reasonably requested by City. Consultant shall protect City from all liens for labor performed, material supplied or used by Consultant and/or any other person in connection with the Services undertaken by consultant hereunder, and shall not at any time suffer or permit any lien or attachment or encumbrance to be imposed by any subConsultant, supplier or materialmen, or other person, firm or corporation, upon City property or any improvements thereon, by reason or any claim or demand against Consultant or otherwise in connection with the Services. P. Notices. Every notice or other communication to be given by either party to the other with respect to this Agreement, shall be in writing and shall not be 82 of 357 9 effective for any purpose unless the same shall be served personally or by United States certified or registered mail, postage prepaid, addressed if to City as follows: City of Evanston, 2100 Ridge Avenue, Evanston, Illinois 60201, Attention: Purchasing Division and to Consultant at the address first above set forth, or at such other address or addresses as City or Consultant may from time to time designate by notice given as above provided. Q. Attorney’s Fees. In the event that the City commences any action, suit, or other proceeding to remedy, prevent, or obtain relief from a breach of this Agreement by Consultant, or arising out of a breach of this Agreement by Consultant, the City shall recover from the Consultant as part of the judgment against Consultant, its attorneys’ fees and costs incurred in each and every such action, suit, or other proceeding. R. Waiver. Any failure or delay by City to enforce the provisions of this Agreement shall in no way constitute a waiver by City of any contractual right hereunder, unless such waiver is in writing and signed by City. S. Severability. In the event that any provision of this Agreement should be held void, or unenforceable, the remaining portions hereof shall remain in full force and effect. T. Choice of Law. The rights and duties arising under this Agreement shall be governed by the laws of the State of Illinois. Venue for any action arising out or due to this Agreement shall be in Cook County, Illinois. The City shall not enter into binding arbitration to resolve any dispute under this Agreement. The City does not waive tort immunity by entering into this Agreement. U. Time. Consultant agrees all time limits provided in this Agreement and any Addenda or Exhibits hereto are of essence to this Agreement. Consultant shall continue to perform its obligations while any dispute concerning the Agreement is being resolved, unless otherwise directed by the City. V. Survival. Except as expressly provided to the contrary herein, all provisions of this Agreement shall survive all performances hereunder including the termination of the Consultant. VI. EQUAL EMPLOYMENT OPPORTUNITY In the event of the Consultant’s noncompliance with any provision of Section 1- 12-5 of the Evanston City Code, the Illinois Human Rights Act or any other applicable law, the Consultant may be declared nonresponsible and therefore ineligible for future contracts or subcontracts with the City, and the contract may be cancelled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. 83 of 357 10 During the performance of the contract, the Consultant agrees as follows: A. That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, marital status, national origin or ancestry, or age or physical or mental disabilities that do not impair ability to work, and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. Consultant shall comply with all requirements of City of Evanston Code Section 1-12-5. B. That, in all solicitations or advertisements for employees placed by it on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, or disability. VII. SEXUAL HARASSMENT POLICY The Consultant certifies pursuant to the Illinois Human Rights Act (775 ILCS 5/2- 105 et. seq.), that it has a written sexual harassment policy that includes, at a minimum, the following information: A. The illegality of sexual harassment; B. The definition of sexual harassment under State law; C. A description of sexual harassment utilizing examples; D. The Consultant’s internal complaint process including penalties; E. Legal recourse, investigation and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission, and directions on how to contact both; and F. Protection against retaliation as provided to the Department of Human Rights. VIII. CONSULTANT CERTIFICATIONS A. Consultant acknowledges and agrees that should Consultant or its subconsultant provide false information, or fail to be or remain in compliance with the Agreement, the City may void this Agreement. B. Consultant certifies that it and its employees will comply with applicable provisions of the U.S. Civil Rights Act, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. Section 1201 et seq.) and applicable rules in performance under this Agreement. 84 of 357 11 C. If Consultant, or any officer, director, partner, or other managerial agent of Consultant, has been convicted of a felony under the Sarbanes-Oxley Act of 2002, or a Class 3 or Class 2 felony under the Illinois Securities Law of 1953, Consultant certifies at least five years have passed since the date of the conviction. D. Consultant certifies that it has not been convicted of the offense of bid rigging or bid rotating or any similar offense of any State in the U.S., nor made any admission of guilt of such conduct that is a matter of record. (720 ILCS 5/33 E-3, E-4). E. In accordance with the Steel Products Procurement Act, Consultant certifies steel products used or supplied in the performance of a contract for public works shall be manufactured or produced in the U.S. unless the City grants an exemption. F. Consultant certifies that it is properly formed and existing legal entity, and as applicable, has obtained an assumed name certificate from the appropriate authority, or has registered to conduct business in Illinois and is in good standing with the Illinois Secretary of State. G. If more favorable terms are granted by Consultant to any similar governmental entity in any state in a contemporaneous agreement let under the same or similar financial terms and circumstances for comparable supplies or services, the more favorable terms shall be applicable under this Agreement. H. Consultant certifies that it is not delinquent in the payment of any fees, fines, damages, or debts to the City of Evanston. IX. INTEGRATION This Agreement, together with Exhibits A, B, C, and D sets forth all the covenants, conditions and promises between the parties with regard to the subject matter set forth herein. There are no covenants, promises, agreements, conditions or understandings between the parties, either oral or written, other than those contained in this Agreement. This Agreement has been negotiated and entered into by each party with the opportunity to consult with its counsel regarding the terms therein. No portion of the Agreement shall be construed against a party due to the fact that one party drafted that particular portion as the rule of contra proferentem shall not apply. In the event of any inconsistency between this Agreement, and any Exhibits, this Agreement shall control over the Exhibits. In no event shall any proposal or contract form submitted by Consultant be part of this Agreement unless agreed to in a writing signed by both parties and attached and referred to herein as an Addendum, and in such event, only the portions of such proposal or contract 85 of 357 12 form consistent with this Agreement and Exhibits hereto shall be part hereof. IN WITNESS WHEREOF, the parties hereto have each approved and executed this Agreement on the day, month and year first above written. CONSULTANT: CITY OF EVANSTON 2100 RIDGE AVENUE EVANSTON, IL 60201 By ________________________ By:________________________ Its: ________________________ Its: _______________________ FEIN Number: _______________ Date: _____________________ Date: _______________________ 86 of 357 13 EXHIBIT A This EXHIBIT A to that certain Consulting Agreement dated 8th day of December, 2014 between the City of Evanston, 2100 Ridge Avenue, Evanston, Illinois, 60201(“City”) and the James B. Moran Center sets forth the Commencement and Completion Date, Services, Fees, and Reimbursable Expenses as follows: COMMENCEMENT DATE: December 8, 2014 COMPLETION DATE: July 31, 2015 FEES: The City of Evanston shall be financially responsible for the furtherance of the program and the direct and indirect costs specifically determined to be $29,700 for not less than 9 program participants (@ approximately $3,300 each); $3000 for certificate for rehabilitation, criminal records sealing, expungement, and executive clemency legal services for each participant ; $300 for supportive services that include transportation, childcare and supplies. The James B. Moran Center will provide an invoice to the City requesting payment. This will be submitted in accordance with the Consultant invoice submittal deadlines; schedule will be provided by City. If the invoice needs adjustment or explanation, Consultant will work with the City to adjust or explain the invoice. Once the invoice is agreed upon by both parties, it shall be submitted for processing and be paid by the City billing procedure. SERVICES/SCOPE OF WORK: This agreement for services is to facilitate year two of the “Certificate of Rehabilitation Program”. The intention of the program is to obtain certificates of rehabilitation for qualified ex-offenders that reside in Evanston, Il. These certificates lift statutory bars to jobs, licenses or other necessities such as housing that result from a conviction history. Certificates are used to provide a way for qualified people with criminal records to demonstrate rehabilitation or a commitment to rehabilitation. They are an evidence based practice and resource that supports reentry and promotes public safety. Scope of the “Certificate of Rehabilitation Program” for the City of Evanston includes the following components: The James B Moran Center will secure Certificates of Rehabilitation and or which could also include criminal records sealing, expungement, or pardon/executive clemency for not less than 9 " Evanston” residents that have a criminal record, and who meet the prerequisites contained in the legislation. Prospective clients that have the following are not eligible: a Class X felony; any felony that resulted in “great bodily harm or permanent disability”; conviction for aggravated DUI or aggravated domestic battery; 87 of 357 14 and offenses that require post-release registration (sex offenses, offenses against children, rape, arson, etc). Individuals will receive the following assistance: (a) an initial assessment to determine the extent of criminal history and eligibility for the Certificate of Rehabilitation; (b) creation and development of personal history and references to be presented to the Circuit Court Judge; (c) mentoring from a licensed attorney; (d) assistance in obtaining all police, probation, and parole reports; (e) covering of costs associated with processing fees if ineligible for a fee waiver; (f) submission of all required legal documentation, filings and petitions at Circuit Court and States Attorney's Office; (g) legal representation during candidate court appearances and (h) provide assistance for childcare, transportation and supplemental support materials. OTHER SERVICES: A. The James B. Moran Center will work with City staff to identify, recruit, and service potential clients in the City of Evanston, and keep records of such. The Center will provide regular updates to City of Evanston staff on the status of individuals being served, including a summary of expenditures, encumbered and available balance. 88 of 357 For City Council meeting of November 24, 2014 Item A4 Resolution 83-R-14: Property for a Park and Land for the New Ashland Avenue Extended Roadway all within the Emerson Square Subdivision For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Mark Muenzer, Director of Community Development Michelle Masoncup, Deputy City Attorney Sarah Flax, Housing & Grants Administrator Subject: Resolution 83-R-14 Authorizing the Execution of an Agreement to Purchase Property for a Park and Accept a Dedication of Land for the New Ashland Avenue Extended Roadway all within the Emerson Square Subdivision Date: November 13, 2014 Recommended Action: Staff recommends City Council adoption of Resolution 83-R-14, authorizing the execution of an agreement to purchase property for a park and accept a dedication of land for the new Ashland Avenue extended roadway, all within the Emerson Square Subdivision. Funding Source: N/A Summary: Phase One of Emerson Square, comprising 32 units of rental housing, a public park and an extension of Ashland Avenue running north-south through the site at 1600 Foster Street is completed. Public Works staff has reviewed the park and certify that it meets City of Evanston standards, including all design and safety requirements. Public Works and Utilities staff has reviewed the roadway, including sewer and water improvements, and certify that completed street meets City of Evanston standards. Pursuant to the First Amendment to the Redevelopment Agreement by and between the City of Evanston and Brinshore Development, LLC approved by City Council on November 28, 2011, the City will accept the dedication of the public park in the form of a purchase contract for park property, and dedication of the street, both within the Emerson Square Subdivision. Attachment Resolution 83-R-14 Memorandum 89 of 357 11/13/2014 83-R-14 A RESOLUTION Authorizing the Execution of an Agreement to Purchase Property for a Park and Accept a Dedication of Land for the New Ashland Avenue Extended Roadway all within the Emerson Square Subdivision WHEREAS, the United States Department of Housing and Urban Development (“HUD”) awarded Neighborhood Stabilization Program 2 (“NSP 2”) grant funds to the City in the amount of $18.15 million for two main purposes: (a) acquire, rehabilitations and/or development, leasing and/or sale of a minimum of 100 single-family, multi-family and condominium units; and (b) the development of a mixed tenure residential development called “Emerson Square” in the area bounded by Emerson Street, the alley east of Dewey Avenue, Foster Street and Gilbert Park and Jackson; and WHEREAS, the City entered into a redevelopment agreement and subsequent amendments with Brinshore Development, L.L.C (“Brinshore”) to carry out the goals of the NSP2 grant funds, including a second amendment to the redevelopment agreement (the “RDA Second Amendment”) dated July 26, 2012 clarifying development issues, including that the City would acquire Lot 4 for a public park after Emerson Square was developed and the park was complete; and WHEREAS, the first phase of the Emerson Square development is complete and the park situated on Lot 4 has been constructed and the City seeks to acquire it from Brinshore for use as a public park; and WHEREAS, the new roadway, extension of Ashland Avenue, through the Emerson Square subdivision is also complete; and 90 of 357 83-R-14 - 2 - WHEREAS, EMSQ Holding LLC, an Illinois limited liability company (“EMSQ Holding”) is the owner of several lots, including Lot 4 (“Park”) and Lot 5 (“Roadway”) and seeks to convey the Park and Roadway to the City of Evanston; and WHEREAS, it is in the best interests of the City of Evanston to purchase the Park from EMSQ Holding to expand its public park system and to accept the dedication of the Roadway for the continuity of the City’s right -of-way system, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The City Manager is hereby authorized and directed to execute, and the City Clerk hereby authorized and directed to attest, on behalf of the City, the Real Estate Contract (the “Agreement”) as set forth in Exhibit 1, by and between EMSQ Holding LLC and the City of Evanston for the purchase of the Park for a price of $1.00 (One and no/100 Dollar) and accept the dedication of the Roadway . SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional conditions or terms of the Agreement as may be determined to be in the best interests of the City. SECTION 3: That this Resolution 83-R-14 shall be in full force and effect from and after its passage and approval in the manner provided by law. 91 of 357 83-R-14 - 3 - ______________________________ Elizabeth B. Tisdahl, Mayor Attest: ______________________________ Rodney Greene, City Clerk Adopted: __________________, 2014 92 of 357 83-R-14 - 4 - EXHIBIT 1 CONTRACT 93 of 357 151779 PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (“Agreement”) is made as of this ____ day of ____________, 2014, by and between the City of Evanston, an Illinois home rule unit of government located in Cook County, Illinois (“Purchaser”), and EMSQ Holding, LLC, an Illinois limited liability company (“Seller”). WITNESSETH: WHEREAS, Seller is the owner of that certain property in Evanston, Illinois described on Exhibit A attached hereto and made a part hereof (the “Property”); WHEREAS, the Property consists of a newly constructed street (the “Street”) and a newly constructed park (the “Park”) that were built by Seller as part of the Emerson Square redevelopment; WHEREAS, Seller is an Affiliate of Brinshore Development, LLC, an Illinois limited liability company; WHEREAS, Brinshore Development, LLC has entered into that certain Redevelopment Agreement with Seller Regarding the Neighborhood Stabilization Program 2 Grant Number B-09- LN-IL-0026, as amended (the “Redevelopment Agreement”); and WHEREAS, in accordance with the Redevelopment Agreement, Seller and Purchaser have agreed that the Street will be dedicated as a public right-of-way and the Park will be conveyed to the Purchaser; NOW, THEREFORE, for and in consideration of the promises and of the mutual covenants and agreements hereinafter set forth, the parties agree to the terms of this Agreement, which reads in its entirety as follows: 1. Agreement to Purchase the Park. Purchaser agrees to purchase and Seller agrees to sell and convey or cause to be conveyed to Purchaser, or its designee, by Special Warranty Deed (the “Deed”), good and merchantable title to the Park at the price and subject to the terms, conditions and provisions hereinafter set forth. The Deed shall be substantially in the form attached hereto as Exhibit B. 2. Dedication of Street. Purchaser agrees to accept a dedication of the Street as a public right-of-way pursuant to a Plat of Dedication (the “Plat”) substantially in the form attached hereto as Exhibit C. 3. Bill of Sale. Purchaser agrees to accept a Bill of Sale from Seller for any and all improvements located on the Street (the “Bill of Sale”) substantially in the form attached hereto as Exhibit D. 94 of 357 2 4. Purchase Price. Purchaser agrees to pay and Seller agrees to accept as for the Property the sum of $1.00 (“Purchase Price”) payable at Closing (as hereinafter defined). 5. Title Policy. (a) Seller has previously furnished Purchaser, at Seller’s expense, a title commitment with respect to the Property. Purchaser acknowledges that the title commitment is acceptable to Purchaser. (b) Purchaser and Seller shall, at Seller’s expense, obtain a title insurance policy covering the Park, issued by Chicago Title Insurance Company through its agent, Greater Illinois Title Company, or another title company acceptable to Purchaser (“Title Insurer”), dated as of the date Closing in a nominal amount, free and clear of all liens and encumbrances whatsoever, except for general real estate taxes not due and payable, covenants, conditions, restrictions and other matters of record shown on the title commitment and those additional matters approved by Purchaser (the “Permitted Exceptions”). (c) The title commitment shall be conclusive evidence of good and merchantable title as therein shown as to all matters insured by the policy, subject only to the exceptions as therein stated. Seller shall also furnish Purchaser an affidavit of title in customary form covering the date of Closing and showing title in Seller subject only to the Permitted Exceptions. 6. Representations. (a) Seller’s Representations. As an inducement to Purchaser to enter into this Agreement Seller hereby represents to Purchaser and agrees as follows: (i) Seller has the right, power and authority to sell and dedicate the Property, as the case may be, subject to the terms and conditions provided for in this Agreement, and to execute, deliver and perform its obligations under this Agreement and all other instruments, conveyances and documents to be executed and delivered in connection with the transaction contemplated herein. This Agreement and all other documents executed and delivered, or to be executed and delivered by Seller in connection with this Agreement have been, or at the appropriate time will be, duly executed and delivered and constitute or, upon such execution and delivery will constitute, the legal, valid and binding obligations of Seller, enforceable in accordance with the respective terms and provisions. No consent or approval of any person, firm, corporation or governmental authority is required to be obtained by Seller in order for Seller to enter into this Agreement. (ii) To the best of Seller’s knowledge, there exists no action, suit, litigation or proceeding affecting the Property to which Seller is a party, and to the knowledge of Seller, there is no such action, suit, litigation or proceeding threatened. 95 of 357 3 (iii) Seller is not a “foreign person” as defined in Section 1445 of the Internal Revenue Code and is therefore exempt from the withholding requirements of said Section. Seller shall furnish Purchaser at Closing the exemption certification set forth in said Section. (b) Purchaser’s Representations. As an inducement to Seller to enter into this Agreement Purchaser hereby represents to Seller and agrees as follows: (i) Purchaser has the right, power and authority to purchase and accept a dedication of the Property, as the case may be, subject to the terms and conditions provided for in the Agreement, and to execute, deliver and perform its obligations under this Agreement and all other instruments, conveyances and documents to be executed and delivered in connection with the transaction contemplated herein. This Agreement and all other documents executed and delivered, or to be executed and delivered by Purchaser in connection with this Agreement have been, or at the appropriate time will be, duly executed and delivered and constitute or, upon such execution and delivery will constitute, the legal, valid and binding obligations of Purchaser, enforceable in accordance with the respective terms and provisions. No consent or approval of any person, firm, corporation or governmental authority is required to be obtained by Purchaser in order for Purchaser to enter into this Agreement. 7. Closing of Sale. (a) The Closing (“Closing”) shall take place on a date mutually agreeable to the parties but not later than _____________, 2014. (b) At Closing, each party shall, without further consideration, execute and deliver such additional instruments as may be reasonably requested by the other party in order to complete and effectuate the transfer of title and ownership of the Property, provided that such additional instruments (other than these specifically provided for in this Agreement, and customary Closing documents) shall not impose cost or liability on any party. This transaction shall be closed in accordance with the general provisions of the usual form of New York style escrow agreement then in use by the Title Insurer, the costs of which escrow shall be paid by Seller. Real estate taxes shall not be prorated. Seller shall pay any State, County or other transfer tax imposed by local ordinance. 8. “As Is” Sale. Purchaser acknowledges that it will have adequate opportunity to inspect the Property and accepts the risk that any inspection may not disclose all material matters affecting the Property. SUBJECT ONLY TO THE TERMS OF SECTION 5(a) AND IF PURCHASER CLOSES THE TRANSACTION CONTEMPLATED HEREUNDER, PURCHASER AGREES TO ACCEPT THE PROPERTY IN ITS “AS IS” “WHERE IS” AND “WITH ALL FAULTS” CONDITION AT CLOSING AND THAT PURCHASER IS NOT RELYING ON ANY REPRESENTATIONS OR WARRANTIES OF ANY 96 of 357 4 KIND WHATSOEVER, EXPRESS OR IMPLIED, FROM SELLER OR ITS AGENTS OR BROKERS, OR ANY OTHER PERSON ACTING OR PURPORTING TO ACT ON BEHALF OF SELLER, AS TO ANY MATTERS CONCERNING THE PROPERTY, INCLUDING WITHOUT LIMITATION: (i) the quality, nature, adequacy and physical condition and aspects of the Property, including, but not limited to, the structural elements, seismic aspects of the Property, foundation, roof, appurtenances, access, landscaping, parking facilities and the electrical, mechanical, HVAC, plumbing, sewage, and utility systems, facilities and appliances, the square footage within the improvements on the Real Property and within each tenant space therein, (ii) the quality, nature, adequacy, and physical condition of soils, geology and any groundwater, (iii) the existence, quality, nature, adequacy and physical condition of utilities serving the Property, (iv) the development potential of the Property, and the Property’s use, habitability, merchantability, or fitness, suitability, value or adequacy of the Property for any particular purpose, (v) the zoning or other legal status of the Property or any other public or private restrictions on use of the Property, (vi) the compliance of the Property or its operation with any applicable codes, laws, regulations, statutes, ordinances, covenants, conditions and restrictions of any governmental or quasi-governmental entity or of any other person or entity, (vii) the quality of any labor and materials used in any improvements on the Real Property, (viii) the condition of title to the Property (except the deed warranties), (ix) the value, economics of the operation or income potential of the Property, or (x) any other fact or condition which may affect the Property, including without limitation, the physical condition, value, economics of operation or income potential of the Property. In addition, Seller shall have no legal obligation to apprise Purchaser regarding any event or other matter involving the Property which occurs after the Effective Date or to otherwise update any due diligence items, unless and until an event or other matter occurs which would cause Seller to be unable to remake any of its representations or warranties contained in this Agreement. 9. Brokerage. Purchaser and Seller each represent and warrant to the other that it has had no dealings with any broker or agent in connection with this Agreement and the subject matter hereof, and each party agrees to pay, and hold harmless and indemnify the other from and against, any and all costs, expenses or liabilities for compensation, commissions and other amounts claimed by any other broker or agent allegedly retained, consulted or employed by such indemnifying party. 10. Miscellaneous. (a) This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and to their respective successors and assigns. (b) Capitalized terms used by not defined in this letter shall have the meanings ascribed to them in the Redevelopment Agreement. (c) This Agreement may be executed in counterparts, each of which shall be an original, but all of which shall constitute one instrument. 97 of 357 5 (d) This Agreement (i) contains the entire understanding between the parties hereto with respect to the transactions contemplated herein; and (ii) may be altered or amended from time to time only by written instrument executed by both parties hereto. (e) This Agreement shall be interpreted in accordance with the laws of the State of Illinois. (f) The provisions of the Uniform Vendor and Purchaser Risk Act of the State of Illinois shall be applicable to this Agreement. [Signature Page Follows] 98 of 357 6 IN WITNESS WHEREOF, the parties have executed this Agreement this day and year first written above. PURCHASER: CITY OF EVANSTON, A Home Rule unit of government By: Print Name: Wally Bobkiewicz Its: City Manager SELLER: EMSQ HOLDING, LLC, an Illinois limited liability company, By: Brinshore, Inc., its manager By: Name: Its: 99 of 357 A-1 EXHIBIT A LOTS 4 AND 5 IN THE EMERSON SQUARE SUBDIVISION OF A PART OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS ACCORDING TO THE PLAT THEREOF, RECORDED ON OCTOBER 2, 2012 AS DOCUMENT NUMBER 1227616095. Parcel Number: 10-13-209-027-0000 10-13-209-028-0000 Real Estate Address: 1600 Foster Avenue, Evanston, Illinois 100 of 357 B-1 EXHIBIT B DEED This instrument was prepared by: Steven D. Friedland Applegate & Thorne-Thomsen, P.C. 626 W. Jackson Blvd, Suite 400 Chicago, Illinois 60661 Upon recording mail to: Michelle L. Masoncup City of Evanston Legal Department 2100 Ridge Avenue Evanston, IL 60201 SPECIAL WARRANTY DEED EMSQ Holding, LLC, an Illinois limited liability company ("Grantor") having an address of 666 Dundee Road, Suite 1102 Northbrook, IL 60062, for and in consideration of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations in hand paid, the receipt and sufficiency of which are hereby acknowledged, by these presents does GRANT, BARGAIN, SELL, REMISE, RELEASE, ALIEN AND CONVEY to the City of Evanston, an Illinois municipal corporation ("Grantee") having an address of 2100 Ridge Avenue, Evanston, IL 60201, all the following real property situated in the County of Cook, in the State of Illinois, to wit: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF. Together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, together with the improvements thereon and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, and interest, of Grantor, of, in and to the above described premises, with the hereditaments and appurtenances: TO HAVE AND TO HOLD the said premises as above described, with the appurtenances, unto the Grantee, its heirs, successors and assigns forever. And Grantor, for itself, and its successors, does covenant, promise and agree, to and with the Grantee, its successors and assigns, that it has not done or suffered to be done, anything whereby the said premises hereby granted are, or may be, in any manner encumbered or charged, except as herein recited; and it WILL WARRANT AND DEFEND the said premises unto the 101 of 357 B-2 Grantee, its successors and assigns, against all persons lawfully claiming, or to claim the same, by, through or under it, subject to the matters set forth in EXHIBIT B attached hereto and made a part hereof, and not otherwise. Grantor hereby releases and waives all rights under and by virtue of the Homestead Exemption Laws of the State of Illinois. 102 of 357 B-3 In Witness Whereof, said Grantor has caused its name to be signed to these presents as of the _____ day of ____________, 2014. EMSQ HOLDING, LLC, an Illinois limited liability company By: Brinshore, Inc., an Illinois corporation, its sole member By: Name: ___________________ Title: ____________________ State of Illinois ) ) ss: County of Cook ) I, the undersigned, a Notary Public in and for said County in the State aforesaid, do hereby certify that , of Brinshore, Inc., an Illinois corporation, the sole member of EMSQ HOLDING, LLC, and personally known to me to be the same person whose name is subscribed to the foregoing instrument as such manager appeared before me this day in person and acknowledged that she signed and delivered such instrument as his/her own free and voluntary act, all for the uses and purposes set forth therein. Given under my hand and official seal this ____ day of _________, 2014. Commission expires Notary Public SEND SUBSEQUENT TAX BILLS TO: City of Evanston 2100 Ridge Avenue Evanston, IL 60201 103 of 357 B-4 EXHIBIT A LEGAL DESCRIPTION LOT 4 IN EMERSON SQUARE SUBDIVISION OF A PART OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS. COMMON ADDRESS: 1600 FOSTER STREET, EVANSTON, IL PERMANENT INDEX NUMBERS: 10-13-209-027-0000 104 of 357 B-5 EXHIBIT B 1. Covenants, conditions and restrictions of record. 2. Taxes not yet due and payable. 105 of 357 C-1 EXHIBIT C PLAT OF DEDICATION 106 of 357 107 of 357 E-1 EXHIBIT D BILL OF SALE EMSQ Holding, LLC, an Illinois limited liability company (the “Grantor”), in consideration of Ten Dollars ($10.00), receipt whereof is hereby acknowledged, does hereby sell, assign, transfer and set over to the City of Evanston, an Illinois municipal corporation (“Grantee”), the following described personal property, to-wit: All roadways, curbs, gutters, medians, street lights, sidewalks and landscaping located on the property legally described in Exhibit A attached hereto (collectively, the “Improvements”) Grantor hereby represents and warrants to Grantee that Grantor has full right, power and authority to sell said Improvements and to make this Bill of Sale. All warranties of quality, fitness and merchantability are hereby excluded. By accepting this Bill of Sale, the Grantee agrees to assume full responsibility for the maintenance and repair of the Improvements. [Signature Page Follows] 108 of 357 C-2 IN WITNESS WHEREOF, Grantor has signed and sealed this Bill of Sale this ___ day of _______________, 2014. EMSQ HOLDING, LLC, an Illinois limited liability company By: Brinshore, Inc., an Illinois corporation, its sole member By: Name: ___________________ Title: ____________________ State of Illinois ) ) ss: County of Cook ) I, the undersigned, a Notary Public in and for said County in the State aforesaid, do hereby certify that , of Brinshore, Inc., an Illinois corporation, the sole member of EMSQ HOLDING, LLC, and personally known to me to be the same person whose name is subscribed to the foregoing instrument as such manager appeared before me this day in person and acknowledged that she signed and delivered such instrument as his/her own free and voluntary act, all for the uses and purposes set forth therein. Given under my hand and official seal this ____ day of _________, 2014. Commission expires Notary Public 109 of 357 For City Council meeting of November 24, 2014 Item A5 Resolution 89-R-14: Amending the FY 2014 Budget For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/Chief Financial Officer Subject: Resolution 89-R-14 Amending the FY 2014 Budget Date: November 24, 2014 Recommended Action: Staff recommends City Council adoption of Resolution 89-R-14, authorization to amend the FY 2014 Budget. The proposed amendment would increase FY 2014 General Fund budgeted expenditures by $1,622,053 from $89,012,485 to $90,634,538. Funding Source: The funding adjustments associated with the proposed FY 2014 Budget Amendment are summarized by Department in the table below: DEPARTMENT 2014 BUDGET 2014 PROPOSED AMENDMENT DIFFERENCE CITY COUNCIL $ 434,899 $ 427,807 $ (7,092) CITY CLERK $ 242,722 $ 211,221 $ (31,501) CITY MANAGER'S OFFICE $ 1,941,114 $ 1,662,057 $ (279,057) LAW $ 1,042,831 $ 959,802 $ (83,029) ADMINISTRATIVE SERVICES $ 8,826,609 $ 9,119,814 $ 293,205 COMMUNITY DEVELOPMENT $ 2,652,688 $ 2,707,345 $ 54,657 POLICE $ 26,876,444 $ 27,994,019 $ 1,117,575 FIRE MGMT & SUPPORT $ 14,072,488 $ 14,238,555 $ 166,067 HEALTH AND HUMAN SERVICES $ 3,009,288 $ 3,117,681 $ 108,393 PUBLIC WORKS $ 17,884,615 $ 18,604,977 $ 720,362 PARKS, REC. AND COMMUNITY SERV. $ 12,028,787 $ 11,591,260 $ (437,527) TOTAL $ 89,012,485 $ 90,634,538 $ 1,622,053 Memorandum 110 of 357 As can be seen from the chart above, a few departments are over budget for the following reasons: 1. Public Works: As presented at the March 31, 2014 Council meeting, the record-setting amount of snow in Evanston during last winter cost the city an additional $612,718 as shown below: Account 2014 Budget Costs Snow OT 275,000 659,147 Materials 350,000 318,156 Towing 60,000 114,660 Equipt Rental 95,719 Misc 110,036 685,000 1,297,718 612,718 Included in this budget amendment is also an additional $350,000 expense from Public Works to the Capital Fund. This money, which will be transferred in 2014, will be used in 2015 to pave an additional 0.5 miles of street per Council direction during the 2015 Budget discussions. 2. Public Safety: During the first half of 2014, the Police and Fire Departments faced situations which required increases in over-time. As a result, both public safety departments anticipate closing 2014 over budget. 3. Health: May 1, 2014, the General Assistance functions of the township were incorporated into the City of Evanston’s Health Department. These costs were not in the 2014 budget because the referendum had not yet been passed. The Budget Amendment will allow for the budget to incorporate this additional function. Summary: Staff recommends approval of Resolution 89-R-14 – Authorization to amend the FY 2014 Budget. The proposed amendment would increase FY 2014 General Fund budgeted expenditures $1,622,053 from $89,012,485 to $90,634,538. As noted during the budget review process this increase in the General Fund Budget is completely offset by increases in revenues, and the General Fund is estimated to close 2014 with a surplus of $458,227, after the $350,000 transfer to Capital projects is completed. Legislative History: N/A Attachments: 111 of 357 Resolution 89-R-14 – Budget Amendment 112 of 357 11/24/2014 89-R-14 A RESOLUTION Authorizing the City of Evanston City Manager to Increase the Total Fiscal Year General Fund 2014 Appropriation $1,622,053.00, to a New Total of $90,634,538.00. WHEREAS, a total General Fund appropriation amendment for one million, six hundred and twenty-two thousand and fifty three dollars ($1,622,053.00) is required due to the following items: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the foregoing recitals are hereby found as fact and made a part hereof. DEPARTMENT 2014 BUDGET 2014 PROPOSED AMENDMENT DIFFERENCE CITY COUNCIL 434,899$ 427,807$ (7,092)$ CITY CLERK 242,722$ 211,221$ (31,501)$ CITY MANAGER'S OFFICE 1,941,114$ 1,662,057$ (279,057)$ LAW 1,042,831$ 959,802$ (83,029)$ ADMINISTRATIVE SERVICES 8,826,609$ 9,119,814$ 293,205$ COMMUNITY DEVELOPMENT 2,652,688$ 2,707,345$ 54,657$ POLICE 26,876,444$ 27,994,019$ 1,117,575$ FIRE MGMT & SUPPORT 14,072,488$ 14,238,555$ 166,067$ HEALTH AND HUMAN SERVICES 3,009,288$ 3,117,681$ 108,393$ PUBLIC WORKS 17,884,615$ 18,604,977$ 720,362$ PARKS, REC. AND COMMUNITY SERV.12,028,787$ 11,591,260$ (437,527)$ TOTAL 89,012,485$ 90,634,538$ 1,622,053$ 113 of 357 89-R-14 SECTION 2: That the Council authorize the Fiscal Year 2014 General Fund appropriation be increased one million, six hundred and twenty- two thousand and fifty three dollars ($1,622,053.00) to ninety million, six hundred and thirty-four thousand, five hundred and thirty eight dollars ($90,634,538.00). SECTION 3: That approval of this resolution shall authorize the City Manager to expend and/or encumber up to ninety million, six hundred and thirty-four thousand, five hundred and thirty eight dollars ($90,634,538.00) for Fiscal Year 2014 for General Funds. SECTION 4: That this Resolution shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Adopted: __________________, 2014 ~2~ 114 of 357 For City Council meeting of November 24, 2014 Item A6 Resolution 91-R-14: FY 2015 Budget of the City of Evanston For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Wally Bobkiewicz, City Manager Martin Lyons, Assistant City Manager/CFO Subject: Resolution 91-R-14: Fiscal Year 2015 Budget of the City of Evanston Date: November 24, 2014 Recommended Action: Staff recommends approval of Resolution 91-R-14 adopting the FY 2015 Budget of the City of Evanston, in the amount of $265,110,667. Summary: Staff recommends approval of the FY 2015 Budget of the City of Evanston, in the amount of $265,110,667. The annual budget is a policy document which sets the financial course for the City and defines the service priorities provided to the community. It is the culmination of months of effort by the City staff and public to balance available resources with the actual and desired services required by Evanston residents, businesses, and visitors. The FY 2015 Proposed Budget document was published on October 10, 2014. After publishing the document, the City Council held public meetings and a public hearing in order to determine priorities on the budget. Staff also provided public communications and outreach in the forms of an Evanston commercial, survey, and Streets Alive discussion. These events were all conducted to facilitate a community dialogue and to discuss possible changes to balance the FY 2015 Proposed Budget. A summary of the changes to the Proposed Budget which is recommended for inclusion in the FY 2015 Adopted Budget is provided below. General Fund In the initial draft, the General Fund proposed a $125,241 surplus. The revised version includes a surplus of $99,320 which is detailed on the next page as follows: Memorandum 115 of 357 Initial Proposed Budget Final Recommended Budget Change Notes REVENUES Economic Development Contribution 147,292$ 150,000.00$ 2,708.00$ The Final Recommended contribution from Economic Development has been rounded to $150,000. Birth & Death Certificates (100,000.00)$ 12,000.00$ 112,000.00$ Final recommended budget includes a change in certificate fees to match Cook County rates (detailed below) EXPENSES Vital Records Elimination (169,549.00)$ (71,620.00)$ 97,929.00$ Initial draft included elimination of 2 positions; revised is one position Increase in Uniform costs 19,500.00$ 39,500.00$ 20,000.00$ Across departments Addition of 2 crossing guards 12,700.00$ 12,700.00$ Per Council request Training for Public Works Staff 10,000.00$ 10,000.00$ Increase for job certificate training NET CHANGE (25,921.00)$ General Fund Surplus 125,241.00$ 99,320.00$ To further explain these changes: a. The 2015 proposed budget included $150,000 as a transfer from the Economic Development fund, but only $147,292 as the revenue. This was a typographical error that we are correcting in the adopted document. b. The 2015 proposed budget included a decrease in revenues and expenses associated with Vital Records. The Revised document includes the reduction of staff from 2 to 1 (with one individual being transferred to a vacancy within the City). Secondly, the fees for birth and death certificates have been changed to more closely match those charged by Cook County, which increases the budgeted revenue to $112,000. The breakdown of these changes in costs was presented to Council during the November 17, 2014 budget discussion. c. There is an increase in uniform costs across the City. d. During the November 17, 2014 Council discussion, two additional crossing guards were requested. As detailed in the budget memo on this topic, the cost is $6,350 per crossing guard. e. The $10,000 increase in training for Public Works staff will allow for the certification of various employees across multiple business unites including forestry and grounds. 