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01.27.14 Packet
CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, January 27, 2014 Administration & Public Works (A&PW) Committee meets at 6:00 p.m. Planning & Development (P&D) Committee meets at 7:15 pm City Council meeting convenes after the conclusion of the P&D Committee meeting ORDER OF BUSINESS (I) City Council Roll Call – Begin with Alderman Wynne (II) Mayor Public Announcements and Proclamations Black History Month February 2014 (III) City Manager Public Announcements 3-1-1 Service Update 2013 Crime Statistics Report (IV) Communications: City Clerk (V) Citizen Comment Members of the public are welcome to speak at City Council meetings. As part of the Council agenda, a period for citizen comments shall be offered at the commencement of each regular Council meeting. Those wishing to speak should sign their name, address and the agenda item or topic to be addressed on a designated participation sheet. If there are five or fewer speakers, fifteen minutes shall be provided for Citizen 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 Citizen Comment does not exceed forty-five minutes. The business of the City Council shall commence forty-five minutes after the beginning of Citizen Comment. Aldermen do not respond during Citizen Comment. Citizen Comment is intended to foster dialogue in a respectful and civil manner. Citizen comments are requested to be made with these guidelines in mind. (VI) Special Order of Business: Mayor Tisdahl’s Report on Camera Project (VII) Consent Agenda: Alderman Rainey 1 of 605 City Council Agenda January 27, 2014 Page 2 of 9 (VIII) Report of the Standing Committees Administration & Public Works - Alderman Rainey Planning & Development - Alderman Wynne Human Services - Alderman Holmes (IX) Call of the Wards (Aldermen shall be called upon by the Mayor to announce or provide information about any Ward or City matter which an Alderman desires to bring before the Council.) {Council Rule 2.1(10)} (X) Executive Session (XI) Adjournment SPECIAL ORDER OF BUSINESS (SP1) Mayor Tisdahl’s Report on Camera Project and Additional Safety Issues Mayor Tisdahl recommends City Council consideration of next steps for camera project and other safety issues. For Action CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council meeting January 13, 2014 For Action ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through 1/12/14 $3,024,436.01 (A2) City of Evanston Bills for FY2014 1/28/14 $1,299,203.94 City of Evanston Bills for FY2013 1/27/14 $2,346,065.84 For Action (A3.1) Approval of Professional Services Agreement with CTL Group for the 2014 Church Street and Maple Avenue Garage Inspections (RFP 13-30) Staff recommends that City Council authorize the City Manager to execute a contract for the 2014 Church and Maple Garage Inspections to CTL Group (5400 Old Orchard Road, Skokie, IL) for a not-to-exceed amount of $103,843. Funding is provided by the Parking Fund, Account 700509.65515 and Account 700510.65515 with a total 2014 budget of $2,180,000. For Action 1/23/2014 4:22 PM 2 of 605 City Council Agenda January 27, 2014 Page 3 of 9 (A3.2) Approval of a Contract with Glenbrook Excavating & Concrete, Inc. for the Water System Improvements – Finished Water Metering Project (Bid 13-69) Staff recommends that City Council authorize the City Manager to execute a contract in the amount of $488,494 to Glenbrook Excavating & Concrete, Inc. (1350 N. Old Rand Road, Wauconda, IL) for the Water System Improvements – Finished Water Metering Project. Funding is provided by the Water Fund, Capital Improvement Account 733105, which has a FY 2014 budget allocation of $950,000. For Action (A3.3) Approval of Contract with Elevator Inspection Services for City of Evanston-Elevator Inspection Program (Joint RFP 13-68 City of Evanston and Village of Skokie) Staff recommends City Council authorization for the City Manager to execute a contract for elevator inspection, elevator plan review and direct billing services with Elevator Inspection Services Co., Inc., (745 McClintock Drive, Suite 235, Burr Ridge, IL). This will be a joint contract for services with the Village of Skokie. The proposed contract term is for a period of three years from the commencement date. After the initial term, there shall be two (2) additional one- year options to renew. Funding is provided by the General Fund Account 2126.62425 with a FY2014 budget of $68,425. For Action (A3.4) Approval of Temporary Staffing Agreement with Terillium Inc., for New World IT Implementation Support Staff recommends City Council authorize the City Manager to enter into a contract with Terillium Inc., 201 E 5th Street, Cincinnati, OH, for JD Edwards’s data and administrative support in the amount of $18,600 for six (6) months from January 1, 2014 to June 30, 2014. Funding is provided by General Fund vacancy savings from the resignation of the Application and Development Manager. For Action (A3.5) Approval of Sole Source Renewal of Motorola Agreement for 911 Center Staff recommends that City Council authorize the City Manager to renew the annual single source service agreement with Motorola, Inc. (1309 East Algonquin Road., Schaumburg, IL) for the amount of $77,092.92. The Agreement is effective from January 1, 2014 through December 31, 2014. Funding is provided by Emergency Telephone System Account 5150.62509 with a total budget of $222,340. For Action 1/23/2014 4:22 PM 3 of 605 City Council Agenda January 27, 2014 Page 4 of 9 (A3.6) Approval of Emergency Repair of Three (3) Elevators at Sherman Parking Garage Transportation and Parking Committee and staff recommend approval of emergency repairs of three (3) elevators at the Sherman Plaza Garage in the not-to-exceed amount of $108,923.49 by ThyssenKrupp Elevator Americas (355 Eisenhower Lane South, Lombard, IL). Funding will be provided by the Parking Fund Account 700506.65515. For Action (A3.7) Approval of Single Source 6-Ton Truck Mounted Hot Asphalt Patcher Repair Expense Staff recommends pre-approval of expenses associated with the required repairs of this six (6)-ton truck mounted Hot Asphalt Patcher unit, # 629 in the amount of $22,786.36 from Spaulding Manufacturing Incorporated (5366 East Street, Saginaw, MI). Spaulding is the manufacturer of this equipment. Funding is provided from the FY 2014 Fleet Services Material to Maintain Autos Account 7710.65060. This expense totals 2.3% of the $950,000 budgeted for this type of service. For Action (A3.8) Approval of Emergency Rental of Snow Hauling Equipment Staff recommends approval of an emergency rental of two (2) semi-trucks and drivers to support snow removal operations from January 3, 2014 through January 8, 2014 from K.L.F. Trucking (2300 W. 167 Street, Markham, IL) for $54,093.75. The City does not budget specifically for rental of emergency hauling equipment. This item will be charged to account 2680.62375 in the Snow and Ice Control Business Unit. For Action (A4) Approval of 2013 Change Order No. 1 for the Purchase of Salt Staff recommends approval of Change Order No. 1 in the amount of $70,128.19 for the purchase of rock salt from Morton Salt (123 N. Wacker Drive, Chicago, IL) for salt purchased in 2013. Funding will be provided by the Snow and Ice Control Fund account 2680.65015. For Action (A5) Resolution 4-R-14, Utility and Wheel Tax Donation Policy Staff recommends that City Council approve Resolution 4-R-14, Utility and Wheel Tax Donation Policy, which permits the City of Evanston to solicit donations from individuals, community groups and businesses via Utility Bills and Wheel Tax Applications to fund designated City of Evanston charitable entities only. For Action 1/23/2014 4:22 PM 4 of 605 City Council Agenda January 27, 2014 Page 5 of 9 (A6) Resolution 6-R-14, to Provide for the Consideration of Complete and Green Network Approach in Construction Projects within the Public Right-of-Way and Public Spaces Staff recommends City Council approval of Resolution 6-R-14 to provide for the consideration of complete and green network approach in construction projects within the public right-of-way and public spaces. For Action (A7) Resolution 7-R-14, In Support of the City of Evanston and School District 65 Safe Routes to School Program Staff recommends City Council approval of resolution 7-R-14 authorizing the submittal of a grant application to the Illinois Department of Transportation (IDOT), for the 2014 Safe Route to School (SRTS) program. An approved grant will pay for 80% of the cost for the installation of 20 Electronic Vehicle Speed Feedback signs. The local portion of the project cost ($22,000) will be provided by the 2014 CIP Pedestrian “Safety-Pavement Markings-Street Lights Fund” which has a budgeted amount of $150,000. For Action (A8) Ordinance 1-O-14, Proposed Amendments and Revisions to Title 9, Chapter 1, Section 13, Title 9, Chapter 5 and Title 9, Chapter 16 Staff submits for review and consideration adoption of Ordinance 1-O-14 provisionally amending Title 9 to the Evanston City Code as follows: Title 9, Chapter 5, General Offenses (amendments, revisions and deletions); Tittle 9, Chapter 1, Section 13, Offenses Against Public Officers (moved from 9-5-18); and, Title 9, Chapter 16, Panhandling and Soliciting (no changes or edits being made, just being moved from Section 9-5-25). For Introduction (A9) Ordinance 17-O-14, Decreasing the Number of Class F Liquor Licenses for Dominick’s Finer Foods, LLC d/b/a Dominick’s Finer Foods - #1137 Staff recommends City Council adoption of Ordinance 17-O-14, which amends Evanston City Code of 2012 Subsection 3-4-6-(F), as amended, by decreasing the number of authorized Class F liquor licenses from nine (9) to eight (8), due to the closing of Dominick’s Finer Foods, 2748 Green Bay Road. For Introduction (A10) Ordinance 18-O-14, Decreasing the Number of Class F Liquor Licenses for Dominick’s Finer Foods, LLC d/b/a Dominick’s Finer Foods - #1700 Staff recommends City Council adoption of Ordinance 18-O-14, which amends Evanston City Code of 2012 Subsection 3-4-6-(F), as amended, by decreasing the number of authorized Class F liquor licenses from eight (8) to seven (7), due to the closing of Dominick’s Finer Foods, 1910 Dempster Street. For Introduction 1/23/2014 4:22 PM 5 of 605 City Council Agenda January 27, 2014 Page 6 of 9 (A11) Ordinance 20-O-14, Amending Building Permit Fees Staff recommends City Council approval of Ordinance 20-O-14 which will increase City of Evanston Building Permit Fees by $1.50 per $1,000 (from $12.00 to $13.50) for permits over $20,000 in construction value up to $1 million, and $2.50 per $1,000 (from $15.00 to $17.50) for permits over a $1 million. There will be no increase for permits with construction value under $20,000. This increase was approved as a revenue enhancement item for the FY 2014 Budget and will take effect February 1, 2014 if adopted on January 27, 2014. Request suspension of the Rules for introduction and action on January 27, 2014. For Introduction and Action (A12) Ordinance 4-O-14, Permitting Issuance of a Class C Liquor License to Egg Em on Clarke’s Inc., d/b/a Clarke’s Staff recommends City Council adoption of Ordinance 4-O-14, which increases the number of authorized Class C liquor licenses to twenty (20), and permit issuance of a Class C license to Egg Em on Clarke’s Inc., d/b/a Clarke’s (“Company”), 720 Clark Street. This ordinance was introduced at the January 13, 2014 City Council meeting. For Action (A13) Ordinance 5-O-14, Decreasing the Number of Class G Liquor Licenses, Trader Joe’s East Inc. d/b/a Trader Joe’s #702 Staff recommends City Council adoption of Ordinance 5-O-14, which decreases the number of Class G liquor licenses from two (2) to one (1) due to Trader Joe’s East Inc. d/b/a Trader Joe’s (“Company”) relinquishing its Class G liquor license for a Class F liquor license. This ordinance was introduced at the January 13, 2014 City Council meeting. For Action (A14) Ordinance 6-O-14, Increasing the Number of Class F Liquor Licenses for Trader Joe’s East Inc. d/b/a Trader Joe’s #702 Staff recommends City Council adoption of Ordinance 6-O-14, which increases the number of Class F liquor licenses from eight (8) to nine (9), and permit issuance of a Class F license to Trader Joe’s East, Inc. d/b/a Trader Joe’s #702 (“Company”), 1211 Chicago Avenue. This ordinance was introduced at the January 13, 2014 City Council meeting. For Action 1/23/2014 4:22 PM 6 of 605 City Council Agenda January 27, 2014 Page 7 of 9 (A15) Ordinance 7-O-14, Increasing the Number of Class C Liquor Licenses for L3 Evanston LLC, d/b/a Lyfe Kitchen Staff recommends City Council adoption of Ordinance 7-O-14, which amends Evanston City Code of 2012 Subsection 3-4-6-(C), as amended, to increase the number of authorized Class C liquor licenses from twenty (20) to twenty-one (21), and permit issuance of a Class C license to L3 Evanston LLC, d/b/a Lyfe Kitchen (“Company”), 1603 Orrington Avenue. This ordinance was introduced at the January 13, 2014 City Council meeting. For Action (A16) Ordinance 8-O-14, Increasing the Number of Class C Liquor Licenses for Horizon Group Management, LLC, d/b/a The Crystal Residence, 1611 Chicago Avenue Staff recommends City Council adoption of Ordinance 8-O-14, which amends Evanston City Code of 2012 Subsection 3-4-6-(C), as amended, to increase the number of authorized Class C liquor licenses from twenty-one (21) to twenty-two (22), and permit issuance of a Class C license to Horizon Group Management, LLC, d/b/a The Crystal Residence (“Company”), formerly called the North Shore Hotel, 1611 Chicago Avenue. This ordinance was introduced at the January 13, 2014 City Council meeting. For Action (A17) Ordinance 9-O-14, Increasing the Number of Class C Liquor Licenses for A Bite of China, Inc., d/b/a Lao Sze Chuan, 1633 Orrington Avenue Staff recommends City Council adoption of Ordinance 9-O-14, which amends Evanston City Code of 2012 Subsection 3-4-6-(C), as amended, to increase the number of authorized Class C liquor licenses from twenty-two (22) to twenty- three (23), and permit issuance of a Class C license to A Bite of China, Inc., d/b/a Lao Sze Chuan (“Company”), 1633 Orrington Avenue. This ordinance was introduced at the January 13, 2014 City Council meeting. For Action (A18) Ordinance 11-O-14, Increasing the Number of Class C Liquor Licenses for HKK LCC, d/b/a HKK, 804 Davis Street Staff recommends City Council adoption of Ordinance 11-O-14, which amends Evanston City Code of 2012 Subsection 3-4-6-(C), as amended, to increase the number of authorized Class C liquor licenses from twenty-three (23) to twenty- four (24), and permit issuance of a Class C license to HKK LCC, d/b/a HKK (“Company”), 804 Davis Street. This ordinance was introduced at the January 13, 2014 City Council meeting. For Action 1/23/2014 4:22 PM 7 of 605 City Council Agenda January 27, 2014 Page 8 of 9 (A19) Ordinance 10-O-14, Enacting a New Subsection 3-4-6-(M) of the City Code, “Class M” Liquor Licenses Local Liquor Commissioner recommends approval of Ordinance 10-O-14, “Amending City Code Section 3-4-6 By Creating the New Class M Liquor License,” permitting licensees to sell beer as part of brew-it-yourself beer-making classes, parties, events, demonstrations and similar activities. This ordinance was introduced at the January 13, 2014 City Council meeting. For Action PLANNING AND DEVELOPMENT COMMITTEE (P1) Ordinance 15-O-14 Amending the Zoning Ordinance with Regards to Distance of Air Conditioning Equipment from Lot Lines The Plan Commission and City staff recommend adoption of Ordinance 15-O-14 amending the Zoning Ordinance to reduce the required setback for air conditioning equipment to 8’ for most property lines, 6’ for interior side yards when the equipment is located within 2’ of the principal structure and appropriately screened, and 4’ for street side yards when the equipment is located within 2’ of the principal structure and appropriately screened. For Introduction (P2) Ordinance 3-O-14 Amending the Zoning Ordinance to Create Business or Vocational School Use and Amend the Definition of College/University Institution The Plan Commission and City staff recommend adoption of Ordinance 3-O-14 amending the Zoning Ordinance to establish a use category for Business or Vocational Schools with land use regulations as permitted uses in all Commercial, Mixed Use, and University Districts, and special uses in all other zoning districts, and amending the existing definition of College/University Institution to clarify the distinction between the two use categories. For Introduction (P3) Ordinance 12-O-14, Granting Special Use for a Type 2 Restaurant, Harold’s Chicken Shack The Zoning Board of Appeals and City staff recommend adoption of Ordinance 12-O-14, granting a special use permit for operation of a Type 2 Restaurant, Harold’s Chicken Shack, at 337 Howard Street. This ordinance was introduced at the January 13, 2014 City Council meeting. For Action 1/23/2014 4:22 PM 8 of 605 City Council Agenda January 27, 2014 Page 9 of 9 (P4) Ordinance 13-O-14, Granting Special Use for a Type 2 Restaurant, DMK Burger Bar and Fish Bar The Zoning Board of Appeals and City staff recommend adoption of Ordinance 13-O-14, granting a special use permit for operation of a Type 2 Restaurant, DMK Burger Bar and Fish Bar, at 815 Noyes Street. This ordinance was introduced at the January 13, 2014 City Council meeting. For Action (P5) Ordinance 14-O-14, Granting a Special Use for a Retirement Home and Major Zoning Relief for a One-Story Addition at 1300 Oak Avenue The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 14-O-14 granting a special use permit for a Retirement Home, Evanston Nursing Home, at 1300 Oak Avenue, and major zoning relief for a one- story addition. The requested special use permit will bring a legally- nonconforming use into compliance and allow for the proposed expanded floor area. This ordinance was introduced at the January 13, 2014 City Council meeting. For Action MEETINGS SCHEDULED THROUGH FEBRUARY 2014 Upcoming Aldermanic Committee Meetings Mon, Feb 3 6 pm Rules Committee Mon, Feb 3 7:30 pm Human Services Committee Mon, Feb 10 6 pm A&PW, P&D, City Council meetings Mon, Feb 17 7 pm City Council meeting Tues, Feb 18 7:30 pm Housing & Community Dev Act Ctte Wed, Feb 19 6 pm Transportation/Parking Committee Wed, Feb 19 6:30 pm M/W/EBE Advisory Committee Wed, Feb 19 7:30 pm Economic Development Committee Mon, Feb 24 6 pm A&PW, P&D, City Council meetings Thurs, Feb 27 5:30 pm City-School Liaison Committee Fri, Feb 28 7 am Housing & Homelessness Commission Order and agenda items are subject to change. 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. 