116 of 357 The General Fund is still proposed to be balanced with a General Fund surplus of $99,320 for 2015 with no increase to the City’s tax levy (excluding library). Southwest TIF— The 2015 Proposed Budget did not include any expenses associated with the Southwest TIF. The Council approved the closing of this TIF district on October 27, 2014; the actual date of dissolution is the end of 2014. Because staff will be waiting on final bills during that time, the TIF is anticipated to close 2014 with an approximately surplus of $860,000. As a result, the disbursement of this money to various taxing bodies will take place in 2015. The City of Evanston anticipates receiving approximately 20% or $172,000 of this amount as a portion of the taxing body. Capital Fund— The revised Proposed 2015 Budget includes an increase of $1,000,000 to cover three projects related to street and alley paving: Initial Proposed Budget Final Recommended Budget Change Notes Paving of one additional alley 250,000$ 250,000$ Per Council direction 1.5 additional alleys paved 400,000$ 400,000$ Delayed due to weather and legal discussion 0.5 miles of additional streets paved 350,000$ 350,000$ 2014 General Fund surplus to be transferred with Nov 24 2014 Budget Amendment 1,000,000$ The funding for this additional $1,000,000 is broken down as follows: Cost Paving of one additional alley 250,000$ 1.5 additional alleys paved 400,000$ 0.5 miles of additional streets paved 350,000$ 1,000,000$ Funding Source $125,00 G.O. Bonds funded by property taxes; $125,000 in Special Assessment Fund G.O. Bonds (funded by resident contributions) 2014 Carryover from CDBG funds Transfer of 2014 General Fund Surplus The 2015 Proposed Budget originally included $7.58M in new G.O. Bonds for capital projects, which is below the $8.33M issued in 2014. The additional alley will increase the budgeted G.O. Bond issue amount paid from property taxes to $7.73M, which is still $600,000 below the 2014 level. Revenue Increases As noted throughout the budget discussion, the 2015 budget includes revenues from three revenue increases: --Increase of Auto Rental Tax to 3% 117 of 357 --Increase of Water Fees by 10% --Increase in birth certificate fee-- $15 for first certificate $4 for each additional --Increase in death certificate fees-- $17 for first certificate $6 for each additional Position Increases The total FTE Count for the City of Evanston will increase by 11.8 over 2014 levels. The emphasis of new positions proposed in the 2015 budget is to increase workforce development and general assistance functions offered from the City. These changes are as follows: 1 Tax Assessment Reviewer from Township 2 General Assistance Specialists from Township 1 Customer Service Representative from Township 1 Senior Ombusdsman Assistant added in 2014 1 Youth & Young Adult Outreach Development Work added in 2014 6 Subtotal added during 2014 -1 Transfer of Vital Records Staff General Fund -1 Elimination of architect position General Fund 1 General Assistance Specialist General Fund 1 Medical Billing Clerk General Fund 1 M/W/EBE and LEP Coordinator General Fund 1.5 Parks Outreach Workers General Fund 2.5 2015 Proposed Budget Subtotal General Fund 3.3 Inrease of part-time positions at the Library Library Fund 3.3 Library Fund Subtotal 11.8 Total Increases over 2014 Budgeted FTE number 2014 Tax Levy The 2015 Proposed Budget includes no net increase in property taxes for the combined levies in the General Fund, Debt Service Fund, Pension Funds, and newly created General Assistance Fund. The Town Levy will now be incorporated into the General Fund levy, resulting in the elimination of a separate line item on the bills of residents. The Evanston Public Library, which is included in this document, has a separate tax levy, which is approved by the Library Board and recommended to the City Council for approval each year. Attachments: Resolution 91-R-14 FY 2015 Budget Balancing Worksheet 118 of 357 11/24/2014 91-R-14 A RESOLUTION Approving the 2015 Fiscal year Budget of the City of Evanston WHEREAS, 65 ILCS 5/8-2-9.1 et seq. and Title 1, Chapter 8 of the City Code, 2012, as amended, require the City Manager to submit to the City Council a proposed budget for the ensuing fiscal year that presents a complete revenues and expenditures plan for each fund; and WHEREAS, in accordance with legal requirements, the City Manager submitted the proposed budget for the 2015 fiscal year to the City Council for its review and the required hearings on said budget were conducted and properly noticed to the public thereto; and WHEREAS, the City Council has reviewed the proposed budget, with a total expenditure amount of $265,110,667. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The foregoing recitals hereby found as fact and incorporated herein by reference. SECTION 2: That the City Council hereby adopts the City of Evanston’s 2015 fiscal year budget, with a total expenditure amount of $265,110,667, summarized in the document attached hereto as Exhibit A and incorporated herein by reference, and hereby directs the City Manager to implement said budget. 119 of 357 91-R-14 SECTION 3: That this Resolution 91-R-14 shall be in full force and effect from and after its passage and approval in the manner provided by law. ______________________________ Elizabeth B. Tisdahl, Mayor Attest: ______________________________ Rodney Greene, City Clerk Adopted: __________________, 2014 - 2 - 120 of 357 91-R-14 EXHIBIT A City of Evanston – Fiscal Year 2015 Adopted Budget Summary Fund Fund # FY 2015 Proposed Expenditures General 100 91,335,315$ General Assistance 175 1,370,369$ Human Services 176 859,153$ Library 185 6,631,692$ Library - Capital 186 605,700$ Library - Debt Service 187 605,138$ HPRP 190 -$ Neighborhood Stabilization 195 383,596$ Motor Fuel 200 2,533,000$ Emergency Telephone 205 1,175,973$ Special Service Area # 4 210 320,000$ CDBG 215 1,990,111$ CDBG Loan 220 237,100$ Economic Development 225 3,252,528$ Neighborhood Improvement 235 50,000$ HOME 240 441,200$ Affordable Housing Fund 250 405,000$ Washington National TIF 300 6,140,296$ Special Service Area # 5 305 425,175$ Southwest II TIF 310 3,648,010$ Southwest TIF 315 861,217$ Debt Service 320 13,918,114$ Howard-Ridge TIF 330 798,100$ West Evanston TIF 335 165,000$ Dempster-Dodge TIF 340 -$ Capital Improvement 415 19,182,150$ Special Assessment 420 761,698$ Parking 505 15,659,294$ Water 510 32,075,642$ Sewer 515 13,389,635$ Solid Waste 520 5,191,820$ Fleet 600 3,544,337$ Equipment Replacement 601 1,515,422$ Insurance 605 17,209,752$ Fire Pension 700 7,886,630$ Police Pension 705 10,542,500$ Total All Funds 265,110,667$ - 3 - 121 of 357 1 FY 2015 INITIAL PROPOSED ADJUSTMENTS FY 2015 FINAL ADOPTED ADJUSTMENTS $ 2,500 $ 2,500 $ 122,000 $ 122,000 535,000$ 535,000.00$ 423,830$ 423,830.00$ 150,000$ 150,000.00$ 150,000$ 150,000.00$ 147,292$ 150,000.00$ 75,000$ 75,000.00$ 128,614$ 128,614.00$ 100,000$ 100,000.00$ 80,000$ 80,000.00$ 48,000$ 48,000.00$ 40,000$ 40,000.00$ 18,247$ 18,247.00$ 30,000$ 30,000.00$ (8,200)$ (8,200.00)$ 3,000$ 3,000.00$ (1,667)$ (1,667.00)$ (7,000)$ (7,000.00)$ (35,000)$ (35,000.00)$ (50,000)$ (50,000.00)$ 200$ 200.00$ (2,000)$ (2,000.00)$ (57,425)$ (57,425.00)$ (200,000)$ (200,000.00)$ Tax levy reduction (to Police Pension fund)(310,928)$ (310,928)$ Tax levy reduction (to General Assistance fund)(462,000)$ (462,000)$ Law Department 70,000$ 70,000$ (1,200)$ (1,200)$ 557,838$ 557,838.00$ 31,550$ 31,550.00$ 5,000$ 5,000.00$ 700$ 700.00$ (19,550)$ (19,550.00)$ (37,996)$ (37,996.00)$ (49,842)$ (49,842.00)$ (80,000)$ (80,000.00)$ Police 400,000$ 400,000$ 25,475$ 25,475$ 5,500$ 5,500$ Fire 21,000$ 21,000$ 1,002$ 1,002$ 2,000$ 2,000$ 31,000$ 31,000$ 3,000$ 3,000$ 4,000$ 4,000$ (30,000)$ (30,000)$ 147,600$ 147,600$ Athletic Contest Tax Sales Tax - Home Rule Personal Property Replacement Tax Investment Income State Use Tax CITY OF EVANSTON FY 2015 BUDGET REDUCTION WORKSHEET GENERAL FUND RECOMMENDED REVENUES City Clerk's Office Miscellaneous Revenue City Manager's Office Cable Franchise Fee Administrative Services Sales Tax - Basic State Income Tax Parking Tax Vehicle Licenses From Economic Development Fund Liquor Tax Property Tax (southwest TIF) Boot Release Fee Natural Gas Utility Tax Weights and Measures Towing Charges Property Sales and Rental Evanston Motor Fuel Tax Miscellaneous Revenue Auto Rental Tax Parking Meter Revenue Pet Licenses HUD Emergency Shelter Grants Zoning Fees Historic Preservation Reviews Elevator Permits Electrical Permits Ticket Fines-Parking Liquor Licenses One day Liquor Licenses Community Development Building Permits Alarm Registration Fees Fire Alarm Permits Fire Building Inspections Reimbursement for Fire Services & CPR Classes Fire Dept Training Reimbursement Plumbing Permits RTA Grant Police CTA and Barnes & Noble Detail (first time being budgeted)/accounting change in 2013 Violent Crime Victims Assistance Grant Police Report Fees Miscellaneous Revenue False Alarm Fees Ambulance Services 122 of 357 2 FY 2015 INITIAL PROPOSED ADJUSTMENTS FY 2015 FINAL ADOPTED ADJUSTMENTS RECOMMENDED REVENUES (100,000)$ 12,000$ 71,000$ 71,000$ 3,100$ 3,100$ (800)$ (800)$ (37,248)$ (37,248)$ (20,000)$ (20,000)$ 17,627$ 17,627$ 10,000$ 10,000$ 8,500$ 8,500$ (10,000)$ (10,000)$ 60,000$ 60,000$ 75,000$ 75,000$ 1,000$ 1,000$ 2,000$ 2,000$ 10,000$ 10,000$ 1,700$ 1,700$ 180$ 180$ (9,150)$ (9,150)$ (24,820)$ (24,820)$ Subtotal Ongoing Revenue Increases/Decreases w/no change in rate 2,064,629$ 2,179,337$ 70,000$ 70,000$ Subtotal New Revenue from new sources or higher fee rates 70,000$ 70,000$ 2,134,629$ 2,249,337$ (833)$ (833)$ (650)$ (650)$ (2,500)$ (2,500)$ (59,200)$ (59,200)$ 32,200$ 32,200$ (50,000)$ (50,000)$ (45,000)$ (45,000)$ (30,000)$ (30,000)$ Contract Savings-- Auditing and Armored Cars (50,500)$ (50,500)$ (29,134)$ (29,134)$ (21,982)$ (21,982)$ (11,500)$ (11,500)$ (27,054)$ (27,054)$ (23,290)$ (23,290)$ Il Vacant Property Grant Misc Intergovernmental Revenue increase Misc Charges for Service Housing Code Violations Rental Building Registrations Health and Human Services Birth and Death Certificates Right-of-Way Permits Reimbursement for Salt Usage-District 65 Private elm tree insurance Reimbursements-Services and Supplies I Heart Evanston Trees License, Permits, and Fees Public Works State highway maintenance Misc Charges for Service Damage to Traffic Signs/Street Lights Administrative Services Car Rental Tax Subtotal Revenue Adjustments Recommended reductions City-wide budget adjustments - expenditures Parks, Recreation and Community Services Farmer's Market Licenses Comm Aging Grant - Advocate Other Federal Aid Reduction of Golf Program Revenue Administrative Services Citation and Secondary Collection Processing Unemployment compensation & administration fees M/W/EBE and Workforce Development Employee (eliminate $30,000 contract 2014) City Manager's Office Reduce contingency / Supplies Law Department Contracts for outside legal services/Services & Supplies Department reduction detail - 3.0% cuts City Clerk's Office Office equipment maintenance Books, publications, maps Merchandise for resale Telecommunications equipment Consulting services/seasonal employees Miscellaneous Program costs & Licensing Decrease in local printers/ Office Supplies Towing and Booting Contract Savings 123 of 357 3 FY 2015 INITIAL PROPOSED ADJUSTMENTS FY 2015 FINAL ADOPTED ADJUSTMENTS RECOMMENDED REVENUES (63,425)$ (63,425)$ (17,000)$ (17,000)$ (84,000)$ (84,000)$ (4,066)$ (4,066)$ (4,430)$ (4,430)$ Police (5,000)$ (5,000)$ Fire (3,865)$ (3,865)$ (169,549)$ (71,620)$ (21,452)$ (21,452)$ (1,200)$ (1,200)$ (1,333)$ (1,333)$ (5,000)$ (5,000)$ (6,150)$ (6,150)$ (10,925)$ (10,925)$ (12,000)$ (12,000)$ (14,000)$ (14,000)$ (21,000)$ (21,000)$ (35,300)$ (35,300)$ (35,718)$ (35,718)$ (68,000)$ (68,000)$ (87,000)$ (87,000)$ (117,998)$ (117,998)$ (160,000)$ (160,000)$ (1,903)$ (1,903)$ (2,351)$ (2,351)$ (3,532)$ (3,532)$ (3,900)$ (3,900)$ (4,517)$ (4,517)$ Printing (5,217)$ (5,217)$ (6,000)$ (6,000)$ (8,000)$ (8,000)$ Food (8,587)$ (8,587)$ (10,170)$ (10,170)$ (11,500)$ (11,500)$ (14,100)$ (14,100)$ (18,750)$ (18,750)$ (37,112)$ (37,112)$ (1,403,493)$ (1,305,564)$ Community Development Elevator contract costs Construction engineering services Moving 2126 to CDBG Fund Elimination of one position in Vital Records Grant related Program Costs Public Works Security alarm contracts Consulting services Other - supplies / services Telecommunications and personal computers Membership dues Misc. Other Services and Supplies Health and Human Services Debris/removal contractual costs Other misc. Capital outlay Botanical supplies Minor equipment & tools Natural gas Postage chargebacks Festival lighting Office/other eqt mtn matl Services & supplies Traffic light electricity Advertising Office supplies Work- study Other - Services and Supplies Merchandise for resale Elimination of Architect Position vacancy Furniture and Fixtures DED Inoculation Decrease (off year) Parks, Recreation and Community Services Membership dues Electricity Elimination of Golf Program Subtotal expenses adjustments Other commodities Recreation supplies Contrib to other agencies Other program costs Instructor services 124 of 357 4 FY 2015 INITIAL PROPOSED ADJUSTMENTS FY 2015 FINAL ADOPTED ADJUSTMENTS RECOMMENDED REVENUES GENERAL FUND - PROPOSED EXPENSES ADJUSTMENTS (ON-GOING) 19,500$ 39,500$ 50,000$ 50,000$ M/W/EBE and Workforce Development Employee (add new FTE 2014)100,000$ 100,000$ Addition of 2 crossing guards -$ 12,700$ Community sponsored organizations (Connection for the Homeless / YWCA) 29,184$ 29,184$ 21,868$ 21,868$ Increase for Seasonal Employees - Zoning Application Processing 17,000$ 17,000$ Police 100,000$ 100,000$ 35,000$ 35,000$ Health and Human Services 190,696$ 190,696$ Two additional positions -- Both in GF 140,000$ 140,000$ (General Assistance Specialist and Medical Billing Clerk) Contract with Presence for Crisis Intervention Services 54,333$ 54,333$ Public Works Snow / Ice Overtime and Salt 393,500$ 393,500$ Additional Snow-related Service Agreements/Contracts 38,000$ 38,000$ Additional Training -$ 10,000$ Rate increase for electricity 13,000$ 13,000$ Seasonal employees 11,067$ 11,067$ Outreach Program Costs (BG, iHeart Trees, and Bicycle Safety Outreach)7,500$ 7,500$ Parks, Recreation and Community Services Increase Workforce Development (from Economic Development Fund)110,000$ 110,000$ Service Agreements/Contracts / Program supplies 17,901$ 17,901$ SUBTOTAL NEW EXPENSES REQUESTS (ON-GOING)1,348,549$ 1,391,249$ GENERAL FUND - PROPOSED EXPENSES ADJUSTMENTS (ONE-TIME) City-wide Copier and Toner Replacement (RFP going out in 2014)110,000$ 110,000$ Fire 11,400$ 11,400$ Public Works Services and Supplies 25,400$ 25,400$ SUBTOTAL NEW EXPENSES REQUESTS (ONE-TIME)146,800$ 146,800$ SUBTOTAL NEW EXPENSES REQUESTS 1,495,349$ 1,538,049$ Increases in Uniform Costs Administrative Services City-wide City Manager's Office Increases for Arts Funding Township portion of Community Purchased Services (to be transferred to Human Services Fund) Medical Equipment Maintenance Agreement Administrative Services Animal Shelter Operating Expenses Membership in Northeastern Illinois Crime Lab Community Development Other - Supplies / Services 125 of 357 5 FY 2015 INITIAL PROPOSED ADJUSTMENTS FY 2015 FINAL ADOPTED ADJUSTMENTS RECOMMENDED REVENUES 124,641$ 124,641$ 20,921$ 20,921$ TOTAL PROPOSED REVENUES (General Fund - baseline)89,185,298$ 89,185,298$ TOTAL PROPOSED EXPENDITURES (General Fund baseline + salary increases)89,688,247$ 89,688,247$ TOTAL PROPOSED DEFICIT (General Fund)(502,949)$ (502,949)$ TOTAL REVENUE ADJUSTMENTS (General Fund)2,134,629$ 2,249,337$ 3% CUTS PROPOSED (1,403,493)$ (1,305,564)$ TOTAL DEFICIT REDUCTION (General Fund)3,538,122$ 3,554,901$ TOTAL REVISED PROPOSED REVENUES (General Fund)91,319,927$ 91,434,635$ TOTAL REVISED PROPOSED EXPENSES (General Fund)88,284,754$ 88,382,683$ PROPOSED SURPLUS / (DEFICIT)3,035,173$ 3,051,952$ NEW TRANSFER TO DEBT SERVICE / TAX LEVY REDUCTION 1,414,583$ 1,414,583$ GENERAL FUND BALANCE AFTER TRANSFERS 1,620,590$ 1,637,369$ NEW EXPENSE REQUESTS 1,495,349$ 1,538,049$ PROPOSED 2015 BUDGET SURPLUS/(DEFICIT)125,241$ 99,320$ Increases to Transfer to Debt Service -- ERI (General Fund Only - Due to wage increase) Increases in transfers to Fleet Fund (5%) 126 of 357 6 FY 2015 INITIAL PROPOSED ADJUSTMENTS FY 2015 FINAL ADOPTED ADJUSTMENTS RECOMMENDED REVENUES WATER FUND Position Reclassifications 6,000$ 6,000$ ECONOMIC DEVELOPMENT FUND Workforce Development contribution 150,000$ 150,000$ CDBG Transfer from General Fund/Community Development Housing Rehab 179,780$ 179,780$ Southwest TIF 2015 will have the final dispersement in this TIF 861,217$ Capital Fund Increase for paving one additional alley in 2015 250,000$ Increase for paving 1.5 alleys approved in 2014 and delayed due to weather and legal discussions 400,000$ 2014 surplus transfer for paving 0.5 miles of additional streets during 2015 350,000$ 127 of 357 For City Council meeting of November 24, 2014 Item A7 Ordinance 148-O-14: Amending P Liquor License Allowing Sale of Alcohol in Containers 200 mL or Greater For Introduction and Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Ordinance 148-O-14, Amending Class P Liquor License, Allowing for Sale of Alcohol in Containers with Volumes of 200 mL or Greater Date: November 11, 2014 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 148-O-14. Suspension of the Rules is requested to permit introduction and action by City Council on November 24, 2014. Summary: Ordinance 148-O-14 amends Evanston City Code of 2012 Subsection 3-4-6(P) to permit the retail sale of alcohol in containers with volumes equal to or greater than 200 milliliters (mL) for off-premise consumption. The City of Evanston’s (“City”) Class P liquor license is the craft distillery license. Currently, Class P liquor license holders are permitted the retail sale of alcohol for off-premises consumption in containers that have a volume equal to or greater than 375 mL. There is one (1) present-day Class P liquor license holder in effect, Few Spirits. The request comes from Liz Hletko speaking on behalf of Few Spirits. Legislative History: At the October 9, 2014 Liquor Control Review Board (“LLCB”) hearing, the Board met and reviewed the aforementioned business with Liz Hletko on behalf of Few Spirits. The LLCB discussed the issues regarding decreasing the permitted alcohol container for off-site consumption from 375 mL to 200 mL. The Local Liquor Commissioner and LLCB members were all in favor of amending the P license classification to allow for retail sale of alcohol in containers with volumes of 200 mL or greater for off-site consumption. Ordinance 148-O-14 reflects this amendment. ------------------------------------------------------------------------------------- Attachment: Ordinance 148-O-14 Minutes of the October 9, 2014 Liquor Control Review Board Meeting Memorandum 128 of 357 11/11/2014 148-O-14 AN ORDINANCE Amending Subsection 3-4-6-(P) Allowing for Sale of Alcohol in Containers with Volumes of 200 mL or Greater NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(P) of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: (P) CRAFT DISTILLERY licenses, which shall authorize the on-site production and storage of alcohol in quantities not to exceed thirty thousand (30,000) gallons for one (1) year after the effective date of this amendatory ordinance and thirty-five thousand (35,000) gallons thereafter, the sale of such alcohol to persons of at least twenty-one (21) years of age for consumption off-premises, and on-site sampling of such alcohol. Sales of alcohol manufactured outside the facility are prohibited. Such craft distillery licenses shall be issued subject to the following conditions: 1. It shall be unlawful for a class P licensee to sell a container of alcohol for off-premises consumption unless the container is greater than or equal to 375 200 milliliters in volume. 2. Class P licensees may, during authorized hours of business, offer samples of the alcohol permitted to be produced and sold pursuant to this classification. Licensees shall not provide more than three (3) free samples, each of which shall not exceed one-quarter (0.25) fluid ounce, to any person in a day. Licensees may sell samples, but the volume of any sample sold shall not exceed one (1) fluid ounce and the total volume of all samples sold to a person in a day shall not exceed two and one-half (2.5) fluid ounces. Licensees shall not provide and/or sell more than two and one-half (2.5) fluid ounces of samples to any person in a day. Class P licensees must have at least one (1) BASSET-certified site manager on premises whenever offering samples of alcohol. Class P licensees must provide food service when offering samples of alcohol. 129 of 357 148-O-14 ~2~ 3. It shall be unlawful for the holder of a class P license to provide a sample of or sell any alcohol before the hour of 10:00 a.m. or after the hour of 10:00 p.m. on any Monday, Tuesday, Wednesday, or Thursday; before the hour of 10:00 a.m. or after the hour of 11:00 p.m. Friday and Saturday; and before the hour of 12:00 noon and after the hour of 10:00 p.m. on Sunday. 4. Every class P licensee must have a valid craft distiller license from the State of Illinois. 5. Every employee of a class P licensee who participates in the production of alcohol, pursuant to this license class, must be BASSET-certified. The annual single payment fee for initial issuance or renewal of such license shall be one thousand eight hundred dollars ($1,800.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be one thousand eight hundred ninety dollars ($1,890.00). No more than one (1) such license shall be in force at any one (1) time. SECTION 2: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. 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. 130 of 357 148-O-14 ~3~ SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2014 Adopted:___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene City Clerk Approved as to form: ______________________________ W. Grant Farrar Corporation Counsel 131 of 357 For City Council meeting of November 24, 2014 Item A8 Ordinance 133-O-14: City of Evanston 2014 Tax Levy For Action To: Honorable Mayor and Members of the City Council From: Martin Lyons, Assistant City Manager/Chief Financial Officer Ashley Porta, Budget Manager Subject: Ordinance 133-O-14: City of Evanston 2014 Tax Levy Date: November 20, 2014 Recommended Action: Staff requests adoption of Tax Levy Ordinance 133-O-14, which levies the annual property tax for General Fund Operations, Illinois Municipal Retirement Fund (IMRF), Police and Fire Pension Funds, and the General Assistance Fund. This ordinance was introduced at the October 25, 2014 City Council meeting. Summary: Each year the City of Evanston must levy a specific dollar amount with Cook County. These property tax levies are used to pay for general operations of the City, IMRF, Police and Fire Pension obligations, General Assistance Fund, Library operations (Ordinance 135-O-14), and Special Service Area (SSA) #4 (Ordinance 134-O-14). The Evanston Public Library and SSA #4 Levies have been provided under separate cover. The County automatically levies the amounts related to debt service (as budgeted in the Debt Service and Special Service Area #5 Funds), which is explained in greater detail below. For the 2014 Levy (which will be collected in 2015), the General Fund Levy, the General Assistance Fund Levy, the Library Fund Levy and the Special Service Area #4 Levy are budgeted on a cash basis. The City has budgeted on a cash basis to reflect the true cash inflow. Police and Fire Pension Levies are done in accordance with the recent (1/1/14) actuarial recommendation by Tepfer Consulting Group (TCG), and approved jointly by the City and the Police and Firefighter Pension Funds. Please note that the levy for general obligation debt service is handled differently than a municipal levy for general operating or pension contribution expenses. When a municipality in Cook County issues general obligation debt, the debt maturity schedule is filed with the County after issuance of the bonds, and the County will automatically levy an amount on behalf of the municipality to make the necessary debt payments for both principal and interest. Therefore, the City of Evanston does not levy an annual Memorandum 132 of 357 amount for debt service since the County already does so. Rather, the City must approve and file the necessary abatements for any amounts the City does not desire the County to automatically levy. These tax abatements will be presented to the City Council for action on December 8, 2014. The table below is a summary of the 2014 Levies (as extended with 2.0% loss ratio added) as listed in the attached General Fund and Pension Tax Levy Ordinance: General Corporate Levy (per FY15 proposed budget) $8,841,731 IMRF Pension Levy (Per FY15 proposed budget) $2,777,778 General Assistance Fund Levy (Per FY 15 proposed budget) $1,376,074 Fire Pension Levy (per FY14 proposed budget) $6,185,281 Police Pension Levy (per FY14 proposed budget) $8,551,232 Total Levy (excluding Debt Service and Library) $27,732,096 The corresponding total for 2013 Levy was $26,696,210 for Corporate and Pension Levies and $1,181,373 for Township levies for a total of $27,877,583. This change results in a net decrease of $145,488.or 0.53% from last year’s levy. Adding the Debt Service and Library Fund levy, the total Proposed Levy for 2014 is $45,557,079, which includes the loss factor of 2.0%. The 2013 Adopted Tax Levy including the loss factor was $45,051,171 making the proposed increase 1.12% for all funds. Questions regarding the Tax Levy may be directed to the City Treasurer or Budget Manager at: Martin Lyons Treasurer 847.448.8082 mlyons@cityofevanston.org Ashley Porta Budget Manager 847.859.7884 aporta@cityofevanston.org ------------------------------------------------------------------------------------ Attachment: Ordinance 133-O-14 Tax Levy Reports 133 of 357 10/20/2014 133-O-14 AN ORDINANCE Levying Taxes in the City of Evanston, County of Cook, and State of Illinois, for the Fiscal Year Beginning January 1, 2015 and Ending December 31, 2015 WHEREAS, the City of Evanston, Illinois, has heretofore adopted an annual budget for the fiscal year beginning January 1, 2015, and ending December 31, 2015, which said Budget document was reviewed at a public hearing and copies of which said Budget document have been continuously available for public inspection at the office of the City Clerk of the City of Evanston at the Civic Center, 2100 Ridge Avenue, Evanston, Illinois, between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday, except holidays; and WHEREAS, said Budget document contains the expenditures to be made with the monies collected through taxation and other sources during said fiscal year; and WHEREAS, the City of Evanston, Illinois, is a Home Rule unit of local government pursuant to the terms and provisions of Article VII of the 1970 Constitution of the State of Illinois, which said Constitution, in Section 6(a) thereof, grants unto the City of Evanston as a Home Rule unit of local government the power to tax; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That, in order to meet expenses and liabilities of the City of Evanston, Illinois, for the current fiscal year beginning January 1, 2015, there is hereby levied on all real property subject to taxation within the corporate limits of said City of Evanston as assessed and equalized for the year 2014 the sum of Twenty-Seven 134 of 357 133-O-14 Million, Seven Hundred Thirty Two Thousand, Ninety-Six Dollars ($27,732,096.00), being the total of the appropriation legally made plus allowances for collection losses, which are to be collected from the tax levy of the City of Evanston for the year 2014 and all corporate purposes appropriated and specifically referred to in the annual Budget passed by the City Council of the City of Evanston at a regular Council meeting held November 24, 2014. Appropriations are to be collected from the tax levy of the current fiscal year of the City of Evanston, Illinois, for: General Corporate Levy (per FY15 proposed budget) $8,841,731 IMRF Pension Levy (Per FY15 proposed budget) $2,777,778 General Assistance Levy (Per FY 2015 proposed budget) $1,376,074 Fire Pension Levy (per FY15 proposed budget) $6,185,281 Police Pension Levy (per FY15 proposed budget) $8,551,232 Total Levy (excluding Debt Service and Library) $27,732,096 The specific amounts hereby levied for the various purposes and funds are designated by being placed in separate columns under the heading “To Be Raised By Taxation,” and are identified in that manner on the following pages of this Ordinance. SECTION 2: That there be appropriated for the City of Evanston: A) Eight Million, Eight Hundred Forty One Thousand, Seven Hundred Thirty-One Dollars ($8,841,731.00) for the General Corporate Purposes; B) Two Million, Seven Hundred Seventy-Seven Thousand, Seven Hundred Seventy-Eight Dollars ($2,777,778.00) for the Illinois Municipal Retirement Fund Pension(IMRF); C) One Million, Three Hundred Seventy-Six Thousand, Seventy-Four Dollars ($1,376,074) for the General Assistance Fund; D) Six Million, One Hundred Eighty-Five Thousand, Two Hundred Eighty-One Dollars ($6,185,281) for the Fire Pension Fund; and D) Eight Million, Five Hundred Fifty-One Thousand, Two Hundred Thirty-Two Dollars ($8,551,232.00) for the Police ~2~ 135 of 357 133-O-14 Pension Fund, as outlined in the City of Evanston Tax Levy Filing with Cook County FY15 Budget – Tax Levy Year 2014 to be Received in FY15, attached hereto as “Exhibit A” and incorporated herein by reference. SECTION 3: That the foregoing recitals are found as fact and made a part hereof. SECTION 4: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: That this Ordinance 133-O-14 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced:_________________, 2014 Adopted:___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel ~3~ 136 of 357 133-O-14 Exhibit A City of Evanston Tax Levy filing with Cook County FY15 Budget - Tax Levy Year 2014 to be received in FY2015 ~4~ 137 of 357 Exhibit A Amount Sources Account Department Amount To Be Outside Category Division Description Budgeted Levied Tax Levy Salary & Benefits 100.1300/1400 City Council and Clerk 573,058$ 54,365 518,692.52$ Services and Supplies 100.1300/1400 City Council and Clerk 90,244 8,561 81,683 Other Charges 100.1300/1400 City Council and Clerk 13,721 1,302 12,419 677,023 64,229 612,794 Salary & Benefits 100.1505-1580 City Manager's Office 1,402,044 133,011 1,269,033 Services and Supplies 100.1505-1580 City Manager's Office 259,601 24,628 234,973 Other Charges 100.1505-1580 City Manager's Office 241,481 22,909 218,572 1,903,126 180,548 1,722,578 Salary & Benefits 100.1705/1710 Law 961,979 91,262 870,717 Services and Supplies 100.1705/1710 Law 143,564 13,620 129,944 Other Charges 100.1705/1710 Law 23,991 2,276 21,715 1,129,534 107,158 1,022,376 Salary & Benefits 100.1905-1999 Administrative Services 5,469,717 518,907 4,950,810 Services and Supplies 100.1905-1999 Administrative Services 3,253,467 308,653 2,944,814 Other Charges 100.1905-1999 Administrative Services 1,698,204 161,107 1,537,097 10,421,388 988,667 9,432,721 Salary & Benefits 100.2101-2715 Community Development 2,043,427 193,858 1,849,569 Services and Supplies 100.2101-2715 Community Development 168,145 15,952 152,193 Other Charges 100.2101-2715 Community Development 215,645 20,458 195,187 2,427,217 230,268 2,196,949 Salary & Benefits 100.2205-2290 Police 25,111,221 2,382,278 22,728,943 Services and Supplies 100.2205-2290 Police 525,928 49,894 476,034 Other Charges 100.2205-2290 Police 2,183,420 207,139 1,976,281 27,820,569 2,639,311 25,181,258 Salary & Benefits 100.2305-2320 Fire 12,662,377 1,201,268 11,461,109 Services and Supplies 100.2305-2320 Fire 503,023 47,721 455,302 Other Charges 100.2305-2320 Fire 1,297,199 123,064 1,174,135 14,462,599 1,372,053 13,090,546 Salary & Benefits 100.2405-4540 Health and Human Services 2,167,068 205,588 1,961,480 Services and Supplies 100.2405-4540 Health and Human Services 1,017,630 96,542 921,088 Other Charges 100.2405-4540 Health and Human Services 474,004 44,968 429,036 3,658,702 347,098 3,311,604 Salary & Benefits 100.2605-7690 Public Works 11,530,720 1,093,909 10,436,811 Services and Supplies 100.2605-7690 Public Works 2,731,860 259,169 2,472,691 Other Charges 100.2605-7690 Public Works 3,786,416 359,214 3,427,202 18,048,996 1,712,291 16,336,705 Salary & Benefits 100.3005-3950 Parks, Recreation/Community Services 6,537,785 620,234 5,917,551 Services and Supplies 100.3005-3950 Parks, Recreation/Community Services 3,669,921 348,162 3,321,759 Other Charges 100.3005-3950 Parks, Recreation/Community Services 578,455 54,877 523,578 10,786,161 1,023,273 9,762,888 Salary & Benefits N/A Total General Fund 68,459,396 6,494,679 61,964,717 Services and Supplies N/A Total General Fund 12,363,383 1,172,903 11,190,480 Other Charges N/A Total General Fund 10,512,536 997,314 9,515,222 91,335,315$ 8,664,896$ 82,670,419$ Collection Losses Collection Losses 176,835 Total General Corporate Purpose Tax Levy 8,841,731$ City of Evanston Tax Levy Filing with Cook County General Corporate Purpose Tax Levy - Tax Levy Year 2014 to be Received in FY 2015 138 of 357 user: Martin Lyons Pages 1 of 2 Tuesday, October 21, 2014 City of Evanston, IL Exhibit B 100.12 - GENERAL FUND,LEGISLATIVE 100.13 - GENERAL FUND,CITY COUNCIL 100.14 - GENERAL FUND,CITY CLERK 100.15 - GENERAL FUND,CITY MANAGER'S OFFICE 100.17 - GENERAL FUND,LAW 100.19 - GENERAL FUND,ADMINISTRATIVE SERVICES 100.21 - GENERAL FUND,COMMUNITY DEVELOPMENT 100.22 - GENERAL FUND,POLICE 100.23 - GENERAL FUND,FIRE MGMT & SUPPORT 100.24 - GENERAL FUND,HEALTH 100.26 - GENERAL FUND,PUBLIC WORKS 100.30 - GENERAL FUND,PARKS, REC. AND COMMUNITY SERV. Expenditure Grand Totals: Collection Losses 2,777,778$ $ 55,556 $ 2,722,222 $163,916.00 $734,413 $446,816.00 $172,674.00 $498,246.00 $23,057.00 $123,873.00 $83,994.00 $445,945.00 $0.00 $9,336.00 $19,952.00 IMRF Tax Levy 2014 To Be Raised by Taxation 2014 Levy Expenditures Account: 61710 - IMRF 139 of 357 Account Number Description 2015 Proposed Budget Sources Outside Tax Levy To be Raised by Taxation 2014 Levy Fund: 175 - GENERAL ASSISTANCE FUND Expenditures Salary & Benefit - Salary and Benefits 61010 REGULAR PAY 163,012$ 163,012$ 61510 HEALTH INSURANCE 20,615$ 20,615$ 61710 IMRF 19,220$ 19,220$ 61725 SOCIAL SECURITY 9,264$ 9,264$ 61730 MEDICARE 3,208$ 3,208$ Account Classification Total: Salary and Benefits 215,319$ -$ 215,319$ Serv & Supplies - Services and Supplies 62130 LEGAL SERVICES-GENERAL -$ -$ 62275 POSTAGE CHARGEBACKS 800$ 800$ 62295 TRAINING & TRAVEL 2,500$ 2,500$ 62360 MEMBERSHIP DUES 500$ 500$ 64566 RENTAL EXPENSE- GA CLIENT 250,000$ 250,000$ 64567 PERSONAL EXPENSE- GA CLIENT 750,000$ 750,000$ 64568 TRANSPORTATION EXPENSE- GA CLIENT 2,250$ 2,250$ 64569 50/50 WORK PROGRAM- GA CLIENT 1,500$ 1,500$ 64570 CLIENT OTHER NEEDS- GA CLIENT 500$ 500$ 64571 HOSPITAL INPATIENT- GA CLIENT 3,000$ 3,000$ 64572 HOSPITAL OUTPATIENT- GA CLIENT 6,000$ 6,000$ 64573 ALL OTHER PHYSICIANS- GA CLIENT 3,500$ 3,500$ 64574 DRUGS- GA CLIENT 60,000$ 60,000$ 64575 OTHER MEDICAL- GA CLIENT 5,000$ 5,000$ 64576 GLASSES/EYE EXAM & TREATMENT- GA CLIENT 1,000$ 1,000$ 64577 EMERGENCY ROOM PHYSICIANS- GA CLIENT 500$ 500$ 64578 PSYCH OUTPATIENT/MENTAL- GA CLIENT 8,000$ 8,000$ 64579 TRANSPORTATION-AMBULATORY- GA CLIENT 500$ 500$ 64580 CASTASTROPHIC INSURANCE- GA CLIENT 2,500$ 2,500$ 64581 X-RAYS- GA CLIENT 5,000$ 5,000$ 64582 MORTGAGE/RENTAL EXPENSE-EAS CLIENT 45,000$ 21,816$ 23,184$ 64584 FOOD VOUCHERS - EMERGENCY-EAS 1,000$ 1,000$ 64585 UTILITIES - COMED-EAS CLIENT -$ -$ 64587 UTILITIES - COE WATER -EAS CLIENT 5,000$ -$ 5,000$ 65095 OFFICE SUPPLIES 1,000$ 1,000$ Account Classification Total: Services and Supplies 1,155,050$ 21,816$ 1,133,234$ Total Expenditures 1,370,369$ 21,816$ 1,348,553$ Collection Losses 27,521$ 1,376,074$ Exhibit C 140 of 357 Account Number Description 2015 Proposed Budget Sources Outside Tax Levy To be Raised by Taxation 2014 Levy Fund: 700 - FIRE PENSION FUND Expenditures Salary & Benefit - Salary and Benefits 61755 PENSION-ADMIN. EXPENSE 150,000$ 150,000$ -$ 61770 RETIRED EMPLOYEES PENSION 5,150,000$ 5,150,000$ 61775 WIDOWS' PENSIONS 1,103,130$ 191,555$ 911,575$ 61785 DISABILITY PENSIONS 1,390,500$ 1,390,500$ -$ 61795 QILDRO'S 93,000$ 93,000$ -$ Account Classification Total: Salary & Benefit - Salary and Benefits 7,886,630$ 1,825,055$ 6,061,575$ Total Expenditures 7,886,630$ 1,825,055$ 6,061,575$ Collection Losses 123,706$ 6,185,281$ Exhibit D 141 of 357 Account Number Description 2015 Proposed Budget Sources Outside Tax Levy To be Raised by Taxation 2014 Levy Fund: 705 - POLICE PENSION FUND Expenditures Salary & Benefit - Salary and Benefits 61755 PENSION-ADMIN. EXPENSE 250,000$ 250,000$ 61770 RETIRED EMPLOYEES PENSION 8,394,500$ 14,293$ 8,380,207$ 61775 WIDOWS' PENSIONS 902,000$ 902,000$ 61785 DISABILITY PENSIONS 700,000$ 700,000$ 61790 SEPARATION REFUNDS 275,000$ 275,000$ 61795 QILDRO'S 21,000$ 21,000$ 61805 RESERVE FOR FUT.PEN.PAY -$ -$ -$ Account Classification Total: Salary and Benefits 10,542,500$ 2,162,293$ 8,380,207$ Expenditures Total 10,542,500$ 2,162,293$ 8,380,207$ Collecton Loses 171,025$ 8,551,232$ Exhibit E 142 of 357 For City Council Meeting of November 24, 2014 Item A9 Ordinance 134-O-14: Special Service Area #4 Tax Levy For Action To: Honorable Mayor and Members of the City Council From: Martin Lyons, Assistant City Manager/Chief Financial Officer Ashley Porta, Budget Manager Subject: Ordinance 134-O-14, Special Service Area #4 2014 Tax Levy Date: October 22, 2014 Recommended Action: Staff requests adoption of Tax Levy Ordinance 134-O-14, which levies the annual property tax for Special Service Area #4 in the amount of $329,592. Summary: Ordinance 134-O-14 is the annual tax levy for Special Service Area #4, which funds a portion of the activities of Downtown Evanston. The 2014 Levy is based on the City’s agreement with Downtown Evanston and on the FY 2015 Proposed Budget for the City of Evanston. The total tax levy as extended for 2014 is $329,592. As noted in the report for approval of the Downtown Evanston Budget, this Levy has been decreased by $47,000 from the 2013 Levy (prior to the loss collection calculation). The Proposed 2015 City Budget shows this levy at $320,000, but after a subsequent meeting with Downtown Evanston, the amount has been adjusted slightly to $323,000 and once the loss collection is calculated the final number is $329,592. Questions regarding this ordinance may be forwarded to: Martin Lyons Treasurer 847.448.8082 mlyons@cityofevanston.org ------------------------------------------------------------------------------------ Attachment: Ordinance 134-O-14 Memorandum 143 of 357 10/20/2014 134-O-14 AN ORDINANCE Levying Taxes for the Special Service Area No. 4 of the City of Evanston, County of Cook, and State of Illinois, for the Fiscal year Beginning January 1, 2015, and Ending December 31, 2015 WHEREAS, the City of Evanston, Illinois is a Home Rule unit of local government pursuant to the terms and provisions of Article VII of the 1970 Constitution of the State of Illinois, which said Constitution in Section 6(a) thereof grants unto the City of Evanston as a Home Rule unit of government the power to tax; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That, in order to meet expenses and liabilities of the Special Service Area No. 4 of the City of Evanston, Illinois, for the fiscal year beginning January 1, 2015, there is hereby levied on all real property subject to taxation within the limits of said Special Service Area No. 4 of the City of Evanston as assessed and equalized for the year 2014, the sum of Three hundred Twenty Nine thousand Five hundred Ninety Two Dollars ($329,592.00), being the total 2015 appropriation plus allowances for collection losses, which are to be collected from the tax levy of Special Service Area No. 4 of the City of Evanston for the year 2014. The specific amounts levied for the various purposes and funds are designated 144 of 357 134-O-14 by being placed in separate columns under headings "To Be Raised By Taxation," and are identified in that manner on the following pages of this Ordinance. SECTION 2: That there be appropriated for the City of Evanston Special Service Area No. 4: Fund 210 – Special Service Area No. 4 Special Service Area No. 4 Fund Appropriation Source Other Than Taxation Levy Taxes Personal Services $182,949 $0 $182,949 Maintenance $180,784 $40,733 $140,051 Professional and Other $239,800 $239,800 $0 SUBTOTAL $603,533 $257,263 $323,000 Collection Losses $6,592 TOTAL TAXATION $329,592 SECTION 3: Per City ordinance 67-O-07 adopted July 9, 2007, under no circumstances shall the total annual amount levied exceed 0.1464% of the Special Service Area No. 4 equalized assessed valuation. SECTION 4: That the foregoing recitals are found as fact and made a part hereof. SECTION 5: That all ordinances or parts of ordinances in conflict herewith are repealed. SECTION 6: That this ordinance 134-O-14 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. 