1/23/2014 4:22 PM 9 of 605 To: Members of the City Council From: Mayor Elizabeth B. Tisdahl Subject: Update on Security Camera Project Date: January 22, 2014 At our December 9, 2013 meeting, I shared with the City Council my proposal to install security cameras along Dodge Avenue and Church Street to ensure safe passage for children walking to and from school. Since then, I have hosted two community meetings on the subject as well as attended Ward meetings to discuss the proposal. I heard from residents their concern for safety in their neighborhoods and engaged in a spirited dialogue with them about the specifics of my proposal. On January 21, 2014, Chief Eddington, City Manager Bobkiewicz and I met with the Director of the Cook County Department of Homeland Security and Emergency Management Michael Masters and his staff about funding opportunities for the project. Director Masters indicated that Cook County does have funds available through the U.S. Department of Justice Edward Byrne Justice Assistance Grant (JAG) Program. The JAG Program supports a range of program areas including law enforcement, prosecution and court, prevention and education, corrections and community corrections, drug treatment and enforcement, planning, evaluation, and technology improvement, and crime victim and witness initiatives. In reviewing the outline of our proposal, Director Masters believed the JAG Program was an appropriate funding source for the security camera initiative. Director Masters also encouraged the City to identify other City of Evanston programs that may be eligible for JAG Program funding. I described the City’s Summer Youth Employment Program (SYEP) as an example of our efforts in crime prevention by offering youth jobs and job training each summer. The JAG Program would also be an appropriate funding source for the SYEP program according to Masters. Memorandum 10 of 605 I believe it is appropriate to request funding for both initiatives as they each cover distinct elements of our overall plan to keep Evanston children safe and help them develop skills and abilities for their future success. Therefore, I am asking the City Council for its support of the City’s application to Cook County for $200,000 of JAG Program funds to install security cameras along Dodge Avenue and Church Street. I am also asking the City Council for its support of an application for $100,000 in JAG program funds to finance new SYEP jobs during summer, 2014. Staff is working to develop the proposal now which should provide funding for approximately 50 part-time and 30 full-time additional positions for at-risk Evanston youth this summer. Cook County plans to issue a formal solicitation for funds in the next couple of weeks, with funding available in spring, 2014. I look forward to discussing these issues with you further at our meeting on January 27th. 11 of 605 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, January 13, 2014 Roll Call: Alderman Fiske Alderman Tendam Alderman Braithwaite Alderman Grover Alderman Wynne Alderman Rainey Alderman Wilson Alderman Burrus Alderman Holmes Presiding: Mayor Elizabeth B. Tisdahl The Regular meeting of the City Council opened at 8:05 P.M. after a Roll Call was completed. Mayor Public Announcements The Mayor stated the Cub Scouts came to City Hall as they do each year, and they set as the Council members, Mayor and Clerk. One of the questions asked was, “What are we going to do about guns?” Without any hesitation they decided to ban guns, not only in Evanston but throughout the entire United States of America. City Manager Public Announcements Martin Luther King Jr. Day Events was presented by Mr. Tim Rhoze. He stated the program would begin at noon on Saturday, January 18 at Fleetwood-Jourdain Community Center, and there will be soup and sandwiches for all in attendance. There will be a host of performers and guest artists. The first play productions will begin on June 12th through the end of August. The City Manager mentioned the fire that occurred December 29th on Davis Street which was then further explained step by step by Fire Chief Klaiber. The Fire Chief then showed a short film of the fire itself and the four buildings that were involved. The exact cause of the fire has not yet been discovered. Jean Speckman came forward to announce a Benefit at 27 Live for Davis Street Fire Displaced Workers which will occur this Saturday, January 18, 2014. All of the displaced workers will be admitted free of charge, while all others will pay a nominal fee to attend. Weather Emergency: Update and Review of City Response and Services were presented by Suzette Robinson, Director of Public Works and James Maiworm, Asst. Director/Operations/Facilities. The snowfall accumulation was a total of 26.5 inches with major snow drifting as well. It was also noted by Mr. Paul D’Agostino, Asst. Dir. 12 of 605 City Council Agenda January 13, 2014 Page 2 of 10 PW/Forestry the effects of the subzero temperature on the Sycamore, and London Plain trees had very deep radial shakes. These trees have been highly compromised and the 60 trees need to be removed. Some of the cracked trees and closed up, but the deep ones will not be able to heal itself. Erika Storlie, Asst. City Manager gave an update of the 311 services and the extended hours that were offered during the past snow emergency in Evanston. She also mentioned the live chat that is offered through 311. Illinois Policy Institute representative Mr. Brain Costan presented a Transparency Award to the Mayor for the City’s Website for receiving a score of 100%. A ten point transparency project was created to encourage the participation of local governments, and over 300 governments were included and Evanston was among only 6 in the State of Illinois who received 100%. Communications: City Clerk Clerk Greene announced that there would be hosting a voter’s registration this Thursday with the League of Women Voters, in rooms 2402 and 2404 from 9 A.M. until 5 P.M. If you are 17 years of age and will be 18 at the time of the election you too can register to vote. He finally announced the Public Act 97-0845 considering the disability act and the new placard system. A yellow/gray placard owner will not have to pay if parked on a meter, but the owner of a non yellow/gray placard will have to pay at the meters. Citizen Comment Junad Rizki, 2784 Sheridan spoke of the potential sale of water to Niles, and the lack of inaccurate presentations of the cost. He stated it is time for the Council to show responsible fiscal leadership. Linda Damasluk, 1318 Judson Non-Agenda items Kevin Schneider, 2300 Noyes Court #409 came to announced he was downsized by Dominick’s closing he has since been hired by Jewel on Greenbay Road in Wilmette. He also gave a promo for his new employer. Bonnie Wilson, came to announce the senior citizen exemptions that must be filled by February 5th. She offered them to call her office at 847-448-8168 and she will assist them in filling out the forms, and she is willing to deliver them to the Cook County Assessor’s Office. Junad Rizki, 2784 Sheridan spoke of the missing vortex restrictors that are placed under ground and the 40 new ones to be purchased. He asked for clarification of how can the go missing over time? Did someone take them, and then sold for scrap, or did they grow legs and just walked away? Joyce Hill, came to speak of a possible attempt on her son’s life, and how it was asked if a unit could patrol her area. She stated nothing happened that night, but her son Anton Hill was named as the poster child for the stop and frisk efforts. She also stated she has not received any returned calls from the Chief of Police. Linda Damas, 1318 Judson spoke against the Bed and Breakfast proposal, she stated she has been living next to a Bed & Breakfast for over 10 and they are commercial ventures and the owners are profiting at the expense of its neighbors. She asked the City to really consider the allowance of commercial non-living owners. 1/23/2014 9:37 AM 13 of 605 City Council Agenda January 13, 2014 Page 3 of 10 Items not approved on Consent Agenda: (A4.2) Approval of Change Order #1 for the Davis Street Water Main & Sewer Replacement Project (Bid 13-36) Staff recommends that the City Council authorize the City Manager to execute Change Order Number 1, in the not-to-exceed amount of $69,592.43, with Bolder Contractors, Inc. for completing additional construction items for the project. This will increase the agreement amount from $2,648,200 to $2,717,792.43. $58,465.59 is provided from the Water Fund (733086.65515), and $11,126.84 from the Sewer Fund (7420.65515). For Action (A7) Report on Vacant Property Fine – 1890 Maple Avenue Staff recommends that the City Council receive and file this report. For Action (P4) Ordinance 2-O-14, Amending Various Portions the City Code of Bed & Breakfast Establishments The Plan Commission and City staff recommend amending the Zoning Ordinance to establish Type 1 and Type 2 Bed and Breakfast Establishments. A Type 1 Bed and Breakfast Establishment would be considered a moderate impact use that would require special use approval, be limited to no more than two rentable bedrooms, and require 33% owner-occupancy but not require a distance from other Bed and Breakfast Establishments. A Type 2 Bed and Breakfast Establishment would be considered a higher impact use that would allow for up to five rentable bedrooms. It would require special use approval, 33% owner occupancy and would have a distance requirement between such establishments. For Introduction CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council meeting December 9, 2013 For Action ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through 12/01/13 $2,623,163.03 City of Evanston Payroll through 12/15/13 $2,690,925.76 City of Evanston Payroll through 12/29/13 $2,675,887.53 (A2) City of Evanston Bills 1/14/14 $5,318,551.94 Credit Card Activity – Period Ending November 30, 2013 $ 105,302.14 For Action 1/23/2014 9:37 AM 14 of 605 City Council Agenda January 13, 2014 Page 4 of 10 (A3.1) Approval of Sole-Source Contract with EJ Equipment for the Purchase of CCTV Pipeline Inspection Equipment Staff recommends that City Council authorize the City Manager to execute a sole-source contract for the purchase of CCTV pipeline inspection equipment with EJ Equipment (P.O. Box 665, Manteno, IL) in the amount of $37,061. Funding is provided by the Sewer Fund, Account 7415.65625, which has budgeted $37,500 in FY 2014 for this purchase. For Action (A3.2) Approval of Sole-Source Contract with Hydro International for the Purchase of Vortex Restrictors Staff recommends that City Council authorize the City Manager to execute a sole-source contract for the purchase of Vortex Restrictors with Hydro International (94 Hutchins Drive, Portland, ME) in the amount of $70,350. Funding is provided by the Sewer Fund Accounts 7400.65055 and 7400.65080. For Action (A3.3) Approval of Solid Waste Agency of Northern Cook County (SWANCC) Disposal Fees for FY 2014 Staff recommends approval of the 2014 refuse disposal fees to SWANCC (Solid Waste Agency of Northern Cook County) in the not to exceed amounts of $83,300 for capital costs, $1,000,000 for operations and maintenance and $40,000 in recycling transfer fees. Funding is provided by the Solid Waste Fund Accounts, 7685.68310 (capital costs), 7685.62405 (operations and maintenance costs), and 7690.62415 (recycling costs). For Action (A4.1) Approval of Change Order #1 for Engineering Services for the Evanston Water Utility 48-inch Diameter Intake Improvements (RFP 12-113) Staff recommends City Council authorize the City Manager to execute Change Order No. 1 to an agreement for Engineering Services for the Evanston Water Utility 48-inch Diameter Intake Improvements project with Carollo Engineers, Inc. (1200 Shermer Road, Suite 214, Northbrook, IL) in the not-to-exceed amount of $675, increasing the contract amount from $159,983 to $160,658. This change order will also extend the contract completion date by 12 months, from March 31, 2014 to March 31, 2015. Funding is provided by the Water Fund, Capital Improvement Account 733074.62140 which has a FY 2014 budget allocation of $1,900,000. For Action (A5) Approval of Memorandums of Understanding and Amendment No. 1 to the Agreement with MWH Americas, Inc. for Engineering Service for a Water Supply Transmission Main Study Staff recommends City Council authorize the City Manager to: 1) negotiate and execute Memorandums of Understanding (MOU) for a revised transmission main study for the potential supply of water from the City of Evanston to: the Village of 1/23/2014 9:37 AM 15 of 605 City Council Agenda January 13, 2014 Page 5 of 10 Niles, the Village of Morton Grove, the City of Park Ridge and the Village of Glenview, and 2) negotiate and execute Amendment No. 1 to the agreement with MWH Americas, Inc. (175 W. Jackson Blvd, Suite 1900, Chicago, IL) for a revised Water Supply Transmission Main Study in the not-to-exceed amount of $24,600 and extending the completion date to April 16, 2014. Funding is provided by the Water Fund, Account 7125.62180. For Action (A8) Approval of Proposed Lease Agreement with Northwest Center Against Sexual Abuse (NWCASA) for Space at the Morton Civic Center Staff is requesting City Council approval for the City Manager to negotiate the lease of office space with Northwest Center Against Sexual Abuse (NWCASA) at the rate of $11.00 per square foot for a total monthly rent of $250. For Action (A9) Resolution 1-R-14: Collective Bargaining Agreement with the International Association of Firefighters Local 742 Staff recommends City Council approval of Resolution 1-R-14 to authorize the City Manager to execute a collective bargaining agreement with the International Association of Firefighters (IAFF) Local 742 effective January 1, 2014 through December 31, 2016. For Action (A10) Resolution 5-R-14 “Authorizing the City Manager to Negotiate a Contract for the Purchase of Real Property Located at 721-723 Howard Street in Evanston, Illinois” Staff recommends approval of Resolution 5-R-14 authorizing the City Manager to negotiate a contract for the purchase of Real Property located at 721-723 Howard Street in Evanston, Illinois. Funding is provided by the Howard Ridge Tax Increment Financing (TIF) District. For Action (A11) Ordinance 4-O-14, Permitting Issuance of a Class C Liquor License to Egg Em on Clarke’s Inc., d/b/a Clarke’s Staff recommends City Council adoption of Ordinance 4-O-14, which increases the number of authorized Class C liquor licenses to twenty (20), and permit issuance of a Class C license to Egg Em on Clarke’s Inc., d/b/a Clarke’s (“Company”), 720 Clark Street. For Introduction (A12) Ordinance 5-O-14, Decreasing the Number of Class G Liquor Licenses, Trader Joe’s East Inc. d/b/a Trader Joe’s #702 Staff recommends City Council adoption of Ordinance 5-O-14, which decreases the number of Class G liquor licenses from two (2) to one (1) due to Trader Joe’s East Inc. d/b/a Trader Joe’s (“Company”) relinquishing its Class G liquor license for a Class F liquor license. 1/23/2014 9:37 AM 16 of 605 City Council Agenda January 13, 2014 Page 6 of 10 For Introduction (A13) Ordinance 6-O-14, Increasing the Number of Class F Liquor Licenses for Trader Joe’s East Inc. d/b/a Trader Joe’s #702 Staff recommends City Council adoption of Ordinance 6-O-14, which increases the number of Class F liquor licenses from eight (8) to nine (9), and permit issuance of a Class F license to Trader Joe’s East, Inc. d/b/a Trader Joe’s #702 (“Company”), 1211 Chicago Avenue. For Introduction (A14) Ordinance 7-O-14, Increasing the Number of Class C Liquor Licenses for L3 Evanston LLC, d/b/a Lyfe Kitchen Staff recommends City Council adoption of Ordinance 7-O-14, which amends Evanston City Code of 2012 Subsection 3-4-6-(C), as amended, to increase the number of authorized Class C liquor licenses from twenty (20) to twenty-one (21), and permit issuance of a Class C license to L3 Evanston LLC, d/b/a Lyfe Kitchen (“Company”), 1603 Orrington Avenue. For Introduction (A15) Ordinance 8-O-14, Increasing the Number of Class C Liquor Licenses for Horizon Group Management, LLC, d/b/a The Crystal Residence, 1611 Chicago Avenue Staff recommends City Council adoption of Ordinance 8-O-14, which amends Evanston City Code of 2012 Subsection 3-4-6-(C), as amended, to increase the number of authorized Class C liquor licenses from twenty-one (21) to twenty-two (22), and permit issuance of a Class C license to Horizon Group Management, LLC, d/b/a The Crystal Residence (“Company”), formerly called the North Shore Hotel, 1611 Chicago Avenue For Introduction (A16) Ordinance 9-O-14, Increasing the Number of Class C Liquor Licenses for A Bite of China, Inc., d/b/a Lao Sze Chuan, 1633 Orrington Avenue Staff recommends City Council adoption of Ordinance 9-O-14, which amends Evanston City Code of 2012 Subsection 3-4-6-(C), as amended, to increase the number of authorized Class C liquor licenses from twenty-two (22) to twenty- three (23), and permit issuance of a Class C license to A Bite of China, Inc., d/b/a Lao Sze Chuan (“Company”), 1633 Orrington Avenue. For Introduction (A17) Ordinance 11-O-14, Increasing the Number of Class C Liquor Licenses for HKK LCC, d/b/a HKK, 804 Davis Street Staff recommends City Council adoption of Ordinance 11-O-14, which amends Evanston City Code of 2012 Subsection 3-4-6-(C), as amended, to increase the number of authorized Class C liquor licenses from twenty-three (23) to twenty- four (24), and permit issuance of a Class C license to HKK LCC, d/b/a HKK (“Company”), 804 Davis Street. For Introduction 1/23/2014 9:37 AM 17 of 605 City Council Agenda January 13, 2014 Page 7 of 10 (A18) Ordinance 10-O-14, Enacting a New Subsection 3-4-6-(M) of the City Code, “Class M” Liquor Licenses Local Liquor Commissioner recommends approval of Ordinance 10-O-14, “Amending City Code Section 3-4-6 By Creating the New Class M Liquor License,” permitting licensees to sell beer as part of brew-it-yourself beer-making classes, parties, events, demonstrations and similar activities. For Introduction PLANNING AND DEVELOPMENT COMMITTEE (P1) Ordinance 12-O-14, Granting Special Use for a Type 2 Restaurant, Harold’s Chicken Shack The Zoning Board of Appeals and City staff recommend adoption of Ordinance 12-O-14, granting a special use permit for operation of a Type 2 Restaurant, Harold’s Chicken Shack, at 337 Howard Street. For Introduction (P2) Ordinance 13-O-14, Granting Special Use for a Type 2 Restaurant, DMK Burger Bar and Fish Bar The Zoning Board of Appeals and City staff recommend adoption of Ordinance 13-O-14, granting a special use permit for operation of a Type 2 Restaurant, DMK Burger Bar and Fish Bar, at 815 Noyes Street. For Introduction (P3) Ordinance 14-O-14, Granting a Special Use for a Retirement Home and Major Zoning Relief for a One-Story Addition at 1300 Oak Avenue The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 14-O-14 granting a special use permit for a Retirement Home, Evanston Nursing Home, at 1300 Oak Avenue, and major zoning relief for a one- story addition. The requested special use permit will bring a legally- nonconforming use into compliance and allow for the proposed expanded floor area. For Introduction (P5) Ordinance 123-O-13 Granting Major Zoning Relief to Establish Open Parking in the Front Yard at 1912 Livingston Street The Zoning Board of Appeals and staff recommend approval of Ordinance 123- O-13 to allow one open parking space in the front yard at 1912 Livingston Street. This ordinance was introduced at the December 9, 2013 City Council meeting. For Action 1/23/2014 9:37 AM 18 of 605 City Council Agenda January 13, 2014 Page 8 of 10 HUMAN SERVICES COMMITTEE (H1) Approval of Township of Evanston December 2013 Bills Township of Evanston Supervisor recommends that City Council approve the Township of Evanston bills, payroll, and medical payments for the month of December 2013 totaling $213,515.85. For Action APPOINTMENTS (APP1)For Appointment to: Board of Ethics Rhonda Stuart Downtown Performing Arts Center Task Force Sandra Chavis Downtown Performing Arts Center Task Force James Corirossi Downtown Performing Arts Center Task Force John Engman Downtown Performing Arts Center Task Force Patrick Fitzpatrick Downtown Performing Arts Center Task Force Judy Kemp Downtown Performing Arts Center Task Force Stephen Mullins Downtown Performing Arts Center Task Force Tanya Palmer Downtown Performing Arts Center Task Force Jean Petrick Downtown Performing Arts Center Task Force Penny Rotheiser Mayor’s Education Task Force Karin Norington-Reaves, CEO, Chicago Cook Workforce Partnership Alderman Rainey motioned for approval of the Consent Agenda and it was seconded. With a Roll Call vote the outcome was 9-0, and the Consent Agenda was approved. Items for discussion: (A4.2) Approval of Change Order #1 for the Davis Street Water Main & Sewer Replacement Project (Bid 13-36) Staff recommends that the City Council authorize the City Manager to execute Change Order Number 1, in the not-to-exceed amount of $69,592.43, with Bolder Contractors, Inc. for completing additional construction items for the project. This will increase the agreement amount from $2,648,200 to $2,717,792.43. $58,465.59 is provided from the Water Fund (733086.65515), and $11,126.84 from the Sewer Fund (7420.65515). For Action Alderman Rainey stated this item was held over in committee. (A6) Approval of Agreement with AT&T for Downtown Evanston WiFi Network Staff recommends that the City Council authorize the City Manager to enter into 1/23/2014 9:37 AM 19 of 605 City Council Agenda January 13, 2014 Page 9 of 10 an agreement with AT&T to provide a Wireless Network in sections of the Downtown using City Infrastructure (light poles) that will provide both a private and public (free) wireless access at the street level in the areas defined in the project. All costs associated with the installation and maintenance of the WiFi network would be the responsibility of AT&T. For Action Alderman Rainey motioned for approval with amendments and it was seconded, and with a unanimous Voice Vote the item was approved. (A7) Report on Vacant Property Fine – 1890 Maple Avenue Staff recommends that the City Council receive and file this report. For Action Alderman Rainey motioned for approval and it was seconded, and with a Roll Call vote of 9-0 the motion passed. (P4) Ordinance 2-O-14, Amending Various Portions the City Code of Bed & Breakfast Establishments The Plan Commission and City staff recommends amending the Zoning Ordinance to establish Type 1 and Type 2 Bed and Breakfast Establishments. A Type 1 Bed and Breakfast Establishment would be considered a moderate impact use that would require special use approval, be limited to no more than two rentable bedrooms, and require 33% owner-occupancy but not require a distance from other Bed and Breakfast Establishments. A Type 2 Bed and Breakfast Establishment would be considered a higher impact use that would allow for up to five rentable bedrooms. It would require special use approval, 33% owner occupancy and would have a distance requirement between such establishments. For Introduction Alderman Wynne motioned for the approval for introduction and it was seconded, the motion failed with a 7-2 vote against and the motion failed (Aldermen Wynne and Fiske voted yes). Call of the Wards Ward 1, Alderman Fiske she thanked the Police working with the FBI and the bank robbery of the Chase Bank. Ward 2, Alderman Braithwaite acknowledged the cooperation of all who assisted in the reception they gave for the former employees of Dominic’s. He also thanked all who were involved in the 101 workshop. Ward 3, Alderman Wynne had no report. Ward 4, Alderman Wilson thanked the Police and Firemen for their job well done in keeping the community safe. Ward 5, Alderman Holmes wished all a healthy and prosperous new year, as well as inviting all to her Thursday ward meeting, and the discussion will be on vacant buildings. 1/23/2014 9:37 AM 20 of 605 City Council Agenda January 13, 2014 Page 10 of 10 Ward 6, Alderman Tendam announced a 6th ward meeting Jan 23rd discussion on the 2014 referendum and Rep Laura Fine will be in attendance. He also shared an article that was featured about Ward 7, Alderman Grover thanked the residents for celebrating the employees who lost their jobs at Dominick’s closing. She also mentioned the death of Antoinette Tony Raynen. Ward 8, Alderman Rainey she also commented on the service of all the public servants came together to assist. She also thanked Kelly Cassidy for her help in getting inspectors to come to Howard Street. Ward 9, Alderman Burrus announced the coming of Little Beans Café to occupy the site at Oakton and Asbury, she also invited all to the 9th ward meeting on February 12th at the Levy Center. The Mayor announced the death of Betty Paden, and she gave her condolences to the family. Alderman Wilson motioned for the Council to adjourn into Executive Session to discuss Litigation, Personnel, and Minutes. The motion was seconded and with a unanimous Voice Vote the Regular Meeting of the Council ended at 10:02 P.M. Submitted by, Hon. Rodney Greene, MMC City Clerk of Evanston 1/23/2014 9:37 AM 21 of 605 ADMINISTRATION & PUBLIC WORKS COMMITTEE Monday, January 27, 2014 6 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston Council Chambers AGENDA I. DECLARATION OF A QUORUM: ALDERMAN RAINEY, CHAIR II. APPROVAL OF MINUTES OF REGULAR MEETING OF January 13, 2014 III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through 1/12/14 $3,024,436.01 (A2) City of Evanston Bills for FY2014 1/28/14 $1,299,203.94 City of Evanston Bills for FY2013 1/27/14 $2,346,065.84 For Action (A3.1) Approval of Professional Services Agreement with CTL Group for the 2014 Church Street and Maple Avenue Garage Inspections (RFP 13-30) Staff recommends that City Council authorize the City Manager to execute a contract for the 2014 Church and Maple Garage Inspections to CTL Group (5400 Old Orchard Road, Skokie, IL) for a not-to-exceed amount of $103,843. Funding is provided by the Parking Fund, Account 700509.65515 and Account 700510.65515 with a total 2014 budget of $2,180,000. For Action (A3.2) Approval of a Contract with Glenbrook Excavating & Concrete, Inc. for the Water System Improvements – Finished Water Metering Project (Bid 13-69) Staff recommends that City Council authorize the City Manager to execute a contract in the amount of $488,494 to Glenbrook Excavating & Concrete, Inc. (1350 N. Old Rand Road, Wauconda, IL) for the Water System Improvements – Finished Water Metering Project. Funding is provided by the Water Fund, Capital Improvement Account 733105, which has a FY 2014 budget allocation of $950,000. For Action Rev. 1/23/2014 4:22:04 PM 22 of 605 (A3.3) Approval of Contract with Elevator Inspection Services for City of Evanston-Elevator Inspection Program (Joint RFP 13-68 City of Evanston and Village of Skokie) Staff recommends City Council authorization for the City Manager to execute a contract for elevator inspection, elevator plan review and direct billing services with Elevator Inspection Services Co., Inc., (745 McClintock Drive, Suite 235, Burr Ridge, IL). This will be a joint contract for services with the Village of Skokie. The proposed contract term is for a period of three years from the commencement date. After the initial term, there shall be two (2) additional one- year options to renew. Funding is provided by the General Fund Account 2126.62425 with a FY2014 budget of $68,425. For Action (A3.4) Approval of Temporary Staffing Agreement with Terillium Inc., for New World IT Implementation Support Staff recommends City Council authorize the City Manager to enter into a contract with Terillium Inc., 201 E 5th Street, Cincinnati, OH, for JD Edwards’s data and administrative support in the amount of $18,600 for six (6) months from January 1, 2014 to June 30, 2014. Funding is provided by General Fund vacancy savings from the resignation of the Application and Development Manager. For Action (A3.5) Approval of Sole Source Renewal of Motorola Agreement for 911 Center Staff recommends that City Council authorize the City Manager to renew the annual single source service agreement with Motorola, Inc. (1309 East Algonquin Road., Schaumburg, IL) for the amount of $77,092.92. The Agreement is effective from January 1, 2014 through December 31, 2014. Funding is provided by Emergency Telephone System Account 5150.62509 with a total budget of $222,340. For Action (A3.6) Approval of Emergency Repair of Three (3) Elevators at Sherman Parking Garage Transportation and Parking Committee and staff recommend approval of emergency repairs of three (3) elevators at the Sherman Plaza Garage in the not-to-exceed amount of $108,923.49 by ThyssenKrupp Elevator Americas (355 Eisenhower Lane South, Lombard, IL). Funding will be provided by the Parking Fund Account 700506.65515. For Action Rev. 1/23/2014 4:22:04 PM 23 of 605 (A3.7) Approval of Single Source 6-Ton Truck Mounted Hot Asphalt Patcher Repair Expense Staff recommends pre-approval of expenses associated with the required repairs of this six (6)-ton truck mounted Hot Asphalt Patcher unit, # 629 in the amount of $22,786.36 from Spaulding Manufacturing Incorporated (5366 East Street, Saginaw, MI). Spaulding is the manufacturer of this equipment. Funding is provided from the FY 2014 Fleet Services Material to Maintain Autos Account 7710.65060. This expense totals 2.3% of the $950,000 budgeted for this type of service. For Action (A3.8) Approval of Emergency Rental of Snow Hauling Equipment Staff recommends approval of an emergency rental of two (2) semi-trucks and drivers to support snow removal operations from January 3, 2014 through January 8, 2014 from K.L.F. Trucking (2300 W. 167 Street, Markham, IL) for $54,093.75. The City does not budget specifically for rental of emergency hauling equipment. This item will be charged to account 2680.62375 in the Snow and Ice Control Business Unit. For Action (A4) Approval of 2013 Change Order No. 1 for the Purchase of Salt Staff recommends approval of Change Order No. 1 in the amount of $70,128.19 for the purchase of rock salt from Morton Salt (123 N. Wacker Drive, Chicago, IL) for salt purchased in 2013. Funding will be provided by the Snow and Ice Control Fund account 2680.65015. For Action (A5) Resolution 4-R-14, Utility and Wheel Tax Donation Policy Staff recommends that City Council approve Resolution 4-R-14, Utility and Wheel Tax Donation Policy, which permits the City of Evanston to solicit donations from individuals, community groups and businesses via Utility Bills and Wheel Tax Applications to fund designated City of Evanston charitable entities only. For Action (A6) Resolution 6-R-14, to Provide for the Consideration of Complete and Green Network Approach in Construction Projects within the Public Right-of-Way and Public Spaces Staff recommends City Council approval of Resolution 6-R-14 to provide for the consideration of complete and green network approach in construction projects within the public right-of-way and public spaces. For Action Rev. 1/23/2014 4:22:04 PM 24 of 605 (A7) Resolution 7-R-14, In Support of the City of Evanston and School District 65 Safe Routes to School Program Staff recommends City Council approval of resolution 7-R-14 authorizing the submittal of a grant application to the Illinois Department of Transportation (IDOT), for the 2014 Safe Route to School (SRTS) program. An approved grant will pay for 80% of the cost for the installation of 20 Electronic Vehicle Speed Feedback signs. The local portion of the project cost ($22,000) will be provided by the 2014 CIP Pedestrian “Safety-Pavement Markings-Street Lights Fund” which has a budgeted amount of $150,000. For Action (A8) Ordinance 1-O-14, Proposed Amendments and Revisions to Title 9, Chapter 1, Section 13, Title 9, Chapter 5 and Title 9, Chapter 16 Staff submits for review and consideration adoption of Ordinance 1-O-14 provisionally amending Title 9 to the Evanston City Code as follows: Title 9, Chapter 5, General Offenses (amendments, revisions and deletions); Tittle 9, Chapter 1, Section 13, Offenses Against Public Officers (moved from 9-5-18); and, Title 9, Chapter 16, Panhandling and Soliciting (no changes or edits being made, just being moved from Section 9-5-25). For Introduction (A9) Ordinance 17-O-14, Decreasing the Number of Class F Liquor Licenses for Dominick’s Finer Foods, LLC d/b/a Dominick’s Finer Foods - #1137 Staff recommends City Council adoption of Ordinance 17-O-14, which amends Evanston City Code of 2012 Subsection 3-4-6-(F), as amended, by decreasing the number of authorized Class F liquor licenses from nine (9) to eight (8), due to the closing of Dominick’s Finer Foods, 2748 Green Bay Road. For Introduction (A10) Ordinance 18-O-14, Decreasing the Number of Class F Liquor Licenses for Dominick’s Finer Foods, LLC d/b/a Dominick’s Finer Foods - #1700 Staff recommends City Council adoption of Ordinance 18-O-14, which amends Evanston City Code of 2012 Subsection 3-4-6-(F), as amended, by decreasing the number of authorized Class F liquor licenses from eight (8) to seven (7), due to the closing of Dominick’s Finer Foods, 1910 Dempster Street. For Introduction Rev. 1/23/2014 4:22:04 PM 25 of 605 (A11) Ordinance 20-O-14, Amending Building Permit Fees Staff recommends City Council approval of Ordinance 20-O-14 which will increase City of Evanston Building Permit Fees by $1.50 per $1,000 (from $12.00 to $13.50) for permits over $20,000 in construction value up to $1 million, and $2.50 per $1,000 (from $15.00 to $17.50) for permits over a $1 million. There will be no increase for permits with construction value under $20,000. This increase was approved as a revenue enhancement item for the FY 2014 Budget and will take effect February 1, 2014 if adopted on January 27, 2014. Request suspension of the Rules for introduction and action on January 27, 2014. For Introduction and Action IV. ITEMS FOR DISCUSSION (APW1) Security Netting/Fencing for Parking Decks V. COMMUNICATIONS VI. ADJOURNMENT Rev. 1/23/2014 4:22:04 PM 26 of 605 Administration and Public Works Committee Meeting Minutes of January 13, 2014 Council Chambers – 6:00 p.m. Lorraine H. Morton Civic Center MEMBERS PRESENT: J. Grover, A. Rainey, C. Burrus, D. Holmes, P. Braithwaite STAFF PRESENT: M. Lyons, G. Farrar, W. Bobkiewicz, S. Robinson, L. Jeschke, D. Stoneback, R. Dahal, H. Pirooz, C. Plante, J. Williams-Kinsel, J. McRae, Chief Klaiber, Chief Eddington, E. Thomas-Smith, S. Flax, L. Biggs, J. Nyden, J. Murphy, K. Brown STAFF ABSENT: J. Maiworm, L. Gergits, A. Porta, B. Dieter, B. Dorneker, J. Calderon, R. Voss PRESIDING OFFICIAL: Ald. Rainey I. DECLARATION OF QUORUM A quorum being present, Ald. Rainey called the meeting to order at 6:04 p.m. II. APPROVAL OF REGULAR MEETING MINUTES OF DECEMBER 9, 2013. Ald . Grover moved to approve the minutes of the December 9, 2013 A&PW meeting as submitted, seconded by Ald. Braithwaite. The minutes of the December 9, 2013 meeting were approved unanimously 5-0. III. PUBLIC COMMENT Jim Huenink, Executive Director of the Northwest Center Against Sexual Assault (NWCASA), asked the Council for support of item A8 – Approval of Proposed Lease Agreement with NWCASA for Space at the Morton Civic Center. Last year, NWCASA served 18 residents, 30 communities and responded to 29 emergency calls at St. Francis Hospital. IV. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through 12/01/13 $2,623,163.03 City of Evanston Payroll through 12/15/13 $2,690,925.76 City of Evanston Payroll through 12/29/13 $2,675,887.53 (A2) City of Evanston Bills 1/14/14 $5,318,551.94 Credit Card Activity – Period Ending November 30, 2013 $ 105,302.14 For Action Ald. Burrus moved to approve the City of Evanston Payroll (A1) through 12/1/13, 12/15/13 and 12/29/13 seconded by Ald. Grover. The Committee voted 5-0 unanimously to approve the payrolls. DRAFT - NOT APPROVED 27 of 605 Administration and Public Works Committee Meeting Minutes of 1-13-14 Page 2 of 12 Ald. Burrus moved to approve the City of Evanston Bills through 1/14/14 and credit card activity for the period ending November 30, 2013 (A2), seconded by Ald. Grover. At Ald. Braithwaite’s inquiry, Chief Eddington explained that through the course of several discussions between the City and Evanston Township High School (ETHS), Mayor Tisdahl agreed to improvements of the lights and additional cameras around the school. Director Robinson confirmed that the lights are installed. Ald. Braithwaite observed the emergency stations in front of ETHS. Chief Eddington agreed to confirm if the stations are operational and respond by e-mail to Council tomorrow. Ald. Rainey asked if the cameras will be monitored at the high school or the police department. Chief Eddington stated that the images can be seen at both locations. After discussion, the Committee voted unanimously 5-0 to approve the payroll, bills list and credit card activity. (A3.1) Approval of Sole-Source Contract with EJ Equipment for the Purchase of CCTV Pipeline Inspection Equipment Staff recommends that City Council authorize the City Manager to execute a sole- source contract for the purchase of CCTV pipeline inspection equipment with EJ Equipment (P.O. Box 665, Manteno, IL) in the amount of $37,061. Funding is provided by the Sewer Fund, Account 7415.65625, which has budgeted $37,500 in FY 2014 for this purchase. For Action Ald. Grover moved to recommend that City Council authorize the City Manager to execute a sole-source contract with EJ Equipment, seconded by Ald. Holmes. The Committee voted unanimously 5-0 to recommend execution of the contract. (A3.2) Approval of Sole-Source Contract with Hydro International for the Purchase of Vortex Restrictors Staff recommends that City Council authorize the City Manager to execute a sole- source contract for the purchase of Vortex Restrictors with Hydro International (94 Hutchins Drive, Portland, ME) in the amount of $70,350. Funding is provided by the Sewer Fund Accounts 7400.65055 and 7400.65080. For Action Ald. Holmes moved to recommend that City Council authorize the City Manager to execute a sole-source contract with Hydro International, seconded by Alderman Grover. The Committee voted unanimously 5-0 to recommend execution of the contract. 