145 of 357 134-O-14 Introduced:_________________, 2014 Adopted:___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, City Attorney 146 of 357 For City Council meeting of November 24, 2014 Item A10 Ordinance 135-O-14: Evanston Public Library Tax Levy For Action To: Honorable Mayor and Members of the City Council From: Martin Lyons, Assistant City Manager/Chief Financial Officer Karen Danczak Lyons, Library Director Subject: Ordinance 135-O-14: Evanston Library Fund 2014 Tax Levy Date: Octoberber 22, 2014 Recommended Action: The Evanston Public Library Board requests City Council adoption of Tax Levy Ordinance 135-O-14 which levies the annual property tax for the Evanston Public Library in the amount of $5,932,148. Summary: The Library Fund Levy is proposed at $5,932,148. This request represents a 15.53 percent increase over the 2013 Levy of $5,134,793. Questions regarding the Proposed Library Tax Levy may be directed to the City Treasurer or Library Director: Martin Lyons Treasurer 847.448.8082 mlyons@cityofevanston.org Karen Danczak Lyons Library Director 847.448.8655 kdanczaklyons@cityofevanston.org ------------------------------------------------------------------------------------ Attachment: Ordinance 135-O-14 Library Fund Exhibit Memorandum 147 of 357 10/20/2014 135-O-14 AN ORDINANCE Levying Taxes for the Library Fund in the City of Evanston, County of Cook, and State of Illinois, for the Fiscal Year Beginning January 1, 2015 and Ending December 31, 2015 WHEREAS, the City of Evanston, Illinois, has heretofore adopted an annual budget for the fiscal year beginning January 1, 2015, and ending December 31, 2015, which said Budget document was reviewed at a public hearing and copies of which said Budget document have been continuously available for public inspection at the office of the City Clerk of the City of Evanston at the Civic Center, 2100 Ridge Avenue, Evanston, Illinois, between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday, except holidays; and WHEREAS, said Budget document contains the expenditures to be made with the monies collected through taxation and other sources during said fiscal year; and WHEREAS, the City of Evanston, Illinois, is a Home Rule unit of local government pursuant to the terms and provisions of Article VII of the 1970 Constitution of the State of Illinois, which said Constitution, in Section 6(a) thereof, grants unto the City of Evanston as a Home Rule unit of local government the power to tax; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That, in order to meet expenses and liabilities for the Library Fund of the City of Evanston, Illinois, for the current fiscal year beginning January 1, 2015, there is hereby levied on all real property subject to taxation within the corporate 148 of 357 135-O-14 limits of said City of Evanston as assessed and equalized for the year 2014 the sum of Five Million, Nine Hundred Thirty-Two Thousand, One Hundred Forty Eight Dollars ($5,932,148), being the total of the appropriation legally made plus allowances for collection losses, which are to be collected from the tax levy of the City of Evanston for the year 2014 for Library Fund Purposes appropriated and specifically referred to in the annual Budget passed by the City Council of the City of Evanston at a regular Council meeting held November 24, 2014. The specific amounts hereby levied for the Library Fund purposes is designated by being placed in separate column under the heading “To Be Raised By Taxation,” and is identified in that manner on the following pages of this Ordinance. SECTION 2: That there be appropriated for the City of Evanston: The sum of Five Million, Nine Hundred Thirty-Two Thousand, One Hundred Forty Eight Dollars ($5,932,148), for the Library Fund Purposes, as outlined in the City of Evanston Tax Levy Filing with Cook County FY15 Budget – Tax Levy Year 2014 to be Received in FY15, attached hereto as “Exhibit A” and incorporated herein by reference. SECTION 3: That the foregoing recitals are found as fact and made a part hereof. SECTION 4: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: That this Ordinance 135-O-14 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. ~2~ 149 of 357 135-O-14 Introduced:_________________, 2014 Adopted:___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel ~3~ 150 of 357 135-O-14 Exhibit A City of Evanston Tax Levy filing with Cook County FY15 Budget - Tax Levy Year 2014 to be received in FY2015 ~4~ 151 of 357 Account Number Description 2015 Proposed Budget Sources Outside Tax Levy To be Raised by Taxation 2014 Levy Fund: 185 ‐ LIBRARY FUND Expenditures Salary & Benefit ‐ Salary and Benefits 61010 REGULAR PAY 2,286,742$          2,286,742$           61012 LIBRARY SUBSTITUES 15,733$                15,733$                 61025 RECREATION PROGRAM PAY 61050 PERMANENT PART‐TIME 1,207,631$          1,207,631$           61055 TEMPORARY EMPLOYEES ‐$ ‐$  61110 OVERTIME PAY 9,300$ 9,300$  61210 LONGEVITY 28,873$                28,873$                 61410 AFSCME SHIFT DIFFERENTIAL ‐$ ‐$  61415 TERMINATION PAYOUTS 69,250$                69,250$                 61420 ANNUAL SICK LEAVE PAYOUT ‐$ ‐$  61430 VACATION PAYOUTS (PREVIOUSLY OTHER ‐$ ‐$  61510 HEALTH INSURANCE 448,593$              448,593$               61615 LIFE INSURANCE 653$ 653$  61625 AUTO ALLOWANCE 7,200$ 7,200$  61626 CELL PHONE ALLOWANCE 2,400$ 2,400$  61630 SHOE ALLOWANCE 495$ 495$  61710 IMRF 377,945$              377,945$               61725 SOCIAL SECURITY 210,258$              210,258$               61730 MEDICARE 45,846$                45,846$                 Account Classification Total: Salary and Benefits 4,710,919$ -$ 4,710,919$ Serv & Supplies ‐ Services and Supplies 64015 NATURAL GAS 33,000$                33,000$                 61060 SEASONAL EMPLOYEES ‐$ ‐$  62185 CONSULTING SERVICES 45,000$                45,000$                 62210 PRINTING 1,800$ 1,800$  62225 BLDG MAINTENANCE SERVICES 225,007$              225,007$               62235 OFFICE EQUIPMENT MAINT 12,000$                12,000$                 62245 OTHER EQMT MAINTENANCE 1,000$ 1,000$  62272 OTHER PROFESSIONAL SERVICES ‐$ ‐$  62275 POSTAGE CHARGEBACKS 1,600$ 1,600$  62290 TUITION 15,000$                15,000$                 62295 TRAINING & TRAVEL 22,500$                22,500$                 62315 POSTAGE 5,000$ 5,000$  62340 COMPTER LICENSE & SUPP 31,070$                31,070$                 62341 INTERNET SOLUTION PROVIDERS 244,034$              244,034$               62360 MEMBERSHIP DUES 2,005$ 2,005$  62375 RENTALS 42,750$                42,750$                 62380 COPY MACHINE CHARGES 12,268$                12,268$                 62431 ARMORED CAR SERVICES 500$ 500$  62506 WORK‐ STUDY 8,200$ 8,200$  62705 BANK SERVICE CHARGES 4,000$ 4,000$  64540 TELECOMMUNICATIONS ‐ WIRELESS 2,200$ 2,200$  65020 CLOTHING ‐$ ‐$ ‐$  65040 JANITORIAL SUPPLIES 10,000$                10,000$                 65050 BLDG MAINTENANCE MATERIAL 21,200$                21,200$                 65060 MATER. TO MAINT. AUTOS ‐$ ‐$ ‐$  65085 MINOR EQUIPMENT & TOOLS ‐$ ‐$ ‐$  65095 OFFICE SUPPLIES 69,200$                69,200$                 65100 LIBRARY SUPPLIES 53,120$                53,120$                 65125 OTHER COMMODITIES 1,700$ 1,700$  65555 PERSONAL COMPUTER EQUIPMENT 30,500$                30,500$                 65630 LIBRARY BOOKS 507,800$              299,868$              207,932$               65635 PERIODICALS 18,140$                18,140$                 65640 AUDIO RECORDINGS ‐$ ‐$ ‐$  65641 AUDIO VISUAL COLLECTIONS 122,400$              122,400$               65650 VISUAL MEDIA COLLECTION ‐$ ‐$ ‐$  Account Classification Total: Services and Supplies 1,542,994$ 440,408$ 1,102,586$ Capital Outlay ‐ Capital Outlay Exhibit A 152 of 357 Account Number Description 2015 Proposed Budget Sources Outside Tax Levy To be Raised by Taxation 2014 Levy 65503 FURNITURE / FIXTURES / EQUIPMENT 46,430$                46,430$                 Account Classification Total: Capital Outlay 46,430$ 46,430$ -$ Ins & Chg Backs ‐ Insurance and Other Chargebacks 66025 TRANSFER TO DEBT SERVICE ‐ ERI 77,268$                77,268$                 66030 MEDICAL INSURANCE ‐$                      ‐$                      ‐$                       66059 HEALTH INSURANCE OPT OUT EXPENSE ‐$                      ‐$                      ‐$                       Account Classification Total: Insurance and Other Chargebacks 77,268$ 77,268$ -$ Contingencies ‐ Contingencies 68205 CONTINGENCIES ‐$                      ‐$                      ‐$                       Account Classification Total: Contingencies -$ -$ -$ Miscellaneous ‐ Miscellaneous 66148 TRSF OUT TO GEN FUND FROM LIBR 250,000$              250,000$               Account Classification Total: Miscellaneous 250,000$ 250,000$ -$ Transfer ‐ Interfund Transfers 62305 RENTAL OF AUTO‐FLEET MAINTENANCE 2,381$                  2,381$                   62309 RENTAL OF AUTO REPLACEMENT 1,700$                  1,700$                   Account Classification Total: Interfund Transfers 4,081$ 4,081$ -$ Expenditures Total 6,631,692$ 818,187$ 5,813,505$ Collection Losses 118,643$               5,932,148$           153 of 357 For Council Meeting of November 24, 2014 Item A11 Ordinance 137-O-14: Waterworks System “Charges, Rates, Fees and Penalties” For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Director of Utilities Kristin Rehg, Management Analyst – Utilities Subject: Ordinance 137-O-14 Amending the Evanston City Code Title 7, Chapter 12, Relating to the City Waterworks System “Charges, Rates, Fees and Penalties” Date: October 21, 2014 Recommended Action: Staff recommends City Council adoption of Ordinance 137-O-14 Amending the Evanston City Code, Title 7, Chapter 12, Relating to the City Waterworks System “Charges, Rates, Fees and Penalties.” This ordinance was introduced at the November 10, 2014 City Council meeting. Summary: Staff is recommending a ten percent (10%) water rate increase. The existing water rate is billed as a minimum charge for the first 5 units based on water meter size, and a quantity charge for every unit in excess of the first 5 units in the bi-monthly billing period (1 unit = 100 cubic feet or 748 gallons of water). Effective January 1, 2015, the minimum charges and the quantity charge are proposed to increase by ten percent. For the 5/8-inch and the 3/4-inch meter sizes (the meter sizes most commonly used in single family homes) the minimum charge for the first 5 units consumed in the bi-monthly billing period will increase from $7.07 to $7.78. The quantity charge for usage in excess of the first 5 units will increase from $1.98 per unit to $2.18 per unit. A fee table for the proposed water rates is provided as Exhibit 1. Background: Evanston’s water rates were not increased between 1998 and 2010 because the City undertook major sewer improvements that resulted in significant sewer rate increases. The last sewer rate increase took effect in 2004 and the sewer rate has not needed adjustment since that time. The City Council approved water rate increases of 10% in 2011; 5% in 2012; 4% in 2013; and 10% in 2014. Memorandum 154 of 357 During presentations on July 22 and September 30, 2013, the Utilities Department staff updated the City Council on the Water Fund and more specifically on the proposed water system capital improvement plan. (Documents and presentations previously provided regarding the Water Fund and proposed rates are available on the City website at http://www.cityofevanston.org/utilities/plans-reports-brochures/.) The Water Fund generally supports $6–$7 million in capital improvements annually, of which approximately $3 million is allocated to replacement of water mains that have reached the end of their useful life and $3–$4 million is used to maintain and improve the water treatment facilities. Bonds are sold annually to fund a significant portion of the capital improvement projects. The proposed 10% water rate increase will generate an additional $625,000 in revenue to help reduce the dependence on bond proceeds and make the capital improvement program funding more sustainable over the long-term. Staff also identified existing assets that are reaching the end of their service lives and will require significant investment to rehabilitate or replace. This includes finished water storage facilities constructed at the water plant between 1914 and 1934, and a 30” diameter transmission main between the water plant and downtown Evanston that dates to 1936. Another large project proposed to start in 2015 is a comprehensive update/rehabilitation of outdated chemical feed systems, valves, and piping throughout the water plant (collectively termed “Water Plant Reliability Improvements). Based on the high estimated costs for these projects, which exceed the regular capital improvement program funding level, staff has determined that a 10% water rate increase will most likely be needed in 2016. The study of the finished water storage facilities is nearly complete. The final report will include a life-cycle cost analysis to determine if the 1914 – 1934 facilities should be rehabilitated or replaced. This will take into account long-term operation and maintenance costs, near-term capital costs, and the useful life of rehabilitated clearwells versus new tankage. Staff is also analyzing the potential to rehabilitate the 30” transmission main using a trenchless method as an alternative to replacing the main by open cut construction. The results of these investigations will have an impact on the water rate requirements in 2017 and beyond. The Water Fund Financial Projection is attached as Exhibit 2. A copy of the proposed five-year Water Fund Capital Improvement Plan is also attached as Exhibit 3. Impact to Typical User There are approximately 14,400 water accounts in the City. The vast majority (75%) are single-family residential customers, most of whom have either a 5/8-inch or a 3/4-inch water meter. For these accounts, the minimum charge for the first 5 units consumed in the bi-monthly billing period will increase from $7.07 to $7.78. On an annual basis, the minimum charge will increase by $4.26, from $42.42 to $46.68. The average single family home consumes 115 billing units a year (approx. 86,000 gallons). Within that year, 30 billing units are included in the minimum use meter charge leaving a total of 85 billing units that will be billed at the increased quantity charge of $2.18 per unit. As a result, the average single family annual quantity charge will increase by $17.00 from $168.30 to $185.30. 155 of 357 In summary, the average single family home that uses 115 units a year is currently paying $211 in water bills annually. With the proposed 10% water rate increase, their annual water costs will increase by $21 to $232. Comparison to Other Communities The City of Chicago announced multi-year water rate increases in 2012 as indicated in the table below. Accordingly, most of the communities who purchase water from Chicago have enacted water rate increases of similar magnitude since then. These communities will likely need to continue raising their water rates annually to keep pace with Chicago water rate increases. Comparisons of Evanston water and sewer bills to those of nearby communities are provided in Exhibits 4 and 5. Year Evanston Chicago Equivalent Rate per 1,000 gal* Percent Increase Rate per 1,000 gal. Percent Increase 2011 $2.23 10% $2.01 2012 $2.34 05% $2.51 25% 2013 $2.41 03% $2.88 15% 2014 $2.65 10% $3.31 15% 2015* $2.92 10% $3.81 15% * Evanston water rates are converted to a gallon basis for direct comparison to Chicago water rates. Attachments Exhibit 1 – Proposed 2015 Water Rates and Minimum Charge Structure Exhibit 2 – Water Fund Projection Exhibit 3 – Water Fund Five-Year CIP Exhibit 4 - Water Bills in Nearby Communities Exhibit 5 – Combined Water and Sewer Bills in Nearby Communities Ordinance 137-O-14 156 of 357 EXHIBIT 1 PROPOSED 2015 WATER RATES AND MINIMUM CHARGE STRUCTURE BI-MONTHLY MINIMUM CHARGE BASED ON WATER METER SIZE* Meter Size Minimum Charges Effective 1/1/2014 Minimum Charges Proposed 1/1/2015 5/8” & 3/4" $007.07 $007.78 1” $014.12 $015.53 1 1/2" $026.43 $029.07 2” $041.61 $045.77 3” $073.28 $080.61 4” $117.39 $129.13 6” $207.02 $227.72 8” $350.45 $385.50 *The minimum charges include the first 5 units (500 cubic feet) of water consumed per bi-monthly billing period. QUANTITY CHARGE FOR USAGE IN EXCESS OF 5 UNITS* Quantity Charge Effective 1/1/2014 Quantity Charge Proposed 1/1/2015 $1.98 per unit $2.18 per unit *1 unit = 100 cubic feet of water consumption. As of January 1, 2015, customers would be charged $2.18 per unit of usage in excess of the minimum in each bi-monthly billing period. 157 of 357 EXHIBIT 2 WATER FUND FINANCIAL PROJECTION 2014 Estimate 2015 Budget 2016 Projected Water Rate Increase 10% 10% 10% Water Rate per 100 cu.ft. $1.98 $2.18 $2.40 Equivalent Water Rate per 1,000 gal $2.65 $2.91 $3.21 Revenues Evanston Water Sales $6,252,400 $6,878,000 $7,565,400 Wholesale Customers $8,113,000 $8,270,000 $8,282,400 Other Operating Revenue $728,616 $621,100 $633,500 Grants $14,181 $0 $0 IEPA Loan Proceeds 1 $1,430,000 $6,190,000 $23,875,000 Bond Proceeds $2,870,000 $6,100,000 $2,250,000 Total Revenues $19,408,197 $28,059,100 $42,606,300 Expenses Operating Expense $8,198,064 $8,958,098 $8,560,700 Capital Improvements – Water Plant 2 $2,904,000 $7,090,000 $20,375,000 Capital Improvements – Distribution 3 $4,168,400 $11,312,600 $7,840,000 Transfer Out – General Fund $3,369,559 $3,194,053 $3,289,900 Transfer Out – Insurance Fund $468,492 $468,492 $482,600 Debt Service $1,170,340 $1,046,399 $2,255,800 Total Expenses $20,278,855 $32,069,642 $42,804,000 Beginning Unrestricted Fund Balance $8,590,091 $7,719,433 $3,708,891 Ending Unrestricted Fund Balance $7,719,433 $3,708,891 $3,511,191 Target Unrestricted Fund Balance $3,500,000 $3,500,000 $3,500,000 1 Assumes receipt of IEPA loans for four projects: water plant intake improvements, replacement of 30” transmission main, finished water storage improvements, and water plant reliability improvements. 2 Includes the following major projects: water plant reliability improvements in 2015-2016 and finished water storage improvements in 2015-2016. 3 Includes major projects in addition to the normal annual water main replacement program: painting two standpipes in 2015; replacement/rehabilitation of water main on Sheridan Road in 2015; and replacement of the 30” transmission main to downtown Evanston starting in 2016. 158 of 357 EXHIBIT 3 WATER FUND FIVE-YEAR CIP FY 2014 Estimate FY 2015 Budget FY 2016 Projected FY 2017 Projected FY 2018 Projected Water Facility Improvements Security Equipment $50,000 $50,000 $50,000 $50,000 $50,000 Masonry Evaluation and Tuckpointing 0 300,000 0 0 0 48" Intake Impts/Mussel Control System 1,210,000 690,000 0 0 0 SCADA System Upgrades 0 0 250,000 0 0 Plant Reliability Improvements 0 3,500,000 2,000,000 0 0 Standpipe Painting and Repair 0 3,500,000 0 0 0 AMR Radio Transmitter Replacement 700,000 100,000 0 0 0 Laboratory HVAC Replacement 0 0 0 0 90,000 Master Meter & Chem ical Feed Impts. 500,000 450,000 0 0 0 Roof Improvements 750,000 0 0 100,000 100,000 Chlorination Equipment Replacement 280,000 100,000 0 0 0 Finished Water Reservoir Study 103,000 0 0 0 0 Finished Water Reservoir 0 2,000,000 18,075,000 6,025,000 0 South Standpipe Motor Control Center 0 0 250,000 0 0 South Standpipe Storage Shed Rehab 0 0 50,000 0 0 Settling Basin 1/2 Rehabilitation 0 0 0 0 50,000 Filter Workshop Sprinkler System 0 0 0 0 150,000 Filter Freight Elevator & Controls Rehab 0 0 0 0 150,000 Total Water Facility Improvements 3,593,000 10,690,000 20,675,000 6,175,000 590,000 Distribution System Improvements Water Main Replacement 3,486,400 3,197,600 3,490,000 3,590,000 3,700,000 Pitner Ave Large Dia. Water Main Lining 0 290,000 0 0 0 Sheridan Road Water Main 0 4,225,000 0 0 0 Concrete Water Main Testing 0 0 150,000 0 0 30" Feeder Main Replacement 0 0 3,800,000 3,410,000 0 Total Distribution System Improvements 3,486,400 7,712,600 7,440,000 7,000,000 3,700,000 Total Water Fund CIP $7,061,400 $18,402,600 $28,115,000 $13,175,000 $4,290,000 159 of 357 EXHIBIT 4 WATER BILLS IN NEAR BY COMMUNITIES Community Annual Water Bill 1 Water Supplier Evanston (current) $211 Self-supplied Evanston (proposed) $232 Self-supplied Wilmette $286 Self-supplied Palatine $323 Evanston/NWWC Chicago 2 $328 Self-supplied Buffalo Grove $385 Evanston/NWWC Lincolnshire $388 Highland Park Skokie $412 Evanston Arlington Heights $412 Evanston/NWWC Northbrook $422 Self-supplied Deerfield $458 Highland Park Wheeling $466 Evanston/NWWC Glenview $500 Wilmette Des Plaines $538 Chicago Park Ridge 2 $636 Chicago Oak Park $658 Chicago Niles $660 Chicago Schaumburg $686 NSMJAWA Lincolnwood $708 Chicago Morton Grove $788 Chicago Average (current) $489 1 Assumes annual usage of 86,000 gallons and 3/4-inch or smaller water meter (minimum charges vary by meter size in some communities, including Evanston). 2 Annual water cost includes City Council approved water rate increase as of 1/1/2015. 160 of 357 EXHIBIT 5 COMBINED WATER AND SEWER BILLS IN NEARBY COMMUNITIES Communities are listed in order of increasing combined water and sewer annual cost. Community Combined Annual Water & Sewer Bill 1 Skokie $412 Palatine $418 Buffalo Grove $476 Arlington Heights $510 Northbrook $513 Wheeling $581 Glenview $655 Chicago 2 $656 Niles $660 Evanston (current) $664 Wilmette $682 Evanston (proposed) $685 Des Plaines $746 Park Ridge 2 $773 Lincolnwood $794 Deerfield $811 Lincolnshire $841 Oak Park $843 Schaumburg $843 Morton Grove $882 Average (proposed) $673 1 Assumes annual usage of 86,000 gallons and 3/4-inch or smaller water meter (minimum charges vary by meter size in some communities, including Evanston). 2 Annual cost includes City Council approved water and sewer rate increases as of 1/1/2015. 161 of 357 11/10/2014 137-O-14 AN ORDINANCE Amending City Code Section 7-12-17, City Waterworks System “Charges, Rates, Fees and Penalties” NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Section 7-12-17 of the City Code is hereby amended to read as follows, to include a ten percent (10%) rate increase effective January 1, 2015. 7-12-17: CHARGES, RATES, FEES AND PENALTIES: The fees and penalties for the waterworks system shall be paid according to the following table. Fees and penalties not covered by this table shall be as described in Section 1-4-1 of this Code. Waterworks System Charges, Rates, Fees and Penalties Construction Water Fee (prior to meter installation) Section 7-12-3(B) $100.00/ diametric inch/ month Connection Fee Initial Connections: ⅝ inch displacement ¾ inch displacement 1 inch displacement 1 ½ inch displacement 2 inch displacement, compound, or turbine 3 inch displacement 3 inch compound 3 inch turbine 4 inch displacement or compound 4 inch turbine 6 inch displacement or compound 6 inch turbine 8 inch compound 8 inch turbine $930.00 $1,331.00 $2,261.00 $4,393.00 $7,024.00 $13,310.00 $14,197.00 $15,923.00 $22,615.00 $27,280.00 $43,936.00 $54,483.00 $70,988.00 $80,081.00 162 of 357 137-O-14 ~2~ Upgrade Connections: The fee for upgrading to a larger connection shall equal the difference between the costs of the new, larger connection and the original connection. The fees collected for Initial Connections and Upgrade Connections shall be placed in a special account earmarked for the purpose of funding capital investment in new waterworks facilities. Replacement Connections: Services, 2” and smaller Services, greater than 2” Section 7-12-3(D) $100.00 $100.00/ diametric inch Water Meter Installation Permit Fee Section 7-12-6-2(B) $50.00 Water Meter Transfer Fee Section 7-12-6-2(B)2 $50.00 Meter Charges & Water Rates Bi-monthly meter charge - The minimum service charge includes the first five hundred cubic feet (500 cu.ft.) of water consumed during the two (2)-month period for which the minimum service charge is assessed. Any fractional part of the calendar year less than two (2) months shall be prorated and the proper minimum service charge collected. Quantity rate charged for all water used during the period for which the minimum service charge is assessed, in excess of the first five hundred cubic feet (500 cu.ft.) of water that is included in the minimum service charge. Section 7-12-7-1 Size Charge 5/8” and ¾” $7.78 7.07 1” $15.53 14.12 1 ½” $29.07 26.43 2” $45.77 41.61 3” $80.61 73.28 4” $129.13 117.39 6” $227.72 207.02 8” $385.50 350.45 $2.18 1.98/ 100 cubic feet Water Turn On Fee During business hours Outside of business hours Section 7-12-7-3 $25.00 $75.00 Fire Service Semi-Annual Charge Section 7-12-8 $20.00/ diametric inch/ 6 months Air Conditioning Device Annual Demand Charge (unless equipped with water conservation device) Section 7-12-9-2(C) $20.00/ ton capacity over 5 tons Unauthorized Water Turn On Penalty Services, 2” and smaller Services, greater than 2” Section 7-12-12 Time and materials for repairs plus: $100.00 $500.00 Shut-Off for Property Vacancy Fee Section 7-12-13 $50.00 Lawn Sprinkling Restriction Violation Penalty Section 7-12-14-2(C) $25.00 - $500.00 per day of violation 163 of 357 137-O-14 ~3~ Penalty For Tampering With City Waterworks System Section 7-12-15(A) $500.00 plus the estimated cost of water Penalty for Obstruction of Roundway, Service Box or Water Meter Section 7-12-15(B) $50.00 Cross Connection Control Device Installation Permit Fee Subsection 7-12-16-4 $40.00/ device Annual Cross Connection Control Fee Subsection 7-12-16-6 $35.00/ device SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this Ordinance 137-O-14 or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. SECTION 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 137-O-14 shall be in full force and effect on January 1, 2015, after its passage, approval, and publication in the manner provided by law. 164 of 357 137-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 165 of 357 For City Council meeting of November 24, 2014 Item A12 Ordinance 136-O-14: Amending Class A Liquor License For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Ordinance 136-O-14, Amending Subsection 3-4-6-(A) Regarding Retail Sale of Wine and Beer for Consumption Off Premises Date: October 22, 2014 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 136-O-14. This ordinance was introduced at the November 10, 2014 City Council meeting. Summary: Ordinance 136-O-14 amends Evanston City Code of 2012 Subsection 3-4-6(A), as amended, to solely permit the retail sale of wine, refrigerated beer, and/or unrefrigerated beer in original packaging for consumption off the premises with the retail sale of food products. There are currently zero (0) of the present-day Class A liquor licenses in effect. The request comes from a proposed licensee doing business as Bake 425. Legislative History: At the October 9, 2014 Liquor Control Review Board hearing met and reviewed the aforementioned business with the proposed licensee. Alternatives: n/a ------------------------------------------------------------------------------------- Attachments: Ordinance 136-O-14 Minutes of the October 9, 2014 Liquor Control Review Board Meeting Memorandum 166 of 357 10/21/2014 136-O-14 AN ORDINANCE Amending Subsection 3-4-6-(A) Regarding Retail Sale of Wine and Beer for Consumption Off Premises NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(A) of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: (A) CLASS A licenses, which shall authorize: (i) the retail sale of wine, refrigerated beer, and/or unrefrigerated beer, in original packages, for consumption off the premises serving of alcoholic liquor, beer and/or wine that is incidental and complementary to meal service and the retail sale of bake at home pizzas, salads, fine cheeses, deli and gourmet food products, and related accessories; (ii) the retail sale of wine, refrigerated beer, and/or unrefrigerated beer, in original packages, for consumption off the premises; (iii) the tasting of wine and/or beer not exceeding the limits set forth herein. Each Class A license shall be issued subject to the following conditions: 1. Class A licenses shall authorize the retail sale only of wine, imported beer, and American craft beer, and of no other alcoholic liquors, for consumption off the premises. 2. Class A licenses may be issued only to or retained by establishments in which the facilities for food preparation and service are those of a "restaurant, type 1," as defined in Section 6-18-3 of this Code. 2.3. Class A licenses may be issued only to those businesses for which the principal merchandise offered for retail sale is wine, imported beer, and American craft beer, in original packages, for consumption off the premises. Licensees may also sell wine-, and beer-related accessories, small gourmet food products, and specialty gift products such as fine food accessories. Not more than twenty (20) percent of total gross square foot area of the licensed premises may be designated for the sale of wine, refrigerated beer, and/or unrefrigerated beer. No tobacco product of any kind shall be sold or offered for sale on the licensed premises. 4. Class A licenses shall permit the sale and service of alcoholic liquor, wine, and/or beer to patrons for immediate consumption on the licensed premises, 167 of 357 136-O-14 ~2~ when such sale is incidental and complementary to the purchase and consumption of meals. The indoor seating area where alcoholic liquor, wine, and/or beer is served for such consumption shall be identified on a scale drawing of the licensed premises submitted with the application for the class AA license, and is subject to the review and approval of the local liquor control commissioner. The retail sale of bottles of wine to patrons on the premises is permitted provided that the licensee charges a minimal corkage fee to such patrons. 5. It shall be unlawful for any holder of a class A license that provides outdoor restaurant seating in the public right-of-way as a permitted sidewalk cafe pursuant to Subsection 7-2-6(D) this Code, as amended, to serve alcoholic liquor, wine, and/or beer to any patron seated in the public right-of-way without concurrently serving a meal to said patron. 3. 6. Class A licenses shall permit the tasting of samples of those wines and/or beers permitted to be sold under this classification, on the licensed premises during authorized hours of business. No charge, cost, fee, or other consideration of any kind shall be levied for any such tasting. Licensees shall not provide more than three (3) free samples, each of which shall not exceed one (1) fluid ounce, to any person in a day. lLicensees must have at least one (1) BASSET-certified site Manager on-premises at all times. whenever offering wine and beer for tasting. Licensees must provide food service when offering wine and/or beer for tasting. 4. 7. The sale of alcoholic liquor, wine, and/or beer shall be limited to the hours of 10:00 a.m. until 9:00 p.m. Monday through Thursday; 10:00 a.m. until 10:00 p.m. Friday through Saturday; 12:00 noon until 9:00 p.m. on Sunday. 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 five thousand dollars ($5,000.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable according to the provisions of Section 3-4-7 of this Chapter, shall be five thousand one hundred sixty dollars ($5,160.00). No more than zero (0) such licenses shall be in force at any one (1) time. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. This ordinance shall be in full force and effect from and after its 168 of 357 136-O-14 ~3~ passage, approval, and publication in the manner provided by law. 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. 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 357 Page 1 of 5 MEETING MINUTES Liquor Control Board Thursday, October 9, 11:30 a.m. Lorraine H. 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. 170 of 357 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. 171 of 357 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. 172 of 357 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. 173 of 357 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 174 of 357 For City Council meeting of November 24, 2014 Item A13 Ordinance 128-O-14: Lease of 2022 Central Street For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Karen Danczak Lyons, Library Director Subject: Ordinance 128-O-14 Authorizing the Lease of 2022 Central Street, Evanston with 2022 Central LLC d/b/a Lush Wine & Spirits Date: October 28, 2014 Recommended Action: Staff recommends adoption of Ordinance 128-O-14, authorizing the City Manager to negotiate and execute a Commercial Lease with 2022 Central LLC d/b/a Lush Wine & Spirits for the lease of City-owned real property located at 2022 Central Street, Evanston. This ordinance was introduced at the November 10, 2014 City Council meeting. Funding Source: N/A Summary: In 1978 the City of Evanston acquired the property occupied by the North Branch Library and a retail storefront at 2022-2026 Central Street. Library staff manages the lease for the storefront, and the previous tenant, Perennials, moved to another location in March, 2014. There were 23 inquiries about the storefront from interested parties while the property was marketed. After negotiations with three prospective tenants, Lush Wine & Spirits made the proposal that is most advantageous to the City. Mitchell Einhorn has owned and operated Lush Wine & Spirits for the past ten years and currently has two locations in Chicago. The property was part of the comprehensive facilities assessment conducted by Wiss, Janney, Elstner and their evaluation concluded that extensive mechanical, electrical, plumbing and structural renovations are required in the storefront at a cost in excess of $169,000. Lush will complete these “vanilla box” renovations as part of their tenant build-out project and be reimbursed through a ten year abatement of rent. No City debt will be needed for these renovations. The total value of the construction work funded by Lush is estimated to be $400,000. Memorandum 175 of 357 The initial lease term is ten years with three additional five year options. The rent for the first five years is $2,041.66 per month ($24,499.92 per year). The tenant will pay property taxes, insurance and utilities. Gross rent, including taxes, will be $25.33 per square foot for the 1,500 square foot space. The maximum rent abatement for the “vanilla box” build out is estimated to be $1,710 per month. Legislative History: The Library Board approved the lease at their October 22, 2014 meeting. ------------------------------------------------------------------------------------- Attachments: Ordinance 128-O-14 Copy of Lease Agreement Page 2 of 2 176 of 357 10/16/2014 128-O-14 AN ORDINANCE Authorizing the City Manager to Negotiate and Execute a Commercial Lease with 2022 Central LLC d/b/a Lush Wine & Spirits for lease of City-Owned Real Property Located at 2022 Central Street WHEREAS, the City of Evanston owns certain real property located at 2022 Central Street, Evanston, Illinois 60201, which is improved with a single story commercial building and more fully described on Exhibit 1 (the “Property”) and abuts the Evanston Public Library North Branch location at 2026 Central Street; and WHEREAS, on October 15, 2014, the Evanston Library Board of Trustees (the “Library Board”) approved the attached lease agreement for the subject Property; and WHEREAS, the City Council has determined that it is in the best interests of the City of Evanston to negotiate and execute a ten (10)-year commercial lease agreement (the “Lease Agreement”) by and among the City and the Library Board, collectively as Landlord, and 2022 Central Street LLC, an Illinois limited liability company, doing business as “Lush Wine & Spirits”, as the Tenant, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: Pursuant to Subsection 1-17-4-1 of the Evanston City Code of 2012, as amended (the “City Code”), the City Manager is hereby authorized and 177 of 357 128-O-14 ~2~ directed to negotiate and execute, and the City Clerk is hereby authorized and directed to attest, on behalf of the City of Evanston, the Lease Agreement for the Property, by and among the City of Evanston and the Library Board, as landlord, and 2022 Central, LLC, as tenant. The Lease Agreement shall be in substantial conformity with the Lease Agreement attached hereto as Exhibit “2” and incorporated herein by reference. SECTION 3: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Ayes: ______________ Nays: ______________ Introduced:_________________, 2014 Adopted:___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor 178 of 357 128-O-14 ~3~ Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 179 of 357 128-O-14 ~4~ EXHIBIT 1 LEGAL DESCRIPTION LOT 7 IN BLOCK 18 IN NORTH EVANSTON, BEING A SUBDIVISION OF LOTS 11, 12, 13, 14, 15 16 AND THE WEST 4 3/10TH ACRES OF LOT 17 IN GEO. SMITH’S SUBDIVISION OF THE SOUTH PART OF THE ANTOINE OUILMETTE RESERVATION, RECORDED IN BOOK 29, PAGE 58 OF MAPS, AND ALSO OF LOTS 1, 3 AND THAT PART OF LOT 2, LYING BETWEEN THE CHICAGO AND MILWAUKEE RAILWAY AND THE WEST LINE OF LOT 3, PRODUCED TO THE NORTH LINE OF SECTION 32, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, OF ASSESSOR’S PLAT OF EVANSTON, RECORDED IN BOOK 143, PAGE 45 OF MAPS, SAID PLAT OF NORTH EVANSTON RECORDED IN BOOK 168, PAGE 35 IN BOOK OF MAPS, ALL IN COOK COUNTY, ILLINOIS. Common Address: 2022 Central Street, Evanston, Illinois 60201 PIN: 10-12-103-033-8001 and 10-12-103-033-8002 (part of) 180 of 357 128-O-14 ~5~ EXHIBIT 2 COMMERCIAL LEASE AGREEMENT 181 of 357 LEASE AGREEMENT FOR THE PREMISES LOCATED AT 2022 CENTRAL STREET, EVANSTON, ILLINOIS, BY AND AMONG CITY OF EVANSTON AND EVANSTON LIBRARY BOARD OF TRUSTEES, LANDLORD AND 2022 CENTRAL, LLC, TENANT 182 of 357 INDEX Section Title Page Number SECTION 1. DESCRIPTION OF PREMISES ......................................................................... 1 SECTION 2. TERM ................................................................................................................ 1 SECTION 3. RENT ................................................................................................................. 1 SECTION 4. MAINTENANCE OF THE PROPERTY AND PREMISES .................................. 2 SECTION 5. USE OF PREMISES .......................................................................................... 5 SECTION 6. SIGNS ............................................................................................................... 7 SECTION 7. DEFECTS; DEFECTIVE CONDITION; WIND; ACTS OF THIRD PERSONS ......................................................................................................... 8 SECTION 8. CASUALTY DAMAGE; REP AIRS; ABATEMENT OF RENT ............................ 8 SECTION 9. UTILITIES .......................................................................................................... 9 SECTION 10. INSURANCE ..................................................................................................... 9 SECTION 11. SUBLETTING; ASSIGNMENT .........................................................................10 SECTION 12. SURRENDER OF PREMISES; HOLDING OVER .............................................10 SECTION 13. HAZARDOUS MATERIALS .............................................................................11 SECTION 14. INDEMNIFICATION AND LIENS ......................................................................12 SECTION 15. DEFAULT AND REMEDIES .............................................................................13 SECTION 16. REMOVAL OF OTHER LIENS .........................................................................15 SECTION 17. EXPENSES OF ENFORCEMENT ....................................................................15 SECTION 18. EMINENT DOMAIN ..........................................................................................16 SECTION 19. GOVERNMENTAL INTERFERENCE WITH POSSESSION .............................17 SECTION 20. PEACEFUL ENJOYMENT ...............................................................................17 SECTION 21. EFFECT OF WAIVER OF BREACH OF COVENANTS ....................................17 SECTION 22. AMENDMENTS TO BE IN WRITING ................................................................17 SECTION 23. PARTIES BOUND ............................................................................................17 SECTION 24. NOTICES ..........................................................................................................17 SECTION 25. MISCELLANEOUS ...........................................................................................18 SECTION 26. VENUE AND JURISDICTION ...........................................................................19 SECTION 27. FORCE MAJEURE ...........................................................................................19 1 183 of 357 This Lease Agreement (the “Agreement” or “Lease”) with an effective date of November 12, 2014 (the “Effective Date”) by and among The City of Evanston, an Illinois home rule municipality and owner of subject Property (“City”), whose main business office is located at 2100 Ridge Avenue, Evanston, Cook County, Illinois, and Evanston Public Library Board of Trustees (“Library Board”), collectively the City and Library Board shall be referred to as “Landlord”, and 2022 Central, LLC, an Illinois limited liability company (“Tenant”). Landlord and Tenant may be referred to collectively as the “Parties”. SECTION 1. DESCRIPTION OF PREMISES Landlord leases to Tenant the commercial space located at 2022 Central Street, Evanston, Illinois 60201 (the “Premises”) in the building and improvements (the “Building”) located at the aforementioned address. The Tenant’s proposed improvements to the Premises are attached as Exhibit A. At the conclusion of the Lease term, the Tenant shall restore the Premises and cannot remove any permanent fixtures that will cause structural damage to remove. SECTION 2. TERM The initial term of this Agreement will be for ten years, November 12, 2014 – October 31, 2024 (the “Term”). Tenant shall have the option, if not at the time in default, to renew this Lease for three (3) successive five (5) year terms each (the “Renewal Terms”). These options shall be exercised automatically, unless Tenant delivers to Landlord written notice of its election not to renew the then current term of this Lease as provided herein on or before one hundred twenty (120) days prior to the expiration of the then current term. SECTION 3. RENT A. RATE: Tenant agrees to pay Landlord or Landlord's agent as rental for the Premises, the monthly installments of Rent, $2,041.66 (Two thousand Forty-One and 66/100 Dollars), due under the terms of this Lease for the first five years of the Lease. On November 1, 2019, and for each successive Renewal Term, the rent will be increased based on the prior five calendar year’s percentage change for all items in the Chicago area Consumer’s Price Index. All monthly installments of Rent shall be payable in advance on or before the first (1st) day of each successive calendar month during the Term at the office of the Landlord set forth in Section 3D. Rent payment obligations commence when the Tenant opens its business or April 1, 2015, whichever comes first (the “Rent Commencement Date”). During the construction and renovation of the Premises from November 1, 2014 until the time it opens for business, the Tenant shall owe no rent to the Landlord. B. LATE PAYMENTS: A penalty of $50/per day will be assessed against the Tenant for the payments not received by Landlord within five (5) days of the payment due date until such payment is received by Landlord. 