28 of 605 Administration and Public Works Committee Meeting Minutes of 1-13-14 Page 3 of 12 (A3.3) Approval of Solid Waste Agency of Northern Cook County (SWANCC) Disposal Fees for FY 2014 Staff recommends approval of the 2014 refuse disposal fees to SWANCC (Solid Waste Agency of Northern Cook County) in the not to exceed amounts of $83,300 for capital costs, $1,000,000 for operations and maintenance and $40,000 in recycling transfer fees. Funding is provided by the Solid Waste Fund Accounts, 7685.68310 (capital costs), 7685.62405 (operations and maintenance costs), and 7690.62415 (recycling costs). For Action Ald. Braithwaite moved to recommend approval of the 2014 refuse disposal fees to SWANCC, seconded by Ald. Grover. Ald. Grover highlighted the 5,000 ton per year reduction of waste generated since 2008, which has resulted in a corresponding decrease in disposal fees for the City. Director Robinson pointed out that the fixed costs are decreasing as well. The proposed budget remains the same, but there is a contingency on both sides. Operations and maintenance costs have been reduced from $1.2 million to $1 million per year. In 2013, the cost was $681,000 and if the City generates less waste that amount will decrease. At Ald. Rainey’s inquiry, Director Robinson explained that given the increase in the price of the large trash can there was an uptick in the number of people requesting smaller trash cans. After discussion, the Committee voted unanimously 5-0 to recommend approval of fees to SWANNC. (A4.1) Approval of Change Order #1 for Engineering Services for the Evanston Water Utility 48-inch Diameter Intake Improvements (RFP 12-113) Staff recommends City Council authorize the City Manager to execute Change Order No. 1 to an agreement for Engineering Services for the Evanston Water Utility 48-inch Diameter Intake Improvements project with Carollo Engineers, Inc. (1200 Shermer Road, Suite 214, Northbrook, IL) in the not-to-exceed amount of $675, increasing the contract amount from $159,983 to $160,658. This change order will also extend the contract completion date by 12 months, from March 31, 2014 to March 31, 2015. Funding is provided by the Water Fund, Capital Improvement Account 733074.62140, which has a FY 2014 budget allocation of $1,900,000. For Action Ald. Burrus moved to recommend authorizing the City Manager to execute Change Order No. 1 with Carollo Engineers, Inc., seconded by Ald. Grover. Lara Biggs, Superintendent of Construction and Field Services for Utilities, explained that a heating system was previously installed on the 54-inch heating intake. This project will install heating equipment on a second intake to keep ice from sticking during extremely cold weather. She explained that other communities don’t use the same process because they have more onsite storage (up to 48 hours). Evanston has a limited amount (approximately 12 hours of storage) onsite. 29 of 605 Administration and Public Works Committee Meeting Minutes of 1-13-14 Page 4 of 12 After discussion, the Committee voted unanimously 5-0 to recommend authorization of the Change Order. (A4.2) Approval of Change Order #1 for the Davis Street Water Main & Sewer Replacement Project (Bid 13-36) Staff recommends that the City Council authorize the City Manager to execute Change Order Number 1, in the not-to-exceed amount of $69,592.43, with Bolder Contractors, Inc. for completing additional construction items for the project. This will increase the agreement amount from $2,648,200 to $2,717,792.43. $58,465.59 is provided from the Water Fund (733086.65515), and $11,126.84 from the Sewer Fund (7420.65515). For Action Ald. Grover moved to recommend authorizing the City Manager to execute Change Order No. 1 with Bolder Contractors, seconded by Ald. Burrus. Ald. Braithwaite, Chair of the Minority, Women and Evanston Business Enterprise (MWEBE) Program explained that Bolder Contractors is not Local Employment Program (LEP) compliant. LEP regulations state that a minimum of one Evanston resident be considered for employment for any contract over $250,000. Ald. Braithwaite stated his understanding is that Bolder Contractors initially agreed to participate in the LEP program. During the project, they decided not to participate and relayed that they would pay the penalty based on the number of days. The project took longer than expected and Bolder asked the City to relieve the fine. Homayoon Pirooz, City Engineer, explained that Bolder contacted the City mid- summer to explain that they could not find a qualified Evanston resident to participate in the project. Bolder subsequently agreed to pay the fine because they are non- compliant. Ald. Braithwaite requested documentation of the search for a local candidate. Mr. Pirooz agreed that in the future contractors will be required to show proof of advertising to Evanston residents for their projects. Ald. Holmes stated that there were many trained Evanston residents with sewer experience. She asked if Bolder approached the City for assistance in locating skilled professionals. At Ald. Rainey’s inquiry, Mr. Pirooz explained the project is completed. The Change Order is for 2.5% of the total contract price. Ald. Braithwaite recommended holding this item for two weeks pending documentation from Bolder Contractors. (A5) Approval of Memorandums of Understanding and Amendment No. 1 to the Agreement with MWH Americas, Inc. for Engineering Service for a Water Supply Transmission Main Study Staff recommends City Council authorize the City Manager to: 1) negotiate and execute Memorandums of Understanding (MOU) for a revised transmission main 30 of 605 Administration and Public Works Committee Meeting Minutes of 1-13-14 Page 5 of 12 study for the potential supply of water from the City of Evanston to: the Village of Niles, the Village of Morton Grove, the City of Park Ridge and the Village of Glenview, and 2) negotiate and execute Amendment No. 1 to the agreement with MWH Americas, Inc. (175 W. Jackson Blvd, Suite 1900, Chicago, IL) for a revised Water Supply Transmission Main Study in the not-to-exceed amount of $24,600 and extending the completion date to April 16, 2014. Funding is provided by the Water Fund, Account 7125.62180. For Action Ald. Holmes moved to recommend authorization for the City Manager to negotiate and execute MOUs and Amendment No. 1 for a revised Water Supply Transmission Main Study, seconded by Ald. Grover. Dave Stoneback, Director of Utilities, explained that the alliance is seeking an alternate water supply other than the City of Chicago. Evanston provided a cost per 1,000 gallons based on a completed cost of service study. We also indicated we would provide an updated Transmission Main Study to either move forward with Evanston or compare to a purchasing order from another seller. At Ald. Rainey’s inquiry, Director Stoneback explained that the cost of constructing the transmission main will need to be approved by their respective Councils. Evanston’s share of the study is $4,920 if the alliance reaches the full amount of the contract. After discussion, the Committee voted unanimously 5-0 to recommend authorization for the City Manager to negotiate and execute MOUs and Amendment No. 1 for a revised Water Supply Transmission Main Study. (A6) Approval of Agreement with AT&T for Downtown Evanston WiFi Network Staff recommends that the City Council authorize the City Manager to enter into an agreement with AT&T to provide a Wireless Network in sections of the Downtown using City Infrastructure (light poles) that will provide both a private and public (free) wireless access at the street level in the areas defined in the project. All costs associated with the installation and maintenance of the WiFi network would be the responsibility of AT&T. For Action Ald. Braithwaite moved to recommend approval of the agreement with AT&T to provide a Wireless Network in sections of downtown Evanston, seconded by Ald. Grover. Assistant City Manager Lyons explained AT&T determined where they have a lack of service during peak times and approached the City to install a Wi-Fi network using City infrastructure. The public network service will be extended to all users in the downtown area (sidewalk cafes, business and foot traffic). Ald. Rainey and Grover are both in support of the public network in the downtown area. There would be a benefit to all, not just AT&T customers. Ald. Rainey added that this initiative should be pursued in other business districts as well. 31 of 605 Administration and Public Works Committee Meeting Minutes of 1-13-14 Page 6 of 12 (A7)Report on Vacant Property Fine – 1890 Maple Avenue Staff recommends that the City Council receive and file this report. For Action Ald. Burrus moved to recommend that City Council receive and file the Vacant Property Fine report for 1890 Maple Avenue, seconded by Ald. Braithwaite. Ald. Braithwaite referred to the letter to Bob King of Parc Investment Property, LLC from City Manager Bobkiewicz on page 140 of the packet. The letter states that the payment of $2,400 in fines related to the City’s vacant property ordinance would be refunded as a credit through permit fees. Mr. King is requesting a refund to the original entity that paid the violation. City Manager Bobkiewicz needs Council’s approval to process the request. Mr. King thanked various City staff for their cooperation with 1890 Maple project. He explained that the project is on time and on budget. There should be some occupancy by the end of the year, with the project slated for completion by the end of the second quarter of 2015. Ald. Grover stated that the form of reimbursement does not matter. She did find the summary of the vacant building process and affordable housing in the report to be interesting. She suggested listing vacant properties online so residents can monitor progress. At Ald. Rainey’s inquiry, Mr. King confirmed that the notification letter to register as a vacant property was dated after the original plan development was approved. She explained that one of the requirements of a vacant property is not to advertise “For Rent/Sale.” Ald. Braithwaite will make the amendment to the report. After discussion and pending the amendment by Ald. Braithwaite, the Committee voted unanimously 5-0 to accept the report and recommend the City Manager refund the fine. (A8) Approval of Proposed Lease Agreement with Northwest Center Against Sexual Abuse (NWCASA) for Space at the Morton Civic Center Staff is requesting City Council approval for the City Manager to negotiate the lease of office space with Northwest Center Against Sexual Abuse (NWCASA) at the rate of $11.00 per square foot for a total monthly rent of $250. For Action Ald. Grover moved to recommend approval of the proposed lease agreement of office space for NWCASA and the Children’s Advocacy Center (CAC) in the Civic Center, seconded by Ald. Holmes. The Committee voted unanimously 5-0 to approve the proposed lease agreement. 32 of 605 Administration and Public Works Committee Meeting Minutes of 1-13-14 Page 7 of 12 (A9) Resolution 1-R-14: Collective Bargaining Agreement with the International Association of Firefighters Local 742 Staff recommends City Council approval of Resolution 1-R-14 to authorize the City Manager to execute a collective bargaining agreement with the International Association of Firefighters (IAFF) Local 742 effective January 1, 2014 through December 31, 2016. For Action Ald. Holmes moved to recommend approval of Resolution 1-R-14: Collective Bargaining Agreement with the International Association of Firefighters Local 742, seconded by Ald. Grover. The Committee voted unanimously 5-0 to approve Resolution 1-R-14. (A10)Resolution 5-R-14 “Authorizing the City Manager to Negotiate a Contract for the Purchase of Real Property Located at 721-723 Howard Street in Evanston, Illinois” Staff recommends approval of Resolution 5-R-14 authorizing the City Manager to negotiate a contract for the purchase of Real Property located at 721-723 Howard Street in Evanston, Illinois. Funding is provided by the Howard Ridge Tax Increment Financing (TIF) District. For Action Ald. Braithwaite recommended approval of Resolution 5-R-14 authorizing the City Manager to negotiate a contract for the purchase of Real property located at 721-723 Howard Street in Evanston, IL, seconded by Ald. Grover. Ald. Rainey commended staff for negotiating the contract and keeping in touch with all parties involved. She explained that after her public comments about BMO Harris Bank, who was previously non-responsive to staff, the calls began to be returned. Negotiations started at $140,000 and are now down to almost half that amount. The Committee voted unanimously 5-0 to recommend approval Resolution 5-R- 14. (A11) Ordinance 4-O-14, Permitting Issuance of a Class C Liquor License to Egg Em on Clarke’s Inc., d/b/a Clarke’s Staff recommends City Council adoption of Ordinance 4-O-14, which increases the number of authorized Class C liquor licenses to twenty (20), and permit issuance of a Class C license to Egg Em on Clarke’s Inc., d/b/a Clarke’s (“Company”), 720 Clark Street. For Introduction Ald. Burrus moved to recommend adoption of Ordinance 4-O-14, seconded by Ald. Grover. Thomas Tsatas has owned Egg Em’s on Clarke’s, Inc. for almost 20 years. The purpose of the liquor license is increase sales to offset expenses for the business. Egg Em’s does not only sell breakfast; he would like to offer beer, wine, etc. during lunch/dinner. 33 of 605 Administration and Public Works Committee Meeting Minutes of 1-13-14 Page 8 of 12 Ald. Braithwaite’s inquiry, Mr. Tsatas agreed to abide by the ordinance when determining hours of liquor sales. Ald. Holmes asked City Attorney Farrar if the serving time for alcohol is consistent for all liquor license applicants, using Starbucks as an example. Mr. Farrar responded that Starbucks was a distinct carve out. Specific license classes have a delineated time as set by City Code. However, since liquor licenses are local by character, it is appropriate for the Mayor and Council to do carve-outs with respect to specific licenses. Ald. Holmes is very concerned about restaurants that serve children and families selling liquor too early. Ald. Grover added that the Starbucks request was specific to an evening “happy hour” program. Ald. Rainey confirmed that the Code states liquor is available for sale Monday through Friday at 11am and Sunday at 12pm. After discussion, the Committee voted unanimously 5-0 to recommend adoption of Ordinance 4-O-14. (A12) Ordinance 5-O-14, Decreasing the Number of Class G Liquor Licenses, Trader Joe’s East Inc. d/b/a Trader Joe’s #702 Staff recommends City Council adoption of Ordinance 5-O-14, which decreases the number of Class G liquor licenses from two (2) to one (1) due to Trader Joe’s East Inc. d/b/a Trader Joe’s (“Company”) relinquishing its Class G liquor license for a Class F liquor license. For Introduction Ald. Grover moved to adopt Ordinance 5-O-14, which decreases the number of Class G liquor licenses from two (2) to one (1) due to Trader Joe’s relinquishing its Class G liquor license for a Class F liquor license, seconded by Ald. Braithwaite. The Committee voted unanimously 5-0 to adopt Ordinance 5-O-14. (A13) Ordinance 6-O-14, Increasing the Number of Class F Liquor Licenses for Trader Joe’s East Inc. d/b/a Trader Joe’s #702 Staff recommends City Council adoption of Ordinance 6-O-14, which increases the number of Class F liquor licenses from eight (8) to nine (9), and permit issuance of a Class F license to Trader Joe’s East, Inc. d/b/a Trader Joe’s #702 (“Company”), 1211 Chicago Avenue. For Introduction Ald. Grover moved to adopt Ordinance 6-O-14, which increases the number of Class F liquor licenses from eight (8) to nine (9), and permit issuance of a Class F license to Trader Joe’s, seconded by Ald. Rainey. The Committee voted unanimously 5-0 to adopt Ordinance 6-O-14. 34 of 605 Administration and Public Works Committee Meeting Minutes of 1-13-14 Page 9 of 12 (A14) Ordinance 7-O-14, Increasing the Number of Class C Liquor Licenses for L3 Evanston LLC, d/b/a Lyfe Kitchen Staff recommends City Council adoption of Ordinance 7-O-14, which amends Evanston City Code of 2012 Subsection 3-4-6-(C), as amended, to increase the number of authorized Class C liquor licenses from twenty (20) to twenty-one (21), and permit issuance of a Class C license to L3 Evanston LLC, d/b/a Lyfe Kitchen (“Company”), 1603 Orrington Avenue. For Introduction Ald. Holmes moved to recommend adoption of Ordinance 7-O-14, which amends Evanston City Code of 2012 Subsection 3-4-6-(C), to increase the number of authorized Class C liquor licenses from twenty (20) to twenty- one (21), and permit issuance of a Class C license to L3 Evanston LLC, d/b/a Lyfe Kitchen, seconded by Ald. Braithwaite. Carey Cooper, Partner, requested consideration of application for issuance of a Class B (Restaurant/Hotel in Core Area) liquor license. CC explained that Lyfe Kitchen is a healthy food restaurant that serves food entrees that are 600 calories or less and low in sodium. They have a location at Clark and Hubbard in Chicago and look forward to expanding to Evanston. They hope to be open by April 2014 at 1603 Orrington. The Committee voted unanimously 5-0 to recommend adoption of Ordinance 7-O-14. (A15) Ordinance 8-O-14, Increasing the Number of Class C Liquor Licenses for Horizon Group Management, LLC, d/b/a The Crystal Residence, 1611 Chicago Avenue Staff recommends City Council adoption of Ordinance 8-O-14, which amends Evanston City Code of 2012 Subsection 3-4-6-(C), as amended, to increase the number of authorized Class C liquor licenses from twenty-one (21) to twenty-two (22), and permit issuance of a Class C license to Horizon Group Management, LLC, d/b/a The Crystal Residence (“Company”), formerly called the North Shore Hotel, 1611 Chicago Avenue For Introduction Ald. Braithwaite moved to recommend adoption of Ordinance 8-O-14 increasing the number of Class C liquor license from twenty-one (21) to twenty-two (22), and permit issuance of a Class C license to The Crystal Residence, seconded by Ald. Grover. Jeff Michael, COO of Horizon Management Group, requested consideration of application for issuance of a Class B (Restaurant/Hotel in Core Area) liquor license. He explained that the Northshore Hotel is rebranding itself as The Crystal Residence. Part of the renovation and addition includes expanding the dining experience to include alcoholic beverages primarily to residences and outside catered events. There will be a restaurant, a lounge, and ballroom. The opening is slated for completion in April. After discussion, the Committee voted unanimously 5-0 to recommend adoption of Ordinance 8-O-14. 