1 184 of 357 C. PAYMENTS. All monthly installments of Rent shall be payable in advance on or before the first (1st) day of each successive calendar month during the Term at the office of the Landlord set forth in Section 3D. D. Any and all Rent PAYMENTS under this Lease shall be made payable and transmitted to: Evanston Public Library Attn: Library Director 1703 Orrington Avenue Evanston, IL 60201 E. REAL ESTATE TAXES: 1. Real Estate Taxes for Term: In addition to Rent, outlined in Section 3[A], Tenant shall promptly pay the real estate taxes for the Property as invoiced by Cook County Treasurer. The Cook County Treasurer bills real estate taxes one year after the tax year (e.g. 2014 taxes are payable in 2015 in two installments). 2. Tenant will not be responsible for the taxes that pre-dated the Rent Commencement Date of this Lease, meaning all real estate taxes accruing prior to the Rent Commencement Date are the responsibility of the Landlord. Landlord will invoice Tenant for prorated portion of the real estate taxes arising in any partial year subsequent to the Rent Commencement Date and Tenant will reimburse Landlord for this period upon receipt of invoice. 3. Tenant will change the payee with the Cook County Treasurer prior to the beginning of the first full calendar year subsequent to the Rent Commencement Date and will pay all real estate taxes for time periods subsequent to the Rent Commencement Date. Tenant will provide proof of payment for each and every installment for the Term of this Agreement within ten (10) business days of payment. 4. Tenant’s obligation to pay real estate taxes for the time periods provided herein survives the expiration of the Term or termination of the Agreement for any reason. At the end of the tenancy for any reason, Tenant shall be responsible and shall pay promptly the real estate taxes accrued during their tenancy and the Landlord will reimburse a prorated portion to Tenant from the date of delivery of the Property to the end of the calendar year. SECTION 4. MAINTENANCE OF THE PROPERTY AND THE PREMISES A. MAINTENANCE BY LANDLORD: Tenant accepts the Premises in as-is condition, and acknowledges that the Landlord has made no representations to the condition or has made any repairs to same. The Landlord or Landlord’s staff or other representatives have made no representations or assurances that it will alter or remodel the Premises and all renovations will be at Tenant’s sole cost and expense. Subject to 2 185 of 357 Section 7, Landlord shall, when necessary, or when required by applicable laws, perform, repair and maintain all of the following: the structural and exterior portions of the Building, including the foundation, demising walls, exterior walls, floor slab, the roof, and common utility lines to the point of connection to the Premises to keep the Building in good, safe, clean order, appearance, condition and repair. B. MAINTENANCE BY TENANT: 1. Interior non-structural Premises maintenance and all fixtures and property within the Premises including utility, HVAC or fire/life safety facilities and systems and other than any items Landlord is required to maintain pursuant to Section 4[A]. 2. All refuse from Premises to be placed in appropriate containers and Tenant cannot dispose of construction building materials in the standard refuse containers and must arrange for special pick-ups and containers for said materials. A refuse container for regular refuse will be located at the Premises in reasonable proximity to the Premises. Tenant will contract to have trash hauled from such container with reasonable frequency. 3. The Tenant will at all times maintain all of the Premises in a clean, neat and orderly condition. The Tenant will not use the Premises in a manner that will violate or make void or inoperative any policy of insurance held by the Landlord. The Tenant shall pay the Landlord for overtime wages for staff and for any other related expenses incurred in the event that repairs, alterations or other work in the Premises required or permitted hereunder are not made during ordinary Business Hours at the Tenant’s request. 4. Tenant will keep the interior non-structural portions of the Premises, including all interior, non-structural walls, surfaces and appurtenances (other than systems and any other items that Landlord is required to maintain pursuant to Section 4[A]), in good repair. Tenant shall be responsible for repairs, damages and losses for damages sustained outside the Premises attributable to Tenant’s negligence or intentional misconduct. All such damage must be reported in writing to the Director of the Evanston Public Library, or his/her designee, by the next City of Evanston business day, after discovery of such damage by Tenant. 5. Tenant shall yield the Premises back to Landlord, upon the termination of this Agreement, whether such termination shall occur by expiration of the term, or in any other manner whatsoever, in the same condition of cleanliness and repair as at the date of the execution hereof, loss by fire and reasonable wear and tear excepted. Except to the extent any of the following is Landlord’s obligation pursuant to Section 4[A], Tenant shall make all necessary repairs and renewals upon Premises and replace broken fixtures with material of the same size and quality as that broken. If, however, the Premises shall not thus be kept in good repair and in a clean condition by Tenant, as aforesaid, Landlord may enter the same, or by Landlord’s agents, servants or employees, 3 186 of 357 without such entering causing or constituting a termination of this Agreement or an interference with the possession of the Premises by Tenant, and Landlord may replace the same in the same condition of repair and cleanliness as existed at the date of execution hereof, and Tenant agrees to pay Landlord, in addition to the rent hereby reserved, the expenses of Landlord in thus replacing the Premises in that condition. Tenant shall not cause or permit any waste, misuse or neglect of the water, or of the water, gas or electric fixtures. 6. Tenant will also be in compliance with all laws and regulations during the entire term of this Agreement, except for repairs required of the Landlord to be made and damage occasioned by fire, hurricane or other causes as provided for in this Agreement. C. TENANT IMPROVEMENT: Tenant shall construct all renovations pursuant to build out plans agreed to by Landlord and Tenant. Once the build out plans are agreed upon, they will be attached as Exhibit A to this lease and incorporated herein. The parties agree that certain improvements to Premises are necessary to bring the Premises to a “Vanilla Box” standard, including updating the electrical system, HVAC system, and plumbing. 1. The Parties anticipate that the total build out renovation expenses to total $400,000.00 (Four Hundred Thousand and no/100 Dollars). Landlord will reimburse the Tenant for a portion of the Tenant Improvements, which account for the vanilla box improvements (the “Tenant Improvements”). 2. Landlord will reimburse a portion of the tenant improvements to achieve the Vanilla Box, the total reimbursement to Tenant over the initial Lease Term in amount not to exceed One Hundred Seventy-Five Thousand ($175,000.00) (the “Total Improvement Rebate”). Tenant will apportion the Tenant Improvements which are covered by the Total Improvement Rebate in the cost estimates prepared in connection with the build out plans. 3. After lease execution, the Parties will meet and confer over the scope of work and cost estimates to determine the final amount for the Tenant Improvements and the final monthly rebate (the “Monthly Rebate”) to Tenant over the initial ten (10) year Term of the Lease. Interest will accrue on the outstanding amounts of the Rebate at the rate of prime. 4. If Tenant defaults on the terms and conditions of this Agreement or terminates this Agreement for any reason other than the Landlord’s willful misconduct which caused the Tenant’s departure, the Total Improvement Rebate is null and void and the Vanilla Box improvements are the property of the City of Evanston with no right of reimbursement to the Tenant for the Tenant Improvements which were paid for with the Total Improvement Rebate and any fixtures which are permanently affixed to the property and would cause damage to the Property to remove. 4 187 of 357 SECTION 5. USE OF PREMISES A. PURPOSES: Tenant will use the Premises to operate a wine bar and retail packaged liquor store, with retail food, special events where food and alcoholic beverages are served and uses incidental thereto, and no part of the Premises will be used for any other purpose without the prior written consent of Landlord (the “Permitted Use”). Tenant must maintain at all times a valid liquor license for the Premises with the State of Illinois and the City of Evanston, and pay all associated liquor tax payments on or before the due date. The Landlord gives its written consent for an application to be submitted and reviewed by the Evanston City Liquor Control Review Board and the Evanston City Council in conformance with the Evanston City Code procedures, as amended. The City of Evanston agrees to cause such license to be granted if Tenant meets applicable requirements under the Evanston City Code. This Agreement is contingent on the Tenant receiving the State and City liquor licenses (the “License Contingency”). If, on or before ninety (90) days after the Effective Date, (a) the License Contingency has not been either satisfied or waived by Tenant and (b) Tenant gives written notice to Landlord of Tenant’s inability to complete the License Contingency and of Tenant’s desire to terminate this Lease (“Termination Notice”), this Lease shall be null and void and of no further effect and the parties hereto shall have no further rights or obligations under this Lease. B. HOURS OF OPERATION AND LANDLORD ACCESS: 1. Subject to Tenant’s Liquor License restrictions and the City Code regulations, Tenant’s use of the Premises shall only be for the permitted use. In addition, Tenant’s staff, agents, employees and contractors may access the Premises twenty-four hours a day, seven days a week, but shall not cause any unnecessary disruption to the neighborhood during the non-business hours. 2. The Landlord shall have the right to retain a set of keys to the Premises, and Tenant shall not change any locks for the Premises without providing a copy to the Landlord. The Landlord agents shall have the right to enter upon the Premises with 24 hours prior written notice and at times reasonably calculated not to interfere with the operation of Tenant’s business on the Premises (except in the case of an emergency, in which case entry may be made without notice) to determine Tenant’s compliance with this Lease or in connection with the following: (a) construction in or about the Premises; or (b) completing any work, repairs, alterations, or improvements in or about the Premises that are required or permitted to be made hereunder by Landlord. 3. If Tenant neglects or refuses to make repairs to or to maintain the exterior of the Premises as required under this Lease, or to fulfill any other obligation (or any part thereof) as required under this Lease, then in addition to all other rights and remedies of Landlord as a result of such failure, Landlord and/or its agents shall have the right, upon giving Tenant not less than fifteen (15) days’ (or such longer period of time as is reasonably necessary to cure such 5 188 of 357 failure, provided that Tenant promptly commences and diligently pursues such cure) prior written notice of its election to do so, except in the event of an emergency (in which case only such notice as is practical shall be required), to make the repairs or perform the maintenance or other obligations on behalf of and for the account of Tenant. The commercially reasonable cost of the work so done or obligations performed by Landlord or its agents, shall be paid for by Tenant within fifteen (15) days after Tenant’s receipt of a bill therefor. Nothing herein shall imply any duty on the part of Landlord to do any work which Landlord is not specifically and expressly required to perform under this Lease or which, under any provisions of this Lease, Tenant is required to perform, and the performance of such work by Landlord shall not constitute a waiver of Tenant’s default. Landlord shall have no liability to Tenant for any loss or damage which may result to its stock or business by reason of such repairs, replacements or action, except for the gross negligence of Landlord, its agents, representatives or employees. Tenant will not cease any Rent payments while repairs, alterations, improvements, or additions are being made, by reason of loss or interruption of business of the Tenant, or otherwise, provided Landlord shall complete such work as quickly as reasonably possible. Notwithstanding the foregoing, if a portion of the Premises is unusable for the purpose contemplated hereunder for a period of greater than 5 days (including, without limitation, as a result of a casualty or a condemnation or the repairs required in connection therewith), the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the Premises bears to the whole. The determination of the unusable space shall be reasonably determined by the Landlord based on square footage. Notwithstanding anything to the contrary contained herein, Landlord shall not have the right to alter the Premises except as expressly required or permitted hereunder. Notwithstanding the foregoing, if the repairs, alterations, improvements, or additions are at Tenant’s request or if the repairs are necessitated by Tenant’s actions, then the Tenant may not cease any rent for any period, unless the Premises are unusable as a result of the negligence or intentional misconduct of Landlord or its agents, employees or contractors. If the Tenant shall not be personally present to open and permit an entry into Premises, at any time, when for any reason an entry therein shall be necessary or permissible, the Landlord or the Lessor's agents may enter the same by using the key, or may forcibly enter the same, without rendering the Landlord or such agents liable therefore (if during such entry the Landlord or the Lessor's agents shall accord reasonable care to Tenant's property), and without in any manner affecting the obligations and covenants of this Lease. If the Tenant does not exercise any of the options to renew the Lease and/or will be vacating the Premises at or prior to the end of the Term, no more than thirty (30) days prior to the end of the then current term, Tenant will also allow Landlord to have placed upon the Premises at all times notices of “For Sale” and/or “For Rent” and Tenant will not interfere with the same. 4. Nothing herein contained, however, shall be deemed or construed to impose upon the Landlord any obligations, responsibility or liability whatsoever, for the care, supervision or repair of the Premises or any part thereof, other than as herein provided. The Landlord shall not be liable to the 6 189 of 357 Tenant for any expense, injury, loss or damage resulting from work done by persons other than the Landlord in or upon, or the use of, any adjacent or nearby building, land, street, or alley. C. STORAGE OF INFLAMMABLE MATERIALS: Tenant agrees that it will not permit to be kept at the Premises any gasoline, distillate or other petroleum product, or other substance of an explosive or inflammable nature as may endanger any part of the premises without the written consent of the Landlord, provided that Tenant can maintain customary cleaning products in the Premises and the alcohol for the business operation. D. USE IMPAIRING STRUCTURAL STRENGTH: The Tenant will not permit the Premises to be used in any manner that will impair the structural strength of the Premises, or permit the installment of any machinery or apparatus the weight or vibration of which may tend to impair the building’s foundations or structural strength. E. GARBAGE DISPOSAL: The Tenant will not incinerate any garbage or debris in or about the Premises, and will cause all containers, rubbish, garbage and debris stored in the Premises to be placed in the refuse container supplied by Landlord for the Premises before accumulation of any substantial quantity. F. PUBLIC REGULATIONS: In the conduct of its business on the Premises, Tenant will observe and comply with all laws, ordinances and regulations of public authorities. Tenant acknowledges that the Premises is owned by the City of Evanston and therefore no smoking will be permitted at the Premises. G. OTHER MISUSE: Tenant will not permit any unlawful or immoral practice with or without its knowledge or consent, to be committed or carried on in the Premises by Tenant or any other person. Tenant will not use or allow the use of the Premises for any purpose whatsoever that will injure the reputation of the Premises or of the building of which they are a part. SECTION 6. SIGNS Tenant may apply for signage (temporary and permanent signage) for the exterior and interior of the Premises, at its own expense, in order to conduct the business of Tenant. Tenant acknowledges that there are limitations from the City of Evanston Municipal Code of 2012, as amended, and the Code governs the application process and the details regarding size, type, and number of signs and Tenant agrees to be bound by such ordinances. Landlord cannot make representations in a lease agreement that Tenant shall be entitled additional signage, a certain number of signs and/or dimensions of proposed signage, because the Tenant must make an application to the Sign Review Board, as provided by Code, but Landlord will not withhold its consent to a reasonably sized sign over the new entrance to the Premises. 7 190 of 357 SECTION 7. DEFECTS; DEFECTIVE CONDITION; WIND; ACTS OF THIRD PERSONS Except as set forth herein, as provided by Illinois law and except to the extent arising from the negligence or intentional misconduct of Landlord or its agents, employees or contractors, or from the breach of this Lease by Landlord, Landlord will not be liable to Tenant for any damage or injury to Tenant or Tenant’s property occasioned by the failure of Landlord to keep the Premises in repair, and shall not be liable for any injury done or occasioned by wind or by or from any defect of plumbing, electric wiring or of insulation thereof, gas pipes, water pipes or steam pipes, or from broken stairs, porches, railings or walks, or from the backing up of any sewer pipe or down-spout or from the bursting, leaking or running of any tank, tub, washstand, water closet or waste pipe, drain, or any other pipe or tank in, upon or about the Premises or the building of which they are a part nor from the escape of steam or hot water from any radiator, nor for any such damage or injury occasioned by water, snow or ice being upon or coming through the roof, trap door, stairs, walks or any other place upon or near the Premises, or otherwise, nor for any such damage or injury done or occasioned by the falling of any fixture, plaster, or stucco, nor for any damage or injury arising from any act, omission or negligence or co-tenants or of other persons, occupants of the same building or of adjoining or contiguous buildings or of owners of adjacent or contiguous property, or of Landlord’s agents or Landlord, all claims for any such damage or injury being hereby expressly waived by Tenant. Notwithstanding the foregoing, if any portion of the Premises unusable for the purpose contemplated hereunder for a period of greater than two (2) days, the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the Premises bears to the whole. The determination of the unusable space shall be reasonably determined by the Landlord based on square footage. SECTION 8. CASUALTY DAMAGE; REPAIRS; ABATEMENT OF RENT A. USE OF PARTIALLY DAMAGED PREMISES: On damage or destruction by a casualty to the Premises, Tenant will continue to use them for the operation of its business to the extent practicable B. RIGHT TO TERMINATE ON DESTRUCTION OF TWO-THIRDS OF PREMISES: Either Party will have the right to terminate this Agreement if, the Premises is damaged by a casualty to an extent exceeding two-thirds of the reconstruction cost of the Premises as a whole. If such damage occurs, this termination will be affected by written notice to the other Party, delivered within 90 days of the damage. C. REPAIRS BY LANDLORD: If the Premises are damaged by a casualty before or after the start of the Agreement, then Landlord will immediately, on receipt of insurance proceeds paid in connection with casualty damage, but no later than sixty days after damage has occurred, proceed to repair the Premises. Repairs will include any improvements made by Landlord or by Tenant with Landlord’s consent, on the same plan and design as existed immediately before the damage occurred, subject to those delays reasonably attributable to governmental restrictions or failure to obtain materials, labor or other causes, whether similar or dissimilar, beyond the control of Landlord. 8 191 of 357 Materials used in repair will be as nearly like original materials as reasonably procured in regular channels of supply. Wherever cause beyond the power of the party affected causes delay, the period of delay will be added to the period in this lease for completion of the work, reconstruction or replacement. D. REDUCTION OF RENT DURING REPAIRS: If a portion of the Premises is unusable for the purpose contemplated hereunder for a period of greater than 5 days, the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the Premises bears to the whole. The determination of the unusable space shall be reasonably determined by the Landlord based on square footage. No rent will be payable while the Premises is wholly unoccupied pending the repair of casualty damage. E. FIRE AND CASUALTY : If the Premises are entirely destroyed by fire or another act of God, and Landlord elects to not rebuild the Premises, then this Agreement shall be terminated effective as of the date of the casualty. SECTION 9. UTILITIES Tenant agrees to pay before delinquency all charges for gas, water, sewer, phone, internet, heat, electricity, and waste disposal and other similar charges incurred by Tenant and serving the Premises during the Term of this Agreement. Any additional lines or upgrades in service for electrical, gas or other utility lines that are necessary to operate Tenant’s use the Premises will be at the sole cost and expense of Tenant. SECTION 10. INSURANCE A. INSURANCE COMPANIES: It is agreed that any policies of insurance to be maintained by the respective parties will be obtained from good and solvent insurance companies. Only companies with an “A” Policyholder’s Rating with the Alfred Best Company will be acceptable. B. TENANT TO OBTAIN LIABILITY INSURANCE: Tenant agrees that it will, at its expense, maintain a policy of insurance, written by responsible insurance carriers, approved by Landlord that will insure Tenant against liability for injury to or death of persons or damage to property occurring about the Premises. Landlord will be named as an additional insured. The liability under insurance will be at least $1 million for any one person injured or killed or any one occurrence, $1 million general aggregate coverage for any one accident, and $ 100,000.00 property damage. Tenant will obtain an endorsement and Certificate of Insurance naming the Landlord as an additional insured from Tenant’s carrier (during the term of the Lease, including Premises Improvement construction) and all contractors during the construction of the Premises Improvements and any other renovation or construction at the Premises. C. TENANT TO OBTAIN WORKER’S COMPENSATION INSURANCE: Tenant agrees to maintain employees’ Worker’s Compensation insurance required under Illinois law. 9 192 of 357 D. TENANT TO OBTAIN INSURANCE ON FIXTURES AND EQUIPMENT: The Tenant agrees to maintain on all trade fixtures and personal property in the Premises, a policy of insurance approved by the Landlord of at least 90% of the insurable replacement value of all trade fixtures and personal property. E. LANDLORD TO OBTAIN FIRE INSURANCE ON PREMISES: Landlord agrees to maintain during this Agreement, a policy of property insurance covering any peril generally included in the classification ISO Causes of Loss – Special Form (a “Special Form Policy”) and covering at least 80% of the full replacement cost of the Premises (or Landlord may self-insure for such coverage). If permitted without additional charge, Landlord will cause to be endorsed on its property insurance, and any extended coverage policy or policies, the waiver of right of subrogation. Landlord hereby agrees to waive any claims against Tenant and its agents and employees to the extent the same could be covered by a Special Form Policy, regardless if the same is maintained by the Landlord. F. TENANT’S WAIVER OF CASUALTY INSURANCE PROCEEDS: If the Premises are damaged by fire or other casualty insured against, Tenant agrees to claim no interest in any insurance settlement arising out of any loss where premiums are paid by Landlord, or where Landlord is named as sole beneficiary, and that it will sign all documents required by Landlord or the insurance company necessary in connection with the settlement of any loss. G. CONTROL OF INSURANCE PROCEEDS TO AVOID TAXABLE GAIN: If the Premises, including any improvements, were to be damaged in any manner, and the receipt of any insurance proceeds or other reimbursement for such damage would result in the realization of taxable gain for federal or state purposes, then the party to whom the gain would be taxed will have the right to take all action respecting proceeds or reimbursements necessary to enable party to comply with any regulations of the appropriate taxing authorities, so that the gain will not be recognized for tax purposes. Nothing here will be construed to entitle Landlord to delay any repairs to any part of the improvements in the event of damage. H. TENANT’S FAILURE TO INSURE: Should Tenant fail to keep in effect and pay for insurance as required by this section and then fail to cure such failure within ten (10) days after written notice from Landlord, the Landlord may terminate this Lease immediately. SECTION 11. SUBLETTING; ASSIGNMENT The Tenant shall not be allowed to sublet the Premises or assign this Agreement to another tenant without the prior written consent of the Landlord. SECTION 12. SURRENDER OF PREMISES; HOLDING OVER Tenant will, at the termination of this Lease, leave the Premises in as good condition as they are in at the time of entry by Tenant, except for reasonable use and wear, acts of God, or damage by casualty beyond the control of Tenant. On vacating, 10 193 of 357 Tenant will leave the Premises clear of all rubbish and debris. If Tenant retains possession of the Premises or any part thereof after the termination of the term by lapse of time or otherwise, then Landlord may at its option within thirty days after termination of the term serve written notice upon Tenant that such holding over constitutes the creation of a month to month tenancy, upon the terms of this Agreement. Tenant shall also pay to Landlord all damages sustained by Landlord resulting from retention of possession by Tenant. The provisions of this paragraph shall not constitute a waiver by Landlord of any right of re-entry as hereinafter set forth; nor shall receipt of any rent or any other act in apparent affirmation of tenancy operate as a waiver of the right to terminate this Agreement for a breach of any of the covenants herein. SECTION 13. HAZARDOUS MATERIALS A. DEFINITION. For purposes of this Article, “Hazardous Materials” means any matter giving rise to liability under the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act, U.S.C. Section 9601 et seq. (including the so-called “Superfund” amendments thereto), any other applicable federal, state or local statute, law, ordinance, rule or regulation governing or pertaining to any hazardous materials, hazardous wastes, chemicals or other materials, including, without limitation, asbestos, polychlorinated biphenyls, radon, petroleum and any derivative thereof or any common law theory based on nuisance or strict liability. B. EXPOSURE. Tenant, its employees, contractors, agents or invitees (while any such invitee is upon the Premises), shall not use, generate, release, manufacture, refine, produce, process, store, or dispose of any Hazardous Materials on, under or about the Premises, or transport to or from the Premises any Hazardous Materials, with the exception that construction materials (other than asbestos or polychlorinated biphenyls), office equipment, restaurant supplies, cleaning solutions and other maintenance materials that are or contain Hazardous Materials may be used, handled or stored on, under or about the Premises, provided such are in de minimis amounts only and are incidental to and reasonably necessary for the build out, operation and maintenance of the Premises for the Permitted Use hereunder and are at all times in compliance with all environmental statutes and all other applicable governmental requirements. C. TENANT INDEMNIFICATION. Tenant shall indemnify, defend and hold Landlord harmless from and against all liabilities, costs, damages and expenses which Landlord may incur (including, without limitation, reasonable attorneys’ fees and disbursements) as a result of the presence of Hazardous Materials introduced or installed on, under or about the Premises by Tenant or Tenant’s officers, employees, agents, contractors or other invitees or as a result of the presence of Hazardous Materials on, under or about the remainder of Landlord’s Parcel. D. LANDLORD INDEMNIFICATION. Landlord shall indemnify, defend and hold Tenant harmless from and against all liabilities, costs, damages and expenses which Tenant may incur as a result of the presence of Hazardous Materials introduced or 11 194 of 357 installed on, under or about the Premises by Landlord or Landlord’s officers, employees, agents, contractors or other invitees gross negligent or willful acts. SECTION 14. INDEMNIFICATION AND LIENS A. LIENS AND ENCUMBRANCES: The Tenant will hold the Landlord harmless from all claims, liens, claims of lien, demands, charges, encumbrances or litigation arising out of any work or activity of Tenant on the Premises. Tenant will, within sixty (60) days after filing of any lien, fully pay and satisfy the lien and reimburse Landlord for all resulting loss and expense, including a reasonable attorney’s fees. Provided, however, in the event that Tenant contests any lien so filed in good faith and pursues an active defense of said lien, Tenant shall not be in default of this paragraph. However, in the event of any final judgment against Tenant regarding such lien, Tenant agrees to pay such judgment and satisfy such lien within 60 days of the entry of any such judgment. B. DISCHARGE OF LIEN: If Tenant fails to fully discharge any claim, lien, claim of lien, demand, charge, encumbrance, or litigation, or should proceedings be instituted for the foreclosure of any lien or encumbrance, and if judgment is rendered against Tenant either by a court of competent jurisdiction or by arbitration and Tenant still persists in non-payment of the same within the 60 days set forth above, Landlord will have the right at any time after expiration of the 60-day period, to pay the lien or encumbrance. All amounts so paid will be repaid by the Tenant on demand, together with interest at the rate of __10__% per year from the date of payment and shall be considered additional rent owed to Landlord by Tenant. C. INDEMNIFICATION OF LANDLORD: Except as otherwise provided in this Agreement, and except to the extent caused by the negligence or willful misconduct of Landlord, or its agents, employees or contractors, or by the breach of this Lease by Landlord, Tenant shall protect, defend, indemnify and save Landlord and its officers, directors, agents, attorneys, and employees harmless from and against any and all obligations, liabilities, costs, damages, claims and expenses of whatever nature arising from (i) any matter, condition or thing that occurs in the Premises, which is not the result of Landlord’s negligence or willful misconduct, (ii) any negligence or willful misconduct of Tenant, or its agents, employees or contractors; or (iii) Landlord’s breach occasioned wholly or in part by any act, omission of Tenant, its agents, employees, contractors or servants. The provisions of this Section shall survive the expiration or earlier termination of this Lease only with respect to any damage, injury or death occurring before such expiration or earlier termination. D. INDEMNIFICATION OF TENANT. Except as otherwise provided in this Agreement, and except to the extent caused by the negligence or willful misconduct of Tenant, or its agents, employees or contractors, or by the breach of this Lease by Tenant, Landlord shall protect, defend, indemnify and save Tenant and its officers, directors, agents, attorneys, and employees harmless from and against any and all obligations, liabilities, costs, damages, claims and expenses of whatever nature arising from Landlord’s willful acts occasioned wholly or in part by any act, omission or of 12 195 of 357 Landlord, its agents, employees, contractors or servants; The provisions of this Section shall survive the expiration or earlier termination of this Lease only with respect to any damage, injury or death occurring before such expiration or earlier termination. SECTION 15. DEFAULT AND REMEDIES A. EVENT OF DEFAULT: Any one of the following events shall be deemed to be an event of default hereunder by Tenant subject to Tenant’s right to cure: 1. Tenant shall fail to pay any item of Base Rent at the time and place when and where due and does not cure such failure within five (5) business days after notice to Tenant of such failure; 2. Tenant shall fail to maintain the insurance coverage as set forth herein and does not cure such failure within 10 days after receipt of notice from Landlord; 3. Tenant shall fail to comply with any term, provision, condition or covenant of this Lease, other than the payment of rent, and shall not cure, or commence the good faith cure of any such failure, within fifteen (15) days after written notice to the Tenant of such failure, and in the event the Tenant cannot reasonably cure with the aforementioned fifteen (15) day period, then so long as Tenant commences good faith efforts to cure within said fifteen day period and proceeds diligently to cure, Tenant cures within a reasonable amount of time; or 4. Tenant shall make a general assignment the benefit of creditors, or shall admit in writing its inability to pay its debts as they become due or shall file a petition in bankruptcy. 5. Once the Tenant’s licenses are issued as contemplated by Section 5A of this lease, Tenant shall maintain a valid liquor license. Provided, however, in the event any liquor license application or renewal of Tenant’s is denied by the applicable regulatory authority, then in such event the Tenant at its own expense, may appeal any such denial to the appropriate tribunal, and so long as proceeding diligently and in good faith in its efforts to obtain a license, Tenant shall not be in default of this Lease. Landlord agrees to cooperate as reasonably requested by Tenant to: (i) maintain, obtain, renew and/or reinstate all of the Tenant’s licenses and any such other licenses, permits and similar authorizations that the Purchaser and/or the Company may reasonably request. B. OCCURRENCE OF AN EVENT: Upon the occurrence of any event of default, after written notice from Landlord and upon expiration of any applicable cure period, Landlord shall have the option to pursue any one or more of the following remedies subject to the laws of the State of Illinois and the Tenant’s right to cure: 1. Terminate this Lease, in which event Tenant shall immediately surrender the Premises to Landlord, but if Tenant fails to do so, Landlord may, without further notice and without prejudice to any other remedy Landlord may 13 196 of 357 have for possession or arrearages in rent, or damages for breach of contract, enter upon the Premises and expel or remove and with or without notice of such election or any notice or demand whatsoever, this Agreement shall thereupon terminate and upon the termination of Tenant’s right of possession, as aforesaid, whether this Agreement be terminated or not, Tenant agrees to surrender possession of the Premises immediately, without the receipt of any demand for rent, notice to quit or demand for possession of the Premises whatsoever and hereby grants to Landlord full and free license to enter into and upon the Premises or any part thereof, to take possession thereof with or (to the extent permitted by law) without process of law, and to expel and to remove Tenant or any other person who may be occupying the Premises or any part thereof, and Landlord may use such force in and about expelling and removing Tenant and other persons as may reasonably be necessary, and Landlord may re-possess itself of the Premises, but such entry of the Premises shall not constitute a trespass or forcible entry or detainer, nor shall it cause a forfeiture of rents due by virtue thereof, nor a waiver of any covenant, agreement or promise in this Agreement contained to be performed by Tenant. Tenant agrees to indemnify Landlord for all loss and damage which Landlord may suffer by reason of such lease termination, whether through inability to re-let the Premises, or through decrease in Rent, or otherwise. 2. Landlord may recover from Tenant upon demand all of Landlord’s costs, charges and expenses, including the fees and costs of counsel, agents and others retained by Landlord which have been incurred by Landlord in enforcing Tenant’s obligations hereunder, subject to Landlord prevailing on its claims. 3. Pursuit of any of the foregoing remedies shall not preclude pursuit of any other remedy herein provided or available to Landlord at law or in equity, or constitute a forfeiture or waiver of any Rent due hereunder or of any damages suffered by Landlord. C. REPOSSESSION OR RELETTING NOT A TERMINATION; LANDLORD’S RIGHT TO TERMINATE NOT FORFEITED: No repossession, operation or re-letting of the Premises or of fixtures and equipment will be construed as an election by Landlord to terminate this Agreement unless a written notice is given by the Landlord to the Tenant. The Landlord may terminate this Agreement if the Tenant remains in default (beyond any applicable notice and cure period). The acceptance of rent, whether in a single instance or repeatedly, after it falls due, or after knowledge of any breach hereof by Tenant, or the giving or making of any notice or demand, whether according to any statutory provision or not, or any act or series of acts except written waiver, shall not be construed as a waiver of Landlord’s rights to act without notice or demand or of any other right hereby given Landlord, or as an election not to proceed under the provisions of this Agreement. D. TENANT’S OBLIGATION TO PAY DEFICIENCIES: If rentals received by the Landlord from re-letting the Premises under the provisions of this section are insufficient 14 197 of 357 to pay all expenses and amounts due, Tenant will pay any deficiencies to the Landlord on demand and be declared in default for failure to pay. E. LANDLORD’S RIGHT TO PERFORM TENANT’S DUTIES AT TENANT’S COST: If in Landlord’s judgment any default by Tenant will jeopardize the Premises or the rights of Landlord, Landlord may, without notice, elect to cure Tenant’s default and Tenant will reimburse Landlord, on 10-days’ notice by Landlord to Tenant. F. LANDLORD’S RIGHT ON TERMINATION TO RECOVER AMOUNT EQUAL TO RENT RESERVED: If this Agreement is terminated by Landlord due to any event of default by Tenant, Landlord will be entitled to recover from Tenant, at termination, the excess, if any, of the rent reserved in this Agreement for the balance of the term over the reasonable rental value of the Premises for the same period. The “reasonable rental value” will be the amount of rental Landlord can obtain as rent for the balance of the term. Provided, however, the foregoing “reasonable rental value” shall be set-off against the entire outstanding amount of the Total Improvement Rebate”. G. LANDLORD’S REMEDIES CUMULATIVE: All of the remedies given to Landlord in this Agreement or by law are cumulative, and the exercise of one remedy by the Landlord will not impair its right to exercise any other right or remedy. Landlord shall not look to the property or assets of any direct or indirect partner, member, manager, shareholder, director, officer, principal, employee or agent of Tenant in seeking either to enforce Tenant’s obligations under this Agreement or to satisfy a judgment for Tenant’s failure to perform such obligations; and none of such parties shall be personally liable for the performance of Tenant’s obligations under this Agreement. SECTION 16. REMOVAL OF OTHER LIENS In event any lien upon Landlord’s title results from any act or neglect of Tenant and Tenant fails to remove said lien within thirty (30) days after Landlord’s notice to do so, Landlord may remove the lien by paying the full amount thereof or otherwise and without any investigation or contest of the validity thereof and Tenant shall pay Landlord upon request the amount paid out by Landlord in such behalf, including Landlord’s costs, expenses and reasonable attorney’s fees. If Tenant demonstrates to Landlord that Tenant is contesting the validity of said lien in good faith, then Landlord shall allow Tenant to so contest such lien until either Tenant either abandons such contest or a final verdict is reached in a court of competent jurisdiction. Any amount advanced on behalf of Tenant shall be paid to Landlord by Tenant within 30 days after such advancement is made together with interest at 9% per annum and such amount shall be considered additional rentals. SECTION 17. EXPENSES OF ENFORCEMENT Tenant, if Landlord is the prevailing party, shall pay upon demand all Landlord’s costs, charges and expenses, including reasonable attorney’s fees, agents fees and fees of others retained by Landlord, incurred in enforcing any of the obligations of Tenant under this Agreement, or in any litigation, negotiation or transaction in which 15 198 of 357 Landlord shall, without Landlord’s fault become involved through or on account of any action or omission of Tenant regarding this Agreement. Landlord, if Tenant is the prevailing party, shall pay upon demand all Tenant’s costs, charges and expenses, including reasonable attorney’s fees, agents fees and fees of others retained by Tenant, incurred in enforcing any of the obligations of Landlord under this Agreement, or in any litigation, negotiation or transaction in which Tenant shall, without Tenant’s fault become involved through or on account of any action or omission of Landlord regarding this Agreement. SECTION 18. EMINENT DOMAIN A. MORE THAN 30 PERCENT TAKEN: If 30 percent or more of the Premises are taken for a public or quasi-public use, this Agreement will terminate as of the date of the physical taking, and the Parties will be released from all further liability. In the event of termination pursuant to this Section, then the entire outstanding amount of the Total Improvement Rebate shall become due and payable, and Landlord shall pay all outstanding amounts with applicable interest, out of the related award proceeds or otherwise, within thirty (30) days of the settling of any award. Landlord shall promptly notify Tenant of any pending or threatened taking and of all related proceedings including the settling of any award. B. LESS THAN 30 PERCENT TAKEN: If the taking affects less than 30 percent of the Premises, the Landlord will, with reasonable diligence, proceed at Landlord’s expense to repair the Premises and place them in tenantable condition within 120 days after the date of the actual physical taking. However, if 25% percent or more of the Premises as a whole is taken, the Landlord may elect to terminate this Agreement, notwithstanding that less than 30 percent of the Premises were taken. In the event of termination pursuant to this Section, then the entire outstanding amount of the Total Improvement Rebate shall become due and payable, and Landlord shall pay all outstanding amounts with applicable interest, out of the related award proceeds or otherwise, within thirty (30) days of the settling of any award. Landlord shall promptly notify Tenant of any pending or threatened taking and of all related proceedings including the settling of any award. C. ABATEMENT OF RENT: During any repair, Tenant will be required to pay only that part of the fixed minimum monthly rental as the area of the tenantable Premises remaining during repairs bears to the entire area leased. On completion of repairs, the fixed minimum monthly rental will be adjusted in proportion to the repaired area, and Tenant will be required to pay the adjusted fixed minimum monthly rental in accordance this Agreement (attributable to the portion of the Premises taken) and the remainder of the fixed minimum monthly rental shall be forever waived and forgiven by Landlord. 