35 of 605 Administration and Public Works Committee Meeting Minutes of 1-13-14 Page 10 of 12 (A16) Ordinance 9-O-14, Increasing the Number of Class C Liquor Licenses for A Bite of China, Inc., d/b/a Lao Sze Chuan, 1633 Orrington Avenue Staff recommends City Council adoption of Ordinance 9-O-14, which amends Evanston City Code of 2012 Subsection 3-4-6-(C), as amended, to increase the number of authorized Class C liquor licenses from twenty-two (22) to twenty- three (23), and permit issuance of a Class C license to A Bite of China, Inc., d/b/a Lao Sze Chuan (“Company”), 1633 Orrington Avenue. For Introduction Ald. Burrus moved to recommend adoption of Ordinance 9-O-14, which amends Evanston City Code of 2012 Subsection 3-4-6-(C), to increase the number of authorized Class C liquor licenses from twenty-two (22) to twenty-three (23), and permit issuance of a Class C license to A Bite of China, Inc., seconded by Ald. Grover. Patrick Deacon spoke on behalf of Lae Sze Chuan and requested consideration of application for issuance of a Class C liquor license. The Committee voted unanimously 5-0 to recommend adoption of Ordinance 9-O-14. (A17) Ordinance 11-O-14, Increasing the Number of Class C Liquor Licenses for HKK LCC, d/b/a HKK, 804 Davis Street Staff recommends City Council adoption of Ordinance 11-O-14, which amends Evanston City Code of 2012 Subsection 3-4-6-(C), as amended, to increase the number of authorized Class C liquor licenses from twenty-three (23) to twenty- four (24), and permit issuance of a Class C license to HKK LCC, d/b/a HKK (“Company”), 804 Davis Street. For Introduction Ald. Grover moved to recommend adoption of Ordinance 11-O-14, which amends Evanston City Code of 2012 Subsection 3-4-6-(C), to increase the number of authorized Class C liquor licenses from twenty-three (23) to twenty-four (24), and permit issuance of a Class C license to HKK LCC, seconded by Ald. Holmes. John Kim spoke on behalf of HKK and requested consideration of application for issuance of a Class C liquor license. The new name of the restaurant will be Boltwood. The concept is a farm-to-table restaurant with a full service bar. Chef Brian Huston will be managing the kitchen and Mr. Kim will manage the front end. The Committee voted unanimously 5-0 to recommend adoption of Ordinance 11-O-14. (A18) Ordinance 10-O-14, Enacting a New Subsection 3-4-6-(M) of the City Code, “Class M” Liquor Licenses Local Liquor Commissioner recommends approval of Ordinance 10-O-14, “Amending City Code Section 3-4-6 By Creating the New Class M Liquor License,” permitting licensees to sell beer as part of brew-it-yourself beer-making 36 of 605 Administration and Public Works Committee Meeting Minutes of 1-13-14 Page 11 of 12 classes, parties, events, demonstrations and similar activities. For Introduction Ald. Holmes moved to recommend adoption of Ordinance 10-O-14, Enacting a New Subsection 3-4-6-(M) of the City Code, “Class M” Liquor Licenses, seconded by Ald. Burrus. Richard Sandrok, The Grain & the Grape, Homebrew and Winemaking Supply Retailer, seeks consideration of a Class M liquor license. Mr. Sandrok seeks to sell equipment and supplies for home brew of beer and wine geared towards hobbyists. Additionally, he plans to offer classes on home brewing that will involve storage during fermentation and tasting of final alcohol. At Ald. Braithwaite’s inquiry, Mr. Sandrok confirmed that he does not yet have a business location as a competitor recently moved into a district of interest. The Committee voted unanimously 5-0 to recommend adoption of Ordinance 10-O-14. V. ITEMS FOR DISCUSSION (APW1) Consideration of Options for City of Evanston Electricity Purchase Dave Stoneback, Utilities Director, explained that 23 City-owned buildings receive electricity through their franchise agreement with Com Ed. The City is currently in a contract with Constellation (Exelon) that expires May 14, 2014. The current rate is $0.04892/ kWh, which contract includes 25% green energy from renewable energy credits. Annual usage is 23,000,000 kWh with an annual cost of $1,125,000. RFP 1401 – Results of Request for Qualifications and Indicative Pricing were received on January 7, 2014 from 6 entities. If the City chooses the average 3-year brown solution, costs would increase by $77,000. If the 3-year green solution is chosen, the cost increases by $122,000. Staff and Utilities Commission Subcommittee recommend seeking prices for a 3- year, 100% green energy (within 5% of base price) contract with a requirement to perform 3 energy audits at different buildings during the term of the contract. Catherine Hurley, Sustainable Programs Coordinator, explained that there were approximately $180,000 in energy efficiency savings since 2009. These were funded predominantly from grants and rebates. Ms. Hurley stated that in order to qualify for the rebates, there must be proof of energy audits. Several audits have been completed for free through various state agencies and programs. An indicative pricing questionnaire was included in the indicative pricing RFP to describe their energy efficiency services. Staff recommended a defined scope of services to perform energy audits for 3 City facilities (one per year). Recently audited buildings include the Levy Center, Fleetwood-Jourdain, Chandler, Ecology Center and the Utilities Plant. There are still facilities left to be completed. Ald. Rainey suggested publishing a press release to residents about what is included and not included in the City program. Ald. Holmes would like to print 37 of 605 Administration and Public Works Committee Meeting Minutes of 1-13-14 Page 12 of 12 information in her newsletter so that residents are not confused by calls and visits from energy companies. At Ald. Grover’s inquiry, Ms. Hurley confirmed that the savings that City has seen from grant funding since 2009 included installation of equipment and energy-saving light bulbs. She explained funding came from a combination of the federal stimulus Energy Efficiency and Conservation Block Grant and the State of Illinois Department of Commerce and Economic Opportunity reimbursement funds. VI. COMMUNICATIONS There were no communications. VII. ADJOURNMENT Ald. Rainey moved to adjourn, seconded by Ald. Holmes. The Committee voted unanimously 5-0 to adjourn. The meeting was adjourned at 7:15 p.m. Respectfully submitted, Janella Hardin 38 of 605 To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/Chief Financial Officer Shannon Sheriff, Accounts Payable Coordinator Subject: City of Evanston Payroll and Bills Date: January 23, 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 – December 30, 2013 through January 12, 2014 $3,024,436.01 (Payroll includes employer portion of IMRF, FICA, and Medicare) Bills List – January 28, 2014 FY: 2014 $1,299,203.94 General Fund Amount – Bills list $ 83,488.00 General Fund Amount – Supplemental list $ 0.00 General Fund Total: $ 83,488.00 FY: 2013 $2,346,065.84 General Fund Amount – Bills list $742,374.10 General Fund Amount – Supplemental list $ 0.00 General Fund Total: $742,374.10 TOTAL BILLS LIST AMOUNT $6,669,705.79 *Advanced checks are issued prior to submission of the Bills List to the City Council for emergency purposes, to avoid penalty, or to take advantage of early payment discounts. Credit Card Activity – Period End November 30, 2012 $ 111,700.60 Attachments: Bills Lists, November Credit Card Transactions For City Council meeting of January 27, 2014 Item A1/A2 Business of the City by Motion: City Payroll and Bills For Action Memorandum 39 of 605 CITY OF EVANSTON, ILR5504003B BILLS LIST 01/28/14PERIOD ENDING 00100 GENERAL ACCOUNT 100 GENERAL FUND ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 100.21640 GUARDIAN MONTHLY INVOICE 14,382.17 100.41420 DIRECTOR, ILLINOIS STATE POLICE SEIZED FUNDS CASE #13-24001 474.00 100.21639 EYE MED VISION CARE MONTHLY INVOICE 3,064.10 100.21650 NATIONAL GUARDIAN LIFE INSURANCE MONTHLY INVOICE 339.39 18,259.66 1300 CITY COUNCIL 1300.62360 ILLINOIS MUNICIPAL LEAGUE MEMBERSHIP DUES 3,513.00 1300.62295 GROVER, JANE W.REIMB-NLC REGISTRATION FEE 580.00 4,093.00 1400 CITY CLERK 1400.65010 PIONEER PRESS MEMBERSHIP 34.00 34.00 1705 LEGAL ADMINISTRATION 1705.62360 FORD JR, HENRY J ARDC REGISTRATION 342.00 1705.62360 TRETO JR, MARIO ARDC MEMBERSHIP 107.31 1705.62345 CHICAGO TITLE INSURANCE EXAM FEE 1,250.00 1,699.31 1905 ADM.SERVICES- GENERAL SUPPORT 1905.62185 ACCOUNTEMPS COLLECTIONS COORDINATOR 787.20 787.20 1910 FINANCE DIVISION - REVENUE 1910.64541 AZAVAR TECHNOLOGIES UTILITY TAX AUDIT 51.92 51.92 1915 HUMAN RESOURCE DIVI. - PAYROLL 1915.65095 TEUTEBERG INC PAPER STOCK 778.31 778.31 1929 HUMAN RESOURCE DIVISION 1929.62509 EAP CONSULTANTS, INC.MONTHLY INVOICE 1,013.82 1,013.82 1932 INFORMATION TECHNOLOGY DIVI. 1932.65615 COMCAST CABLE COMMUNICATION CHARGES 3,853.04 3,853.04 2120 HOUSING REHABILITATION 2120.62360 SECRETARY OF STATE NOTARY 10.00 10.00 2126 BUILDING INSPECTION SERVICES 2126.62464 LAMBERG, BRIAN K ELECTRICAL INSPECTIONS 50.00 2126.62360 GARESCHE JR, CLAUDE F REIMB.-I.A.E.I MEETING 225.00 275.00 2205 POLICE ADMINISTRATION 2205.62360 RING, MARIANNE CONSULTANT 816.00 2205.62360 RING, MARIANNE CONSULTANT 510.00 1,326.00 1 *ADVANCED PAYMENTS40 of 605 CITY OF EVANSTON, ILR5504003B BILLS LIST 01/28/14PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2250 SERVICE DESK 2250.62425 COLLEY ELEVATOR CO.INSPECTION SERVICES 176.00 176.00 2260 OFFICE OF ADMINISTRATION 2260.64565 COMCAST CABLE COMMUNICATION CHARGES 72.81 2260.62295 DE LEON, ERVIN MEALS-BULLET TRAJECTORY 45.00 2260.62295 BROWN, CHELSEA MEALS-INVESTIGATIVE INTERVIEW 45.00 2260.62295 FAISON, JEFFREY MEALS-INVESTIGATIVE INTERVIEW 45.00 2260.62295 UNIVERSITY OF LOUISVILLE MEMBERSHIP 550.00 2260.62295 NORTHWEST POLICE ACADEMY EPD TRAINING 75.00 832.81 2280 ANIMAL CONTROL 2280.62225 ANDERSON PEST CONTROL PEST MANAGEMENT 52.76 2280.65125 PETSMART ANIMAL SHELTER 62.91 115.67 2305 FIRE MGT & SUPPORT 2305.62360 ILLINOIS FIRE CHIEFS ASSOC. MEMBERSHIP DUES 600.00 600.00 2315 FIRE SUPPRESSION 2315.62360 METROPOLITAN FIRE CHIEFS MEMBERSHIP DUES 40.00 2315.62360 METROPOLITAN FIRE CHIEFS MEMBERSHIP DUES 40.00 2315.62605 MABAS DIVISION III ANNUAL DUES 5,000.00 5,080.00 2407 HEALTH SERVICES ADMIN 2407.65125 NAOMI RUTH COHEN INSTITUTE MENTAL HEALTH CONFERENCE 175.00 2407.62360 ILLINOIS PUBLIC HEALTH ASSOC. IPHA MEMBERSHIP 500.00 2407.62210 ALLEGRA PRINT & IMAGING BUSINESS CARDS 39.00 714.00 2435 FOOD AND ENVIRONMENTAL HEALTH 2435.62360 IL ASSOC OF CODE ENFORCEMENT MEMBERSHIP DUES 25.00 2435.62360 IL ASSOC OF CODE ENFORCEMENT MEMBERSHIP DUES 25.00 2435.62360 IL ASSOC OF CODE ENFORCEMENT MEMBERSHIP DUES 25.00 2435.62360 IL ASSOC OF CODE ENFORCEMENT MEMBERSHIP DUES 25.00 100.00 2440 VITAL RECORDS 2440.62210 MSF GRAPHICS, INC.BIRTH CERTIFICATES 494.00 494.00 2610 MUNICIPAL SERVICE CENTER 2610.62440 METRO DOOR AND DOCK, INC.OVERHEAD DOOR MAINTENANCE 561.98 2610.62440 METRO DOOR AND DOCK, INC.OVERHEAD DOOR MAINTENANCE 948.30 1,510.28 2670 STREET AND ALLEY MAINTENANCE 2670.62415 MAROUS & COMPANY ALLEY APPRAISAL NORTH OF LYONS 1,400.00 1,400.00 2677 FACILITIES 2677.62225 ANDERSON PEST CONTROL PEST MANAGEMENT 464.20 464.20 2680 SNOW AND ICE CONTROL 2680.62451 WWF TOWING TOWING RETAINER 150.00 2 *ADVANCED PAYMENTS41 of 605 CITY OF EVANSTON, ILR5504003B BILLS LIST 01/28/14PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2680.62451 ALERT TOWING, INC.TOWING RETAINER 150.00 2680.62451 ALERT TOWING, INC.SNOW TOW PAYMENT 720.00 2680.62451 ALPHA CARRIER EXPERTS, INC.SNOW TOW PAYMENT 2,840.00 2680.62451 ALPHA CARRIER EXPERTS, INC.TOWING RETAINER 450.00 2680.62451 AUTO CARRIER EXPRESS, INC. TOWING RETAINER 450.00 2680.62451 AUTO CARRIER EXPRESS, INC. SNOW TOW PAYMENT 2,940.00 2680.62451 AUTO RECOVERY AND TOWING TOWING RETAINER 150.00 2680.62451 AUTO RECOVERY AND TOWING SNOW TOW PAYMENT 1,520.00 2680.62451 C'S TOWING SERVICE, INC.SNOW TOW PAYMENT 1,480.00 2680.62451 EMERGENCY ROAD SERVICE, INC. TOWING RETAINER 150.00 2680.62451 EMERGENCY ROAD SERVICE, INC. SNOW TOW PAYMENT 1,480.00 2680.62451 FRANKSA TOWING SNOW TOW PAYMENT 1,480.00 2680.62451 FREEDOM TOWING, INC.SNOW TOW PAYMENT 1,320.00 2680.62451 FREEDOM TOWING, INC.TOWING RETAINER 300.00 2680.62451 G & J TOWING TOWING RETAINER 150.00 2680.62451 G & J TOWING SNOW TOW PAYMENT 1,460.00 2680.62451 LOUIE'S TOWING SNOW TOW PAYMENT 1,440.00 2680.62451 LOUIE'S TOWING TOWING RETAINER 150.00 2680.62451 MOBILE TRANSPORT, LLC SNOW TOW PAYMENT 4,520.00 2680.62451 MOBILE TRANSPORT, LLC TOWING RETAINER 450.00 2680.62451 MONARCA TOWING SERVICE, INC. SNOW TOW PAYMENT 1,520.00 2680.62451 MONARCA TOWING SERVICE, INC. TOWING RETAINER 150.00 2680.62451 NORTH SHORE TOWING SNOW TOW PAYMENT 1,460.00 2680.62451 NORTH SHORE TOWING TOWING RETAINER 150.00 2680.62451 FRANCISCO DE JESUS TOWING RETAINER 150.00 2680.62451 FRANCISCO DE JESUS SNOW TOW PAYMENT 1,500.00 2680.62451 S & L TOWING INC SNOW TOW PAYMENT 2,160.00 2680.62451 S & L TOWING INC TOWING RETAINER 300.00 2680.62451 T-BONE TOWING TOWING RETAINER 150.00 2680.62451 T-BONE TOWING SNOW TOW PAYMENT 1,500.00 2680.62451 ULRIC RECOVERY, INC.TOWING RETAINER 150.00 2680.62451 ULRIC RECOVERY, INC.SNOW TOW PAYMENT 1,440.00 2680.62451 VIC'S TOWING, INC.TOWING RETAINER 150.00 2680.62451 VIC'S TOWING, INC.SNOW TOW PAYMENT 1,500.00 2680.62451 WWF TOWING SNOW TOW PAYMENT 1,500.00 37,530.00 3025 PARK UTILITIES 3025.64015 NICOR 0632 UTILITIES 117.92 117.92 3035 CHANDLER COMMUNITY CENTER 3035.62495 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICE 31.20 31.20 3040 FLEETWOOD JOURDAIN COM CT 3040.62507 POSITIVE CONNECTIONS, INC.FIELD TRIP BUS WINTER CAMP 88.00 88.00 3050 RECREATION OUTREACH PROGRAM 3050.62507 POSITIVE CONNECTIONS, INC.FIELD TRIP BUS WINTER CAMP 132.00 132.00 3 *ADVANCED PAYMENTS42 of 605 CITY OF EVANSTON, ILR5504003B BILLS LIST 01/28/14PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3055 LEVY CENTER SENIOR SERVICES 3055.62509 UNITED STATES FIRE PROTECTION ANNUAL SPRINKLER INSPECTION 250.00 3055.62360 ASSOCIATION OF ILLINOIS SENIOR MEMBERSHIP 2014 50.00 3055.62495 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICE 44.94 3055.65110 PERCOLATOR FILMS NFP AGING WELL CONFERENCE DONATION 100.00 3055.62505 ROSMAN, SHARON BOOK CLUB FACILITATOR 1X/MONTH 300.00 744.94 3095 CROWN ICE RINK 3095.62360 SESAC MUSIC LICENSE FEES 2014 1,115.00 1,115.00 3710 NOYES CULTURAL ARTS CTR 3710.62495 ANDERSON PEST CONTROL PEST MANAGEMENT 60.72 60.72 83,488.00 00205 EMERGENCY TELEPHONE SYSTEM 5150 EMERGENCY TELEPHONE SYSTM 5150.65085 MOTOROLA SOLUTIONS, INC.COMMUNICATION CHARGES 1,499.23 5150.62509 PREON POWER MAINTENANCE AGREEMENT 1,350.00 2,849.23 2,849.23 00220 CD LOAN FUND 5280 CD LOAN 5280.62190 CLEAN CITY INNOVATIONS, LLC GRAFFITI REMOVAL 835.00 835.00 835.00 00320 DEBT SERVICE FUND 5706 2006B BONDS 5706.62350 WELLS FARGO BANK G.O. SERIES 2006B 250.00 250.00 250.00 00505 PARKING SYSTEM FUND 7025 CHURCH STREET GARAGE 7025.62509 REVCON TECHNOLOGIES, INC.CHURCH ST SELF PK MAINTENANCE 1,590.00 1,590.00 7036 SHERMAN GARAGE 7036.62509 REVCON TECHNOLOGIES, INC.SHERMAN PLAZA MAINTENANCE 4,506.00 4,506.00 7037 MAPLE GARAGE 7037.62509 REVCON TECHNOLOGIES, INC.MAPLE ST GARAGE MAINTENANCE 3,021.60 3,021.60 9,117.60 00510 WATER FUND 4 *ADVANCED PAYMENTS43 of 605 CITY OF EVANSTON, ILR5504003B BILLS LIST 01/28/14PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7105 PUMPING 7105.64015 NICOR 0632 UTILITIES 50.75 50.75 7110 FILTRATION 7110.65060 CHICAGO INTERNATIONAL TRUCKS, MIRROR ARM 276.30 276.30 7125 OTHER OPERATIONS 7125.62180 MWH AMERICAS, INC.CMMS REVIEW STUDY 13,845.00 13,845.00 14,172.05 00513 WATER-DEPR, IMPROV & EXTENSION 733101 NEW AMR REPLACEMENT PROGRAM 733101.65155 WATER RESOURCES AUTOMATIC METER INFORMATION 59,654.70 59,654.70 59,654.70 00600 FLEET SERVICES 7710 MAJOR MAINTENANCE 7710.65060 WHOLESALE DIRECT INC SPREADER LIGHT LED CLEAR 210.36 7710.65060 WHOLESALE DIRECT INC WIPER BLADES 444.39 7710.65060 WHOLESALE DIRECT INC WIPER BLADES 302.75 7710.65060 WHOLESALE DIRECT INC SPREADER LIGHT LED CLEAR 310.36 7710.65060 ZARNOTH BRUSH WORKS, INC.SWEEPER BROOM 442.65 7710.65060 CARQUEST EVANSTON STEERING WHEEL COVER #534 4.39 7710.65060 CARQUEST EVANSTON BRAKE JOB #910 364.44 7710.65060 CARQUEST EVANSTON AIR FILTER 21.81 7710.65060 CARQUEST EVANSTON BULBS 49.86 7710.65060 CARQUEST EVANSTON BULBS 37.54 7710.65060 CARQUEST EVANSTON PIN FLASHER 52.00 7710.65060 CARQUEST EVANSTON SWAY BAR BUSHINGS #910 7.48 7710.65060 CARQUEST EVANSTON SHOP TOOL 139.99 7710.65060 CARQUEST EVANSTON FITTINGS 59.40 7710.65060 CARQUEST EVANSTON OIL FILTER 10.88 7710.65060 CARQUEST EVANSTON GAS CAN 26.38 7710.65060 CARQUEST EVANSTON STARTING FLUID 66.00 7710.65060 CARQUEST EVANSTON DIESEL 911 130.57 7710.65060 CARQUEST EVANSTON FUEL FILTER 13.86 7710.65060 CARQUEST EVANSTON SWIVEL 114.38 7710.65060 CARQUEST EVANSTON STARTER 320.03 7710.65060 CARQUEST EVANSTON MOTOR OIL 168.36 7710.65060 CARQUEST EVANSTON CABIN AIR FILTER 23.80 7710.65060 CARQUEST EVANSTON REAR WIPER BALDES 25.17 7710.65060 CARQUEST EVANSTON HITCH PIN 8.72 7710.65060 CARQUEST EVANSTON LED LIGHT 132.68 7710.65060 GOLF MILL FORD ALTERNATOR 260.93 7710.65060 GOLF MILL FORD PUMP #921 836.66 7710.65060 GOLF MILL FORD SEAT BELT EXTENDERS .10 7710.65060 GOLF MILL FORD OIL FILTER #571 309.03 7710.65060 GOLF MILL FORD OUTSIDE REPAIR #502 173.55 5 *ADVANCED PAYMENTS44 of 605 CITY OF EVANSTON, ILR5504003B BILLS LIST 01/28/14PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7710.65060 GOLF MILL FORD ENGINE LIGHT REPAIR #551 106.57 7710.65060 GOLF MILL FORD ENGINE LIGHT REPAIR #634 106.57 7710.65060 GOLF MILL FORD COOLANT REPAIR #342 964.05 7710.65060 INTERSTATE BATTERY EQUIPMENT BATTERY PURCHASES 725.45 7710.65060 AETNA TRUCK PARTS, INC.HEADLIGHT BULBS 54.30 7710.65060 AETNA TRUCK PARTS, INC.DIESEL FUEL 47.00 7710.65060 APC STORES, INC. FUEL ADDITIVE 147.04 7710.65060 CHICAGO INTERNATIONAL TRUCKS, MIRROR BRAKES 160.80 7710.65060 CHICAGO INTERNATIONAL TRUCKS, BLIND SPOT MIRROR 263.16 7710.65060 CHICAGO INTERNATIONAL TRUCKS, MIRROR 49.16 7710.65060 CHICAGO INTERNATIONAL TRUCKS, MIRROR KIT HOLDER 98.94 7710.65060 CHICAGO INTERNATIONAL TRUCKS, STARTER #737 362.10 7710.65060 CHICAGO PARTS & SOUND, LLC WIPER BLADES 97.90 