16 199 of 357 D. RIGHT TO CONDEMNATION AWARD: Upon any taking of the Premises, whether total or partial, (a) if this Lease is terminated as provided herein, Tenant shall be entitled to receive such portion of the condemnation award (i) as is awarded for the value of the improvements to the Premises at the time of the Taking, or (ii) if not separately awarded, such portion of the condemnation award as the value of the improvements to the Premises taken bears to the aggregate value of the improvements to the Premises and, in addition thereto, Tenant shall have the right to prove in any condemnation proceedings and to receive any separate award which may be made for damages to or condemnation of Tenant’s movable trade fixtures and equipment and for moving expenses; and (b) if this Lease is not terminated, to the extent that Tenant shall restore the Premises pursuant to the provisions of this Article, Landlord shall make available to Tenant so much of the proceeds of such condemnation award equal to the value of the Leasehold Improvements in accordance with the provisions of this Article (but in no event more than the total actual proceeds received by Landlord), it being agreed that the balance of such award, if any, shall be retained by Landlord. SECTION 19. GOVERNMENTAL INTERFERENCE WITH POSSESSION Tenant will not be released from its obligation should its possession of the Premises be interfered with by adoption of any law, ordinance, resolution, regulation or act of any legal or governmental authority. Further, Tenant will not be released by any order of abatement or judgment preventing use of the Premises on the ground that the Premises or the business operated there constitutes a legally recognized nuisance. SECTION 20. PEACEFUL ENJOYMENT Landlord covenants and warrants that it is the owner of the Premises and that Tenant, on payment of rents and performance of the conditions, covenants, and agreements to be performed by it, may enjoy the Premises without interruption or disturbance. Landlord covenants, represents and warrants that there is no mortgage, deed of trust or similar encumbrance affecting the Premises, as of the date hereof. SECTION 21. EFFECT OF WAIVER OF BREACH OF COVENANTS No waiver of any breach of any condition of this Agreement will be construed to be a waiver of any other breach of provision, covenant or condition. SECTION 22. AMENDMENTS TO BE IN WRITING This Agreement may be modified or amended only in writing signed by Landlord and Tenant. It may not be amended or modified by oral agreements between the Parties unless they are in writing duly executed by Landlord and Tenant. SECTION 23. PARTIES BOUND Every provision of this Agreement will bind the parties and their legal representatives. The term “legal representatives” is used in its broadest meaning and includes, in addition to assignees, every person, partnership, corporation or association 17 200 of 357 succeeding to any interest in this Agreement. Every covenant, agreement and condition of this Agreement will be binding on Tenant’s successors and assignees. Any sublease, concession or license agreement will be subject and subordinate to this Lease. SECTION 24. NOTICES All notices or demands that either party may need to serve under this Agreement may be served on the other party either in person, or by mailing a copy by registered or certified mail to the following addresses for the parties (or at such other address as the applicable party may designate in a written notice to the other party): If to the City: with a copy to: with a copy to: City Manager Library Director Corporation Counsel 2100 Ridge Avenue 1703 Orrington Ave. 2100 Ridge Avenue Evanston, IL 60201 Evanston, IL 60201 Evanston, IL 60201 If to Tenant: 2022 Central, LLC with a copy to: Attn: Mitchell Einhorn Webster Powell, P.C. 3310 S. Emerald Ave. 320 W. Ohio St. Chicago, IL 60616 Suite 501 Chicago, IL 60654 Attn: Gretchen Chesley Service will be deemed complete at the time of the hand delivery of notice or within 2 days after mailing. In the event that it appears that Tenant is avoiding the service of any notice and is not present at the Premises for a period of more than 14 consecutive days, notices may be served by posting such notice upon the Premises. Notice shall than be deemed effective 5 days after such posting. SECTION 25. MISCELLANEOUS A. Provisions typed on this Agreement and all exhibits attached to this Agreement and signed by Landlord and Tenant are hereby made a part of this Agreement. B. Tenant shall keep and observe such reasonable rules and regulations now or hereafter required by Landlord, which may be necessary for the proper and orderly care of the building of which the Premises are a part. C. All covenants, promises, representations and agreements herein contained shall be binding upon, apply and inure to the benefit of Landlord and Tenant and their respective heirs, legal representatives, successors and assigns. 18 201 of 357 D. The rights and remedies hereby created are cumulative and the use of one remedy shall not be taken to excuse or waive the right to the use of another. E. The words “Landlord” and “Tenant” wherever used in this Agreement shall be construed to mean Landlords or Tenants in all cases where there is more than one Landlord or Tenant herein; and the necessary grammatical changes shall be assumed in each case as though full expressed. F. This Agreement and any written and signed Amendments and/or Riders hereto shall constitute the entire agreement between the parties, and any oral representations made by one party to the other are considered merged herein. G. In all cases where Landlord’s consent is required, Landlord’s consent shall not be unreasonably withheld. H. This Agreement may be executed in multiple copies, each of which shall constitute an original. SECTION 26. VENUE AND JURISDICTION The Parties agree the this Agreement shall be governed by and interpreted in accordance with the laws of the State of Illinois and that venue for any disputes shall be in the Circuit Court of Cook County, Illinois. SECTION 27. FORCE MAJEURE Other than for Landlord’s and Tenant’s obligations under this Lease that can be performed by the payment of money, whenever a period of time is herein prescribed for action to be taken by either party hereto, such time period will be extended by a period equal to the period of any delays in performance by the applicable party due to any of the following events (“Force Majeure”): (i) Acts of God, (ii) strike or other such labor difficulties not specific to any labor issue existing only at the Premises, (iii) extraordinary weather conditions greatly exceeding norms for the greater metropolitan area where the Premises located, (iv) extraordinary scarcity of or industry-wide inability to obtain supplies, parts or employees to furnish such services, or (v) or any cause whatsoever beyond a party’s control. For purposes of this Section, a cause or event shall not be deemed to be beyond a party's control, if it is within the control of such party's agents, employees or contractors. 19 202 of 357 IN WITNESS WHEREOF, both of said Landlord and Tenant have caused this Agreement to be executed as of the date and year first above written by a duly authorized officer or manager of each of the respective parties. Landlord: THE CITY OF EVANSTON, an Illinois home rule municipal corporation By: __________________________________ Its: City Manager, Wally Bobkiewicz EVANSTON PUBLIC LIBRARY BOARD OF TRUSTEES By: __________________________________ Its: Michael Tannen, President Tenant: 2022 CENTRAL, LLC An Illinois limited liability company By: _________________________________ Its: Mitchell Einhorn, Manager 20 203 of 357 STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) The Undersigned, a Notary Public in and for said County in the State aforesaid, do hereby certify that Wally Bobkiewicz, City Manager of the City of Evanston, personally known to me to be the same person whose name is subscribed to the foregoing instrument as such officer, appeared before me this day in person and acknowledged that he signed and delivered such instrument as his own free and voluntary act, and as the free and voluntary act of the City of Evanston, all for the uses and purposes set forth therein. Given under my hand and notarial seal on ____________, 2014. ___________________________________ Notary Public My Commission Expires: STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) The Undersigned, a Notary Public in and for said County in the State aforesaid, do hereby certify that Michael Tannen, President of the Evanston Public Library Board of Trustees, personally known to me to be the same person whose name is subscribed to the foregoing instrument as such officer, appeared before me this day in person and acknowledged that he signed and delivered such instrument as his own free and voluntary act, and as the free and voluntary act of the Evanston Public Library Board of Trustees, all for the uses and purposes set forth therein. Given under my hand and notarial seal on ____________, 2014. ___________________________________ Notary Public My Commission Expires: 21 204 of 357 STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) The Undersigned, a Notary Public in and for said County in the State aforesaid, do hereby certify that Mitchell Einhorn, sole member of 2022 Central, LLC personally known to me to be the same person whose name is subscribed to the foregoing instrument as such manager, appeared before me this day in person and acknowledged that he signed and delivered such instrument as his own free and voluntary act, and as the free and voluntary act of 2022 Central, LLC, all for the uses and purposes set forth therein. Given under my hand and notarial seal on ____________, 2014. ___________________________________ Notary Public My Commission Expires: 22 205 of 357 EXHIBIT A PREMISES BUILD-OUT 23 206 of 357 For City Council Meeting of November 24, 2014 Item A1 4 Ordinance 140-O-14: Limited Two-Hour Parking on Ewing from Harrison to Central For Action To: Honorable Mayor, Members of the City Council Administration & Public Works Committee From: Martin Lyons, Assistant City Manager/CFO Rickey A. Voss, Parking/Revenue Manager Subject: Ordinance 140-O-14 Amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 10, Schedule X (C): Two-Hour Limited Parking Date: October 29, 2014 Recommended Action: Staff recommends that the City Council adopt Ordinance 140-O-14 amending Title 10, Chapter 11, Section 10, Schedule X (C), by including the east side of Ewing Avenue from Harrison Street to the restricted thirty (30) minute space at Central Street, as limited two-hour parking between the hours of 9 o’clock (9:00) A.M and six o’clock (6:00) P.M., on any day except Sunday and national holidays. This ordinance was introduced at the November 10, 2014 City Council meeting. Funding Source: N/A Summary: Based on concerns expressed by business owners and residents, Alderman Tendam requested the creation of a two-hour limited parking area on the east side of Ewing Avenue from Harrison Street to the first alley north of Central Street, as parking is over populated by employees and other transient workers. The two-hour parking restriction will create parking flexibility for customers who frequent the business district. A parking survey was conducted on May 5th and 6th 2014 from Harrison Street to Central Street, which indicated that the area was impacted with an average occupancy rate of 65% between the hours of nine o’clock (9:00) A.M. and six o’clock (6:00) P.M. There were five (5) two hour periods of 82% - 91% between the hours of twelve o’clock (12:00) P.M. and six o’clock (6:00) P.M. Of the 28 individual license plates recorded, 60% of the vehicles were registered out of the area, 21% were other Evanston residents, 11% were Harrison Street residents and 8% had no record on file to identify ownership. The current residential street sweeping schedule for one-sided streets conducted during the business day will be changed to the four o’clock (4:00) A.M. to seven o’clock (7:00) A.M. schedule on Ewing Avenue, from Harrison Street to Hartzell Street, to coincide with the bi-weekly District 1 Central Street sweeping schedule. Memorandum 207 of 357 Note: The Transportation and Parking Committee did not meet in the month of October to consider this. --------------------------------------------------------------------- Attachment: Ordinance 140-O-14 2 208 of 357 10/29/2014 140-O-14 AN ORDINANCE Amending City Code Section 10-11-10 Limited Parking NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: 10-11-10 of the Evanston City Code of 2012, as amended (“City Code”), is hereby further amended to read as follows: SCHEDULE X (C): Two-Hour Limited Parking: Ewing Avenue East side, Harrison Street to the restricted thirty (30) minute space at Central Street SECTION 2: That the findings and recitals contained herein are declared to be prima facie evidence of the law of the City, and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 3: That all ordinances, or parts thereof, which are in conflict with this amendment are hereby repealed. SECTION 4: That if any provision of this Ordinance 140-O-14, or application thereof to any person or circumstance, is held unconstitutional or otherwise invalid, such invalidity shall not affect the applicability of the other provisions of this Ordinance 140-O-14. 209 of 357 140-O-14 ~2~ SECTION 5: That this Ordinance 140-O-14 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2014 Adopted: ___________________, 201 4 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 210 of 357 For City Council Meeting of November 24, 2014 Item A1 5 Ordinance 141-O-14: Elimination of Residential Permit Parking 800 and 900 Noyes For Action To: Honorable Mayor, Members of the City Council Administration & Public Works Committee From: Martin Lyons, Assistant City Manager/CFO Rickey A. Voss, Parking/Revenue Manager Subject: Ordinance 141-O-14 amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 10, Schedule X (F) 6: Residential Exemption Parking District A. Date: October 29, 2014 Recommended Action: Staff recommends that the City Council adopt Ordinance 141-O-14 amending Title 10, Chapter 11, Section 10, Schedule X (F) 6: Residential Exemption Parking District A. This ordinance was introduced at the November 10, 2014 City Council meeting. Funding Source: N/A Summary: In recent months there has been an increase in business related activity in the 800 and 900 blocks of Noyes Street, which has impacted the limited parking in the area. Currently there are seven (7) parking spaces on the south side of Noyes Street from Sherman Avenue to Noyes Court, which allows two-hour parking but also exempts Residential Parking District ‘A’ subscribers from the two-hour restriction. Staff conducted a five (5) day parking survey from the hours of 8 A.M. to 8 P.M., which began on July 26, 2014, and determined the occupancy and permit use in the area. The survey revealed that the average occupancy rate during the week was 67%, with a peak of 86% during six (6) different two-hour periods. There were only three (3) vehicles identified that presented a valid Residential Parking District ‘A’ permit, and of those only one (1) vehicle was registered to the 800 block of Noyes. This amendment would eliminate the residential permit exemption, as the Code would retain the 2 hour parking restriction. There is adequate parking for Residential Parking District ‘A’ subscribers on Sherman Avenue. Note: The Transportation and Parking Committee did not meet in the month of October to consider this. Attachment: Ordinance 141-O-14 Memorandum 211 of 357 10/29/2014 141-O-14 AN ORDINANCE Amending City Code Section 10-11-10 Limited Parking NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: 10-11-10 of the Evanston City Code of 2012, as amended (“City Code”), is hereby further amended to read as follows: SCHEDULE X (F) 6.: 6. Residential Exemption Parking District A: Noyes Street (Ord. No. 50-0-94) South side, Noyes Court to Sherman Avenue SECTION 2: That the findings and recitals contained herein are declared to be prima facie evidence of the law of the City, and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 3: That all ordinances, or parts thereof, which are in conflict with this amendment is hereby repealed. SECTION 4: That if any provision of this Ordinance 141-O-14, or application thereof to any person or circumstance, is held unconstitutional or otherwise invalid, such invalidity shall not affect the applicability of the other provisions of this Ordinance 141-O-14. 212 of 357 141-O-14 ~2~ SECTION 5: That this Ordinance 141-O-14 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2014 Adopted: ___________________, 201 4 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 213 of 357 PLANNING & DEVELOPMENT COMMITTEE MEETING Monday, November 24, 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 27, 2014 III. ITEMS FOR CONSIDERATION (P1) Ordinance 145-O-14, Granting a Special Use for a Single Family Detached Dwelling at 1513 Greenleaf Street The Zoning Board of Appeals and City staff recommend City Council adoption of Ordinance 145-O-14 granting a special use permit for a single family detached dwelling in the B1 Business District at 1513 Greenleaf Street. The requested special use permit will allow for the rehabilitation of a blighted property in an existing neighborhood business district. The applicant has complied with all zoning requirements, and meets all of the standards for a special use in the B1 Business District. For Introduction (P2) Ordinance 146-O-14, Granting a Special Use for Commercial Indoor Recreation, Barre Code, at 604 Davis Street The Zoning Board of Appeals and City staff recommend City Council adoption of Ordinance 146-O-14 granting a special use permit for Commercial Indoor Recreation, Barre Code, at 604 Davis Street. The requested special use permit will allow a new business within the city that will utilize a currently vacant space in an existing downtown retail district. The applicant has complied with all zoning requirements, and meets all of the standards for a special use in the D2 Downtown Retail Core District. For Introduction 214 of 357 Planning & Development Committee Meeting Agenda Page 2 of 2 November 24, 2014 (P3) Ordinance 147-O-14, Granting a Special Use for a Type 2 Restaurant, Domino’s Pizza, at 911 Foster Street The Zoning Board of Appeals and City staff recommend City Council adoption of Ordinance 147-O-14 granting a special use permit for a Type 2 Restaurant, Domino’s Pizza, in the B1 Business District. The applicant has complied with all zoning requirements, and meets all of the standards for a special use for this district. Suspension of the Rules is requested to permit introduction and action by City Council on November 24, 2014. For Introduction and Action (P4) Ordinance 144-O-14, Zoning Ordinance Text Amendment: Modifications to Central Street Overlay District (oCSC) The Plan Commission and staff recommend City Council adoption of Ordinance 114- O-14 to modify certain portions of Section 6-15-14 Central Street Overlay District (oCSC). For Introduction (P5) Ordinance 120-O-14, Granting a Special Use for a Daycare Center-Child at 1909-1911 Howard Street The Zoning Board of Appeals and City staff recommend City Council adoption of Ordinance 120-O-14 granting a special use permit for a Daycare Center-Child in the C1 Commercial District at 1909-1911 Howard Street. In response to a request at the October 13, 2014 P&D meeting, the applicant has now provided a Letter of Intent outlining the proposed tenant lease that commenced September 1, 2014. For Introduction IV. ITEM FOR DISCUSSION (PD1) Presentation on the Implementation of the West Evanston Plan In May 2007, City Council adopted the West Evanston Master Plan, which covered an area of primarily vacant or underutilized industrial properties, the former Mayfair railroad right-of-way and embankment, and the adjacent Church/Dodge commercial district. Staff will provide a presentation on the steps taken, which include revising the zoning ordinance, making streetscape improvements, and encouraging new businesses and housing development For Discussion V. COMMUNICATIONS VI. ADJOURNMENT 215 of 357 Planning & Development Committee Meeting Minutes of October 27, 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 MEMBERS ABSENT: M. Wynne STAFF PRESENT: M. Masoncup, M. Muenzer, B. Newman, C. Plante PRESIDING OFFICIAL: Ald. Fiske I. DECLARATION OF QUORUM A quorum being present, Chair Rainey called the meeting to order at 7:33 p.m. II. APPROVAL OF REGULAR MEETING MINUTES OF OCTOBER 13, 2014 Ald. Rainey moved approval of the minutes of the October 13, 2014 meeting, seconded by Ald. Wilson. The Committee voted unanimously 6-0 to approve the October 13, 2014 minutes. 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 Ald. Rainey moved to recommend introduction of Ordinance 129-O-14, seconded by Ald. Wilson. The Committee voted unanimously 6-0 to recommend Ordinance 129-O-14 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 DRAFT – NOT APPROVED 216 of 357 Planning & Development Committee Meeting Minutes of October 27, 2014 Page 2 of 2 Ald. Grover moved to recommend introduction of Ordinance 130-O-14, seconded by Ald. Tendam. Beth Wela, business owner, said she has resolved the concerns of Zoning staff by acquiring parking for her employees and deliveries will not be made early in the morning. The Committee voted unanimously 6-0 to introduce Ordinance 130-O-14. (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 Ald. Grover moved to recommend introduction and action of Ordinance 131-O- 14, seconded by Ald. Holmes. The Committee voted unanimously 6-0 for introduction and action of Ordinance 131-O-14. IV. ITEMS FOR DISCUSSION There were no items for discussion. V. COMMUNICATIONS There were no communications. VI. ADJOURNMENT The meeting was adjourned at 7:37 p.m. Respectfully submitted, Bobbie Newman 217 of 357 For City Council meeting of November 24, 2014 Item P1 Ordinance 145-O-14: Special Use for a Single Family Detached Dwelling in the B1 District at 1513 Greenleaf 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 145-O-14, Granting a Special Use for a Single Family Detached Dwelling at 1513 Greenleaf Street Date: November 13, 2014 Recommended Action The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 145- O-14 granting a special use permit for a single family detached dwelling in the B1 Business District at 1513 Greenleaf Street. The requested special use permit will allow for the rehabilitation of a blighted property in an existing neighborhood business district. The applicant has complied with all zoning requirements, and meets all of the standards for a special use in the B1 Business District. Summary 1513 Greenleaf Street is located on the north side of Greenleaf Street, between Florence and Ashland Avenues in the B1 Business District. The surrounding area features some commercial businesses, but the immediately adjacent properties are single-family residences. The applicant proposes to convert this vacant commercial space to a single family detached dwelling. The building on this property has been vacant for years and has fallen into a state of disrepair. The applicant proposes to keep the underlying B1 zoning intact, but convert the commercial space into a single family detached dwelling. The exterior of the building will retain most of the initial commercial design but will integrate residential elements that improve the street-facing façade. The existing three-bay front façade will be renovated with decorative metal screening at each bay that leads to a private, unroofed courtyard within the original building footprint. The applicant also proposes to add a 2-car detached garage and driveway off of the rear alley, and a rear deck. The interior of the Memorandum 218 of 357 existing building will be completely renovated and turned into a modern loft-style residence, where the applicant intends to live on-site with his family. Small business districts such as this one typically feature commercial uses that are needed and convenient for the surrounding residential neighborhood. However, this property has sat vacant for many years, is in severe need of repair, and has not proved marketable as a commercial space. A special use permit for a residence will allow for an adaptive reuse of a property, while keeping the underlying commercial zoning so that a commercial use could one day occupy the building again. Neighborhood Benefit This use should not cause a negative cumulative effect on the surrounding neighborhood. The neighborhood will benefit from having a distinctive, single family dwelling that will enhance the neighborhood and utilize a vacant, blighted property. Comprehensive Plan The Evanston Comprehensive General Plan encourages the redevelopment and adaptive reuse of vacant buildings. The Comprehensive General Plan specifically includes: Objective: Maintain the appealing character of Evanston’s neighborhoods while guiding their change. Objective: Recognize the effect of housing on the quality of neighborhoods. Objective: Recognize the benefits of mixing residential, commercial, and institutional uses in neighborhoods. A single family detached dwelling will utilize a vacant storefront and positively impact the surrounding neighborhood with the redevelopment of a blighted property that is in severe disrepair. Legislative History November 4, 2014: The ZBA recommended unanimous approval of the special use permit with the following conditions: 1. Parkway must be returned to grass. 2. Engineering must review stormwater management/drainage plans during the permit review process. 3. The project must be in substantial compliance of the documents and testimony on record. Attachments Proposed Ordinance 145-O-14 November 4, 2014 ZBA Meeting Minutes ZBA Findings Letter of Opposition November 4, 2014 ZBA Packet 219 of 357 11/11/2014 145-O-14 AN ORDINANCE Granting a Special Use Permit for a Single Family Detached Dwelling at 1513 Greenleaf Street in the B1 Business District WHEREAS, the Zoning Board of Appeals (“ZBA”) met on November 4, 2014, pursuant to proper notice, to consider case no. 14ZMJV-0136, an application filed by Larry Rosenbaum, contract purchaser of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 1513 Greenleaf Street (the “Subject Property”) and located in the B1 Business District, for a Special Use Permit to establish, pursuant to Subsection 6-9-2-3 of the Evanston City Code, 2012, as amended (“the Zoning Ordinance”), a Single Family Detached Dwelling 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 Single Family Detached Dwelling 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 November 24, 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-0136; and WHEREAS, at its meetings of November 24, 2014 and December 8, 2014, the City Council considered and adopted the respective records, findings, and recommendations of the ZBA and P&D Committee, as amended, 220 of 357 145-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 found as fact and incorporated herein by reference. SECTION 2: The City Council hereby approves the Special Use Permit for a Single Family Detached Dwelling on the Subject Property as applied for in case no. 14ZMJV-0136. 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. Parkway: The Applicant agrees to remove the concrete in the parkway located between the Subject Property and the curb adjacent to Greenleaf Street, and subsequently return said area to grass. C. On-Site Stormwater Management: The Applicant agrees to obtain approval from the City Engineer with any and all on-site stormwater management. D. 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. 221 of 357 145-O-14 ~3~ 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. 222 of 357 145-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 223 of 357 145-O-14 ~5~ EXHIBIT A LEGAL DESCRIPTION LOT 4 IN BLOCK 4 IN PITNER’S ADDITION TO EVANSTON IN THE NORTHEAST ¼ OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN AND THE NORTHWEST ¼ OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS. PINs: 10-24-211-021-0000 COMMONLY KNOWN AS: 1513 Greenleaf Street, Evanston, Illinois. 224 of 357 Page 1 of 6 Zoning Board of Appeals DRAFT NOT APPROVED MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, November 4, 2014 7:00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Matt Rodgers, Violetta Cullen, Mary Beth Berns, Andrew Gallimore Members Absent: Beth McLennan, Scott Gingold, Myrna Arevalo 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 October 21, 2014 Zoning Board of Appeals meeting were motioned for approval. Ms. Cullen made the motion and it was seconded by Ms. Berns. The motion was approved 3-0, 1 member abstained. New Business 1513 Greenleaf Street ZBA 14ZMJV-0136 Larry Rosenbaum, contract purchaser, applies for a special use permit for a Single Family Detached Dwelling at 1513 Greenleaf Street. 1513 Greenleaf Street is located in the B1 Business District, which requires a special use permit for a Single Family Detached Dwelling (Zoning Code Section 6-9-2-3). 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. She went on to clarify that they chose to pursue a special use permit as opposed to the option of rezoning for this case. Bernard Citron, attorney, Larry Rosenbaum, applicant, and Vladimir Rudutny, architect explained the proposal: • Prefer to pursue special use instead of rezoning to keep the underlying B1 Business District intact and avoid spot zoning • Owner needs a 1-story residence for medical reasons • Building hasn’t held a business in over 5 years • Many 1 & 2-Family residences are on this block within the B1 Business District • Building footprint will be maintained, while 2-car detached garage, driveway, and deck will be added • New, interior courtyard will be located at front of building to increase light and air to the residence while maintaining the zero front setback • Front façade will maintain the 3 bays, but with metal screens • Exact screening hasn’t been chosen, but it will be re-reviewed by SPAARC in building permit process. Ms. Berns asked if a large storage area will be located in the garage, which Mr. Citron confirmed and explained that the residence does not feature much storage space and does not have a basement. The garage will not have plumbing or heating that could be used as a residence or anything other than storage. 225 of 357 Page 2 of 6 Zoning Board of Appeals Chair Rodgers asked how drainage will be addressed. Mr. Citron responded that the shed is being decreased to a size of 300 ft2, but they are adding 300 ft2 of deck and 450 ft2 for the garage. Ms. Berns asked if there were any requirement for building lot coverage or impervious surface coverage. Ms. Klotz answered that B1 Business District does not have a building lot coverage or impervious surface coverage, but on-site storm water detention has been done. This project does not utilize the maximum 1.0 FAR allowed. Ms. Klotz went on to say that staff prefers to maintain the underlying zoning to keep the business district intact so as to retain the possibility of reversion to business use in the future. The ZBA entered into deliberations. Ms. Berns stated that she would prefer if setbacks of things, like decks, were treated as if they were residential. Overall, she thinks this is a great project. She did note concerns about the front screening appearing jail-like. Chair Rodgers stated that he liked the proposal to remove concrete at the front of the building. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Ms. Berns motioned to recommend approval of the proposal with the following conditions: • Parkway must be returned to grass. • Engineering is to approve drainage. • 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. 156 Asbury Avenue ZBA 14ZMJV-0137 Ranee Viravakin, co-property owner, appeals the Zoning Administrator’s decision to deny zoning relief (case number 14ZMNV-0114) from Section 6-4-6-7-F-3 of the Zoning Ordinance that states the maximum fence height in a required front yard and street side yard is 4’. The applicant applied for zoning relief to construct a 6’ solid wood fence in the required front yard and street side yard. The applicant was granted relief from Section 6-4-6-7-F-2-a-1 to permit a fence in the front yard (Asbury Avenue) and Section 6-4-6-7-F-2-b-1 to permit a fence in a street side yard (Brummel Street). The applicant was denied relief from Section 6-4-6-7-F-2-a-2 to permit a fence exceeding 70% opacity in the front yard, Section 6-4-6-7-F-2-b-2 to permit a fence exceeding 70% opacity in the street side yard, and Section 6-4-6-7-F-3 to permit a fence height exceeding 4’ in the front or street side yard. The fence variance was partially granted to allow a 4’ metal fence in the front and street side yard not exceeding 70% opacity. The applicant now requests a 6’ metal wrought-iron style fence not exceeding 70% opacity in the front and street side yard. The Zoning Board of Appeals is the determining body for this case. Ms. Klotz read the case into the record. 226 of 357 Page 3 of 6 Zoning Board of Appeals Ranee Viravakin, co- property owner, and Dan Sullivan, co-property owner, explained the proposal: • Wanted 6’ metal fence to catch flying garbage from Evanston and Chicago • Has previously been cited by the City for garbage in the yard • Garbage clean-up needs to occur 2-3 times per week Ms. Klotz clarified that the only appeal request is the height of the fence. Chair Rodgers asked if any of the businesses nearby were being held to the Litter Collection Plan, to which Ms. Klotz said she was not aware of any. Chair Rodgers stated that garbage will still have to be picked up along the fence. At any fence height, garbage will still blow over it. The ZBA entered into deliberations. Chair Rodgers stated that he would prefer a 4’ fence with fewer gaps to promote more opacity. Ms. Berns said that a 6’ height is a detriment. She would prefer the fence to be a foot off the property line, so that it is not at the sidewalk, to which Ms. Cullen agreed. Chair Rodgers noted that the proposed fence is at 70% opacity. Ms. Berns stated that 50% is a better opacity to collect garbage. Chair Rodgers stated that there seemed to be a general consensus for a 4’ fence with 50% opacity. The Standards were addressed for a 4’ wrought iron fence with 50% opacity: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes Mr. Gallimore motioned to recommend approval of the proposal with the following conditions: • Fence is 4’h of wrought-iron style with 50% opacity. The motion was seconded by Ms. Berns and approved 4-0. 604 Davis Street ZBA 14ZMJV-0138 Andrew J. Spatz, property owner, applies for a special use permit for a Commercial Indoor Recreation facility, The Barre Code, at 604 Davis Street. 604 Davis Street is located in the D2 Downtown Retail Core District, which requires a special use permit for a Commercial Indoor Recreation facility 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. Andrew J. Spatz, property owner, explained the proposal: • Front 31% of space designated for retail • Back 69% of space designated for dancing • 14 person, dance-exercise studio • As property owner, very concerned about noise traveling to neighboring spaces • Did extensive sound testing, and plan to add a sound insulated room within the space 227 of 357 Page 4 of 6 Zoning Board of Appeals • No food or beverages sold on site • No operable windows. Door is weather stripped • Intend to use best acoustic material possible • Hours of operation: Monday-Saturday 6 a.m.- 6 p.m., and closed on Sundays • 2 employees, 3-4 classes per day • 2 parking spaces dedicated to this use on site (7 spaces total) Chair Rodgers acknowledged the letter submitted regarding dumpster location, but noted it is not pertinent to the special use. The ZBA entered into deliberations. Ms. Berns stated that she was nervous about loud uses, but is fine with the architectural plans and soundproofing. Chair Rodgers noted that proactive measures have been taken to lessen noise and not create a nuisance for neighbors. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Ms. Cullen motioned to recommend approval of the proposal with the following conditions: • Hours of operation between 6 a.m. and 10 p.m. • Employees cannot park on the street. • The project must be in substantial compliance of the documents and testimony on record. The motion was seconded by Mr. Gallimore and approved 4-0. 911 Foster Street ZBA 14ZMJV-0139 Marr Chicago Pizza Inc., lessee, applies for a special use permit for a Type 2 Restaurant, Domino’s Pizza, at 911 Foster Street. 911 Foster Street is located in the B1 Business District, which requires a special use permit for a Type 2 Restaurant to operate (Zoning Code Section 6- 9-2-3). 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. Matthew Zia and Ray Sariajay, Domino’s representatives, explained the proposal: • Propose to open a Domino’s Pizza • Hood vent will be installed through the roof • Predominantly carryout service, but will provide some indoor seating with new concept of “Pizza Theater”, where you can watch pizza being made • Approximately 20 seats or less • Hours of Operation: Sunday-Thursday 10 a.m. to 1 a.m., and Friday-Saturday 10 a.m. to 2 a.m. • Understand that the City prefers that they close at midnight Sunday-Thursday, and at 1 a.m. Friday-Saturday 228 of 357 Page 5 of 6 Zoning Board of Appeals • Deliveries to occur by bicycle as well Ms. Berns inquired why they would not locate in a downtown area if they wanted to stay open later, to which Mr. Zia responded that they wanted to serve customers within a neighborhood area and they need parking for delivery drivers. He went on to say that 3-5 employees will be working per shift and 3 parking spaces will be dedicated to Domino’s. Ms. Berns asked if a good neighbor plan was in place for those that share the alleyway, which Mr. Zia confirmed and explained that drivers have had extensive training and adhere to safety practices. He went on to say that deliveries will occur twice a week and take approximately 15- 20 minutes. Deliveries will probably occur somewhere between 2 a.m. and 6 a.m. via semi truck. The truck will not be able to turn into the alley or clear the CTA. They don’t want deliveries to disturb neighbors on the alley overnight, so they would prefer for deliveries to occur on Foster Street. Ms. Berns asked when the nearby daycare opens, to which Ms. Cullen answered, 7 a.m. along with the dance studio. Mr. Zia explained that pizza deliveries will be slow until about 4 p.m. due to the university being a large source of business. Otherwise, they anticipate 1 delivery out every ten minutes or so. Ms. Berns asked if delivery drivers could use the parking lot across the street, to which Mr. Zia said yes, especially during the rush. He went on to say that he would also comply with the Litter Collection Plan. Chair Rodgers clarified that there would be no alcohol service at this establishment. Mr. Zia noted that windows will not be blacked out. Bob Tootelian, 2001 Maple Avenue, stated that he would like to see more business on Foster Street, but is concerned about noise from overnight deliveries. He also felt that parking right in front of the business location should not be allowed for delivery drivers to run in. He is not objecting to or supporting this case. Alderman Holmes stated that people are concerned about parking. If deliveries park in front of the business, they will get tickets. She supports overnight deliveries, but is also concerned about noise in the area in general. Mr. Zia stated that the revitalization of this area is one of his aims and asked that deliveries could possibly be made up to 2 a.m. Ms. Berns clarified that she meant delivery drivers in the lot across from the street, not in the street. Mr. Zia noted that the delivery time could be adjusted and they could turn off the truck compressor during deliveries. The ZBA entered into deliberations. Chair Rodgers stated that the bike delivery is great and this area is in need of revitalization. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 229 of 357 Page 6 of 6 Zoning Board of Appeals 6. Yes 7. Yes 8. Yes 9. Yes Ms. Cullen motioned to recommend approval of the proposal with the following conditions: • Litter Collection and Garbage Plan • Hours of Operation between 10 a.m. and midnight, Sunday-Thursday and 10 a.m. to 1 a.m., Friday-Saturday. Deliveries can occur up to 2 a.m. Friday-Saturday. • Commissary deliveries occur from 4 a.m. to 6 a.m. on Foster Street and compressor and engine must be turned off. • Employees may not park on the street. • Applicant coordinates with Northwestern University to use parking lot across the street after 4 p.m. if possible. • 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 passed out a draft of ZBA rules consisting mostly of grammatical changes, but some policy changes as well. These will be discussed at the next meeting. The meeting adjourned at 9:35 p.m. 230 of 357 P LANNING AND Z ONING D IVISION  847‐866‐2930       |  zoning@cityofevanston.org  Community Development Department  847‐448‐8126 à   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 November 4, 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 6-9-2-3 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-0136 Address or Location: 1513 Greenleaf Street Applicant: Larry Rosenbaum Proposed Special Use: Single Family Detached Dwelling, in B1 District 231 of 357 P LANNING AND Z ONING D IVISION  847‐866‐2930       |  zoning@cityofevanston.org  Community Development Department  847‐448‐8126 à   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. Parkway must be returned to grass. 2. Engineering is to approve drainage. 3. 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 232 of 357 P LANNING AND Z ONING D IVISION  847‐866‐2930       |  zoning@cityofevanston.org  Community Development Department  847‐448‐8126 à   www.cityofevanston.org/zoning     2100 Ridge Ave., Rm. 3700  Evanston, IL 60201       Attending: Vote: Aye No ___X__ Mary Beth Berns __X__ ____ _______ Myrna Arevalo _____ ____ _______ Scott Gingold _____ ____ _______ Beth McLennan _____ ____ ___X___ Matt Rodgers __X__ ____ ___X___ Violetta Cullen __X__ ____ ___X___ Andrew Gallimore __X__ ____ 233 of 357 234 of 357 235 of 357 For City Council meeting of November 24, 2014 Item P2 Ordinance 146-O-14: Special Use for Commercial Indoor Recreation Facility, Barre Code, at 604 Davis 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 146-O-14, Granting a Special Use for Commercial Indoor Recreation, Barre Code, at 604 Davis Street Date: November 13, 2014 Recommended Action The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 146- O-14 granting a special use permit for Commercial Indoor Recreation, Barre Code, at 604 Davis Street. The requested special use permit will allow a new business within the City that will utilize a currently vacant space in an existing downtown retail district. The applicant has complied with all zoning requirements, and meets all of the standards for a special use in the D2 Downtown Retail Core District. Summary 604 Davis Street is located on the south side of Davis Street, just west of Chicago Avenue in the D2 Downtown Retail Core District. The surrounding area features similar commercial uses in all directions. The building is in good condition, and features a ground floor commercial space with a second story above. Barre Code will operate women’s fitness classes with amplified “motivational” dance music in a 1,500 square foot space from 6 a.m. to 6 p.m. Three to four classes of approximately 14 people will occur Monday through Saturday. The front 30% of the space will feature retail merchandise associated with the fitness center. Four on-site parking spaces are available at the rear of the property via the alley, dedicated for employees of Barre Code. The applicant is also the property owner, and plans to extensively sound proof the space to ensure the residential units above and neighboring commercial spaces are not disrupted by noise. Sound proofing will be Memorandum 236 of 357 done by creating a shell within the space that is offset from the structural walls and ceiling. Damping compound will then be inserted between the structural walls/ceiling and the shell. The expected cost of the sound proofing totals $25,000. There are no operable windows in the space, so noise should not travel outside of the building. No exterior changes to the building are proposed other than signage. City staff has received one letter of concern from a neighboring property owner, though the reason for the letter is due to the location the waste management company places the dumpster in the alley following garbage pickup. 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 utilize a vacant storefront and promote pedestrian activity in the downtown. The special use would also allow a new business to provide fitness and training classes, bettering the quality of life for patrons of the establishment. Comprehensive Plan The Evanston Comprehensive General Plan encourages the redevelopment and adaptive reuse of vacant buildings that can add sales tax revenue for the City and services for neighboring residents. The Comprehensive General Plan specifically includes: Objective: Retain and attract businesses in order to strengthen Evanston’s economic base. Objective: Promote the growth and redevelopment of business, commercial, and industrial areas. Objective: Recognize the benefits of mixing residential, commercial, and institutional uses in neighborhoods. Barre Code will utilize a vacant storefront and will diversify the services and opportunities offered in Evanston while enhancing the surrounding neighborhood. Legislative History November 4, 2014: The ZBA recommended unanimous approval of the special use permit with the following conditions: 1. Hours of operation between 6 a.m. and 10 p.m. 2. Employees cannot park on the street. 3. The project must be in substantial compliance of the documents and testimony on record. Attachments Proposed Ordinance 146-O-14 November 4, 2014 ZBA Draft Meeting Minutes ZBA Findings Letter of Concern ZBA Packet – November 4, 2014 237 of 357 11/7/2014 146-O-14 AN ORDINANCE Granting a Special Use Permit for a Commercial Indoor Recreational Facility Located at 604 Davis Street in the D2 Downtown Retail Core District (“The Barre Code”) WHEREAS, the Zoning Board of Appeals (“ZBA”) met on November 4, 2014, pursuant to proper notice, to consider case no. 14ZMJV-0138, an application filed by Andrew J. Spatz, owner of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 604 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 Commercial Indoor Recreational Facility, “The Barre Code,” 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 Commercial Indoor Recreational Facility 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 November 24, 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-0138; and 238 of 357 146-O-14 ~2~ WHEREAS, at its meetings of November 24, 2014 and December 8, 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 Commercial Indoor Recreational Facility on the Subject Property as applied for in case no. 14ZMJV-0138. 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. Hours of Operation: The Applicant shall operate the Commercial Indoor Recreational Facility authorized by this ordinance only between the hours of 6:00 a.m. and 10:00 p.m. on any given day. C. Employee Parking: Employees shall not park on the street during hours of operation. D. 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. 239 of 357 146-O-14 ~3~ 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. Introduced:_________________, 2014 Adopted:___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 240 of 357 146-O-14 ~4~ EXHIBIT A LEGAL DESCRIPTION LOTS 3 AND 4 IN COSGROVE’S SUBDIVISION OF LOTS 1 AND 2 IN BLOCK 27 IN THE VILLAGE (NOW CITY) OF EVANSTON, IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PINs: 11-18-312-008-0000 COMMONLY KNOWN AS: 604 Davis Street, Evanston, Illinois. 241 of 357 Page 1 of 6 Zoning Board of Appeals DRAFT NOT APPROVED MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, November 4, 2014 7:00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Matt Rodgers, Violetta Cullen, Mary Beth Berns, Andrew Gallimore Members Absent: Beth McLennan, Scott Gingold, Myrna Arevalo 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 October 21, 2014 Zoning Board of Appeals meeting were motioned for approval. Ms. Cullen made the motion and it was seconded by Ms. Berns. The motion was approved 3-0, 1 member abstained. New Business 1513 Greenleaf Street ZBA 14ZMJV-0136 Larry Rosenbaum, contract purchaser, applies for a special use permit for a Single Family Detached Dwelling at 1513 Greenleaf Street. 1513 Greenleaf Street is located in the B1 Business District, which requires a special use permit for a Single Family Detached Dwelling (Zoning Code Section 6-9-2-3). 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. She went on to clarify that they chose to pursue a special use permit as opposed to the option of rezoning for this case. Bernard Citron, attorney, Larry Rosenbaum, applicant, and Vladimir Rudutny, architect explained the proposal: • Prefer to pursue special use instead of rezoning to keep the underlying B1 Business District intact and avoid spot zoning • Owner needs a 1-story residence for medical reasons • Building hasn’t held a business in over 5 years • Many 1 & 2-Family residences are on this block within the B1 Business District • Building footprint will be maintained, while 2-car detached garage, driveway, and deck will be added • New, interior courtyard will be located at front of building to increase light and air to the residence while maintaining the zero front setback • Front façade will maintain the 3 bays, but with metal screens • Exact screening hasn’t been chosen, but it will be re-reviewed by SPAARC in building permit process. Ms. Berns asked if a large storage area will be located in the garage, which Mr. Citron confirmed and explained that the residence does not feature much storage space and does not have a basement. The garage will not have plumbing or heating that could be used as a residence or anything other than storage. 242 of 357 Page 2 of 6 Zoning Board of Appeals Chair Rodgers asked how drainage will be addressed. Mr. Citron responded that the shed is being decreased to a size of 300 ft2, but they are adding 300 ft2 of deck and 450 ft2 for the garage. Ms. Berns asked if there were any requirement for building lot coverage or impervious surface coverage. Ms. Klotz answered that B1 Business District does not have a building lot coverage or impervious surface coverage, but on-site storm water detention has been done. This project does not utilize the maximum 1.0 FAR allowed. Ms. Klotz went on to say that staff prefers to maintain the underlying zoning to keep the business district intact so as to retain the possibility of reversion to business use in the future. The ZBA entered into deliberations. Ms. Berns stated that she would prefer if setbacks of things, like decks, were treated as if they were residential. Overall, she thinks this is a great project. She did note concerns about the front screening appearing jail-like. Chair Rodgers stated that he liked the proposal to remove concrete at the front of the building. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Ms. Berns motioned to recommend approval of the proposal with the following conditions: • Parkway must be returned to grass. • Engineering is to approve drainage. • 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. 156 Asbury Avenue ZBA 14ZMJV-0137 Ranee Viravakin, co-property owner, appeals the Zoning Administrator’s decision to deny zoning relief (case number 14ZMNV-0114) from Section 6-4-6-7-F-3 of the Zoning Ordinance that states the maximum fence height in a required front yard and street side yard is 4’. The applicant applied for zoning relief to construct a 6’ solid wood fence in the required front yard and street side yard. The applicant was granted relief from Section 6-4-6-7-F-2-a-1 to permit a fence in the front yard (Asbury Avenue) and Section 6-4-6-7-F-2-b-1 to permit a fence in a street side yard (Brummel Street). The applicant was denied relief from Section 6-4-6-7-F-2-a-2 to permit a fence exceeding 70% opacity in the front yard, Section 6-4-6-7-F-2-b-2 to permit a fence exceeding 70% opacity in the street side yard, and Section 6-4-6-7-F-3 to permit a fence height exceeding 4’ in the front or street side yard. The fence variance was partially granted to allow a 4’ metal fence in the front and street side yard not exceeding 70% opacity. The applicant now requests a 6’ metal wrought-iron style fence not exceeding 70% opacity in the front and street side yard. The Zoning Board of Appeals is the determining body for this case. Ms. Klotz read the case into the record. 243 of 357 Page 3 of 6 Zoning Board of Appeals Ranee Viravakin, co- property owner, and Dan Sullivan, co-property owner, explained the proposal: • Wanted 6’ metal fence to catch flying garbage from Evanston and Chicago • Has previously been cited by the City for garbage in the yard • Garbage clean-up needs to occur 2-3 times per week Ms. Klotz clarified that the only appeal request is the height of the fence. Chair Rodgers asked if any of the businesses nearby were being held to the Litter Collection Plan, to which Ms. Klotz said she was not aware of any. Chair Rodgers stated that garbage will still have to be picked up along the fence. At any fence height, garbage will still blow over it. The ZBA entered into deliberations. Chair Rodgers stated that he would prefer a 4’ fence with fewer gaps to promote more opacity. Ms. Berns said that a 6’ height is a detriment. She would prefer the fence to be a foot off the property line, so that it is not at the sidewalk, to which Ms. Cullen agreed. Chair Rodgers noted that the proposed fence is at 70% opacity. Ms. Berns stated that 50% is a better opacity to collect garbage. Chair Rodgers stated that there seemed to be a general consensus for a 4’ fence with 50% opacity. The Standards were addressed for a 4’ wrought iron fence with 50% opacity: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes Mr. Gallimore motioned to recommend approval of the proposal with the following conditions: • Fence is 4’h of wrought-iron style with 50% opacity. The motion was seconded by Ms. Berns and approved 4-0. 604 Davis Street ZBA 14ZMJV-0138 Andrew J. Spatz, property owner, applies for a special use permit for a Commercial Indoor Recreation facility, The Barre Code, at 604 Davis Street. 604 Davis Street is located in the D2 Downtown Retail Core District, which requires a special use permit for a Commercial Indoor Recreation facility 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. Andrew J. Spatz, property owner, explained the proposal: • Front 31% of space designated for retail • Back 69% of space designated for dancing • 14 person, dance-exercise studio • As property owner, very concerned about noise traveling to neighboring spaces • Did extensive sound testing, and plan to add a sound insulated room within the space 244 of 357 Page 4 of 6 Zoning Board of Appeals • No food or beverages sold on site • No operable windows. Door is weather stripped • Intend to use best acoustic material possible • Hours of operation: Monday-Saturday 6 a.m.- 6 p.m., and closed on Sundays • 2 employees, 3-4 classes per day • 2 parking spaces dedicated to this use on site (7 spaces total) Chair Rodgers acknowledged the letter submitted regarding dumpster location, but noted it is not pertinent to the special use. The ZBA entered into deliberations. Ms. Berns stated that she was nervous about loud uses, but is fine with the architectural plans and soundproofing. Chair Rodgers noted that proactive measures have been taken to lessen noise and not create a nuisance for neighbors. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Ms. Cullen motioned to recommend approval of the proposal with the following conditions: • Hours of operation between 6 a.m. and 10 p.m. • Employees cannot park on the street. • The project must be in substantial compliance of the documents and testimony on record. The motion was seconded by Mr. Gallimore and approved 4-0. 911 Foster Street ZBA 14ZMJV-0139 Marr Chicago Pizza Inc., lessee, applies for a special use permit for a Type 2 Restaurant, Domino’s Pizza, at 911 Foster Street. 911 Foster Street is located in the B1 Business District, which requires a special use permit for a Type 2 Restaurant to operate (Zoning Code Section 6- 9-2-3). 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. Matthew Zia and Ray Sariajay, Domino’s representatives, explained the proposal: • Propose to open a Domino’s Pizza • Hood vent will be installed through the roof • Predominantly carryout service, but will provide some indoor seating with new concept of “Pizza Theater”, where you can watch pizza being made • Approximately 20 seats or less • Hours of Operation: Sunday-Thursday 10 a.m. to 1 a.m., and Friday-Saturday 10 a.m. to 2 a.m. • Understand that the City prefers that they close at midnight Sunday-Thursday, and at 1 a.m. Friday-Saturday 245 of 357 Page 5 of 6 Zoning Board of Appeals • Deliveries to occur by bicycle as well Ms. Berns inquired why they would not locate in a downtown area if they wanted to stay open later, to which Mr. Zia responded that they wanted to serve customers within a neighborhood area and they need parking for delivery drivers. He went on to say that 3-5 employees will be working per shift and 3 parking spaces will be dedicated to Domino’s. Ms. Berns asked if a good neighbor plan was in place for those that share the alleyway, which Mr. Zia confirmed and explained that drivers have had extensive training and adhere to safety practices. He went on to say that deliveries will occur twice a week and take approximately 15- 20 minutes. Deliveries will probably occur somewhere between 2 a.m. and 6 a.m. via semi truck. The truck will not be able to turn into the alley or clear the CTA. They don’t want deliveries to disturb neighbors on the alley overnight, so they would prefer for deliveries to occur on Foster Street. Ms. Berns asked when the nearby daycare opens, to which Ms. Cullen answered, 7 a.m. along with the dance studio. Mr. Zia explained that pizza deliveries will be slow until about 4 p.m. due to the university being a large source of business. Otherwise, they anticipate 1 delivery out every ten minutes or so. Ms. Berns asked if delivery drivers could use the parking lot across the street, to which Mr. Zia said yes, especially during the rush. He went on to say that he would also comply with the Litter Collection Plan. Chair Rodgers clarified that there would be no alcohol service at this establishment. Mr. Zia noted that windows will not be blacked out. Bob Tootelian, 2001 Maple Avenue, stated that he would like to see more business on Foster Street, but is concerned about noise from overnight deliveries. He also felt that parking right in front of the business location should not be allowed for delivery drivers to run in. He is not objecting to or supporting this case. Alderman Holmes stated that people are concerned about parking. If deliveries park in front of the business, they will get tickets. She supports overnight deliveries, but is also concerned about noise in the area in general. Mr. Zia stated that the revitalization of this area is one of his aims and asked that deliveries could possibly be made up to 2 a.m. Ms. Berns clarified that she meant delivery drivers in the lot across from the street, not in the street. Mr. Zia noted that the delivery time could be adjusted and they could turn off the truck compressor during deliveries. The ZBA entered into deliberations. Chair Rodgers stated that the bike delivery is great and this area is in need of revitalization. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 246 of 357 Page 6 of 6 Zoning Board of Appeals 6. Yes 7. Yes 8. Yes 9. Yes Ms. Cullen motioned to recommend approval of the proposal with the following conditions: • Litter Collection and Garbage Plan • Hours of Operation between 10 a.m. and midnight, Sunday-Thursday and 10 a.m. to 1 a.m., Friday-Saturday. Deliveries can occur up to 2 a.m. Friday-Saturday. • Commissary deliveries occur from 4 a.m. to 6 a.m. on Foster Street and compressor and engine must be turned off. • Employees may not park on the street. • Applicant coordinates with Northwestern University to use parking lot across the street after 4 p.m. if possible. • 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 passed out a draft of ZBA rules consisting mostly of grammatical changes, but some policy changes as well. These will be discussed at the next meeting. The meeting adjourned at 9:35 p.m. 247 of 357     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 November 4, 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 (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 Case Number: 14ZMJV-0138 Address or Location: 604 Davis Street Applicant: Andrew Spatz Proposed Special Use: Commercial Indoor Recreation Facility, The Barre Code 248 of 357     (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. Hours of operation between 6 a.m. and 10 p.m. 2. Employees cannot park on the street. 3. 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 Attending: Vote: Aye No ___X___ Mary Beth Berns __X__ ____ _______ Clara Wineberg _ __ ____ _______ Scott Gingold _____ ____ _______ Beth McLennan _____ ____ ___X___ Matt Rodgers __X__ ____ ___X___ Violetta Cullen __X__ ____ ___X___ Andrew Gallimore __X__ ____ 249 of 357 250 of 357 251 of 357 252 of 357 253 of 357 254 of 357 255 of 357 For City Council meeting of November 24, 2014 Item P3 Ordinance 147-O-14: Special Use for a Type 2 Restaurant, Domino’s Pizza, at 911 Foster Street For Introduction & 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 147-O-14, Granting a Special Use for a Type 2 Restaurant, Domino’s Pizza, at 911 Foster Street Date: November 13, 2014 Recommended Action The Zoning Board of Appeals and City staff recommend adoption of Ordinance 147-O- 14 granting a special use permit for a Type 2 Restaurant, Domino’s Pizza, in the B1 Business District. The applicant has complied with all zoning requirements, and meets all of the standards for a special use for this district. Suspension of the Rules is requested to permit introduction and action by City Council on November 24, 2014 Summary 911 Foster Street is located on the north side of Foster Street, between Maple and Sherman Avenues in a B1 Business District, and is surrounded by similar commercial uses as well as a myriad of residential and university uses. The applicant proposes to operate Domino’s Pizza, a Type 2 Restaurant, featuring a new restaurant model known as a “pizza theater” that displays all food prep so that customers are able to watch their order as it is created. The restaurant will feature seating for 17 patrons and a party room for occasional use, but anticipates the majority of orders will be carry-out or delivery. Domino’s Pizza intends to use bicycles as one way of delivering pizzas to lessen the impact on the neighboring residential area and promote sustainable green practices. The rear parking lot, which is accessible via the alley, has four parking spaces dedicated for Domino’s use. The applicant anticipates utilizing a maximum of four delivery vehicles and three bicycles during peak hours. The applicant is working with Northwestern University to use the university parking lot on the south side of Foster Street for delivery drivers after 4 p.m. when the lot is otherwise underutilized. Pizza Memorandum 256 of 357 delivery vehicles and employee vehicles will not park on Foster Street. Commissary deliveries to the restaurant will only occur between 4am – 6am, and will occur via Foster Street rather than the alley to lessen any impact on the adjacent residential area. Commissary deliveries will turn off truck engines and compressor units to further lessen any impact due to noise during deliveries. Domino’s Pizza intends to operate from 10 a.m. to 12 a.m., Sunday-Thursday, and 10 a.m. to 1 a.m., Friday-Saturday with deliveries allowed until 2 a.m. on Fridays and Saturdays. Alcohol will not be served on the premises. Minor façade improvements are proposed, including window trim and signage. The applicant has agreed to follow the Litter Collection and Garbage Pickup Plans. Neighborhood Benefit The neighborhood will benefit from having a well -established, global business that will enhance the business district by occupying a currently underutilized commercial space, and help revitalize an area in need of development. Comprehensive Plan The Evanston Comprehensive General Plan encourages the use of existing spaces along existing commercial corridors that can add sales tax revenue and encourage vibrant business districts. The Comprehensive Plan specifically includes: Objective: Promote the growth and redevelopment of business, commercial, and industrial areas. Objective: Retain and attract businesses in order to strengthen Evanston’s economic base. Domino’s Pizza will further revitalize this area by bringing foot traffic to the area, which will in turn encourage more businesses to move to this area. Legislative History November 4, 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. Hours of Operation between 10 a.m. and midnight, Sunday-Thursday and 10 a.m. to 1 a.m., Friday-Saturday. Deliveries can occur up to 2 a.m. Friday-Saturday. 3. Commissary deliveries to the restaurant shall occur from 4 a.m. to 6 a.m. on Foster Street and compressor and engine must be turned off. 4. Employees may not park on the street. 5. Applicant should coordinate with Northwestern University to use parking lot across the street after 4 p.m. if possible. 6. The project must be in substantial compliance of the documents and testimony on record. 257 of 357 Attachments Proposed Ordinance 147-O-14 November 4, 2014 ZBA Draft Meeting Minutes ZBA Findings Updated Application Letter of Opposition November 4, 2014 ZBA Packet - http://www.cityofevanston.org/assets/ZBA%20Packet%2011.04.14.pdf 258 of 357 11/7/2014 147-O-14 AN ORDINANCE Granting a Special Use Permit for a Type 2 Restaurant Located at 911 Foster Street in the B1 Business District (“Domino’s Pizza”) WHEREAS, the Zoning Board of Appeals (“ZBA”) met on November 4, 2014, pursuant to proper notice, to consider case no. 14ZMJV-0139, an application filed by Marr Chicago Pizza, Inc., lessee of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 911 Foster Street (the “Subject Property”) and located in the B1 Business District, for a Special Use Permit to establish, pursuant to Subsection 6-9-2-3 of the Evanston City Code, 2012, as amended (“the Zoning Ordinance”), a Type 2 Restaurant, “Domino’s Pizza,” 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 November 24, 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-0139; and WHEREAS, at its meeting of November 24, 2014, the City Council considered and adopted the respective records, findings, and recommendations of the ZBA and P&D Committee, as amended, 259 of 357 147-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 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- 0139. 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. C. Hours of Operation: The Applicant shall operate the Type 2 Restaurant authorized by this ordinance only between the hours of 10:00 a.m. and 12:00 midnight on Sunday through Thursday, and only between the hours of 10:00 a.m. and 1:00 a.m. on Friday and Saturday. D. Deliveries From The Restaurant: Deliveries from the restaurant are allowed to take place only between the hours of 10:00 a.m. and midnight on Sunday 260 of 357 147-O-14 ~3~ through Thursday, and only between the hours of 10:00 a.m. and 2:00 a.m. on Friday and Saturday. E. Deliveries To The Restaurant: Deliveries to the restaurant must only occur via Foster Street between the hours of 4:00 a.m. and 6:00 a.m. on any given day. Delivery vehicles must have engine and refrigeration system turned off during the delivery. Deliveries to the restaurant shall not take place via the alley. F. Employee Parking: Employees shall not park on the street during hours of operation. G. Northwestern University Parking Lot: Applicant agrees to coordinate with Northwestern University with regards to utilizing the parking lot located at the intersection of Foster Street and Maple Avenue (“Engelhart Hall Lot”), to be utilized after 4:00 p.m. for employee parking. H. 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. 261 of 357 147-O-14 ~4~ 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. 262 of 357 147-O-14 ~5~ Introduced:_________________, 2014 Adopted:___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 263 of 357 147-O-14 ~6~ EXHIBIT A LEGAL DESCRIPTION LOT 15, THE EAST 12 FEET OF LOT 16, THE W EST 34 FEET OF LOT 16 EXCEPT THE NORTH 36 FEET THEREOF AND THE EAST 6 FEET OF LOT 17 EXCEPT THE NORTH 36 FEET THEREOF, IN BLOCK 2 IN W HEELER AND OTHERS SUBDIVISION OF THAT PART OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN LYING W EST OF SHERMAN AVENUE, IN COOK COUNTY, ILLINOIS. PINs: 11-18-104-016-0000 11-18-104-017-0000 COMMONLY KNOWN AS: 911 Foster Street, Evanston, Illinois. 264 of 357 Page 1 of 6 Zoning Board of Appeals DRAFT NOT APPROVED MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, November 4, 2014 7:00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Matt Rodgers, Violetta Cullen, Mary Beth Berns, Andrew Gallimore Members Absent: Beth McLennan, Scott Gingold, Myrna Arevalo 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 October 21, 2014 Zoning Board of Appeals meeting were motioned for approval. Ms. Cullen made the motion and it was seconded by Ms. Berns. The motion was approved 3-0, 1 member abstained. New Business 1513 Greenleaf Street ZBA 14ZMJV-0136 Larry Rosenbaum, contract purchaser, applies for a special use permit for a Single Family Detached Dwelling at 1513 Greenleaf Street. 1513 Greenleaf Street is located in the B1 Business District, which requires a special use permit for a Single Family Detached Dwelling (Zoning Code Section 6-9-2-3). 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. She went on to clarify that they chose to pursue a special use permit as opposed to the option of rezoning for this case. Bernard Citron, attorney, Larry Rosenbaum, applicant, and Vladimir Rudutny, architect explained the proposal: • Prefer to pursue special use instead of rezoning to keep the underlying B1 Business District intact and avoid spot zoning • Owner needs a 1-story residence for medical reasons • Building hasn’t held a business in over 5 years • Many 1 & 2-Family residences are on this block within the B1 Business District • Building footprint will be maintained, while 2-car detached garage, driveway, and deck will be added • New, interior courtyard will be located at front of building to increase light and air to the residence while maintaining the zero front setback • Front façade will maintain the 3 bays, but with metal screens • Exact screening hasn’t been chosen, but it will be re-reviewed by SPAARC in building permit process. Ms. Berns asked if a large storage area will be located in the garage, which Mr. Citron confirmed and explained that the residence does not feature much storage space and does not have a basement. The garage will not have plumbing or heating that could be used as a residence or anything other than storage. 265 of 357 Page 2 of 6 Zoning Board of Appeals Chair Rodgers asked how drainage will be addressed. Mr. Citron responded that the shed is being decreased to a size of 300 ft2, but they are adding 300 ft2 of deck and 450 ft2 for the garage. Ms. Berns asked if there were any requirement for building lot coverage or impervious surface coverage. Ms. Klotz answered that B1 Business District does not have a building lot coverage or impervious surface coverage, but on-site storm water detention has been done. This project does not utilize the maximum 1.0 FAR allowed. Ms. Klotz went on to say that staff prefers to maintain the underlying zoning to keep the business district intact so as to retain the possibility of reversion to business use in the future. The ZBA entered into deliberations. Ms. Berns stated that she would prefer if setbacks of things, like decks, were treated as if they were residential. Overall, she thinks this is a great project. She did note concerns about the front screening appearing jail-like. Chair Rodgers stated that he liked the proposal to remove concrete at the front of the building. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Ms. Berns motioned to recommend approval of the proposal with the following conditions: • Parkway must be returned to grass. • Engineering is to approve drainage. • 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. 156 Asbury Avenue ZBA 14ZMJV-0137 Ranee Viravakin, co-property owner, appeals the Zoning Administrator’s decision to deny zoning relief (case number 14ZMNV-0114) from Section 6-4-6-7-F-3 of the Zoning Ordinance that states the maximum fence height in a required front yard and street side yard is 4’. The applicant applied for zoning relief to construct a 6’ solid wood fence in the required front yard and street side yard. The applicant was granted relief from Section 6-4-6-7-F-2-a-1 to permit a fence in the front yard (Asbury Avenue) and Section 6-4-6-7-F-2-b-1 to permit a fence in a street side yard (Brummel Street). The applicant was denied relief from Section 6-4-6-7-F-2-a-2 to permit a fence exceeding 70% opacity in the front yard, Section 6-4-6-7-F-2-b-2 to permit a fence exceeding 70% opacity in the street side yard, and Section 6-4-6-7-F-3 to permit a fence height exceeding 4’ in the front or street side yard. The fence variance was partially granted to allow a 4’ metal fence in the front and street side yard not exceeding 70% opacity. The applicant now requests a 6’ metal wrought-iron style fence not exceeding 70% opacity in the front and street side yard. The Zoning Board of Appeals is the determining body for this case. Ms. Klotz read the case into the record. 266 of 357 Page 3 of 6 Zoning Board of Appeals Ranee Viravakin, co- property owner, and Dan Sullivan, co-property owner, explained the proposal: • Wanted 6’ metal fence to catch flying garbage from Evanston and Chicago • Has previously been cited by the City for garbage in the yard • Garbage clean-up needs to occur 2-3 times per week Ms. Klotz clarified that the only appeal request is the height of the fence. Chair Rodgers asked if any of the businesses nearby were being held to the Litter Collection Plan, to which Ms. Klotz said she was not aware of any. Chair Rodgers stated that garbage will still have to be picked up along the fence. At any fence height, garbage will still blow over it. The ZBA entered into deliberations. Chair Rodgers stated that he would prefer a 4’ fence with fewer gaps to promote more opacity. Ms. Berns said that a 6’ height is a detriment. She would prefer the fence to be a foot off the property line, so that it is not at the sidewalk, to which Ms. Cullen agreed. Chair Rodgers noted that the proposed fence is at 70% opacity. Ms. Berns stated that 50% is a better opacity to collect garbage. Chair Rodgers stated that there seemed to be a general consensus for a 4’ fence with 50% opacity. The Standards were addressed for a 4’ wrought iron fence with 50% opacity: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes Mr. Gallimore motioned to recommend approval of the proposal with the following conditions: • Fence is 4’h of wrought-iron style with 50% opacity. The motion was seconded by Ms. Berns and approved 4-0. 604 Davis Street ZBA 14ZMJV-0138 Andrew J. Spatz, property owner, applies for a special use permit for a Commercial Indoor Recreation facility, The Barre Code, at 604 Davis Street. 604 Davis Street is located in the D2 Downtown Retail Core District, which requires a special use permit for a Commercial Indoor Recreation facility 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. Andrew J. Spatz, property owner, explained the proposal: • Front 31% of space designated for retail • Back 69% of space designated for dancing • 14 person, dance-exercise studio • As property owner, very concerned about noise traveling to neighboring spaces • Did extensive sound testing, and plan to add a sound insulated room within the space 267 of 357 Page 4 of 6 Zoning Board of Appeals • No food or beverages sold on site • No operable windows. Door is weather stripped • Intend to use best acoustic material possible • Hours of operation: Monday-Saturday 6 a.m.- 6 p.m., and closed on Sundays • 2 employees, 3-4 classes per day • 2 parking spaces dedicated to this use on site (7 spaces total) Chair Rodgers acknowledged the letter submitted regarding dumpster location, but noted it is not pertinent to the special use. The ZBA entered into deliberations. Ms. Berns stated that she was nervous about loud uses, but is fine with the architectural plans and soundproofing. Chair Rodgers noted that proactive measures have been taken to lessen noise and not create a nuisance for neighbors. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Ms. Cullen motioned to recommend approval of the proposal with the following conditions: • Hours of operation between 6 a.m. and 10 p.m. • Employees cannot park on the street. • The project must be in substantial compliance of the documents and testimony on record. The motion was seconded by Mr. Gallimore and approved 4-0. 911 Foster Street ZBA 14ZMJV-0139 Marr Chicago Pizza Inc., lessee, applies for a special use permit for a Type 2 Restaurant, Domino’s Pizza, at 911 Foster Street. 911 Foster Street is located in the B1 Business District, which requires a special use permit for a Type 2 Restaurant to operate (Zoning Code Section 6- 9-2-3). 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. Matthew Zia and Ray Sariajay, Domino’s representatives, explained the proposal: • Propose to open a Domino’s Pizza • Hood vent will be installed through the roof • Predominantly carryout service, but will provide some indoor seating with new concept of “Pizza Theater”, where you can watch pizza being made • Approximately 20 seats or less • Hours of Operation: Sunday-Thursday 10 a.m. to 1 a.m., and Friday-Saturday 10 a.m. to 2 a.m. • Understand that the City prefers that they close at midnight Sunday-Thursday, and at 1 a.m. Friday-Saturday 268 of 357 Page 5 of 6 Zoning Board of Appeals • Deliveries to occur by bicycle as well Ms. Berns inquired why they would not locate in a downtown area if they wanted to stay open later, to which Mr. Zia responded that they wanted to serve customers within a neighborhood area and they need parking for delivery drivers. He went on to say that 3-5 employees will be working per shift and 3 parking spaces will be dedicated to Domino’s. Ms. Berns asked if a good neighbor plan was in place for those that share the alleyway, which Mr. Zia confirmed and explained that drivers have had extensive training and adhere to safety practices. He went on to say that deliveries will occur twice a week and take approximately 15- 20 minutes. Deliveries will probably occur somewhere between 2 a.m. and 6 a.m. via semi truck. The truck will not be able to turn into the alley or clear the CTA. They don’t want deliveries to disturb neighbors on the alley overnight, so they would prefer for deliveries to occur on Foster Street. Ms. Berns asked when the nearby daycare opens, to which Ms. Cullen answered, 7 a.m. along with the dance studio. Mr. Zia explained that pizza deliveries will be slow until about 4 p.m. due to the university being a large source of business. Otherwise, they anticipate 1 delivery out every ten minutes or so. Ms. Berns asked if delivery drivers could use the parking lot across the street, to which Mr. Zia said yes, especially during the rush. He went on to say that he would also comply with the Litter Collection Plan. Chair Rodgers clarified that there would be no alcohol service at this establishment. Mr. Zia noted that windows will not be blacked out. Bob Tootelian, 2001 Maple Avenue, stated that he would like to see more business on Foster Street, but is concerned about noise from overnight deliveries. He also felt that parking right in front of the business location should not be allowed for delivery drivers to run in. He is not objecting to or supporting this case. Alderman Holmes stated that people are concerned about parking. If deliveries park in front of the business, they will get tickets. She supports overnight deliveries, but is also concerned about noise in the area in general. Mr. Zia stated that the revitalization of this area is one of his aims and asked that deliveries could possibly be made up to 2 a.m. Ms. Berns clarified that she meant delivery drivers in the lot across from the street, not in the street. Mr. Zia noted that the delivery time could be adjusted and they could turn off the truck compressor during deliveries. The ZBA entered into deliberations. Chair Rodgers stated that the bike delivery is great and this area is in need of revitalization. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 269 of 357 Page 6 of 6 Zoning Board of Appeals 6. Yes 7. Yes 8. Yes 9. Yes Ms. Cullen motioned to recommend approval of the proposal with the following conditions: • Litter Collection and Garbage Plan • Hours of Operation between 10 a.m. and midnight, Sunday-Thursday and 10 a.m. to 1 a.m., Friday-Saturday. Deliveries can occur up to 2 a.m. Friday-Saturday. • Commissary deliveries occur from 4 a.m. to 6 a.m. on Foster Street and compressor and engine must be turned off. • Employees may not park on the street. • Applicant coordinates with Northwestern University to use parking lot across the street after 4 p.m. if possible. • 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 passed out a draft of ZBA rules consisting mostly of grammatical changes, but some policy changes as well. These will be discussed at the next meeting. The meeting adjourned at 9:35 p.m. 270 of 357 P LANNING AND Z ONING D IVISION  847‐866‐2930       |  zoning@cityofevanston.org  Community Development Department  847‐448‐8126 à   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 November 4, 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 6-9-2-3 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-0139 Address or Location: 911 Foster Street Applicant: Marr Chicago Pizza, Inc. Proposed Special Use: Restaurant-Type 2, Domino’s Pizza, in B1 District 271 of 357 P LANNING AND Z ONING D IVISION  847‐866‐2930       |  zoning@cityofevanston.org  Community Development Department  847‐448‐8126 à   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. Litter Collection and Garbage Plan 2. Hours of Operation between 10 a.m. and midnight, Sunday-Thursday and 10 a.m. to 1 a.m., Friday-Saturday. Deliveries can occur up to 2 a.m. Friday- Saturday. 3. Commissary deliveries occur from 4 a.m. to 6 a.m. on Foster Street and compressor and engine must be turned off. 4. Employees may not park on the street. 5. Applicant coordinates with Northwestern University to use parking lot across the street after 4 p.m. if possible. 6. The project must be in substantial compliance of the documents and testimony on record. _____ denial of the proposed special use. 272 of 357 273 of 357 274 of 357 275 of 357 276 of 357 277 of 357 278 of 357 279 of 357 P LANNING AND Z ONING D IVISION  847‐866‐2930       |  zoning@cityofevanston.org  Community Development Department  847‐448‐8126 à   www.cityofevanston.org/zoning     2100 Ridge Ave., Rm. 3700  Evanston, IL 60201       __________________________________________ Date: _____________ Matt Rodgers Zoning Board of Appeals Chair Attending: Vote: Aye No ___X__ Mary Beth Berns __X__ ____ _______ Myrna Arevalo _____ ____ _______ Scott Gingold _____ ____ _______ Beth McLennan _____ ____ ___X___ Matt Rodgers __X__ ____ ___X___ Violetta Cullen __X__ ____ ___X___ Andrew Gallimore __X__ ____ 280 of 357 For City Council meeting of November 24, 2014 Item P4 Ordinance 144-O-14: Central Street Overlay District Zoning Amendment For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Department Lorrie Pearson, Planning and Zoning Administrator Damir Latinovic, Neighborhood and Land Use Planner Subject: Ordinance 144-O-14 Zoning Ordinance Text Amendment Modifications to Central Street Overlay District (oCSC) 14PLND-0102 Date: November 13, 2014 Recommended Action: The Plan Commission and staff recommend adoption of Ordinance 114-O-14 to modify certain portions of Section 6-15-14 Central Street Overlay District (oCSC). Summary Staff proposes modifications to parts of Central Street Overlay District (oCSC) to better reflect the 2007 Central Street Master Plan. The intent of the oCSC regulations was to implement the recommendations of the Master Plan which centered on preserving the character and scale of the Central Street Corridor. While a vast majority of the oCSC regulations are an excellent tool to attract desirable uses and achieve quality developments, some portions of the Code are very detailed and do not allow for adequate diversity of both uses and buildings that made the corridor a successful and vibrant pedestrian environment that it is today. Most of the proposed modifications to the Central Street Overlay District regulations are minor to correct small omissions and clarify the intent of the regulation to avoid unintended misinterpretation. All proposed changes will make the Central Street Overlay district regulations more consistent with the goals and objectives identified in the Central Street Master Plan. The following are the most significant changes proposed: • Add Specialty Food Store as an Additional Permitted Use because it is listed as a Ground Floor Active Use. • Increase the number of allowable Active Ground Floor Uses. • Clarify the required step back for the 2nd floor is 10% of the lot depth or five feet, whichever is greater, from the “required pedestrian area.” Memorandum 281 of 357 • Allow site development allowances to be considered by the Plan Commission and the City Council for Planned Developments except for overall increase in height, FAR and density (number of units allowed). • Clarify that the pedestrian area requirement replaces the front yard setback requirement within commercial areas to create a consistent “shopping wall.” • Clarify and define bicycle parking requirements. City staff met with representatives of the Central Street Neighbors Association and Central Street Business Association on August 26 and November 3, 2014 to discuss the proposal. The initial proposal focused on eliminating a section of the District regulations (oCSC) that prohibits site development allowances for Planned Developments. Following that meeting, staff modified the proposal to exclude overall increases in floor area ratio (FAR), height, and density (the number of dwelling units) from potential site development allowances that can be considered by the Plan Commission and the City Council during the Planned Development review process. The proposed Text Amendment meets the standards for approval of amendments per Section 6-3-4-5 of the City Code. The proposal is consistent with the Comprehensive General Plan’s principles to encourage new development that improves the economy and attractiveness of the City while simultaneously working to maintain a high quality of life within the community. The proposal will improve the zoning regulations that apply to the District to better align them with the goals and objectives of the Central Street Master Plan. This will assure new uses and developments preserve the existing character and scale of developments along Central Street and sustain and enhance the corridor as a location for diverse, unique, small scale pedestrian oriented retail shops, services and restaurants. Legislative History November 12, 2014 – The Plan Commission unanimously recommended approval of the proposed text amendment to modify portions of Section 6-15-14 Central Street Overlay District (oCSC). October 15, 2014 - The Zoning Committee of the Plan Commission unanimously recommended approval of a portion of the proposed amendment regarding additional Active Ground Floor Uses. September 10, 2014 – Per Staff’s recommendation, the Plan Commission continued the case to November 12, 2014 hearing to allow staff to meet with the neighborhood stakeholders (Central Street Business Association and Central Street Neighbors Association) for a second time and discuss the proposed amendment. August 13, 2014 – Per Staff’s recommendation, the Plan Commission continued the case to September 10, 2014 hearing to allow staff time to meet with the area stakeholders to discuss the proposed amendment. Attachments Proposed Ordinance 144-O-14 Plan Commission Minutes 11/12/2014 (Draft) Materials submitted by residents for Plan Commission Meeting on 11/12/2014 Plan Commission Packet for 11/12/2014 282 of 357 11/7/2014 144-O-14 AN ORDINANCE Amending the Text of the Zoning Ordinance with Regards to the oCSC Central Street Overlay District WHEREAS, on November 12, 2014, the Plan Commission held a public hearing, pursuant to proper notice, regarding case no. 14PLND-0102 to consider an amendment to the text of Title 6 of the Evanston City Code of 1979, as amended (the “Zoning Ordinance”), relating to the oCSC Central Street overlay District; 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 November 24, 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-0102 and recommended City Council approval thereof; and WHEREAS, at its meetings of November 24, 2014 and December 8, 2014, the City Council considered and adopted the records and recommendations of the Plan Commission and the Planning and Development Committee, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: 283 of 357 144-O-14 ~2~ SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: Section 6-15-14-5 of the Zoning Ordinance is hereby amended to read as follows: 6-15-14-5. - ADDITIONAL USES. (A) Uses listed under "additional permitted uses" in Table 1 of this Section shall be permitted in the oCSC district, in the indicate subarea. These uses are in addition to those permitted in the base zoning district. (B) Uses listed under "additional special uses" in Table 1 of this Section may be allowed in the oCSC district in the indicated subarea subject to the general provisions set forth in Section 6-3-5 of this Title, and the special provisions contained herein. TABLE 1: ADDITIONAL USES Subarea Additional Permitted Uses Additional Special Uses 1 None None 2 None None 3 Retail goods establishment (on ground floor only) Retail services establishment (on ground floor only) Specialty Food Store Commercial indoor recreation Cultural facility Dormitory Performance entertainment venue 4 None Specialty Food Store Commercial indoor recreation Cultural facility Performance entertainment venue 5 None Specialty Food Store Commercial indoor recreation Cultural facility Performance entertainment venue 6 Automobile service station Specialty Food Store Commercial indoor recreation Cultural facility Performance entertainment venue 7 None Specialty Food Store Commercial indoor recreation Cultural facility Performance entertainment venue SECTION 3: Section 6-15-14-6 of the Zoning Ordinance is hereby amended to read as follows: 284 of 357 144-O-14 ~3~ 6-15-14-6. - PROHIBITED USES. Uses shown in Table 2 of this Section shall be prohibited in the indicated subarea. This prohibition supersedes any permitted uses identified in the base zoning district. TABLE 2: PROHIBITED USES Subarea Prohibited Uses 1 2 3 Drive-through facility 4 Drive-through facility 5 Drive-through facility 6 Drive-through facility (except at 2628 Gross Point Road) 7 Drive-through facility SECTION 4: Section 6-15-14-7 of the Zoning Ordinance is hereby amended to read as follows: 6-15-14-7. - ACTIVE GROUND FLOOR USES. In subareas 3, 4, 5, 6 and 7, active uses shall occupy the ground floor level for a minimum depth of fifty (50) feet along the primary street frontage. "Active uses" are hereby defined in the table below along with the matter in which they are allowed in each subarea as either Permitted Use (“P”) or Special Use (“S”).as retail goods establishments, retail service establishments, food store establishments, hotels, restaurant - type 1, restaurant - type 2, specialty food store, indoor commercial recreation, performance entertainment venue, cultural facility. Allowed in: Uses: B1A (Subareas 4, 5 and 6) O1 (Subarea 3) C2 (Subarea 7) retail goods establishments P P, P retail service establishments P P, P food store establishments P P hotels P S restaurants type 1 P P P restaurants type 2 S S 285 of 357 144-O-14 ~4~ specialty food store P P P indoor commercial recreation S S S, performance entertainment venue S S S cultural facility S, S S, Dormitory S Automobile body repair establishment. S Automobile repair service establishment. S Automobile Service Station S P Animal Hospital S P Artist's Studios and accessory dwelling units (provided the accessory dwelling unit shall not front upon any street) P Convenience Store S S Daycare Center - Adult S Daycare Center-Child S S Daycare Center - Domestic Animal S S Resale Establishment S S Educational Institution - Private S S Educational Institution - Public S S Financial Institution * S S P Government Institution P P P Office * S S P Dwelling-Multiple Family S S S Micro-Distillery S S *….Office and Financial Institution Uses above ground level are allowed per the underlying zoning district. SECTION 5: Section 6-15-14-8 of the Zoning Ordinance is hereby amended to read as follows: 6-15-14-8. - BUILDING HEIGHT. 286 of 357 144-O-14 ~5~ (A) Maximum Building Height: The maximum building height in the oCSC district, without bonuses, is shown under "maximum building height (the shorter of)" in Table 3, "Building Height," of this Section in both feet and number of stories. The maximum height is the shorter of the two. TABLE 3: BUILDING HEIGHT Subarea Maximum Building Height (The Shorter Of) Transitional Height Plane1 10% Required Stepback Feet Stories 1 35 2.5 None None 2 45 4 R1, R2, R3, R4 None 3 52 5 R1, R2, R3, R4 3rd story and above 4 35 3 R1, R2, R3, R4 10%: 2nd story and above 15%: 3rd story and above C) 5 45 4 R1, R2, R3, R4 2nd story and above 6 45 4 R1, R2, R3, R4 3rd story and above 7 45 4 R1, R2, R3, R4 3rd story and above Notes: 1. Applies to properties adjacent to the districts listed. 2. See Subsection (C) of this Section, regarding the location of the additional 15 percent setback. (B) Transitional Height Plane: A transitional height plane shall apply in those subareas as indicated under "transitional height plane" in Table 3 of this Section, for properties adjacent to or abutting the districts listed. See Chapter 18 of this Title for details on determining the transitional height plane. This height plane shall be used in place of any transitional height plane height restricting device required by the base district zoning code (for example, the O1 district, Section 6-15-2-9 of this Chapter). (C) Required Stepback: As indicated under "10% required setback" in Table 3 of this Section, a setback from the required pedestrian area of ten percent (10%) of the lot width or depth, as applicable, or five (5) feet, whichever is greater, is required for upper stories, with a minimum setback of five (5) feet. Ten percent (10%) of the lot depth or five (5) feet, whichever is greater, of the lot depth is required for building front stepback. Ten percent (10%) of the lot width or five (5) feet, whichever is greater, of the lot width is required for building side stepbacks. 287 of 357 144-O-14 ~6~ 1. An additional stepback of fifteen percent (15%) of the lot depth or width from the required pedestrian area is required for third story and above in subarea 4 from Hartrey Street in the west to the north leg of Prairie Avenue in the east. 2. Buildings with front or side facades of seventy-five (75) feet or more are required to meet this requirement for sixty-five percent (65%) of the second floor front or side facade. Buildings with front or side facades less than seventy-five (75) feet must meet this requirement for one hundred percent (100%) of the second floor front or side facade. The requirements must be met for one hundred percent (100%) of the front or side facade for the third story and above. 3. Stepbacks are required only for building facades that are adjacent to street rights of way. (D) Prohibition Of Sheet Walls: No more than twenty-five (25) feet of width of any building facade shall from a "sheer wall" from ground level to the topmost floor. A "sheet wall" is defined as a vertical unbroken plane of facade that is unarticulated in depth. SECTION 6: Section 6-15-14-10 of the Zoning Ordinance is hereby amended to read as follows: 6-15-14-10. - SITE DEVELOPMENT ALLOWANCES. Sections 6-3-6-5 and 6-3-6-6 and Subsections 6-8-1-10(C), 6-9-1-9(C) and 6-10-1-9(C) of this Title, and Subsection 6-15-1-9(C) of this Chapter notwithstanding, site Site development allowances for any overall building height increase, FAR increase or density (number of dwelling units) increase for planned developments in the oCSC district are not permitted in the oCSC district. SECTION 7: Section 6-15-14-11 of the Zoning Ordinance is hereby amended to read as follows: 6-15-14-11. - DEVELOPMENT BONUSES. Floor area ratio (FAR) bonuses are available and may be approved for developments in the subareas identified in Table 5, "Development Bonuses," of this Section: TABLE 5: DEVELOPMENT BONUSES 288 of 357 144-O-14 ~7~ Subarea Extra Parking Underground Parking 1 2 3 Available 4 Available Available 5 Available Available 6 Available Available 7 Available (A) Bonus For Extra Parking: 1. Bonus Formula: A floor area bonus may be approved for qualifying parking in excess of that required, in accordance with the following standards: Bonus FAR = [(number of qualified parking spaces in excess of requirement × 350 square feet)/lot area] × 0.40 2. Design Standards And Guidelines: A parking space is qualified if it meets the following standards: (a) It is located on site, specifically identified in the development plan, and legal text indicating that the parking space shall be made available to the general public regardless of whether they are visiting any of the on siteon-site uses shall be recorded with the property deed. (b) It is in excess of the number of on siteon-site spaces required by the zoning ordinance. (c) It is made available for use to the general public, as well as to on site users. (d) If parking spaces are posted as available for a limited time per user, the time period available to general public users shall not be less than the time period for on siteon-site users. (e) Aboveground parking garages must be concealed from public view. (f) Pedestrian access to the garage must be provided from the public sidewalk. (B) Bonus For Underground Parking: 1. Bonus Formula: A floor area bonus may be approved for qualifying undergroun d parking in subareas as shown under "underground parking" in Table 5 of this Section, in accordance with the following formula: Bonus FAR = [(number of qualified underground parking spaces × 350 square feet)/lot area] × 0.20 2. Standards And Guidelines: An underground parking space is qualified if it meets the following standards: (a) Parking spaces must be located entirely below the lowest grade level of any adjacent street frontage. (b) Parking spaces must comply with all parking dimension and access requirements. 289 of 357 144-O-14 ~8~ (c) Vehicular access to the parking garage must be located off an alley. SECTION 8: Section 6-15-14-12 of the Zoning Ordinance is hereby amended to read as follows: 6-15-14-12. - PEDESTRIAN AREA REQUIREMENTS. (A) Location: A pedestrian area shall be located between the front facade of all buildings and the curb along Central Street, Green Bay Road, Gross Point Road and Crawford Avenue and along all intersecting streets for properties occupied by nonresidential uses. Each pedestrian area shall consist of two (2) zones parallel to the curb: a sidewalk clear zone and a parkway/street furniture zone. In addition to satisfying all setback and required yard requirements of the underlying zoning district, eachEach subareazone shall have a minimum width of the Pedestrian Area as specified in Table 6, "Pedestrian Area Requirements," of this Section. TABLE 6: PEDESTRIAN AREA REQUIREMENTS Subarea Minimum Width Along Central, Green Bay, Gross Point, Crawford Minimum Width Along Side Street Frontage (A) Clear Zone (B) Parkway/Street Furniture Zone (C) Minimum Pedestrian Area Width ((A) + (B)) (D) Clear Zone (E) Parkway/Street Furniture Zone (F) Minimum Pedestrian Area Width ((D) + (E)) 1 5 feet 9 feet 14 feet 5 feet 9 feet 14 feet 2 5 feet 9 feet 14 feet 5 feet 9 feet 14 feet 3 8 feet 6 feet 14 feet 10 feet 10 feet 20 feet 4 8 feet 6 feet 14 feet 10 feet 10 feet 20 feet 5 8 feet 6 feet 14 feet 10 feet 10 feet 20 feet 6 15 feet 15 feet 30 feet 15 feet 15 feet 30 feet 7 8 feet 6 feet 14 feet 10 feet 10 feet 20 feet (B) Sidewalk Clear Zone Requirements: 1. The sidewalk clear zone shall be a minimum width as specified in Table 6 of this Section, shall be located immediately contiguous to the parkway/street furniture zone and shall be continuous. 2. This zone shall be hardscape, and shall be unobstructed for a minimum height of eight (8) feet. 3. Building entryway doors shall not open in a manner that causes them to swing into or in any way obstruct the sidewalk clear zone. 290 of 357 144-O-14 ~9~ (C) Parkway/Street Furniture Zone Requirements: The parkway/street furniture zone shall have a minimum width as specified in Table 6 of this Section. This zone shall be located immediately adjacent to the curb and shall be continuous. This zone shall be landscaped or hardscaped, and may be used for the placement of trees, street furniture, benches, waste receptacles, fire hydrants, traffic signs, newspaper vending boxes, bus shelters, bicycle racks and similar elements in a manner that does not obstruct pedestrian access or motorist visibility. (D) Vehicle Sightlines And Visibility: Nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede visibility within visibility triangles at street intersections between the heights of two and one-half (2 1/2) feet and eight (8) feet above grade. (E) Utilities: Every commercially reasonable effort shall be made to place utilities underground or to the rear of structures to allow for unobstructed use of sidewalks. (F) Relationship Of Building To Pedestrian Area: Each building with at least one (1) facade adjacent to the pedestrian area shall have a pedestrian entrance located on the ground floor of that facade and opening directly onto the pedestrian area. Such entrance shall be unlocked and accessible during business hours. (G) Optional Sidewalk Setback Area: Buildings may be set back an additional distance up to ten (10) feet from the sidewalkPedestrian Area. The resulting area between the front facade and the sidewalk may be used for landscaping, seating, public art, street furniture, outdoor dining, outdoor display of merchandise during business hours, or other similar uses, provided they are permissible for that location otherwise. (H) The Front Yard and Street Side Yard requirements by the Underlying Zoning District in Subareas 3, 4, 5, 6 and 7 along Central Street, Green Bay Road, Gross Point Road and Crawford Avenue, as applicable, is hereby replaced with the Pedestrian Area requirement and does not have to be satisfied. SECTION 9: Section 6-15-14-13 of the Zoning Ordinance is hereby amended to read as follows: 6-15-14-13. - MINIMUM BICYCLE PARKING REQUIREMENTS. (A) All nonresidential developments which provide automobile parking facilities shall provide bicycle parking facilities (bike racks) at a ratio of at least one (1) bicycle parking space for every ten (10) automobile parking spaces. (B) Multi-family developments shall provide said interior bicycle parking facilities for building residents at a ratio of at least one bicycle parking space for every five (5) 1.5 multi-family dwelling units. Such bicycle parking facilities must be provided near the building entrance accessible to the street. Multi-family developments shall also provide 291 of 357 144-O-14 ~10~ bicycle parking facilities for visitors/public at a ratio of at least one bicycle parking space for every ten (10) automobile parking spaces provided and shall meet the location criteria under subsection (D) of this section. (C) No development, except a one- or two-family development, shall have fewer than three (3) bicycle/moped parking spaces nor be required to exceed a maximum of ten (10) such spaces. (D) Bicycle parkingspaces facilities for nonresidential developments and bicycle parking facilities provided for the visitors and/or public shall be located within the parkway/street furniture zone a maximum distance of fifty (50) feet from the building entrance, or shall be located at least as close as the closest automobile space. (E) Each bicycle parking facilityspaces shall include a metal anchor sufficient to secure the bicycle frame when used in conjunction with a user supplied lock. SECTION 10: Section 6-15-14-14 of the Zoning Ordinance is hereby amended to read as follows: 6-15-14-14. - FENESTRATION. (A) Ground level retail and office nonresidential uses that face a public way shall provide a minimum linear fenestration of sixty-five percent (65%), measured along the length of the street frontage. Corner buildings shall continue such fenestration around the corner of the building for at least forty (40) feet or the length of the building, whichever is shorter. (B) Qualifying frontage shall meet the following conditions: 1. Lower edge of lite (sill) is no higher than three (3) feet above grade. 2. Upper edge of lite (header) is no lower than ten (10) feet above grade. (C) Fenestration shall utilize clear glass. Painted glass, reflective glass or other similarly treated or opaque windows are not eligible. Entrances with glass elements may be counted towards fenestration requirement, as long as qualifying fenestration extends above the entrance to the minimum height specified above. SECTION 11: Section 6-15-14-15 of the Zoning Ordinance is hereby amended to read as follows: 6-15-14-15. - BUILDING FACADE ARTICULATION. 292 of 357 144-O-14 ~11~ For all building facades facing public streets: (A) The length of facade without intervening fenestration or entryway shall not exceed twenty (20) feet. (B) Building floors from ground level to third story above ground level shall be delineated through the use of windows, belt courses, cornice lines or similar architectural detailing. (C) Facades wider than twenty-five (25) feet shall be vertically articulated to give the appearance of being composed of multiple buildings. Such articulation shall be accomplished by using projections, recesses, material changes, parapets, cornices, varying roof heights/lines, or other similar architectural features. (D) Prohibition Of Sheet Walls: No more than twenty-five (25) feet of width of any building facade shall form a "sheet wall" from ground level to the topmost floor. A "sheet wall" is defined as a vertical unbroken plane of facade that is unarticulated in depth. SECTION 12: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 13: 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 14: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 15: 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. 293 of 357 144-O-14 ~12~ Introduced:_________________, 2014 Adopted:___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 294 of 357 Draft Page 1 of 4 Plan Commission Minutes 11/12/2014 MEETING MINUTES PLAN COMMISSION Wednesday, November 12, 2014 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Scott Peters (Chair), Jim Ford, Carol Goddard, Richard Shure, Colby Lewis, Andrew Pigozzi Members Absent: Kwesi Steele, Lenny Asaro, Terri Dubin Associate Members Present: Stuart Opdycke Associate Members Absent: David Galloway, Seth Freeman, Staff Present: Damir Latinovic, Neighborhood and Land Use Planner Lorrie Pearson, Planning and Zoning Administrator Mario Treto, Assistant City Attorney Aldermen Present: Ald. Grover, Ald. Tendam Presiding Member: Scott Peters, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM Chairman Peters called the meeting to order at 7:00 P.M and explained the general meeting procedure, schedule, agenda items, time limits on public testimony and opportunities for cross examination of witnesses. Chairman Peters concluded the opening statement by saying that the Plan Commission forwards a recommendation to the City Council which makes the final determination on any matters discussed by the Plan Commission. 2. OLD BUSINESS ... B. TEXT AMENDMENT TO THE ZONING ORDINANCE 14PLND-0102 Modifications to Central Street Overlay District Specifically consider a text amendment, pursuant to City Code Title 6, Zoning, to various parts of Chapter 15 Special Purpose and Overlay Districts regarding the Central Street Corridor Overlay District. Mr. Latinovic presented the Staff Report. He provided the summary of the events that led to adoption of the Central Street Master Plan in 2007 and adoption of the Central Street Overlay District (oCSC) in 2008. He stated staff met with area stakeholders on August 26, 2014 and November 3, 2014. The proposal has been modified to address many 295 of 357 Draft Page 2 of 4 Plan Commission Minutes 11/12/2014 concerns of area stakeholders. He concluded by reviewing the standards of approval for text amendments stating staff recommends approval of the proposed modifications to the Central Street Overlay District. Upon a question from Commissioner Opdycke, Mr. Latinovic confirmed one of the changes staff is proposing is to allow site development allowances for Planned Developments to be considered by the Plan Commission and the City Council except for the increase in height, FAR or density (number of dwelling units). Chairman Peters invited the public to ask questions or provide comments. Jim Hughes, 2518 Hartzell St, provided a power point presentation with images of various developments along Central Street. Mr. Hughes showed images of a multiple- family residential building built during the early 1990s before the overlay district was adopted and highlighted its negative effects on surrounding residential properties. Mr. Hughes recommended that existing step back, yard setbacks and transitional plane height restrictions be also included in the prohibited site development allowances because many commercial areas are directly adjacent to single family residences. Commissioner Opdycke asked if those requirements are also prohibited from being considered as site development allowances, what would be left from the zoning requirements that could be varied for Planned Developments. Mr. Latinovic stated that in that case parking requirements and other more minor zoning requirements would be still eligible as site development allowances. George Retzill, 1937 Central St., stated that the proposal would allow developers to do what they want and there would be no control or ways the City can stop them. Per Chairman Peters suggestion, Ms. Lorrie Pearson, Planning and Zoning Administrator, provided an overview of the approval process for Planned Developments. Chairman Peters also stated there are standards for approval for all Planned Developments that the Plan Commission reviews. John Myefski, Myefski Architects Inc., 630 Davis St. stated that images of their project at 1620 Central Street shown during Mr. Hughes presentation show an early version of the proposal. The design of the project has been changed since the project was presented to the area stakeholders to reduce the potential impact the development could have on surrounding properties. He stated the proposed amendment regarding site development allowances would afford him the chance to present his project to the Plan Commission and the City Council. Without the changes, his project could look a lot differently and may not provide the benefits as it would with some site development allowances. Jane Grover, 7th Ward Alderman, stated the Overlay District covers a large portion of her Ward. She complemented the staff for their comprehensive efforts to improve the regulations and for meeting with area stakeholders. She stated she was involved in the process for adoption of the Central Street Master Plan before she was elected to serve as the Alderman for 7th Ward. She believes both the Master Plan and the subsequent Overlay District were very well done. But they both need to be reviewed from time to time and updated to reflect the changes in economic and social environment. Ald. Grover stated all proposed modifications will improve the regulations of the district so that new 296 of 357 Draft Page 3 of 4 Plan Commission Minutes 11/12/2014 developments meet the pedestrian-friendly mixed use character of the corridor. She supports the proposed amendment as presented by Staff. Mark Tendam, 6th Ward Alderman, expressed his concern that if the proposed amendment is not approved approval of larger projects through Planned Development process would be discouraged. The City may lose good projects. The developers may opt to build what the Code allows and that sometimes can lead to developments that are not as good as they could be if reviewed through the Planned Development process by the Plan Commission and City Council. He is also in support of the proposed text amendment. There being no further public comment, Chairman Peters suggested taking a ten minute break at 8:50 pm. The Commission reconvened at 9 pm. Chairman Peters opened the floor to deliberation by the Board members. Commissioner Ford explained he is in favor of allowing the front step back to be considered as an allowable site development allowance. Chairman Peters confirmed allowing certain requirements to be considered as site development allowances enables projects to come in front of the Plan Commission and be considered by the City Council. The City Council ultimately approves or denies the projects and can make sure the important elements of the Overlay District or the Master Plan are achieved. Commissioner Lewis, stated he lives in the area and supports the revisions that enable new projects and new development to come into the area. The Planned Development review process allows for review of projects in compliance with the Master Plan. There being no further discussion, Commission Lewis made a motion to approve the proposed text amendment as presented by Staff. Commissioner Pigozzi seconded the motion. Ayes: Commissioners Lewis, Pigozzi, Goddard, Ford, Shure and Chairman Peters. Nays: None Abstain: None The motion was approved unanimously. Mr. Latinovic reminded everyone the next regularly scheduled meeting is December 10, 2014. C. ADJOURNMENT 297 of 357 Draft Page 4 of 4 Plan Commission Minutes 11/12/2014 There being no further discussion, Commissioner Lewis made a motion to adjourn the meeting. Commissioner Pigozzi seconded the motion. A voice vote was taken and the motion was approved by voice call 6-0. The meeting was adjourned at 9:15 pm. Respectfully Submitted, Damir Latinovic Neighborhood and Land Use Planner Community Development Department 298 of 357 Materials Submitted by Residents for the Plan Commission meeting 11/12/2014 299 of 357 300 of 357 301 of 357 302 of 357 303 of 357 304 of 357 305 of 357 306 of 357 307 of 357 308 of 357 309 of 357 310 of 357 311 of 357 312 of 357 PLAN COMMISSION CASE # 14PLND-0102 Zoning Ordinance Text Amendment Various Amendments to Chapter 15 Special Purpose and Overlay Districts regarding the Central Street Overlay District 313 of 357 Memorandum To: Chair and Members of the Plan Commission From: Mark Muenzer, Director of Community Development Lorrie Pearson, Planning and Zoning Administrator Damir Latinovic, Neighborhood and Land Use Planner Subject: Zoning Ordinance Text Amendment Various Amendments to Chapter 15 Special Purpose and Overlay Districts regarding the Central Street Corridor Overlay District 14PLND-0102 Date: November 12, 2014 Request Staff recommends approval of the Zoning Ordinance Text Amendment to modify certain sections of Chapter 15 Special Purpose and Overlay Districts regarding the Central Street Overlay District to make it more consistent with the 2007 Central Street Master Plan. Notice The Application has been filed in conformance with applicable procedural and public notice requirements. Analysis History October 15, 2014 - The Zoning Committee of the Plan Commission unanimously recommended approval of a portion of the proposed amendment regarding Active Uses on the Ground Floor. September 10, 2014 – Per Staff’s recommendation, the Plan Commission continued the case to November 12, 2014 hearing to allow staff to meet with the neighborhood stakeholders (Central Street Business Association and Central Street Neighbors Association) for the second time and discuss the proposed amendment. August 13, 2014 – Per Staff’s recommendation, the Plan Commission continued the case to September 10, 2014 hearing to allow staff time to meet with the area stakeholders to discuss the proposed amendment. 1 | Page 314 of 357 Background On August 26, 2014 City staff met with representatives of the Central Street Neighbors Association and Central Street Business Association to discuss the proposed text amendment. The initial proposal focused on eliminating a section of the Central Street Overlay District regulations (oCSC) that prohibits any site development allowances for Planned Developments. Following that meeting, staff modified the proposal to exclude overall increases in floor area ratio (FAR), height, and density (the number of dwelling units) from potential site development allowances, but permit site development allowances from other zoning regulations so they can be considered by the Plan Commission and the City Council during the Planned Development review process. The text amendment regarding site development allowances was combined with a previous text amendment regarding the Active Ground Floor Uses and also includes other minor modifications to various regulations of the oCSC, to make the requirements clearer and more in line with the 2007 Central Street Master Plan and other sections of the Zoning Ordinance. On November 3, 2014, City staff met with representatives from the Central Street Neighbors Association and Central Street Business Association and presented the findings of its research and the revised proposal. Proposal Overview Staff proposes modifications to parts of Central Street Overlay District (oCSC) to better reflect the 2007 Central Street Master Plan. The intent of the oCSC regulations was to implement the recommendations of the Master Plan which centered on preserving the character and scale of Central Street Corridor. While a vast majority of the oCSC regulations are an excellent tool to attract desirable uses and achieve quality developments, some portions of the Code are very detailed and do not allow for adequate diversity of both uses and buildings that made the Corridor a successful and vibrant pedestrian environment that it is today. The intent of the Zoning Ordinance is to promote orderly and desirable development. The regulations should not impede quality design or projects that are consistent with the Central Street Master Plan and the City’s Comprehensive General Plan. 2 | Page Figure 1: Cover Page - 2007 Central Street Master Plan For example, Figure 1 indicates a potential new building on an underutilized site along Central Street identified in the Master Plan as an example of a desirable new infill development. Such building, however, would not be permitted today in many areas of Central Street Corridor because the Overlay District regulations adopted in 2008 require a significant step back for second floor and an additional step back for the third floor. 315 of 357 3 | Page Most of the proposed modifications to the Central Street Overlay District regulations (attached) are minor to correct small omissions and clarify the intent of the regulation to avoid unintended misinterpretation. All proposed changes will make the Central Street Overlay district regulations more consistent with the goals and objectives identified in the Central Street Master Plan. The following are the most significant changes proposed. Active Ground Floor Uses and Site Development Allowances are discussed in more detail below. • Add Specialty Food Store as an Additional Permitted Use because it is listed as a Ground Floor Active Use. • Eliminate Commercial Indoor Recreation Use from the list of Additional Special Uses because it is already listed as an allowable Special Use by the underlying zoning district. • Increase the number of allowable Active Ground Floor Uses. • Clarify the required step back for the 2nd floor is 10% of the lot depth or five feet, whichever is greater, from the “required pedestrian area”. • Allow site development allowances to be considered by the Plan Commission and the City Council for Planned Developments except for overall increase in height, FAR and density (number of units allowed). • Clarify that the pedestrian area requirement replaces the front yard setback requirement within commercial areas to create a consistent “shopping wall” per the Central Street Master Plan. • Clarify and define bicycle parking requirements. Active Ground Floor Uses Section 6-15-14-7 of the Overlay District requires that “active uses” occupy the ground floor level of commercially zoned properties along the corridor (Subareas 3, 4, 5, 6 and 7). The Section defines “Active Uses” as one of the following: retail goods establishments, retail service establishments, food store establishments, hotels, restaurants – type 1, restaurants – type 2, specialty food store, indoor commercial recreation, performance entertainment venue and cultural facility. Any other use of the 55 uses listed in the underlying zoning district as either Permitted Use or Special Use is not allowed. As a result some existing uses such as governmental institutions (Evanston North Branch Library), or financial institutions (Chase Bank) are deemed nonconforming and would not be permitted to relocate anywhere along the Corridor. There are a number of other uses, such as convenience store, office use, daycare center, etc. that are allowed by the underlying zoning districts (B1a, O1 or C2) which may be appropriate, compatible and desirable ground floor uses along Central Street, but were left off of the list of allowable Active Ground Floor Uses. Automobile Service Station, for example, is a use specifically added as an allowable Permitted Use in Subarea 6 by the Overlay District, but it is not listed as an Active Ground Floor Use. Since Automobile Service Stations only locate on ground floors, this is an apparent oversight in the Overlay District regulations. 316 of 357 4 | Page Staff recommends increasing the number of allowable Active Uses for ground floors of commercial areas in the Central Street Overlay District. The table below includes a list of proposed additional Active Uses. All proposed uses are currently allowed by the underlying zoning districts B1a, O1 or C2 and represent a selective list of uses that may be desirable and compatible with the existing character of Central Street Corridor. Following the meetings with the stakeholder groups and the Zoning Committee meeting, the proposal was revised to include most new uses as Special Use to allow additional review by the Zoning Board of Appeals and the City Council. Office and Financial Institution uses are now listed as Special Use along Central Street (Subareas 3, 4, 5 and 6) but Permitted Use along Green Bay Road (Subarea 7) although they are allowed as Permitted Use in other commercial districts throughout the City. Additionally, based on the stakeholder feedback, the educational institutions, both public and private, are being proposed as Special Use rather than a Permitted Use as they are allowed in other B and C districts throughout the City.   Allowed in:  B1A (Subareas  4, 5 and 6) O1 (Subarea 3) C2 (Subarea 7)  Current Active Uses:        retail goods establishments P P P  retail service establishments P P P  food store establishments P   P  hotels   P S  restaurants type 1 P P P  restaurants type 2 S   S  specialty food store        indoor commercial recreation S S S  performance entertainment venue S S S  cultural facility S S S           Proposed Additional Active Uses:        Dormitory   S    Automobile body repair establishment.     