7710.62355 CINTAS #22 UNIFORM SERVICE 118.74 7710.62355 CINTAS #22 UNIFORM SERVICE 118.74 7710.62355 CINTAS #769 WEEKLY MAT SERVICE 182.28 7710.65035 CITY WELDING SALES & SERVICE WELDING GASES 182.53 7710.65060 CUMBERLAND SERVICENTER WIPER 376.59 7710.65060 DOUGLAS TRUCK PARTS DIESEL FUEL ADDITIVES 77.71 7710.65060 DOUGLAS TRUCK PARTS PINTLE HOOK WITH BALL 155.50 7710.65060 GROVER WELDING COMPANY PLOW REPAIR #532 637.60 7710.65060 GROVER WELDING COMPANY BUCKET REPAIR #142 821.75 7710.65060 LEACH ENTERPRISES, INC.RIM CLAMP 52.00 7710.65060 LEACH ENTERPRISES, INC.WASHER SOLVENT 166.28 7710.65060 LEACH ENTERPRISES, INC.CASTER WHEEL 532.79 7710.62240 METRO TANK AND PUMP COMPANY PUMP REAPIR #3 571.86 7710.65060 MONROE TRUCK EQUIPMENT LIGHTHING 45.42 7710.65060 NORTH SHORE TOWING JUMP START #68 50.00 7710.65060 ORLANDO AUTO TOP SEAT REPAIR #910 260.00 7710.65060 PATTEN INDUSTRIES GAS 165.88 7710.65060 REGIONAL TRUCK EQUIPMENT CO. I HYDRAULIC CYLINDER #571 513.92 7710.65060 STANDARD EQUIPMENT COMPANY REPAIR 2,266.09 7710.65065 WENTWORTH TIRE SERVICE TIRES 3,974.68 7710.65065 WENTWORTH TIRE SERVICE TIRES 75.00 7710.65060 WEST SIDE TRACTOR LOADER PARTS #568 698.94 7710.65060 WEST SIDE TRACTOR WINDOW #953 560.54 20,856.40 20,856.40 00601 EQUIPMENT REPLACEMENT FUND 7780 VEHICLE REPLACEMENTS 7780.65550 PRAIRIE ARCHWAY INTERNATIONAL TWO I.H. DUMP TRUCKS 151,421.00 151,421.00 151,421.00 00605 INSURANCE FUND 7801 EMPLOYEE BENEFITS 7801.66054 SENIORS CHOICE MONTHLY INVOICE 1,816.70 1,816.70 1,816.70 6 *ADVANCED PAYMENTS45 of 605 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT SUPPLEMENTAL BILLS LIST ATTACHMENT INSURANCE VARIOUS VARIOUS CASUALTY LOSS 1,345.58 VARIOUS MESIROW FINANCIAL CASUALTY, PROPERTY, & WORKERS COMP 594,443.00 VARIOUS VARIOUS WORKERS COMP 13,716.95 609,505.53 SEWER 7565.68305 IEPA LOAN DISBURSEMENT SEWER FUND 180,453.35 7620.68305 IEPA LOAN DISBURSEMENT SEWER FUND 164,784.38 345,237.73 954,743.26 Grand Total 1,299,203.94 PREPARED BY DATE APPROVED BY DATE CITY OF EVANSTON BILLS LIST CURRENT YEAR PERIOD ENDING 01/28/2014 7 *ADVANCED PAYMENTS46 of 605 CITY OF EVANSTON, ILR5504003B BILLS LIST 01/27/14PERIOD ENDING 00100 GENERAL ACCOUNT 100 GENERAL FUND ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 100.22725 VERIZON WIRELESS (25505)COMMUNICATION CHARGES 516.35 100.22791 GATA BEE CREPES HOLIDAY LUNCHEON 350.00 100.22791 DENGEO'S HOLIDAY LUNCHEON 3,150.00 100.41420 DIRECTOR, ILLINOIS STATE POLICE SEIZED FUNDS-CASE #13-21135 131.00 100.41420 DIRECTOR, ILLINOIS STATE POLICE SEIZED FUNDS- CASE #13-13587 554.79 100.41420 DIRECTOR, ILLINOIS STATE POLICE SEIZED FUNDS-CASE #13-725 1,040.00 100.41420 DIRECTOR, ILLINOIS STATE POLICE SEIZED FUNDS-CASE #13-16476 137.00 100.41420 DIRECTOR, ILLINOIS STATE POLICE SEIZED FUNDS-CASE #13-26537 1,578.00 7,457.14 1400 CITY CLERK 1400.56045 MUNICODE SUPPLEMENT PAGES 4,576.58 1400.62280 FEDERAL EXPRESS CORP.SHIPPING 84.43 4,661.01 1505 CITY MANAGER 1505.62210 ALLEGRA PRINT & IMAGING BUSINESS CARD JENNIFER LASIK 39.00 1505.61060 SUPERGURL IMAGES COE-CULTURAL ARTS BOOKLET 2,250.00 1505.62295 BOBKIEWICZ, WALTER REIMB.-BUSINESS MEALS 3,476.85 1505.65095 OFFICE DEPOT OFFICE SUPPLIES 32.19 1505.62295 CHICAGO LATIN FITNESS *YOGA AND ZUMBA CLASSES COE 1,462.50 1505.62509 GOV TEMPS USA, LLC MWEBE COMPLIANCE OFFICER 882.00 1505.62509 GOV TEMPS USA, LLC MWEBE COMPLIANCE OFFICER 1,260.00 9,402.54 1510 CITIZEN ENGAGEMENT 1510.62210 ALLEGRA PRINT & IMAGING BUSINESS CARDS COM ENGAG STAFF 234.00 234.00 1705 LEGAL ADMINISTRATION 1705.62345 FEDERAL EXPRESS CORP.SHIPPING 22.78 1705.65010 WOLTERS KLUWER IL EVIDENCE 162.70 1705.65095 PRF GRAPHICS 3 PART COMPLIANCE TICKET 794.50 1705.65095 PRF GRAPHICS 3 PART COMPLIANCE TICKET 42.08 1705.65010 LAW BULLETIN PUBLISHING JUDICIAL PROFILES BOOK 135.00 1,157.06 1905 ADM.SERVICES- GENERAL SUPPORT 1905.62185 ACCOUNTEMPS COLLECTION COORDINATOR 1,200.00 1,200.00 1910 FINANCE DIVISION - REVENUE 1910.52010 CRAIG, SHAY REFUND-WHEEL TAX 15.00 1910.62449 DUNCAN PARKING TECHNOLOGIES 2013 CITATION 25,604.82 25,619.82 1920 FINANCE DIVISION - ACCOUNTING 1920.62110 BAKER TILLY VIRCHOW KRAUSE FINANCIAL STATEMENT AUDIT 8,175.00 1920.62280 FEDERAL EXPRESS CORP.SHIPPING 50.04 1920.62280 FEDERAL EXPRESS CORP.SHIPPING 30.11 8,255.15 1 *ADVANCED PAYMENT47 of 605 CITY OF EVANSTON, ILR5504003B BILLS LIST 01/27/14PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 1925 FINANCE DIVISION - PURCHASING 1925.62185 ACCOUNTEMPS PURCHASING SPECIALIST 810.99 1925.62185 ACCOUNTEMPS PURCHASING SPECIALIST 1,294.13 2,105.12 1929 HUMAN RESOURCE DIVISION 1929.62512 LASIK, JENNIFER A *REIMB-CULT. ARTS COORDINATOR 1,694.07 1929.65095 OFFICE DEPOT OFFICE SUPPLIES FY 2013 95.21 1929.62274 TRANS UNION CORP BACKROUND CHECKS 293.92 1929.62160 THEODORE POLYGRAPH SERVICE POLYGRAPH 135.00 1929.62274 BIDDLE CONSULTING GROUP, INC. EMERGENCY CALL CENTER TESTING 3,515.00 1929.62512 PENZKOVER, JENNIFER REIMB.-CULTURAL ARTS COORD.437.80 1929.62270 NORTH SHORE UNIVERSITY HEALTH PREPLACEMENT EXAMS 6,397.00 1929.62274 FEDERAL EXPRESS CORP.SHIPPING 29.95 1929.62274 ERGOMETRICS EMERGENCY COMMUNICATIONS TEST 518.29 13,116.24 1932 INFORMATION TECHNOLOGY DIVI. 1932.62175 IRON MOUNTAIN OSDP STORAGE 601.62 1932.62250 SMS SYSTEMS MAINTENANCE SERVICE COMPUTER MAINT. 590.80 1932.65095 OFFICE DEPOT OFFICE SUPPLIES (TONER)119.63 1932.65095 OFFICE DEPOT OFFICE SUPPLIES (TONER) IT 101.05 1932.62509 TERILLIUM CONSULTING SERVICES 1,395.00 1932.62509 TERILLIUM CONSULTING SERVICES 310.00 1932.65095 OFFICE DEPOT OFFICE SUPPLIES 223.95 1932.65095 OFFICE DEPOT OFFICE SUPPLIES 102.21 1932.65095 OFFICE DEPOT OFFICE SUPPLIES 172.52 1932.65095 OFFICE DEPOT OFFICE SUPPLIES 85.57 1932.65095 OFFICE DEPOT OFFICE SUPPLIES 65.99 1932.65095 OFFICE DEPOT OFFICE SUPPLIES 12.71 1932.65095 OFFICE DEPOT OFFICE SUPPLIES 264.38 1932.65095 OFFICE DEPOT OFFICE SUPPLIES 321.51 1932.65095 OFFICE DEPOT OFFICE SUPPLIES 432.10 1932.65095 OFFICE DEPOT OFFICE SUPPLIES 526.64 1932.65095 OFFICE DEPOT OFFICE SUPPLIES 527.17 1932.65095 OFFICE DEPOT OFFICE SUPPLIES 558.12 1932.65095 OFFICE DEPOT OFFICE SUPPLIES 92.39 1932.65095 OFFICE DEPOT OFFICE SUPPLIES 132.19 1932.65095 OFFICE DEPOT OFFICE SUPPLIES 132.19 1932.65095 OFFICE DEPOT OFFICE SUPPLIES 335.37 1932.62210 ALLEGRA PRINT & IMAGING DMITRY SHUB BUSINESS CARDS 39.00 1932.64515 AT & T CISCO SMARTNET RENEWAL 11,115.19 1932.64515 AT & T CISCO SMARTNET RENEWAL 8,268.94- 1932.62185 BRAVESOFT TECH, INC ORACLE/SQL SUPPORT SERVICES 1,430.00 1932.65555 DELL COMPUTER CORP.VIRTUAL DESKTOP AND SERVERS 36,367.00 1932.65555 DELL COMPUTER CORP.VIRTUAL DESKTOP AND SERVERS 7,874.99 1932.65555 DELL COMPUTER CORP.VIRTUAL DESKTOP AND SERVERS 21,000.00 1932.65555 DELL COMPUTER CORP.VIRTUAL DESKTOP AND SERVERS 20,540.54 1932.62250 SMS SYSTEMS MAINTENANCE SERVICE MAINTENANCE CORE ROUTERS SMS 9,840.00 1932.64505 CALL ONE COMMUNICATION CHARGES 8,025.65 1932.65615 COMCAST CABLE COMMUNICATION CHARGES 118.54 2 *ADVANCED PAYMENT48 of 605 CITY OF EVANSTON, ILR5504003B BILLS LIST 01/27/14PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 1932.65615 COMCAST CABLE COMMUNICATION CHARGES 159.07 1932.62380 CHICAGO OFFICE TECHNOLOGY GROUP COPIER MAINT. 3,073.67 1932.65615 IL DEPARTMENT OF CENTRAL MGMT. COMMUNICATION CHARGES 583.33 119,001.15 1941 PARKING ENFORCEMENT & TICKETS 1941.64005 COMED UTILITIES 90.55 1941.62451 LISKAR,NANCY REFUND-TOW & HOOK 150.00 1941.62451 NORTH SHORE TOWING IMMOBILIZATION PROGRAM 1,110.00 1,350.55 1999 FINANCIAL & HR SYSTEM 1999.65570 NEW WORLD SYSTEMS FINANCE IMPLEMENTATION 43,500.00 1999.65570 NEW WORLD SYSTEMS FINANCE IMPLEMENTATION 48,375.00 91,875.00 2101 COMMUNITY DEVELOPMENT ADMIN 2101.62210 RUPPENTHAL, TODD - HAPPY HUSKY FLYERS-CENTRAL STREET AWARD 192.98 192.98 2105 PLANNING & ZONING 2105.62185 PARSONS BRINCKERHOFF MAIN ST TRANS-ORIENT STUDY/RTA 33,521.10 33,521.10 2126 BUILDING INSPECTION SERVICES 2126.62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTION 80.00 2126.62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTION 50.00 2126.62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTION 80.00 2126.62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTION 25.00 2126.62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTION 25.00 2126.62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTION 4,000.00 2126.62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTION 4,640.00 2126.62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTION 1,920.00 2126.62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTION 2,656.00 2126.62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTION 2,624.00 2126.52080 BEAR CONSTRUCTION REFUND PERMIT 13INTR-0391 508.92 2126.62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTION 50.00 2126.62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTION 80.00 2126.62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTION 2,624.00 2126.62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTION 175.00 2126.62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTION 75.00 2126.62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTION 3,936.00 2126.62464 LAMBERG, BRIAN K ELECTRICAL INSPECTIONS 300.00 2126.62464 LAMBERG, BRIAN K ELECTRICAL INSPECTIONS 400.00 2126.62464 LAMBERG, BRIAN K ELECTRICAL INSPECTIONS 400.00 24,648.92 2128 EMERGENCY SOLUTIONS GRANT 2128.67110 CONNECTIONS FOR THE HOMELESS ESG GRANT 1,066.13 2128.67110 CONNECTIONS FOR THE HOMELESS ESG GRANT 5,896.47 6,962.60 2205 POLICE ADMINISTRATION 2205.62375 WEST GROUP PAYMENT CTR MONTHLY CHARGES 144.32 3 *ADVANCED PAYMENT49 of 605 CITY OF EVANSTON, ILR5504003B BILLS LIST 01/27/14PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2205.62375 WEST GROUP PAYMENT CTR MONTHLY CHARGES 144.32 2205.62375 WEST GROUP PAYMENT CTR MONTHLY CHARGES 296.10 2205.62375 WEST GROUP PAYMENT CTR MONTHLY CHARGES 296.10 2205.62375 WEST GROUP PAYMENT CTR MONTHLY CHARGES 199.98 2205.64005 COMED UTILITIES 202.90 2205.68205 NATIONAL AWARD SERVICES INC RETIREMENT PLAQUES 360.00 2205.64015 NICOR 0632 UTILITIES 320.68 1,964.40 2210 PATROL OPERATIONS 2210.65020 VCG UNIFORM UNIFORMS 95.00 2210.65020 VCG UNIFORM UNIFORMS 514.65 2210.65020 VCG UNIFORM UNIFORMS 59.85 2210.65020 VCG UNIFORM UNIFORMS 622.00 2210.65020 VCG UNIFORM BULLET PROOF VEST 291.85- 2210.65020 VCG UNIFORM BULLET PROOF VEST 800.00 2210.65020 VCG UNIFORM UNIFORMS 126.90 2210.65020 VCG UNIFORM UNIFORMS 108.90 2210.65020 VCG UNIFORM UNIFORMS 548.10 2210.65020 J. G. UNIFORMS, INC UNIFORMS 772.00 2210.65020 J. G. UNIFORMS, INC UNIFORMS 887.00 4,242.55 2240 POLICE RECORDS 2240.65095 ILLINOIS PAPER COMPANY COPY PAPER 1,384.00 2240.65095 OFFICE DEPOT OFFICE SUPPLIES 99.02 2240.65095 OFFICE DEPOT OFFICE SUPPLIES 59.24 1,542.26 2245 COMMUNICATIONS 2245.65020 VCG UNIFORM INITIAL UNIFORM PURCHASE 434.60 434.60 2250 SERVICE DESK 2250.62425 COLLEY ELEVATOR CO.ELEVATOR INSPECTION 96.00 2250.62425 COLLEY ELEVATOR CO.ELEVATOR INSPECTION 510.00 606.00 2251 311 CENTER 2251.64505 CYMBAL COMMUNICATIONS WIRELESS HEADSET-311 2,039.95 2251.64505 AT & T 8100 *COMMUNICATION CHARGES 832.02 2251.64505 CYMBAL COMMUNICATIONS WIRELESS HEADSET-FRONT DESK 62.95 2251.64505 WEBQA, INC.GOVQACRM EXTENSION 1,500.00 4,434.92 2280 ANIMAL CONTROL 2280.64015 NICOR 0632 UTILITIES 1,859.81 1,859.81 2305 FIRE MGT & SUPPORT 2305.65020 AIR ONE EQUIPMENT UNIFORMS 493.00 2305.62360 BAZAN, DAMIAN R.PARAMEDIC LICENSE RENEWAL 41.75 2305.62360 CERIALE, JOSEPH PARAMEDIC LICENSE RENEWAL 41.75 2305.65125 LAPORT INC JANITORIAL SUPPLIES 361.28 4 *ADVANCED PAYMENT50 of 605 CITY OF EVANSTON, ILR5504003B BILLS LIST 01/27/14PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2305.65020 EVANSTON IMPRINTABLES,INC.UNIFORMS 975.24 2305.65020 EVANSTON IMPRINTABLES,INC.UNIFORMS 361.92 2305.65020 EVANSTON IMPRINTABLES,INC.UNIFORMS 1,004.73 2305.65020 EVANSTON IMPRINTABLES,INC.UNIFORMS 1,353.75 2305.65020 EVANSTON IMPRINTABLES,INC.UNIFORMS 898.32 2305.62315 FEDERAL EXPRESS CORP.SHIPPING 47.91 2305.65070 FOX VALLEY FIRE & SAFETY FIRE ALARM INSPECTION 93.50 2305.62518 FOX VALLEY FIRE & SAFETY FIRE ALARM INSPECTION 93.50 2305.65070 HASTINGS AIR-ENERGY CONTROL EXHAUST REPAIR 231.41 2305.62270 HEALTH ENDEAVORS, S.C.ANNUAL MEDICAL EVALUATION 9,640.00 2305.62270 HEALTH ENDEAVORS, S.C.FITNESS EVALUATION 3,095.00 2305.62270 HEALTH ENDEAVORS, S.C.ANNUAL MEDICAL EVALUATION 4,240.00 2305.62270 HEALTH ENDEAVORS, S.C.ANNUAL MEDICAL EVALUATION 9,641.00 2305.62518 HENRICHSEN FIRE & SAFETY EXTINGUISHER SERVICE 364.55 2305.62360 ILLINOIS FIRE CHIEFS ASSOC. MEMBERSHIP 40.00 2305.62360 NORRIS, JUSTIN R.PARAMEDIC LICENSE RENEWAL 41.75 2305.64015 NICOR 0632 UTILITIES 258.91 2305.64015 NICOR 0632 UTILITIES 205.77 2305.64015 NICOR 0632 UTILITIES 206.58 2305.64015 NICOR 0632 UTILITIES 252.78 2305.64015 NICOR 0632 UTILITIES 320.67 2305.64015 NICOR 0632 UTILITIES 896.51 2305.62360 ROCHE, JOHN M PARAMEDIC LICENSE RENEWAL 41.75 2305.65125 STATE CHEMICAL MFG CO.JANITORIAL SUPPLIES 630.01 2305.65020 UNIFORMITY, INC.UNIFORMS 36.95 2305.65020 UNIFORMITY, INC.UNIFORMS 103.32 36,013.61 2310 FIRE PREVENTION 2310.53715 IRVING, VERNA REFUND-ALARM RENEWAL 30.00 2310.62245 ZOLL DATA SYSTEMS EMS COMPUTER SUPPORT 550.00 580.00 2315 FIRE SUPPRESSION 2315.65095 OFFICE DEPOT OFFICE SUPPLIES FY 13 BU 2315 56.37 2315.62295 FOCHS, CHRISTOPHER PARAMEDIC LICENSE RENEWAL 41.75 2315.62509 PRAXAIR DISTIBUTION INC MEDICAL OXYGEN 436.60 2315.62295 NORTHEASTERN ILLINOIS PUBLIC SAFTEY FIREFIGHTER TRAINING 450.00 2315.62295 NORTHEASTERN ILLINOIS PUBLIC SAFTEY FIREFIGHTER TRAINING 790.00 2315.62295 NORTHEASTERN ILLINOIS PUBLIC SAFTEY FIRE OFFICER TRAINING 450.00 2315.62295 NORTHEASTERN ILLINOIS PUBLIC SAFTEY FIRE OFFICER TRAINING 300.00 2315.62521 PHYSIO-CONTROL, INC.LIFE PAK SERVICE 1,026.00 2315.62605 DIVE RIGHT IN SCUBA DIVE REPAIR 440.00 2315.53675 ANDRES MEDICAL BILLING MONTHLY AMBULANCE-NOVEMBER 13 6,665.79 2315.65625 MUNICIPAL EMERGENCY SERVICES SCBA CYLINDERS 1,326.50 11,983.01 2407 HEALTH SERVICES ADMIN 2407.65095 OFFICE DEPOT OFFICE SUPPLIES 70.61 70.61 2435 FOOD AND ENVIRONMENTAL HEALTH 5 *ADVANCED PAYMENT51 of 605 CITY OF EVANSTON, ILR5504003B BILLS LIST 01/27/14PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2435.62345 COOK COUNTY RECORDER OF DEEDS RECORDINGS 50029-50033 200.00 2435.62345 COOK COUNTY RECORDER OF DEEDS RECORDINGS 50124-50129 360.00 2435.62605 DACRA COMPUTER SERVICE DATABASE 875.00 2435.62477 VERIZON WIRELESS (25505)COMMUNICATION CHARGES 351.42 2435.62474 TEPIC LANDSCAPING, INC.PROPERTIES TO CLEAN 700.00 2435.62345 COOK COUNTY RECORDER OF DEEDS RECORDINGS 50012-50016 200.00 2435.62474 TEPIC LANDSCAPING, INC.PROPERTIES TO MOW 1,400.00 2435.52046 PARC INVESTMENT PROPERTIES REFUND-VACANT BUILDING FEE 2,400.00 2435.53105 ADVANCED FRESH CONCEPTS FRANCH REFUND-FOOD LICENSE 605.00 7,091.42 2440 VITAL RECORDS 2440.53220 IL DEPT OF PUBLIC HEALTH DEATH CERTIFICATES 1,032.00 1,032.00 2610 MUNICIPAL SERVICE CENTER 2610.65020 SILK SCREEN EXPRESS, INC.AFSCME UNIFORMS 59.00 2610.64015 NICOR 0632 UTILITIES 491.98 2610.64015 NICOR 0632 UTILITIES 1,304.62 2610.64015 NICOR 0632 UTILITIES 337.92 2610.64015 NICOR 0632 UTILITIES 801.50 2610.65020 SILK SCREEN EXPRESS, INC.AFSCME UNIFORMS 489.25 2610.65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 65.95 2610.65515 MURRAY & TRETTEL INC.SNOW REPORTS 787.50 2610.62440 METRO DOOR AND DOCK, INC.OVERHEAD DOOR MAINTENANCE 393.70 2610.62518 FOX VALLEY FIRE & SAFETY FIRE ALARM REPAIR 201.00 2610.64005 COMED UTILITIES 124.13 2610.65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 97.57 2610.65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 100.63 5,254.75 2625 INFRASTRUCTURE & ENGINEERING 2625.65105 MASTER GRAPHICS GRAPHICS 551.23 551.23 2630 TRAFFIC ENGINEERING 2630.65085 ARTS & LETTERS LTD.TEMPORARY NO PARKING SIGNS 414.00 2630.62210 FEDERAL EXPRESS CORP.SHIPPING 34.60 448.60 2640 TRAF. SIG. & ST. LIGHT. MAINT 2640.65070 BROWN TRAFFIC PRODUCTS PEDESTRIAN PUSH BUTTON FRAMES 246.00 2640.65070 ELCAST LIGHTING GENERATOR 1,200.00 2640.65070 ELCAST LIGHTING GENERATOR 720.00 2640.64008 CONSTELLATION NEW ENERGY, INC. UTILITIES 150.95 2640.65070 BROWN TRAFFIC PRODUCTS PEDESTRIAN PUSH BUTTONS 960.00 2640.64007 COMED UTILITIES 7,467.02 2640.64006 COMED UTILITIES 190.94 2640.64006 COMED UTILITIES 273.17 2640.64008 COMED UTILITIES 336.58 2640.64008 COMED UTILITIES 320.52 2640.64008 COMED UTILITIES 154.21 2640.65070 BROWN TRAFFIC PRODUCTS PED. PUSH BUTTON FRAMES 414.00 6 *ADVANCED PAYMENT52 of 605 CITY OF EVANSTON, ILR5504003B BILLS LIST 01/27/14PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 12,433.39 2670 STREET AND ALLEY MAINTENANCE 2670.62415 U.S. ARBOR, INC.25 TRUCK LOADS LEAF HAULING 2,340.00 2670.62415 KLF TRUCKING DEBRIS HAULING 550.00 2670.62415 U.S. ARBOR, INC.25 TRUCK LOADS LEAF HAULING 7,440.00 2670.62415 U.S. ARBOR, INC.25 TRUCK LOADS LEAF HAULING 1,560.00 2670.65625 ZIMMERMAN, RYAN WEATHER FORECASTING SERVICE 887.50 2670.62415 U.S. ARBOR, INC.25 TRUCK LOADS LEAF HAULING 3,120.00 2670.62295 NORTHEASTERN ILLINOIS PUBLIC SAFTEY TRAINING-PUBLIC WORKS 100.00 2670.62295 NORTHEASTERN ILLINOIS PUBLIC SAFTEY TRAINING-PUBLIC WORKS 195.00 2670.62295 NORTHEASTERN ILLINOIS PUBLIC SAFTEY TRAINING-PUBLIC WORKS 195.00 2670.65115 TRAFFIC PARTS INC.SIGN POSTS 3,927.50 20,315.00 2680 SNOW AND ICE CONTROL 2680.65015 MORTON SALT FY2013 ROCK SALT PURCHASE 3,954.20 2680.65015 MORTON SALT FY2013 ROCK SALT PURCHASE 65,775.79 2680.65015 MORTON SALT FY2013 ROCK SALT PURCHASE 22,272.36 2680.65015 MORTON SALT FY2013 ROCK SALT PURCHASE 13,186.31 2680.65015 MORTON SALT FY2013 ROCK SALT PURCHASE 15,794.97 2680.65015 MORTON SALT FY2013 ROCK SALT PURCHASE 7,722.93 2680.65015 WELLSPRING MANAGEMENT LTD 4500 GALLONS OF GEOMELT 55 6,426.95 2680.65015 MORTON SALT FY2013 ROCK SALT PURCHASE 1,369.79 2680.65015 MORTON SALT FY2013 ROCK SALT PURCHASE 2,914.74 139,418.04 2690 RESIDENTIAL RECYCLING COL 2690.64005 COMED UTILITIES 36.16 2690.64007 COMED UTILITIES 77.42 113.58 3005 REC. MGMT. & GENERAL SUPPORT 3005.62295 JENKINS, ELIZABETH NAT. PARKS & REC CONFERENCE 233.25 233.25 3010 REC. BUS. & FISCAL MGMT 3010.65095 VERMONT SYSTEMS INC 9 IPAD PIN PAD READERS 1,815.00 3010.62705 PLUG & PAY TECHNOLOGIES MERCHANT FEE 192.22 3010.62705 PLUG & PAY TECHNOLOGIES MERCHANT FEE 43.40 3010.61060 IL DEPT OF NATURAL RESOURCES REIMB. UNUSED GRANT TO STATE 1,365.75 3,416.37 3020 RECREATION GENERAL SUPPORT 3020.62490 GORMAN, MYRA REIMB.