S  Automobile repair service establishment.     S  Automobile Service Station S   P  Animal Hospital S   P  Artist's Studios and accessory dwelling units  (provided the accessory dwelling unit shall  not front upon any street) P      Convenience Store S   S  Daycare Center ‐ Adult S      Daycare Center‐Child S S    317 of 357 5 | Page Daycare Center ‐ Domestic Animal S   S  Resale Establishment S   S  Educational Institution ‐ Private S   S  Educational Institution ‐ Public S   S  Financial Institution  S S P  Government Institution P P P  Office  S S P  Dwelling‐Multiple Family S S S  Micro‐Distillery S   S  P-Permitted Use; S-Special Use Proposed uses listed as Special Use must be approved through Special Use approval process by the City Council. The City reviews special use applications on a case by case basis based on their location and specific proposal to make sure such uses are compatible with surrounding properties. For example, a small-scale wine distillery with a wine shop and tasting room in the front may be appropriate and desirable in certain locations of the Corridor, while other proposals for a larger scale distillery focusing more on production rather than retail sales may not be appropriate and could be denied. Site Development Allowances Per Section 6-15-14-10 no Site Development Allowances are currently permitted for Planned Developments within the Central Street Overlay District. The proposed text amendment would permit the Plan Commission and City Council to consider site development allowance requests except for increases in height, FAR and density (number of dwelling units). Section 6-15-14-10 is not consistent with the intent of the Planned Development regulations. Planned Developments are a type of special use that is intended to encourage the efficient use of land and resources, promote greater efficiency in public and utility services and encourage innovation in the planning and building of all types of developments. Through Planned Development review, Staff, the Plan Commission and the City Council can evaluate all developments to make sure the projects are compatible with surrounding uses and developments and are consistent with the Central Street Master Plan. Often times a potential development which complies with strict rules of the zoning ordinance may be less desirable, incompatible with older surrounding development. In such cases, Site Development Allowances can be used to mitigate the impact of the development on surrounding uses to provide maximum public benefits. Any new development over 20,000 square feet in area must be processed as Planned Development. While developments less than 20,000 square feet in area can request approval of zoning variations, such variations from Code cannot be processed for Planned Developments (Site Development Allowances). The proposal would allow the same review of Planned Developments as is the case throughout the City. 318 of 357 6 | Page The proposed text amendment affords the City larger control over the quality of projects to assure they are compatible with the overall character of existing development along Central Street and are consistent with the Master Plan. Standards of Approval The proposed Zoning Ordinance Text Amendment meets the standards for approval of amendments per Section 6-3-4-5 of the City Code. The proposal is consistent with the Comprehensive General Plan’s principles to encourage new development that improves the economy and attractiveness of the City while simultaneously working to maintain a high quality of life within the community. The proposal will allow new uses and developments along Central Street that are compatible and integrated within the existing neighborhood, promote walkable environment and enhance the unique character of the area. Furthermore, the proposal will improve the zoning regulations that apply to the District to better align them with the goals and objectives of the Central Street Master Plan. This will assure new uses and developments preserve the existing character and scale of developments along Central Street and sustain and enhance the corridor as a location for diverse, unique, small scale pedestrian oriented retail shops, services and restaurants. The proposed text amendment will not have any adverse effects on the values of the properties in the area because it uniformly applies to the entire Central Street Corridor. Recommendation Staff believes the proposed text amendment to modify certain portions of the Central Street Overlay District meets the standards of approval as outlined above. Staff recommends the Plan Commission make a positive recommendation to the City Council regarding for the proposed text amendment. Attachments • Modifications to the Central Street Overlay District Regulations (Section 6-15-14 of the Municipal Code) • The map of subareas of the Central Street Overlay District • The zoning map of the Central Street Overlay District 319 of 357 1    • 6-15-14. - oCSC CENTRAL STREET CORRIDOR OVERLAY DISTRICT. • 6-15-14-1. - PURPOSE STATEMENT. The oCSC district is intended as a primary means to implement the recommendations contained in the Central Street Master Plan (2007). The geographical scope of the plan extended the length of Central Street from Gross Point Road in the west to Ridge Avenue in the east, and includes intersecting portions of Gross Point Road, Crawford Avenue and Green Bay Road. Specifically, this overlay district seeks to: (A) Preserve existing character and scale. (B) Encourage a healthy mix of uses along the corridor; preserve independent and unique uses. (C) Sustain and enhance the corridor as a location for diverse, unique, small scale, pedestrian oriented retail shops, services, and restaurants. (D) Encourage retail uses close to transit. (E) Allow a wide, consistent sidewalk width. (F) Ensure wider, landscaped parkways as a transition between retail frontages and residential side streets. (G) Provide improved sightlines for motorists. (H) Ensure consistent building placement and create a pedestrian friendly and human scaled "street wall." (I) Articulate buildings and reduce the perceived height and mass of new development by using building stepbacks at upper stories. (J) Establish new sidewalk standards for improved sidewalk widths, sightlines, and streetscapes. (K) Encourage buildings with clearly defined bases, middles, and tops. (L) Allow the intuitive identification of storefronts through the use of appropriate store windows and fenestration for retail and mixed use buildings. (Ord. 5-0-08) • 6-15-14-2. - APPLICATION OF THE DISTRICT. Any property that comes to be located within this district shall retain its original zoning district designation, and shall gain the additional designation of the oCSC district. The provisions of this Section 6-15-14 shall serve as a supplement to the zoning district regulations of the underlying district. Where a conflict exists between the provisions of 320 of 357 2    this Section 6-15-14 and those of the underlying zoning district, the provisions of this overlay district shall control. (Ord. 5-0-08) • 6-15-14-3. - DESIGNATION OF OVERLAY DISTRICT. The Central Street corridor overlay district shall be designated by the City Council and shown as an overlay to the underlying districts with the designation "oCSC" on the City zoning map. (Ord. 5-0-08) • 6-15-14-4. - SUBAREAS. (A) Purpose: The Central Street corridor overlay district contains seven (7) subareas that allow the district to be tailored to the needs and existing conditions of different areas along the corridor. (B) Subareas Defined: The following subareas are defined as part of the Central Street corridor overlay district: Subarea 1; multi-family residential A: This subarea is based on properties having a base zoning district of R4. Subarea 2; multi-family residential B: This subarea is based on properties having a base zoning district of R5. Subarea 3; office: This subarea is based on properties having a base zoning district of O1. Subarea 4; mixed use A: This subarea is based on neighborhood commercial properties having a base zoning district of B1a. Subarea 5; mixed use B: This subarea is based on commercial properties having a base zoning district of B1a. Subarea 6; Gross Point/Crawford mixed use: This subarea is based on properties surrounding the intersection of Gross Point Road, Crawford Avenue, and Central Street, having a base zoning district of B1a. Subarea 7; Green Bay commercial: This subarea is based on properties along Green Bay Road having a base zoning district of C2. (C) Subarea Designation: Subareas will be designated by the City Council and shown on the City zoning map or on a separate detail map that is indicated and referenced on the City zoning map. Subareas shall be indicated by appending the subarea number to the overlay district designation: oCSC-1 through oCSC-7. 321 of 357 3    (Ord. 5-0-08) • 6-15-14-5. - ADDITIONAL USES. (A) Uses listed under "additional permitted uses" in Table 1 of this Section shall be permitted in the oCSC district, in the indicate subarea. These uses are in addition to those permitted in the base zoning district. (B) Uses listed under "additional special uses" in Table 1 of this Section may be allowed in the oCSC district in the indicated subarea subject to the general provisions set forth in Section 6-3-5 of this Title, and the special provisions contained herein. TABLE 1: ADDITIONAL USES Subarea Additional Permitted Uses Additional Special Uses 1 None None 2 None None 3 Retail goods establishment (on ground floor only) Retail services establishment (on ground floor only) Specialty Food Store Commercial indoor recreation Cultural facility Dormitory Performance entertainment venue 4 None Specialty Food Store Commercial indoor recreation Cultural facility Performance entertainment venue 5 None Specialty Food Store Commercial indoor recreation Cultural facility Performance entertainment venue 6 Automobile service station Specialty Food Store Commercial indoor recreation Cultural facility Performance entertainment venue Comment [LD1]: It’s listed as an Active Ground  Floor Use, but it is not allowed anywhere.  Comment [LD2]:   Already allowed as a Special Use in B1a  322 of 357 4    Subarea Additional Permitted Uses Additional Special Uses 7 None Specialty Food Store Commercial indoor recreation Cultural facility Performance entertainment venue (Ord. 5-0-08) • 6-15-14-6. - PROHIBITED USES. Uses shown in Table 2 of this Section shall be prohibited in the indicated subarea. This prohibition supersedes any permitted uses identified in the base zoning district. TABLE 2: PROHIBITED USES Subarea Prohibited Uses 1 2 3 Drive-through facility 4 Drive-through facility 5 Drive-through facility 6 Drive-through facility (except at 2628 Gross Point Road per Ordinance 69-O-12 7 Drive-through facility Formatted Table 323 of 357 5    (Ord. 5-0-08) • 6-15-14-7. - ACTIVE GROUND FLOOR USES. In subareas 3, 4, 5, 6 and 7, active uses shall occupy the ground floor level for a minimum depth of fifty (50) feet along the primary street frontage. "Active uses" are hereby defined in the table below along with the matter in which they are allowed in each subarea as either Permitted Use “P” or Special Use “S”: as retail goods establishments, retail service establishments, food store establishments, hotels, restaurant - type 1, restaurant - type 2, specialty food store, indoor commercial recreation, performance entertainment venue, cultural facility. Allowed in: Uses: B1A (Subareas 4, 5 and 6) O1 (Subarea 3) C2 (Subarea 7) Current Active Uses: retail goods establishments P P P retail service establishments P P P food store establishments P P hotels P S restaurants type 1 P P P restaurants type 2 S S specialty food store indoor commercial recreation S S S performance entertainment venue S S S cultural facility S S S Proposed Additional Active Uses: Dormitory S Automobile body repair S Comment [LD3]: For clarification purposes the  table for now lists existing and proposed uses  324 of 357 6    establishment. Automobile repair service establishment. S Automobile Service Station S P Animal Hospital S P Artist's Studios and accessory dwelling units (provided the accessory dwelling unit shall not front upon any street) P Convenience Store S S Daycare Center - Adult S Daycare Center-Child S S Daycare Center - Domestic Animal S S Resale Establishment S S Educational Institution - Private S S Educational Institution - Public S S Financial Institution S S P Government Institution P P P Office S S P Dwelling-Multiple Family S S S Micro-Distillery S S (Ord. 5-0-08) • 6-15-14-8. - BUILDING HEIGHT. (A) Maximum Building Height: The maximum building height in the oCSC district, without bonuses, is shown under "maximum building height (the shorter of)" in Table 3, "Building Height," of this Section in both feet and number of stories. The maximum height is the shorter of the two. TABLE 3: BUILDING HEIGHT 325 of 357 7    Subarea Maximum Building Height (The Shorter Of) Transitional Height Plane1 10% Required Stepback Feet Stories 1 35 2.5 None None 2 45 4 R1, R2, R3, R4 None 3 52 5 R1, R2, R3, R4 3rd story and above 4 35 3 R1, R2, R3, R4 10%: 2nd story and above 15%: 3rd story and above C), 2 2 5 45 4 R1, R2, R3, R4 2nd story and above 6 45 4 R1, R2, R3, R4 3rd story and above 7 45 4 R1, R2, R3, R4 3rd story and above Notes: 1. Applies to properties adjacent to the districts listed. 2. See Subsection (C) of this Section, regarding the location of the additional 15 percent setback. (B) Transitional Height Plane: A transitional height plane shall apply in those subareas as indicated under "transitional height plane" in Table 3 of this Section, for properties adjacent to or abutting the districts listed. See Chapter 18 of this Title for details on determining the transitional height plane. This height plane shall be used in place of any transitional height plane height restricting device required by the base district zoning code (for example, the O1 district, Section 6-15-2-9 of this Chapter). (C) Required Stepback: As indicated under "10% required setback" in Table 3 of this Section, a setback from the required pedestrian area of ten percent (10%) of the lot 326 of 357 8    width or depth, as applicable, or five (5) feet whichever is greater, is required for upper stories, with a minimum setback of five (5) feet. Ten percent (10%) of the lot depth or five (5) feet, whichever is greater, of the lot depth is required for building front stepback. Ten percent (10%) of the lot width or five (5) feet, whichever is greater, of the lot width is required for building side stepbacks. 1. An additional stepback of fifteen percent (15%) of the lot depth or width from the required pedestrian area is required for 3rd Story and above in subarea 4 from Hartrey Street in the west to the north leg of Prairie Avenue in the east. 2. Buildings with front or side facades of seventy-five (75) feet or more are required to meet this requirement for sixty-five percent (65%) of the second floor front or side facade. Buildings with front or side facades less than seventy-five (75) feet must meet this requirement for one hundred percent (100%) of the second floor front or side facade. The requirements must be met for one hundred percent (100%) of the front or side facade for the third story and above. 3. Stepbacks are required only for building facades that are adjacent to street rights of way. (D) Prohibition Of Sheet Walls: No more than twenty-five (25) feet of width of any building facade shall from a "sheer wall" from ground level to the topmost floor. A "sheet wall" is defined as a vertical unbroken plane of facade that is unarticulated in depth. (Ord. 5-0-08) • 6-15-14-9. - FLOOR AREA RATIO. (A) The maximum floor area ratio in the oCSC district without bonuses is shown by subarea under "maximum FAR without bonuses" in Table 4 of this Section. (B) The maximum floor area ratio in the oCSC district with bonuses is shown by subarea under "maximum FAR with bonuses" in Table 4 of this Section. TABLE 4: MAXIMUM FAR Subarea Maximum FAR Without Bonuses Maximum FAR With Bonuses 1 None None 2 None None Formatted: Superscript Comment [LD4]: This section is moved to 6‐15‐ 14‐15  Formatted Table 327 of 357 9    Subarea Maximum FAR Without Bonuses Maximum FAR With Bonuses 3 1.4 2.0 4 1.4 2.0 5 1.4 2.0 6 1.4 2.0 7 1.0 2.0 (Ord. 5-0-08) • 6-15-14-10. - SITE DEVELOPMENT ALLOWANCES. Sections 6-3-6-5 and 6-3-6-6 and Subsections 6-8-1-10(C), 6-9-1-9(C) and 6-10-1-9(C) of this Title, and Subsection 6-15-1-9(C) of this Chapter notwithstanding, Ssite development allowances for any overall building height increase, FAR increase or density (number of dwelling units) increase for planned developments in the oCSC district are not permitted. in the oCSC district. (Ord. 5-0-08) • 6-15-14-11. - DEVELOPMENT BONUSES. Floor area ratio (FAR) bonuses are available and may be approved for developments in the subareas identified in Table 5, "Development Bonuses," of this Section: TABLE 5: DEVELOPMENT BONUSES 328 of 357 10    Subarea Extra Parking Underground Parking 1 2 3 Available 4 Available Available 5 Available Available 6 Available Available 7 Available (A) Bonus For Extra Parking: 1. Bonus Formula: A floor area bonus may be approved for qualifying parking in excess of that required, in accordance with the following standards: Bonus FAR = [(number of qualified parking spaces in excess of requirement × 350 square feet)/lot area] × 0.40 2. Design Standards And Guidelines: A parking space is qualified if it meets the following standards: (a) It is located on site, specifically identified in the development plan, and legal text indicating that the parking space shall be made available to the general public regardless of whether they are visiting any of the on- site uses shall be recorded with the property deed. (b) It is in excess of the number of on- site spaces required by the zoning ordinance. (c) It is made available for use to the general public, as well as to on- site users. 329 of 357 11    (d) If parking spaces are posted as available for a limited time per user, the time period available to general public users shall not be less than the time period for on- site users. (e) Aboveground parking garages must be concealed from public view. (f) Pedestrian access to the garage must be provided from the public sidewalk. (B) Bonus For Underground Parking: 1. Bonus Formula: A floor area bonus may be approved for qualifying underground parking in subareas as shown under "underground parking" in Table 5 of this Section, in accordance with the following formula: Bonus FAR = [(number of qualified underground parking spaces × 350 square feet)/lot area] × 0.20 2. Standards And Guidelines: An underground parking space is qualified if it meets the following standards: (a) Parking spaces must be located entirely below the lowest grade level of any adjacent street frontage. (b) Parking spaces must comply with all parking dimension and access requirements. (c) Vehicular access to the parking garage must be located off an alley. (Ord. 5-0-08) • 6-15-14-12. - PEDESTRIAN AREA REQUIREMENTS. (A) Location: A pedestrian area shall be located between the front facade of all buildings and the curb along Central Street, Green Bay Road, Gross Point Road and Crawford Avenue and along all intersecting streets for properties occupied by nonresidential uses. Each pedestrian area shall consist of two (2) zones parallel to the curb: a sidewalk clear zone and a parkway/street furniture zone. In addition to satisfying all setback and required yard requirements of the underlying zoning district, each subarea zone shall have a minimum width of the Pedestrian Area as specified in Table 6, "Pedestrian Area Requirements," of this Section. TABLE 6: PEDESTRIAN AREA REQUIREMENTS Comment [LD5]: Elimination of the multiplier  will allow more appropriate bonuses in FAR when  considered with the amount of parking provided  that meets the criteria for the bonus. But maximum  FAR per table above cannot be exceeded.  Comment [LD6]: See new (H) below  330 of 357 12    Subare a Minimum Width Along Central, Green Bay, Gross Point, Crawford Minimum Width Along Side Street Frontage (A) Clear Zone (B) Parkwa y/Street Furnitur e Zone (C) Minimum Pedestria n Area Width ((A) + (B)) (D) Clear Zone (E) Parkway/Street Furniture Zone (F) Minimum Pedestrian Area Width ((D) + (E)) 1 5 feet 9 feet 14 feet 5 feet 9 feet 14 feet 2 5 feet 9 feet 14 feet 5 feet 9 feet 14 feet 3 8 feet 6 feet 14 feet 10 feet 10 feet 20 feet 4 8 feet 6 feet 14 feet 10 feet 10 feet 20 feet 5 8 feet 6 feet 14 feet 10 feet 10 feet 20 feet 6 15 feet 15 feet 30 feet 15 feet 15 feet 30 feet 7 8 feet 6 feet 14 feet 10 feet 10 feet 20 feet 331 of 357 13    (B) Sidewalk Clear Zone Requirements: 1. The sidewalk clear zone shall be a minimum width as specified in Table 6 of this Section, shall be located immediately contiguous to the parkway/street furniture zone and shall be continuous. 2. This zone shall be hardscape, and shall be unobstructed for a minimum height of eight (8) feet. 3. Building entryway doors shall not open in a manner that causes them to swing into or in any way obstruct the sidewalk clear zone. (C) Parkway/Street Furniture Zone Requirements: The parkway/street furniture zone shall have a minimum width as specified in Table 6 of this Section. This zone shall be located immediately adjacent to the curb and shall be continuous. This zone shall be landscaped or hardscaped, and may be used for the placement of trees, street furniture, benches, waste receptacles, fire hydrants, traffic signs, newspaper vending boxes, bus shelters, bicycle racks and similar elements in a manner that does not obstruct pedestrian access or motorist visibility. (D) Vehicle Sightlines And Visibility: Nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede visibility within visibility triangles at street intersections between the heights of two and one-half (2 1/2) feet and eight (8) feet above grade. (E) Utilities: Every commercially reasonable effort shall be made to place utilities underground or to the rear of structures to allow for unobstructed use of sidewalks. (F) Relationship Of Building To Pedestrian Area: Each building with at least one (1) facade adjacent to the pedestrian area shall have a pedestrian entrance located on the ground floor of that facade and opening directly onto the pedestrian area. Such entrance shall be unlocked and accessible during business hours. (G) Optional Sidewalk Setback Area: Buildings may be set back an additional distance up to ten (10) feet from the sidewalkPedestrian Area. The resulting area between the front facade and the sidewalk may be used for landscaping, seating, public art, street furniture, outdoor dining, outdoor display of merchandise during business hours, or other similar uses, provided they are permissible for that location otherwise. (H) The Front Yard and Street Side Yard requirements by the Underlying Zoning District in Subareas 3, 4, 5, 6 and 7 is hereby replaced with the Pedestrian Area requirement and does not have to be satisfied. (Ord. 5-0-08) • 6-15-14-13. - MINIMUM BICYCLE PARKING REQUIREMENTS. Comment [LD7]: Clarifies the intent of the  Master Plan to have consistent building “shopping  wall” in commercial areas.  332 of 357 14    (A) All nonresidential developments which provide automobile parking facilities shall provide bicycle parking facilities (bike racks) at a ratio of at least one (1) bicycle parking space for every ten (10) automobile parking spaces. (B) Multi-family developments shall provide said interior bicycle parking facilities for building residents at a ratio of at least one bicycle parking space for every five (5) one and one-half (1.5) multi-family units. Such bicycle parking facilities must be provided near the building entrance accessible to the street. Multi-family developments shall also provide bicycle parking facilities for visitors/public at a ratio of at least one bicycle parking space for every ten (10) automobile parking spaces provided and shall meet the location criteria under subsection (D) of this section. (C) No development, except a one- or two-family development, shall have fewer than three (3) bicycle/moped parking spaces nor be required to exceed a maximum of ten (10) such spaces. (D) Bicycle parking spaces facilities for nonresidential developments and bicycle parking facilities provided for the visitors/public shall be located within the parkway/street furniture zone a maximum distance of fifty (50) feet from the building entrance, or shall be located at least as close as the closest automobile space. (E) Each space bicycle parking facility shall include a metal anchor sufficient to secure the bicycle frame when used in conjunction with a user supplied lock. (Ord. 5-0-08) • 6-15-14-14. - FENESTRATION. (A) Ground level retail and officenonresidential uses that face a public way shall provide a minimum linear fenestration of sixty-five percent (65%), measured along the length of the street frontage. Corner buildings shall continue such fenestration around the corner of the building for at least forty (40) feet or the length of the building, whichever is shorter. (B) Qualifying frontage shall meet the following conditions: 1. Lower edge of lite (sill) is no higher than three (3) feet above grade. 2. Upper edge of lite (header) is no lower than ten (10) feet above grade. (C) Fenestration shall utilize clear glass. Painted glass, reflective glass or other similarly treated or opaque windows are not eligible. Entrances with glass elements may be counted towards fenestration requirement, as long as qualifying fenestration extends above the entrance to the minimum height specified above. (Ord. 5-0-08) Comment [LD8]: This is a new requirement  consistent with the current trend of alternative  transportation needs and the Bikeplan Update.  333 of 357 15    • 6-15-14-15. - BUILDING FACADE ARTICULATION. For all building facades facing public streets: (A) The length of facade without intervening fenestration or entryway shall not exceed twenty (20) feet. (B) Building floors from ground level to third story above ground level shall be delineated through the use of windows, belt courses, cornice lines or similar architectural detailing. (C) Facades wider than twenty-five (25) feet shall be vertically articulated to give the appearance of being composed of multiple buildings. Such articulation shall be accomplished by using projections, recesses, material changes, parapets, cornices, varying roof heights/lines, or other similar architectural features. (D) Prohibition Of Sheet Walls: No more than twenty-five (25) feet of width of any building facade shall form a "sheet wall" from ground level to the topmost floor. A "sheet wall" is defined as a vertical unbroken plane of facade that is unarticulated in depth. (Ord. 5-0-08) • 6-15-14-16. - ALLEY ACCESS. New nonresidential or mixed use construction in the oCSC overlay district on zoning lots that abut a public alley narrower than eighteen (18) feet in width must provide a clear area immediately abutting and parallel to the public alley extending to a depth of eighteen (18) feet from the opposite edge of the existing alley. This area may not be used for parking and is to remain free of all obstructions, including, but not limited to, fences, posts, bollards, retaining walls, dumpsters, garbage cans, etc. Relief from this requirement based on exceptional site conditions or other practical difficulties may be granted by approval of the Zoning Administrator and the director of public works.   334 of 357 335 of 357 336 of 357 www.cityofevanston.org DISCLAIMER: This map and data are provided as-in without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information Scale 1:8,799 Made with Evanston's GIS Printed: Sep 11, 2014 12:05:09 PM337 of 357 www.cityofevanston.org DISCLAIMER: This map and data are provided as-in without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information Scale 1:8,799 Made with Evanston's GIS Printed: Sep 11, 2014 12:09:56 PM338 of 357 For City Council meeting of November 24, 2014 Item P5 Ordinance 120-O-14: Special Use for a Daycare Center-Child at 1909-11 Howard 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 120-O-14, Granting a Special Use for a Daycare Center-Child at 1909-1911 Howard Street Date: November 13, 2014 Recommended Action The Zoning Board of Appeals and City staff recommend adoption of Ordinance 120-O- 14 granting a special use permit for a Daycare Center-Child in the C1 Commercial District. The applicant has complied with all other zoning requirements, and meets all of the standards for a special use for this district. In response to a request at the October 13, 2014 P&D meeting, the applicant has now provided a Letter of Intent outlining the proposed tenant lease that commenced September 1, 2014 (attached) and will terminate August 19, 2019 with an option to renew. Summary 1909-1911 Howard Street is located on the northwest corner of Howard Street and Dodge Avenue in the C1 Commercial District. The property is surrounded by similar commercial uses on Howard Street and single family residences to the north. The unit in question is located along the west side of the property, adjacent to the alley, and was previously CW Quality Cleaners. The applicant proposes to operate A Step By Step Learning Academy, a Daycare Center-Child, at 1909-1911 Howard Street. A Step By Step Learning Academy will operate as a daycare center for children two months to three years in age. The applicant currently operates an in-home daycare at 2122 Dobson Street. At full capacity, the proposed daycare center will care for 28 children at any given time: up to Memorandum 339 of 357 12 infants/toddlers and 16 two-three year olds. Three employees will work with the infants/toddlers and two employees will work with the two to three year olds. A Step By Step Learning Academy anticipates operating from 6:30 a.m. to 6:30 p.m. during the week. The daycare center proposes to use the parking lot at the rear of the building for drop-offs and pick-ups. The daycare center will have 8-10 of the 17 total parking spaces available for their use. Drop-off traffic will be heaviest between 6:30-8 a.m., when the other two businesses on the property, a nail salon and the Vet Center, are not yet open. Pick-up will be heaviest between 5:30-6:30 p.m., when the Vet Center is typically closed. The applicant anticipates pick-ups and drop-offs will not overload the parking lot since many of the children are siblings who share rides, and because clients typically arrive at staggered times. In the event all parking spaces are full, pick-ups and drop-offs will utilize the area between the parking spaces and the alley just west of the building (see site plan). Pick-ups and drop-offs will not occur on Howard Street, Dodge Avenue, or the alley. The daycare center will utilize the safe passage route of Howard to Dodge Avenue to Brummel Street to visit Brummel-Richmond Park for outdoor play time. There will also be a 480 square foot indoor play area available. The facility will be licensed by the Illinois Department of Child and Family Services (DCFS). 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 provide a needed service and utilize a vacant storefront. Comprehensive Plan The Evanston Comprehensive General Plan encourages the utilization of vacant storefronts to encourage strong business districts and economic revitalization. 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. A Step By Step Learning Academy will utilize a vacant storefront and encourage economic stability in the Howard Street corridor. Legislative History September 23, 2014: The ZBA recommended unanimous approval of the special use permit for a Daycare Center-Child with the following conditions: 1. Employees cannot park on the street. 2. Hours of operation: 6 a.m. to 9 p.m. 340 of 357 Attachments Proposed Ordinance 120-O-14 September 23, 2014 ZBA Draft Meeting Minutes ZBA Findings Letter of Intent September 23, 2014 ZBA Packet: http://www.cityofevanston.org/assets/ZBA%20packet%2009.23.14.pdf 341 of 357 9/30/2014 11/13/2014 120-O-14 AN ORDINANCE Granting a Special Use Permit for a Child Daycare Center Located at 1909 – 1911 Howard Street in the C1 Commercial District (“A Step By Step Learning Academy, Inc.”) WHEREAS, the Zoning Board of Appeals (“ZBA”) met on September 23, 2014, pursuant to proper notice, to consider case no. 14ZMJV-0111, an application filed by Joy Shumate, lessee of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 1909 – 1911 Howard Street (the “Subject Property”) and located in the C1 Commercial District, for a Special Use Permit to establish, pursuant to Subsection 6-10-2-3 of the Evanston City Code, 2012, as amended (“the Zoning Ordinance”), a Child Daycare Center, “A Step By Step Learning Academy, Inc.,” 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 Child Daycare Center 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 meetings of October 13, 2014 and November 24, 2014, the Planning and Development Committee of the City Council (“P&D Committee”) received input from the public, carefully considered and adopted the findings and recommendations of the ZBA in case no. 14ZMJV-0111; and 342 of 357 120-O-14 ~2~ WHEREAS, after the October 13, 2014 meeting of the P&D Committee, the Applicant submitted an amended application, inclusive of a letter of intent by the Subject Property owner for the commercial lease of said Subject Property; and WHEREAS, at its meetings of November 24, 2014, the P&D Committee received input from the public, carefully considered the amended application, amended and adopted the applicable findings and recommendations of the ZBA’s recommendation and approve the amended application in case no. 14ZMJV-0111; and WHEREAS, at its meeting of November 24, 2014 and December 8, 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 Child Daycare Center on the Subject Property as applied for in case no. 14ZMJV- 0111. 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. 343 of 357 120-O-14 ~3~ B. Hours of Operation: The Applicant shall operate the Child Daycare Center authorized by this ordinance only between the hours of 6:00 a.m. and 9:00 p.m. on any given day. D. Employee Parking: Employees shall not park on the street during hours of operation. E. Recordation: Before it may operate the Special Use authorized by the terms of this ordinance, the Applicant shall record, at its cost, a certified copy of this ordinance with the Cook County Recorder of Deeds. SECTION 4: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 8: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2014 Approved: 344 of 357 120-O-14 ~4~ Adopted:___________________, 2014 __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 345 of 357 120-O-14 ~5~ EXHIBIT A LEGAL DESCRIPTION LOT 1 IN BLOCK 1 IN OLIVER SALINGER AND COMPANY’S SECOND HOWARD STREET ADDITION, IN THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 25, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. THE WEST 125 FEET OF THE EAST 158 FEET OF THE NORTH 40 FEET OF THE SOUTH 2.572 CHAINS OF THE EAST 19.43 CHAINS OF THE NORTHWEST ¼ OF SECTION 25, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PINs: 10-25-113-045-0000 COMMONLY KNOWN AS: 1909 – 1911 Howard Street, Evanston, Illinois. 346 of 357 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) 347 of 357 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. 348 of 357 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. 349 of 357 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. 350 of 357 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 6-10-2-3 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 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-0111 Address or Location: 1909-1911 Howard Street Applicant: Joy Shumate Proposed Special Use: Daycare Center-Child, A Step By Step Learning Academy, in C1 District 351 of 357 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. Employees are not to park on the street 2. Hours of operation fall between 6 a.m. and 9 p.m. _____ denial of the proposed special use. __________________________________________ Date: _____________ Matt Rodgers Zoning Board of Appeals Chair 352 of 357 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 _____ ____ 353 of 357 INSITE COMMERCIAL REALTY Commercial Lease Term Sheet 1. Premises: 1907-09 W. Howard Street, Evanston, IL 2. Size: Approximately 2,100 square feet (30' wide by 70' deep) 3. Tenant: A Step by Step Learning Academy, Inc. 4. Landlord: Sam Callas 5. Use of Premises: Learning Center/Day Care for infants and toddlers ages 6 weeks to three years 6. Occupancy Date: May 15, 2014, or sooner 7. Lease Commencement Date: September 1, 2014 8. Initial Term: Five (5) years 9. Termination Date: August 31, 2019 10. Renewal Options: Three (3) five-year options 11. Rent: $3,000/month gross 12. Escalations: 3% annually 13. Rent Schedule - Initial Term Period Monthly Rent (rounded) 9/1/14 - 8/31/15 $3,000.00 9/1/15 - 8/31/16 $3,090.00 9/1/16 - 8/31/17 $3,185.00 9/1/17 - 8/31/18 $3,280.00 9/1/18-8/31/19 $3,375.00 14. Security Deposit: One month's rent ($3,000). Deposit and first month's rent (total of $6,000) due upon signing of Lease 15. Utilities: Tenant responsible for its own water, electricity and gas usage, all metered separately 16. Parking: Two (2) reserved spaces at southwestern end of parking lot, immediately in back of Premises 17. Landlord Improvement - see attached Schedule "A" 916 Main Street, Suite #1 Evanston, IL 60202 312.203.3199 ross(5)lnsiteCommerclalRea ltv.com vtfw/w.lnSiteCommercialRealtv.com 354 of 357 18. Access: Tenant shall have access to the parking lot and Premises 24/7 19. Tenant Improvements - see attached Schedule "B" * 20. Signage: At Tenant's expense, Identification of business on awning in front of building. Awning to be delivered cleaned and painted. Tenant artwork to be approved by Landlord, whose approval shall not be unreasonable withheld 21. Right of first refusal on additional space in building: Tenant to be notified if/when another space in the building is known to be available, and have the right of first refusal on leasing the additional space on terms similar to those in the lease proposed here Agency: It is acknowledged that InSite Commercial Realty (Broker) is the only broker involved in the proposed transaction, and that Broker shall be compensated as per its existing Listing Agreement with the Landlord. The terms and conditions of any Lease Agreement between Tenant and Landlord shall be consistent with the business points outlined herein. The parties acknowledge and agree that they have not attempted in this letter to set forth all essential terms and such terms will be included in the Lease Agreement. THE PARTIES ACKNOWLEDGE THAT IN NO EVENT WILL THIS LETTER BE CONSTRUED AS AN ENFORCEABLE CONTRACT TO LEASE THE PREMISES UNLESS AND UNTIL A LEASE AGREEMENT HAS BEEN EXECUTED BY BOTH PARTIES. Kindly review this Term Sheet and, if acceptable, provide your acceptance in the spaces provided below. Landlord will then prepare a Lease Agreement for review. Ross Goldstein, Managing Broker LANDLORD TENANT A Step by Step Learning Academy, Inc. Sam Callas Its: Date: 916 Main Street, Suite #1 Evanston, IL 60202 312.203.3199 rosstainsiteCommercialRealtv.com yvww.lnSiteConimer<;i^lRe9ltV.<:onR 355 of 357 Commercial Lease Term Sheet -1907-09 Howard Street, Evanston, IL Sam Callas (Landlord) and Joy Shumate (Officer of Tenant) Schedule A - Landlord Improvements 1. Heating and Air Conditioning - two (2) rooftop unit(s) 2. Plumbing - build out of Adult Washroom as per feasibility plan (attached) and regulatory requirements 3. Doors (2 in back, 2 in front) - all doors to be delivered in good working order with new locks and keys 4. Windows - Delivered clean and free of any tape or other adhesives 5. Condition of space - Space to be delivered in broom-clean condition (floors and windows) without any leaks from roof 6. Awning - Exterior awning to be cleaned and painted 7. Building - brought up to code a) Rear of building: Paint to be removed, leaving only brickwork b) Rear of building: Gutter fixed, should be on the other side of the door c) Inside building: all wires are capped d) Front of building: all lights under canopy in front to be in working order 8. Landlord Improvements to be completed by July 1, 2014 Schedule B - Tenant improvements 1. Build-out of two (2) Classrooms 2. Build-out of one (1) Children's Washroom 3. Build-out of one (1) Storage Closet 4. Build-out of Kitchenette area in rear of space (to include counter, 3-sink basin. Janitor's Closet, etc.) 5. Build out of one (1) Office AGREED: A Step by Step Learning Academy, Inc. Sam Callas, Landlord Joy Shumate, President Date: Date: 916 Main Street, Suite #1 Evanston, IL 60202 312.203.3199 ross@ InsiteCommercial Rea Ity.com wwv\/.lnSiteCommercialRealtv.com 356 of 357 For Planning and Development Committee meeting of November 24, 2014 Item PD1 Implementation of West Evanston Plan For Discussion To: Members of the Planning and Development Committee From: Johanna Nyden, Economic Development Manager Lorrie Pearson, Planning and Zoning Administrator Subject: Presentation on the Implementation of the West Evanston Plan Date: October 30, 2014 Discussion: In May 2007, City Council adopted the West Evanston Master Plan, which covered an area of primarily vacant or underutilized industrial properties, the former Mayfair railroad right-of-way and embankment, and the adjacent Church/Dodge commercial district. The plan set forth five guiding principles: Principle 1: Reconnect the Community by addressing the barrier created by the former Mayfair railroad right-of-way. Principle 2: Maintain the Green Character of the Community by including front yards, wide parkways, and small parks in new development. Principle 3: Increase the Walkability of the existing neighborhood and new development with wide sidewalks and parkways and improvements to streetscape in commercial areas. Principle 4: Provide a Lifecycle of Housing Choices to include a mix of housing types and affordable housing. Principle 5: Provide Feasible Neighborhood-Scaled Commercial Space to encourage neighborhood-serving businesses. Since the adoption of the plan, many steps have been made toward achieving these principles. Staff will provide a presentation on the steps taken, which include revising the zoning ordinance, making streetscape improvements, and encouraging new businesses and housing development. Memorandum 357 of 357