-MILEAGE REC. PROGRAMS 280.50 3020.62490 EVANSTON SYMPHONY ORCHESTRA HOLIDAY BAZAAR AT ETHS 1,750.00 2,030.50 3025 PARK UTILITIES 3025.64005 COMED UTILITIES 32.02 3025.64005 COMED UTILITIES 70.16 3025.64005 COMED UTILITIES 36.54 3025.64005 COMED UTILITIES 28.50 3025.64005 COMED UTILITIES 24.97 7 *ADVANCED PAYMENT53 of 605 CITY OF EVANSTON, ILR5504003B BILLS LIST 01/27/14PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3025.64005 COMED UTILITIES 203.64 3025.64005 COMED UTILITIES 33.00 3025.64005 COMED UTILITIES 43.85 3025.64005 COMED UTILITIES 220.09 3025.64005 CONSTELLATION NEW ENERGY, INC. UTILITIES 1,761.81 3025.64005 COMED UTILITIES 34.39 3025.64005 COMED UTILITIES 61.66 3025.64005 COMED UTILITIES 24.97 3025.64005 COMED UTILITIES 156.97 3025.64005 COMED UTILITIES 37.42 3025.64005 COMED UTILITIES 114.28 3025.64005 COMED UTILITIES 220.09 3025.64005 COMED UTILITIES 1,434.54 3025.64005 COMED UTILITIES 51.73 3025.64005 COMED UTILITIES 24.97 3025.64005 COMED UTILITIES 41.60 3025.64015 NICOR 0632 UTILITIES 65.63 3025.64015 NICOR 0632 UTILITIES 79.11 3025.64015 NICOR 0632 UTILITIES 34.48 3025.64015 NICOR 0632 UTILITIES 35.07 3025.64015 NICOR 0632 UTILITIES 55.55 3025.64015 NICOR 0632 UTILITIES 113.27 3025.64015 NICOR 0632 UTILITIES 60.65 3025.64005 COMED UTILITIES 215.47 3025.64005 COMED UTILITIES 76.45 5,392.88 3030 CROWN COMMUNITY CENTER 3030.64005 CONSTELLATION NEW ENERGY, INC. UTILITIES 2,827.86 3030.62505 LATOUR,THERESA FACE PAINTING 150.00 3030.62507 POSITIVE CONNECTIONS, INC.CAMP FIELD TRIP 176.00 3030.62507 POSITIVE CONNECTIONS, INC.ROBERT CROWN WINTER BREAK 132.00 3030.64015 NICOR 0632 UTILITIES 141.16 3030.62505 FONSECA MARTIAL ARTS KARATE INSTRUCTION 5,052.80 3030.62507 POSITIVE CONNECTIONS, INC.WINTER BREAK FIELD TRIP 88.00 3030.64015 NICOR 0632 UTILITIES 133.08 8,700.90 3035 CHANDLER COMMUNITY CENTER 3035.64015 NICOR 0632 UTILITIES 198.99 3035.65095 OFFICE DEPOT OFFICE SUPPLIES 70.99 3035.65095 OFFICE DEPOT OFFICE SUPPLIES 109.23 3035.64005 CONSTELLATION NEW ENERGY, INC. UTILITIES 1,158.06 1,537.27 3040 FLEETWOOD JOURDAIN COM CT 3040.64005 CONSTELLATION NEW ENERGY, INC. UTILITIES 2,019.54 3040.62245 KC FITNESS SERVICE MAINT. FITNESS ROOM 300.00 3040.62225 STA-KLEEN INC.CLEANING COOKING SURFACES 18.00 3040.62225 STA-KLEEN INC.CLEAN OVEN & COOK SURFACE 21.00 3040.65110 SPORTS IMPORTS VOLLEYBALL EQUIPMENT 2,622.00 3040.65110 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 163.04 8 *ADVANCED PAYMENT54 of 605 CITY OF EVANSTON, ILR5504003B BILLS LIST 01/27/14PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3040.62507 POSITIVE CONNECTIONS, INC.WINTER BREAK TRIP 506.00 3040.65110 HOFFMAN PAINTING PAINTING-FITNESS CENTER 800.00 3040.65110 HOFFMAN PAINTING PAINTING-ADDITIONAL 400.00 3040.65110 HOFFMAN PAINTING PAINTING-PROGRAM OFFICE 200.00 3040.64015 NICOR 0632 UTILITIES 293.79 3040.64015 NICOR 0632 UTILITIES 376.08 3040.65110 COMCAST CABLE COMMUNICATION CHARGES 130.50 7,849.95 3050 RECREATION OUTREACH PROGRAM 3050.62507 POSITIVE CONNECTIONS, INC.WINTER BREAK TRIP 132.00 3050.62210 ALLEGRA PRINT & IMAGING BUSINESS CARDS 39.00 3050.62490 POWER, BRIAN DJ-MAYORS TEEN PROGRAM 100.00 3050.62505 POST, BRIAN BASKETBALL CLINIC 400.00 3050.62490 MUSE OF FIRE THEATRE COMPANY REIMB.-COSTUME CLEANING 468.75 1,139.75 3055 LEVY CENTER SENIOR SERVICES 3055.62511 COMCAST CABLE COMMUNICATION CHARGES 132.81 3055.61062 SPARKMON, KEVIN SECURITY-PRIVATE RENTAL 136.00 3055.64015 NICOR 0632 UTILITIES 303.72 3055.62505 ROSMAN, SHARON BOOK CLUB 300.00 3055.56045 ILLINOIS DEPT OF REVENUE *SALES TAX-DECEMBER 2013 28.00 3055.65095 OFFICE DEPOT OFFICE SUPPLIES FY 2013 27.18 3055.65095 OFFICE DEPOT OFFICE SUPPLIES FY 2013 36.80 3055.65040 LAPORT INC JANITORIAL SUPPLIES 113.99 3055.64005 CONSTELLATION NEW ENERGY, INC. UTILITIES 4,106.93 3055.62509 DIRECT FITNESS SOLUTIONS MAINTENANCE FITNESS ROOM 510.00 5,695.43 3080 BEACHES 3080.64005 CONSTELLATION NEW ENERGY, INC. UTILITIES 197.22 197.22 3085 RECREATION FACILITY MAINT 3085.65110 GROVER WELDING COMPANY BASEBALL DIAMOND 564.60 3085.65050 CLEAN CITY INNOVATIONS, LLC GRAFFITI REMOVAL 380.51 945.11 3095 CROWN ICE RINK 3095.64005 CONSTELLATION NEW ENERGY, INC. UTILITIES 8,483.58 3095.62251 MCCAULEY MECHANICAL SERVICE HEAT PUMP REPAIR 3,951.00 3095.65110 REVOLUTION, LLC NUTCRACKER SHOW COSTUMES 6,322.44 3095.62490 SCS PRODUCTIONS LIGHTING AND HEADSETS ICE 5,825.06 3095.65040 LAPORT INC JANITORIAL SUPPLIES 42.75 3095.65110 FOX VALLEY FIRE & SAFETY VIDEO DISPLAY-RC CENTER 1,292.97 3095.62245 JORSON & CARLSON BLADE SHARPENING 35.49 3095.62245 JORSON & CARLSON BLADE SHARPENING 35.49 3095.62251 NATIONAL ROOFING CORP.ROOF REPAIRS 1,200.00 3095.62251 NATIONAL ROOFING CORP.ROOF REPAIRS 675.00 3095.64015 NICOR 0632 UTILITIES 399.22 3095.64015 NICOR 0632 UTILITIES 423.46 28,686.46 9 *ADVANCED PAYMENT55 of 605 CITY OF EVANSTON, ILR5504003B BILLS LIST 01/27/14PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3130 SPECIAL RECREATION 3130.62507 POSITIVE CONNECTIONS, INC.NORRIS REC CENTER 341.00 341.00 3215 YOUTH ENGAGEMENT DIVISION 3215.62490 YOUTH JOB CENTER OF EVANSTON CAREER PATHWAYS 40,000.00 3215.62210 ALLEGRA PRINT & IMAGING BUSINESS CARDS 39.00 3215.65090 EVANSTON IMPRINTABLES,INC.UNIFORMS 1,480.95 41,519.95 3510 HORTICULTURAL MAINTENANCE 3510.65625 RUSSO POWER EQUIPMENT CHAIN SAW 750.00 3510.65625 RUSSO POWER EQUIPMENT DUAL LINE HEAD 76.00 3510.62199 REINDERS, INC.SUPPLIES-IRRIGATION 202.47 3510.65055 RUSSO POWER EQUIPMENT SHIPPING .95 3510.65055 MEYER LABORATORY CLEANS OFF 91.40 3510.65005 CONSERV FS UTILITIES 1,277.55 3510.65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 58.04 3510.65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 50.32 3510.62195 LANDSCAPE CONCEPTS MANAGEMENT 2013 LANDSCAPE MAINTENANCE 2,019.60 3510.62199 WHITE, HOWARD L. & ASSOCIATES 6' BENCH W CENTER ARM REST 1,558.00 6,084.33 3525 TREE PLANTING 3525.65005 DES PLAINES MATERIAL & SUPPLY PARKS 1,342.50 1,342.50 3605 ECOLOGY CENTER 3605.64015 NICOR 0632 UTILITIES 130.82 3605.64005 CONSTELLATION NEW ENERGY, INC. UTILITIES 397.23 3605.56045 ILLINOIS DEPT OF REVENUE *SALES TAX-DECEMBER 2013 61.00 3605.65095 OFFICE DEPOT OFFICE SUPPLIES 34.67 3605.64015 NICOR 0632 UTILITIES 323.56 3605.65040 LAPORT INC JANITORIAL SUPPLIES 262.40 3605.62295 THEIS, ALEXANDER CUSTODIAL WORK 154.02 3605.65050 FOX VALLEY FIRE & SAFETY FIRE ALARM INSPECTION 329.00 3605.62490 PRINCE CORPORATION BIRD SEED FOR RESALE 583.88 2,276.58 3700 ARTS COUNCIL 3700.62506 NORTHWESTERN UNIVERSITY WORK STUDY STUDENTS 1,266.00 1,266.00 3710 NOYES CULTURAL ARTS CTR 3710.65040 LAPORT INC JANITORIAL SUPPLIES 165.30 3710.62425 LIFTOMATIC ELEVATOR, INC ELEVATOR MAINTENANCE 150.00 3710.65040 LAPORT INC JANITORAL SUPPLIES 682.28 3710.65050 CHICAGO SPOTLIGHT RENTAL DIMMER PACKS 6 700.00 3710.64005 CONSTELLATION NEW ENERGY, INC. UTILITIES 1,477.29 3710.65050 CHICAGO SPOTLIGHT RENTAL DIMMER PACKS 6 700.00 3710.65050 CHICAGO SPOTLIGHT RENTAL DIMMER PACKS 6 700.00 3710.65050 CHICAGO SPOTLIGHT RENTAL DIMMER PACKS 6 1,400.00 3710.65050 CHICAGO SPOTLIGHT RENTAL DIMMER PACKS 6 700.00 3710.64015 NICOR 0632 UTILITIES 514.40 10 *ADVANCED PAYMENT56 of 605 CITY OF EVANSTON, ILR5504003B BILLS LIST 01/27/14PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3710.64015 NICOR 0632 UTILITIES 409.37 7,598.64 3720 CULTURAL ARTS PROGRAMS 3720.62506 NORTHWESTERN UNIVERSITY WORK STUDY STUDENTS 5,449.50 3720.62507 POSITIVE CONNECTIONS, INC.FIELD TRIP-FULL DAY CAMP 462.00 3720.62511 BLUE BASSOON PICTURES MEDIA ARTS WORKSHOP 480.00 3720.62210 CHANDRIKA MARLA POSTCARDS 140.75 3720.62511 KRISTIN LEMS LAKESHORE ARTS FESTIVAL 300.00 3720.62490 HELENS DAUGHTERS STUDIO LAKESHORE ARTS FEST. WINNER 100.00 3720.62507 POSITIVE CONNECTIONS, INC.WINTER BREAK FIELD TRIP 264.00 7,196.25 3806 CIVIC CENTER SERVICES 3806.62225 MARK VEND COMPANY ALDERMANIC LIBRARY 109.60 3806.64015 NICOR 0632 UTILITIES 99.51 3806.62225 SMITH MAINTENANCE COMPANY JANITORIAL SERVICES 258.74 3806.64015 NICOR 0632 UTILITIES 709.84 3806.64015 NICOR 0632 UTILITIES 229.89 3806.65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 131.49 3806.62245 COMCAST CABLE COMMUNICATION CHARGES 40.04 3806.62225 DUSTCATCHERS, INC.FLOOR MAT SERVICE 189.00 3806.64015 NICOR 0632 UTILITIES 510.92 3806.62225 ANDERSON PEST CONTROL PEST MANAGEMENT 30.00 3806.64015 NICOR 0632 UTILITIES 590.67 3806.64015 NICOR 0632 UTILITIES 381.59 3806.65040 LAPORT INC JANITORIAL SUPPLIES 1,801.54 5,082.83 3807 CONSTRUCTION AND REPAIRS 3807.65050 ANDERSON LOCK CO. LTD SUPPLIES-DOOR LOCK 178.59 3807.64005 COMED UTILITIES 23.40 3807.64005 COMED UTILITIES 504.65 3807.62245 IL OFFICE OF THE STATE FIRE MARSHALL CERTIFICATE-BOILER 100.00 3807.65050 APEX INDUSTRIAL AUTOMATION EPD SHAFT REPLACE. FACILITIES 1,884.13 2,690.77 742,374.10 00185 LIBRARY FUND 4840 LIBRARY MAINTENANCE 4840.64015 NICOR 0632 UTILITIES 555.25 4840.64015 NICOR 0632 UTILITIES 762.94 1,318.19 4845 LIBRARY ADMINISTRATION 4845.56140 ILLINOIS DEPT OF REVENUE *SALES TAX-DECEMBER 2013 1,249.00 1,249.00 2,567.19 00205 EMERGENCY TELEPHONE SYSTEM 5150 EMERGENCY TELEPHONE SYSTM 5150.62509 IRON MOUNTAIN OSDP OFF-SITE DATA PROTECTION 336.02 5150.64505 AT & T COMMUNICATION CHARGES 48.03 11 *ADVANCED PAYMENT57 of 605 CITY OF EVANSTON, ILR5504003B BILLS LIST 01/27/14PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 5150.62509 PREON POWER MAINTENANCE AGREEMENT 1,350.00 5150.62509 CHICAGO COMMUNICATIONS, LLC. REPAIR 1,124.90 5150.65035 BELL FUELS INC.SET INDUSTRIAL 404.62 5150.64540 VERIZON WIRELESS (25505)COMMUNICATION CHARGES 2,964.78 5150.62509 PATTEN INDUSTRIES DIESEL GENERATOR 1,275.00 5150.65085 CHICAGO COMMUNICATIONS, LLC. EMERGENCY REPLACEMENT 3,756.28 5150.65085 COMMUNICATIONS DIRECT HT1250 PORTABLE, VHF, 5W, 128C 25.40 5150.65085 COMMUNICATIONS DIRECT HT1250 PORTABLE, VHF, 5W, 128C 4,672.00 15,957.03 15,957.03 00215 CDBG FUND 5170 PUBLIC IMPROVEMENTS 5170.63106 RIDGEVILLE PARK DISTRICT CDBG-REBA PARK RENOVATION 10,400.00 5170.62840 SCHROEDER & SCHROEDER INC 2013 ALLEY PAVING PROJECT 18,588.30 28,988.30 5205 TARGETED CODE ENFORCEMENT 5205.62770 ABG SERVICES, INC.BOARD-UP WOOD OPENING 160.00 5205.62770 TEPIC LANDSCAPING, INC.VACANT PROPERTY CASE #06-0486 1,200.00 1,360.00 5240 PUBLIC SERVICES 5240.63045 JAMES B. MORAN CENTER CERTIFICATE 25,000.00 25,000.00 55,348.30 00220 CD LOAN FUND 5280 CD LOAN 5280.62190 CLEAN CITY INNOVATIONS, LLC GRAFFITI REMOVAL 970.00 970.00 970.00 00225 ECONOMIC DEVELOPMENT FUND 5300 ECON. DEVELOPMENT FUND 5300.62660 WILD CROW COMMUNICATION, INC EVANSTON EDGE FEATURE STORY 120.00 5300.62136 PARSONS BRINCKERHOFF MAIN ST TRANS-ORIENT STUDY/RTA 8,380.28 5300.65522 SUN-TIMES MEDIA REIMB.-GREAT MERCHANTS GRANT 347.00 5300.65522 MAIN STREET MERCHANTS REIMB.-GREAT MERCHANTS GRANT 8,900.00 5300.65522 DOWNTOWN EVANSTON AD-SIDEWALK SALE 1,500.00 5300.65522 HOWARD STREET BUSINESS ASSOC. REIMB.-GREAT MERCHANTS GRANT 1,225.00 5300.65522 CENTRAL STREET BUSINESS ASSOC REIMB.-GREAT MERCHANTS GRANT 435.00 5300.65522 CHICAGO-DEMPSTER MERCHANTS REIMB.-GREAT MERCHANTS GRANT 876.40 21,783.68 21,783.68 00250 AFFORDABLE HOUSING FUND 5465 AFFORDABLE HOUSING 5465.62770 OPEN COMMUNITIES FINAL GRANT PAYMENT 5,000.00 5,000.00 5,000.00 00300 WASHINGTON NATL TIF DEBT SERV 12 *ADVANCED PAYMENT58 of 605 CITY OF EVANSTON, ILR5504003B BILLS LIST 01/27/14PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 5476 CAPITAL PROJ.-WASHINGTON TIF 5476.62216 KRIVANEK & BREAUX/ART & DESIGN 2ND OF 3 INSTALLMENTS PUBLIC 26,250.00 26,250.00 26,250.00 00320 DEBT SERVICE FUND 5716 2013B BONDS 5716.62350 WELLS FARGO BANK GOR SERIES 2013B 1,250.00 5716.62350 WELLS FARGO BANK G.O. SERIES 2005 250.00 1,500.00 1,500.00 00330 HOWARD RIDGE TIF 5860 HOWARD RIDGE TIF 5860.56010 SMITH MAINTENANCE COMPANY JANITORIAL SERVICE 425.00 5860.56010 SMITH MAINTENANCE COMPANY JANITORIAL SERVICE 340.00 765.00 765.00 00415 CAPITAL IMPROVEMENTS FUND 415602 LEVY HVAC REPLACEMENT 415602.65653 F.E. MORAN, INC.2013 HVAC IMPROVEMENTS 6,681.67 415602.65050 O'HARA CONSTRUCTION REFACE CABINETS MAPLE ROOM 7,900.00 14,581.67 415688 ECOLOGY CTR GREENHOUSE 415688.65653 F.E. MORAN, INC.2013 HVAC IMPROVEMENTS 102,942.00 415688.65653 F.E. MORAN, INC.CHANGE ORDER #2 EXHAUST DUCT 3,441.88 106,383.88 415743 POLICE 1ST FLR CONF ROOM RENOV 415743.65653 O'HARA CONSTRUCTION CONTRACTOR SERVICES FOR 2013 9,186.03 9,186.03 415854 ALLEY PAVING - CITY SHARE 415854.65515 COOK COUNTY RECORDER OF DEEDS RECORDINGS 80.00 80.00 415857 STREET RESURFACING 415857.65515 IL DEPT OF TRANSPORTATION SHERIDAN ROAD RECONSTRUCTION 82,688.30 82,688.30 415937 PEDESTRAN SAFETY SIGNS & PVMT 415937.65515 GRAYBAR ELECTRIC PURCHASE TALLMADGE STREET LIGHTS 12,847.83 415937.65515 HECKER AND COMPANY INC.PEDESTRIAN SIGNS 15,387.00 28,234.83 416096 BIKE PLAN IMPLEMENTATION 416096.65515 T.Y.LIN INTERNATIONAL EVANSTON BIKE PLAN UPDATE 3,608.34 416096.65515 T.Y.LIN INTERNATIONAL EVANSTON BIKE PLAN UPDATE 23,645.94 27,254.28 268,408.99 00420 SPEC ASSESS CAP PROJECT FUND 6365 SPECIAL ASSESSMENT 13 *ADVANCED PAYMENT59 of 605 CITY OF EVANSTON, ILR5504003B BILLS LIST 01/27/14PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 6365.65515 SCHROEDER & SCHROEDER INC 2013 ALLEY PAVING PROJECT 1,290.40 1,290.40 1,290.40 00505 PARKING SYSTEM FUND 7005 PARKING SYSTEM MGT 7005.62280 FEDERAL EXPRESS CORP.SHIPPING 43.17 7005.62431 GARDA CL GREAT LAKES, INC.ARMORED CAR SERVICE 2,308.42 2,351.59 7015 PARKING LOTS & METERS 7015.53510 COOK COUNTY COLLECTOR *PARKING TAX-DECEMBER 2013 104.04 7015.65070 TOTAL PARKING SOLUTIONS, INC. RECEIPT PAPER-PARKING TERM.339.00 7015.62375 CHICAGO TRANSIT AUTHORITY RENT LOT #19 990.00 7015.64005 COMED UTILITIES 149.44 7015.65070 IPS GROUP, INC.IPS METER TRANSACTIONS 305.30 1,887.78 7025 CHURCH STREET GARAGE 7025.62425 OTIS ELEVATOR COMPANY WINDOW CLEANING 770.00 7025.62509 DATAPARK USA, INC.PARCS EQUIPMENT 1,000.00 7025.53500 COOK COUNTY COLLECTOR *PARKING TAX-DECEMBER 2013 906.36 7025.64005 CONSTELLATION NEW ENERGY, INC. UTILITIES 4,437.73 7025.64505 CALL ONE COMMUNICATION CHARGES 1,107.06 8,221.15 7036 SHERMAN GARAGE 7036.62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTION 1,200.00 7036.62509 DATAPARK USA, INC.PARCS EQUIPMENT 2,550.00 7036.64005 CONSTELLATION NEW ENERGY, INC. UTILITIES 9,852.53 7036.64505 CALL ONE COMMUNICATION CHARGES 1,963.04 7036.53500 COOK COUNTY COLLECTOR *PARKING TAX-DECEMBER 2013 1,591.55 17,157.12 7037 MAPLE GARAGE 7037.62509 DATAPARK USA, INC.PARCS EQUIPMENT 2,000.00 7037.64005 CONSTELLATION NEW ENERGY, INC. UTILITIES 8,500.88 7037.53515 CARLEY, KYLE ACCESS CARD REFUND 175.00 7037.53510 COOK COUNTY COLLECTOR *PARKING TAX-DECEMBER 2013 428.40 7037.53500 COOK COUNTY COLLECTOR *PARKING TAX-DECEMBER 2013 1,188.31 7037.64505 CALL ONE COMMUNICATION CHARGES 1,457.39 7037.64015 NICOR 0632 UTILITIES 85.45 13,835.43 701515 PARKING METERS UPGRADE 701515.65515 DUNCAN PARKING TECHNOLOGIES PARKING METER PURCHASE 556,875.00 556,875.00 600,328.07 00510 WATER FUND 7100 WATER GENERAL SUPPORT 7100.56140 ILLINOIS DEPT OF REVENUE *SALES TAX-DECEMBER 2013 1,439.00 7100.62315 FEDERAL EXPRESS CORP.SHIPPING 141.67 14 *ADVANCED PAYMENT60 of 605 CITY OF EVANSTON, ILR5504003B BILLS LIST 01/27/14PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7100.64505 BYTRONICS, INC.SUPPORT-DIGTRACK TICKETS 100.00 7100.62180 CTL GROUP SETTLING BASIN & RESERVOIR 20,000.00 7100.62180 GREELEY AND HANSEN ELECTRICAL STUDY (RFP 13-25)52,296.00 73,976.67 7105 PUMPING 7105.64505 CALL ONE COMMUNICATION CHARGES 203.83 7105.65070 DEARBORN CONTROLS MECP100 PUMP P/N 80297 395.00 7105.64005 COMED UTILITIES 16.37 7105.65070 DEARBORN CONTROLS BETA GAUGE II P/N 910325-210 2,150.00 7105.64015 NICOR 0632 UTILITIES 1,332.03 7105.65070 DEARBORN CONTROLS BETAPORT PRESSURE MODULE 955.00 7105.65070 DEARBORN CONTROLS BETAPORT PRESSURE MODULE 10.05 7105.64005 CONSTELLATION NEW ENERGY, INC. UTILITIES 60,084.19 7105.64015 NICOR 0632 UTILITIES 1,679.64 7105.65070 DEARBORN CONTROLS BETAPORT-P PRESSURE MODULE 955.00 67,781.11 7110 FILTRATION 7110.65070 GRAPHIC PRODUCTS, INC DURALABEL 9000 PRINTER 2,628.94 7110.65070 GRAPHIC PRODUCTS, INC DURALABEL 9000 PRINTER 85.42 7110.65030 PRISTINE WATER SOLUTIONS, INC. BLENDED ORTHO-POLYPHOSPHATE 20,358.24 7110.62465 UNDERWRITERS LABORATORIES INC. FY 2013 LABORATORY TESTING 845.00 7110.62465 UNDERWRITERS LABORATORIES INC. FY 2013 LABORATORY TESTING 245.00 7110.65015 U.S. ALUMINATE ALUMINA TRIHYDRATE 4,873.30 7110.65015 U.S. ALUMINATE ALUMINA TRIHYDRATE 4,886.38 7110.65015 U.S. ALUMINATE ALUMINA TRIHYDRATE 4,871.13 7110.65015 U.S. ALUMINATE ALUMINA TRIHYDRATE 4,860.23 7110.65015 U.S. ALUMINATE ALUMINA TRIHYDRATE 4,858.06 7110.65015 U.S. ALUMINATE ALUMINA TRIHYDRATE 4,866.77 7110.65015 U.S. ALUMINATE ALUMINA TRIHYDRATE 4,871.13 7110.65015 ALEXANDER CHEMICAL CORPORATION HYDROFLUORSILIC ACID -PER SPEC 2,920.00 7110.65015 ALEXANDER CHEMICAL CORPORATION HYDROFLUORSILIC ACID -PER SPEC 12,353.88 73,523.48 7115 DISTRIBUTION 7115.62210 ON TRACK FULFILLMENT INC.POSTAGE 75.00 7115.65051 OZINGA CHICAGO RMC, INC.FY2013 CONCRETE PURCHASE 1,346.50 7115.62230 ALPHA PAINTWORKS, INC.FIRE HYDRANT PAINTING 12-127 27,540.00 7115.62275 ON TRACK FULFILLMENT INC.POSTAGE 27.06 7115.65055 ZIEBELL WATER SERVICE PRODUCTS 24"X24" STAINLESS STEEL REPAIR 2,390.00 7115.62415 KLF TRUCKING DEBRIS HAULING - 2ND YEAR 3,025.00 34,403.56 7120 WATER METER MAINTENANCE 7120.64540 VERIZON WIRELESS (25505)COMMUNICATION CHARGES 176.60 7120.62245 M.E. SIMPSON COMPANY INC NWC MAG TEST 550.00 7120.62245 M.E. SIMPSON COMPANY INC 8" TURBINE TEST 325.00 7120.62245 WATER SERVICES COMPANY METER TESTING 840.00 7120.62245 M.E. SIMPSON COMPANY INC 8" TURBINE TEST 225.00- 7120.62245 M.E. SIMPSON COMPANY INC 24" MAG TEST 1,100.00 2,766.60 15 *ADVANCED PAYMENT61 of 605 CITY OF EVANSTON, ILR5504003B BILLS LIST 01/27/14PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7125 OTHER OPERATIONS 7125.62180 MWH AMERICAS, INC.WATER DISTRIBUTION MODELING 10,789.98 7125.65080 HD SUPPLY WATERWORKS 12" MJ RW GATE VALVE WITH ACC 1,722.00 7125.65080 HD SUPPLY WATERWORKS 8" MJ RW GATE VALVE WITH ACC 2,764.00 15,275.98 7130 WATER CAPITAL OUTLAY 7130.65555 CDS OFFICE TECHNOLOGIES PANASONIC CF-31 TOUGHBOOK 6,950.00 7130.65702 HACH COMPANY DR3900 SPETROPHOTOMETER 3,875.00 7130.65555 CDS OFFICE TECHNOLOGIES TOUGHBOOK CERTIFIED DOCKING 1,240.00 7130.65555 CDS OFFICE TECHNOLOGIES HAVIS - CHARGEGUARD SELECT 130.00 7130.65702 HACH COMPANY ESTIMATED SHIPPING 100.00 7130.65555 CDS OFFICE TECHNOLOGIES PANASONIC EXTENDED WARRANTY 700.00 7130.65702 HACH COMPANY DR3900 SPETROPHOTOMETER 23.75- 12,971.25 280,698.65 00513 WATER-DEPR, IMPROV & EXTENSION 733074 REPAIR ZEBRA MUSSELCONTROL SYS 733074.62140 CAROLLO ENGINEERS, INC WATER PLANT INTAKE IMPR ENG 2,993.00 2,993.00 733105 NEW MASTER METER REPLACEMNT 733105.62140 BAXTER & WOODMAN INC.ENGINEERING SERVICES FLOWMETER 52,267.79 52,267.79 733108 ROOF-WATER TREATMENT FACILITY 733108.62140 KIPNIS ARCHITECTURE & PLANNING CHANGE ORDER #1 DESIGN: COPING 58.75 58.75 733121 WATER SUPPLY TRANS MAIN 733121.62140 CTL GROUP EXTERIOR MASONRY EVALUATION 11,987.00 11,987.00 67,306.54 00515 SEWER FUND 7415 CAPITAL OUTLAY 7415.65555 CDS OFFICE TECHNOLOGIES TOUGHBOOK CERTIFIED DOCKING 620.00 7415.65555 CDS OFFICE TECHNOLOGIES PANASONIC EXTENDED WARRANTY 350.00 7415.65555 CDS OFFICE TECHNOLOGIES PANASONIC CF-31 TOUGHBOOK 3,475.00 7415.65555 CDS OFFICE TECHNOLOGIES HAVIS - CHARGEGUARD SELECT 65.00 4,510.00 7420 SEWER IMPROVEMENTS 7420.62461 SAK CONSTRUCTION, LLC 2013 CIPP SEWER REHAB CONTR B 19,496.09 7420.62461 SAK CONSTRUCTION, LLC CHANGE ORDER # 1ADDTL TRIMMED 405.61 7420.62461 SAK CONSTRUCTION, LLC 2013 CIPP SEWER REHAB CONTR A 26,549.95 46,451.65 50,961.65 00520 SOLID WASTE FUND 7685 REFUSE COLLECT & DISPOSAL 7685.56155 ILLINOIS DEPT OF REVENUE *SALES TAX-DECEMBER 2013 40.00 7685.62390 LAKESHORE WASTE SERVICES, LLC FY2013 CONDO REFUSE COLLECTION 64,090.00 16 *ADVANCED PAYMENT62 of 605 CITY OF EVANSTON, ILR5504003B BILLS LIST 01/27/14PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 64,130.00 7690 RESIDENTIAL RECYCLING COL 7690.64005 COMED UTILITIES 371.68 7690.64015 NICOR 0632 UTILITIES 253.02 624.70 64,754.70 00600 FLEET SERVICES 7705 GENERAL SUPPORT 7705.64505 CALL ONE COMMUNICATION CHARGES 454.28 454.28 7710 MAJOR MAINTENANCE 7710.65060 GLOBAL EMERGENCY PRODUCTS, INC SPOT LIGHT REPAIR #325 606.12 7710.65060 GOLF MILL FORD RETURNED PARTS 109.94- 7710.65060 GOLF MILL FORD RETURNED PARTS 75.00- 7710.65060 GOLF MILL FORD RETURNED PARTS 99.23- 7710.65060 GROVER WELDING COMPANY REPAIRS #584 240.00 7710.65060 GROVER WELDING COMPANY CANLIFT REPAIR #719 917.56 7710.65060 GROVER WELDING COMPANY DUMPSTER HANDLE REPAIR 120.00 7710.65060 ICEMANN ARENA SERVICES HYDRAULIC HOSES #426 314.50 7710.65060 INLAND POWER GROUP OUTSIDE REPAIRS #325 2,409.42 7710.65060 MCCANN INDUSTRIES, INC.WIPER MOTOR 246.66 7710.65060 MONROE TRUCK EQUIPMENT CURB GUARDS 216.70 7710.65065 NORTH SHORE TOWING TIRE CHANGE #41 45.00 7710.65060 NORTH SHORE TOWING WINCHING #448 85.00 7710.65060 NORTH SHORE TOWING TOW & HOOK #58 75.00 7710.65060 P & G KEENE ELECTRICAL STARTER #504 225.00 7710.65085 RACK'M UP DISTRIBURTORS, INC. REPAIRS 229.38 7710.65060 REGIONAL TRUCK EQUIPMENT CO. TOOL BOX #549 921.00 7710.65060 R.N.O.W., INC.THROTTLE SWITCH #718 138.86 7710.65060 R.N.O.W., INC.REPAIRS 1,110.00 7710.65060 RUSSO POWER EQUIPMENT SIDE MIRROR #607 45.00 7710.65060 SIGLER'S AUTOMOTIVE REPAIR #720 1,141.20 7710.65060 SKF LUBRICATION SYSTEMS USA AUTO LUBE PARTS #680 217.32 7710.65060 SPRING ALIGN OUTSIDE REPAIR #910 1,170.26 7710.65060 STANDARD EQUIPMENT COMPANY REPAIRS #736 2,195.47 7710.65060 STANDARD EQUIPMENT COMPANY OUTSIDE REPAIR #736 792.58 7710.65060 SUBURBAN ACCENTS, INC.LOGOS 58.05 7710.65065 WENTWORTH TIRE SERVICE TIRE REPAIR #643 26.00 7710.65065 WENTWORTH TIRE SERVICE NEW TIRES 961.88 7710.65060 WENTWORTH TIRE SERVICE TIRE REPAIR #608 40.00 7710.65065 WENTWORTH TIRE SERVICE NEW TIRES 409.61 7710.65065 WENTWORTH TIRE SERVICE NEW TIRES 736.98 7710.65060 WHOLESALE DIRECT INC HITCH 139.85 7710.65060 WHOLESALE DIRECT INC BOLT 134.89 7710.65060 WHOLESALE DIRECT INC LICENSE PLATE LIGHT 38.72 7710.65060 ZARNOTH BRUSH WORKS, INC.SWEEPER BROOM 442.65 7710.65060 ADVANCED PROCLEAN, INC.MOBILE POWER WASHING 1,083.50 7710.65060 CARQUEST EVANSTON HYDRAULIC FITTINGS 515.32 17 *ADVANCED PAYMENT63 of 605 CITY OF EVANSTON, ILR5504003B BILLS LIST 01/27/14PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7710.65060 CARQUEST EVANSTON HYDRAULIC FITTINGS 105.00 7710.65060 CARQUEST EVANSTON HYDRAULIC FITTINGS 41.04 7710.65060 CARQUEST EVANSTON OIL FILTER 10.32 7710.65060 CARQUEST EVANSTON WINDOW DEFOGGER #40 36.78 7710.65060 CARQUEST EVANSTON AIR FILTER 4.89 7710.65060 CARQUEST EVANSTON AIR FILTERS 22.02 7710.65060 CARQUEST EVANSTON SUPER GLUE 31.10 7710.65060 CARQUEST EVANSTON MARKER LAMP 13.63 7710.65060 CARQUEST EVANSTON MARKER LAMP 12.72 7710.65060 CARQUEST EVANSTON OIL FILTER 25.84 7710.65060 CARQUEST EVANSTON FUEL INJECTOR 40.68 7710.65060 CARQUEST EVANSTON REAR BRAKES #350 73.76 7710.65060 GOLF MILL FORD PADS #569 381.93 7710.65060 GOLF MILL FORD REAR WIPER BLADE #56 13.37 7710.65060 GOLF MILL FORD FORD OEM PARTS & SERVICE 3.64 7710.65060 GOLF MILL FORD INTAKE #57 307.93 7710.65060 GOLF MILL FORD DOOR HANDLE CLIPS 18.20 7710.65060 GOLF MILL FORD CONTROL ARM #57 177.66 7710.65060 GOLF MILL FORD FORD OEM PARTS & SERVICE 177.66 7710.65060 GOLF MILL FORD REAR LOCKS INSTALLED #21 192.00 7710.65060 GOLF MILL FORD PROGRAM KEYS #602 263.88 7710.65060 INTERSTATE BATTERY EQUIPMENT BATTERY PURCHASES 349.28 7710.65060 INTERSTATE BATTERY EQUIPMENT BATTERY PURCHASES 178.00 7710.65035 PALATINE OIL COMPANY, INC FUEL PURCHASE FOR 2013 23,823.83 7710.65035 PALATINE OIL COMPANY, INC FUEL PURCHASE FOR 2013 22,006.24 7710.65035 PALATINE OIL COMPANY, INC FUEL PURCHASE FOR 2013 23,346.33 7710.65015 1ST AYD CORP.LUBES & SOLVENTS 1,036.58 7710.65060 AETNA TRUCK PARTS, INC.AIR BRAKE KNOBS 98.92 7710.65060 AETNA TRUCK PARTS, INC.STROBE LIGHT 132.00 7710.65060 AETNA TRUCK PARTS, INC.EXHAUST CLAMPS 58.80 7710.65060 ATLAS TOYOTA MATERIAL HANDLING DETECTOR #426 640.16 7710.65060 ATLAS TOYOTA MATERIAL HANDLING REPAIRS #426 1,182.75 7710.65060 BUCK BROTHERS, INC.HYDRAULIC FITTINGS 143.23 7710.65060 BUCK BROTHERS, INC.SIDEWALK TRACTOR PARTS 656.06 7710.65060 BUCK BROTHERS, INC.WIPER ARM #553 35.00 7710.65060 NORTH SUBURBAN AUTO SUPPLY SLUDGE REMOVAL 62.28 7710.65060 NORTH SUBURBAN AUTO SUPPLY FUEL ADDITIVE #600 289.80 7710.65060 CARQUEST EVANSTON REMAN ALTERNATOR 57.00- 7710.65060 CARQUEST EVANSTON RETURNED PARTS 51.00- 7710.62240 CHICAGO CRANE & HOIST CRANE REPAIRS 1,002.30 7710.65060 FREEWAY FORD TRUCK SALES PARKING BRAKE KNOB 33.32 7710.65060 CHICAGO PARTS & SOUND, LLC MOTOR ASSEMBLY #57 756.87 7710.65060 CHICAGO INTERNATIONAL TRUCKS, WINDOW CRANK 9.66 7710.65060 CHICAGO INTERNATIONAL TRUCKS, ECM CONNECTOR #449 62.03 7710.65060 CHICAGO INTERNATIONAL TRUCKS, FASTNERS 51.00 7710.65060 CHICAGO INTERNATIONAL TRUCKS, ALTERNATOR #449 741.87 7710.65060 CHICAGO PARTS & SOUND, LLC RETURNED PARTS 35.00- 7710.65060 CHICAGO PARTS & SOUND, LLC BRAKE ROTORS 382.40 7710.65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 191.24 7710.62355 CINTAS #22 WEEKLY UNIFORM SERVICE 118.74 18 *ADVANCED PAYMENT64 of 605 CITY OF EVANSTON, ILR5504003B BILLS LIST 01/27/14PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7710.62355 CINTAS #22 WEEKLY UNIFORM SERVICE 118.74 7710.62355 CINTAS #769 WEEKLY MAT SERVICE 182.28 7710.65035 CITY WELDING SALES & SERVICE CYLINDER RENTAL 76.73 7710.65045 DUECO, INC.AERIAL INSPECTION #577 2,214.99 7710.65060 EQUIPMENT DEPOT HYDRAULIC REPAIRS #760 2,130.37 7710.65060 EVANSTON CAR WASH & DETAIL CAR WASHES 160.00 7710.65060 GLOBAL EMERGENCY PRODUCTS, INC DEFROSTER REPAIR #323 884.00 7710.65060 GLOBAL EMERGENCY PRODUCTS, INC DOOR SENSOR #312 1,047.10 103,779.26 104,233.54 00601 EQUIPMENT REPLACEMENT FUND 7780 VEHICLE REPLACEMENTS 7780.65550 CURRIE MOTORS 7 VEHICLE PURCHASES 34,946.00 7780.65550 HAVEY COMMUNICATIONS INC.EMERGENCY LIGHTING & SIRENS 189.00 7780.65550 HAVEY COMMUNICATIONS INC.EMERGENCY LIGHTING & SIRENS 389.00 35,524.00 35,524.00 00605 INSURANCE FUND 7801 EMPLOYEE BENEFITS 7801.66050 HSA BANK HSA BANK-NOVEMBER 17.50 17.50 17.50 00700 FIREFIGHTERS PENSION FUND 8000 FIREFIGHTERS' PENSION 8000.61755 BURKE, BURNS & PINELLI, LTD.LEGAL FEES-FIRE PENSION 2,593.69 2,593.69 2,593.69 2,346,065.84GRAND TOTAL 19 *ADVANCED PAYMENT65 of 605 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT SUPPLEMENTAL BILLS LIST ATTACHMENT 0.00 Grand Total 2,346,065.84 PREPARED BY DATE APPROVED BY DATE CITY OF EVANSTON BILLS LIST PRIOR YEAR PERIOD ENDING 01/27/2014 66 of 605 For City Council meeting of January 27, 2014 Item A3.1 Business of the City by Motion: 2014 Church and Maple Garages Inspections For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Suzette Robinson, Director of Public Works Homayoon Pirooz, P.E., Assistant Director of Public Works Stefanie Levine, RLA, Senior Project Manager Public Works Sean Ciolek, NCARB, Project Manager Public Works Rickey Voss, Parking/Revenue Manager Subject: Professional Consulting Services for the 2014 Church Street and Maple Avenue Parking Garage Inspections (RFP#13-30) Date: January 27, 2014 Recommendation: Staff recommends that City Council authorize the City Manager to execute a contract for the 2014 Church Street and Maple Avenue Parking Garage Inspections to CTL Group located at 5400 Old Orchard Road, Skokie, Illinois for a not-to-exceed amount of $103,843. Funding Source: Parking Fund 700509.65515 $1,410,000 Parking Fund 700510.65515 $ 770,000 Total $2,180,000 Discussion: At the City garages, periodic façade inspections are required for maintenance of the buildings, to keep water from entering the buildings and to ensure the safety of the occupants and the public. The following is the project scope for the inspection of the garages at Church St and at Maple Ave: 1. Perform site visits and up-close façade inspections for all exterior and interior vertical wall envelope surfaces (concrete, masonry, metal infill panels, storefront, curtain wall, hollow metal window and door systems and any other vertical envelope components) and associated components from all garage levels including stair and elevator towers. 2. Document existing conditions, report any deficiencies and recommend the necessary repairs for each facility. 3. Prepare cost estimates for the required repairs. Memorandum 67 of 605 This work requires the services of professional consultants who are specialized in the inspection and design of repairs for parking structures. In response to the Request for Proposal (RFP #13-30) on November 19, 2013, the Purchasing Department received proposals from four professional consulting firms: Consultant Address CTL Group 5400 Old Orchard Road, Skokie, Illinois 60077 Bloom Companies, LLC 600 W. Fulton Street, Suite 701, Chicago, IL 60661 Walker Parking Consultants 850 W. Jackson Blvd., Suite 310, Chicago, IL 60607 Wiss, Janney, Elstner Associates, Inc. 330 Pfingsten Road, Northbrook, Illinois 60062 A committee consisted of staff members from Public Works, Parking and Purchasing reviewed and evaluated the proposals, based on the following criteria: 1. Qualifications and Expertise (30%). 2. Proposal Organization and Completeness (20%). 3. Price (30%). 4. Willingness to Execute the City of Evanston’s Standard Agreement (10%) 5. M/W/EBE Participation (10%). Following individual review of the proposals, the committee decided to interview CTL Group, and Wiss, Janney, Elstner and Associates, Inc. The following is the tabulation of results from the interviews: Consultant Fee Proposal Qualifications & Expertise (30) Proposal Organization & Completeness (20) Price (30) Contract Agreement (10) Proposed M/W/EBE (10) Total (100) CTL Group $103,843 29 19 11 10 10 79 Wiss, Janney, Elstner $117,300 29 17 14 7 1 68 The committee recommended that CTL Group be awarded this work based on their significant previous experience with garage inspections, demonstrated understanding of the project, level of expertise, meeting the City’s M/W/EBE goal and positive feedback from references. CTL Group is teaming up with several sub-consultants including KPFF and Al Hatcher who are both Evanston businesses (See attached M/W/EBE memo for additional information). We expect CTL Group to complete the inspections of our two garages and submit their findings within 90 days of our notice-to-proceed. Attachments: MWEBE Memo 68 of 605 To: Suzette Robinson, Director of Public Works Homayoon Pirooz, P.E., Assistant Director of Public Works Stefanie Levine, RLA, Senior Project Manager Public Works Sean Ciolek, NCARB, Project Manager Public Works Rickey Voss, Parking/Revenue Manager From: Tammi Turner, Purchasing Manager Subject: Recommendation for Professional Consulting Services for the 2014 Church and Maple Garages Envelope Inspections, (RFP 13-30) Date: January 27, 2014 The goal of the Minority, Women and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City’s goal is to have general contractors utilize M/W/EBEs to perform no less than 25% of the awarded contract. With regard the recommendation for Professional Consulting Services, for the 20014 Church and Maple Garages Envelope Inspections, CTL Group. is found to be in initial compliance with the goal by subcontracting approximately 30.6% of the contract work to certified M/W/EBE’s. CTL Group’s total base bid is $103,843.00, and will receive 30.6% credit. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE KPFF Consulting Engineers Engineering Services $19,720.00 18.9% X Hatcher Family Construction, Inc. Construction Services $12,168.00 11.7% X Total M/W/EBE $31,888.00 30.6% Cc: Martin Lyons, Assistant City Manager/CFO Louis Gergits, Finance Manager Memorandum RFP 13-30, Contract for Professional Consulting Services for 2014 Church and Maple Garages Envelope Inspections, M/W/EBE Memo, 01.27.2014 69 of 605 For City Council meeting of January 27, 2014 Item A3.2 Business of the City by Motion: Water System Improvements For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Utilities Director Lara Biggs, Superintendent – Construction & Field Services Subject: Water System Improvements – Finished Water Metering (Bid No. 13-69) Date: January 2, 2014 Recommended Action: Staff recommends that City Council authorize the City Manager to award a contract in the amount of $488,494.00 to Glenbrook Excavating & Concrete, Inc. (1350 N. Old Rand Road, Wauconda, IL) for the Water System Improvements – Finished Water Metering Project (Bid No. 13-69). Funding Source: Funding in the amount of $498,494.00 will be from the Water Fund, Capital Improvement Account 733105, which has a FY 2014 budget allocation of $950,000. Project Summary: This project includes the installation of a new master flow meter on the largest of the three feeder mains to Evanston and Skokie (48" diameter). The three existing master flowmeters that meter water flow from the treatment plant to Evanston and Skokie were installed in 1949 and 1961, and are reaching the end of their useful life. They are located in underground vaults in Lincoln Street that are difficult to access. Because they are larger flowmeters (two are 42” and one is 48”), it is difficult for them to read accurately at very low flows. This project will install one new flowmeter, 24” in diameter, sized to more accurately measure the range of water flow going to Evanston and Skokie. This flowmeter will be installed in a new pre-fabricated steel vault in a location that will make it easier and safer for staff to access for routine maintenance and troubleshooting. This project also includes the relocation of the chemical feed points for fluoride and orthopolyphosphate. Fluoride is currently added at the beginning of the treatment process, and a portion is lost during sedimentation and filtration of the drinking water. Orthopolyphosphate is currently added post-treatment but in a location in which good mixing does not always occur. This project will install new feed points for both of these Memorandum 70 of 605 chemicals. For flow going to Evanston and Skokie, the chemicals will be fed at the new meter vault, where an inline mixer will also be installed to ensure good mixing. For flow going to the Northwest Water Commission, the new feed point will be installed in the Northwest Water Commission pipeline before it leaves the water plant property. Sampling points will also be installed at both of these locations. Additional chemical feed equipment will be required in order to feed these chemicals at the new sampling points. This will be installed under a separate project to be advertised for bid in Spring 2014. Final completion of the project is anticipated for September 30, 2014. Bid Analysis: This contract was advertised on Demandstar and in the Pioneer Press. Bids were opened and publicly read on Tuesday, December 17, 2013. Four bids were received as summarized below. The submitted bids cannot be withdrawn or canceled for a period of 60 calendar days following the bid opening, or until February 15, 2014. Contractor Information Contractor: Address: Bolder Contractors 316 Cary Point Drive, Cary, IL Glenbrook Excavating & Concrete 1350 Old Rand Road, Wauconda, IL LoVerde Construction 800 S. Milwaukee Avenue, Wheeling, IL Sheridan Plumbing & Sewer 6754 W. 74th Street, Bedford Park, IL Pricing Summary Contractor: Total Bid Price: Glenbrook Excavating & Concrete $498,494.00 Bolder Contractors $526,000.00 LoVerde Construction $568,711.00 Sheridan Plumbing & Sewer $608,300.00 Glenbrook’s bid includes 36% M/W/EBE utilization exceeding the City’s goal of 25% participation. Glenbrook has further pledged that it will employ Evanston residents for at least 15% of all hours worked at the construction site by construction trade workers to meet the Local Employment Program requirements. A memo reviewing their compliance with the City’s goals is attached. The bids were reviewed by Lara Biggs, Superintendent – Construction & Field Services. Based on available funding and the bids received, staff is recommending issuance of a Notice of Award in the amount of $498,494.00 to Glenbrook Excavating & Concrete. Glenbrook has successfully completed similar projects for the City of Evanston, including the various water main replacement projects. 71 of 605 Attachments M/W/EBE Compliance Review Memo dated 01/27/14 72 of 605 To: David Stoneback, Director of Utilities Lara Biggs, Superintendent of Construction & Field Services From: Tammi Turner, Purchasing Manager Subject: Water System Improvements – Finished Water Metering (Bid No. 13-69) Date: January 27, 2014 The goal of the Minority, Women and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City’s goal is to have general contractors utilize M/W/EBEs to perform no less than 25% of the awarded contract. With regard to Water System Improvements – Finished Water Metering (Bid No. 13-69), Glenbrook Excavating & Concrete, Inc. is found to be in initial compliance with the goal by subcontracting approximately 36.5% of the contract work to certified M/W/EBE’s. Glenbrook Excavating & Concrete, Inc. total base bid is $488,494.00, and will receive 36.5% credit. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE RAI Concrete Inc. Engineering Services $13,775.00 X J. Jasso Trucking Hauling Service $20,000.00 X Ozinga Ready Mix Concrete Services $15,200.00 X RA Seaton Contractors Svs. Trucking /Landscape $129,810.00 X Total M/W/EBE $178,785.00 Cc: Martin Lyons, Assistant City Manager/CFO Louis Gergits, Finance Manager Memorandum Water System Improvements – Finished Water Metering (Bid No. 13-69), M/W/EBE Compliance Approval, Glenbrook Excavating & Concrete, Inc., 01.27.2014. 73 of 605 For City Council Meeting of January 27, 2014 Item A3.3 Business of the Council by Motion: Approval of Contract for Elevator Inspections For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee (A&PW) From: Mark Muenzer, Director of Community Development Jeffrey Murphy, Building and Inspection Services Manager Maleka Sumar, Management Analyst Subject: Approval of Contract with Elevator Inspection Services for City of Evanston-Elevator Inspection program (Joint RFP 13-68 City of Evanston and Village of Skokie) Date: January 27, 2014 Recommended Action Staff recommends City Council authorization for the City Manager to execute a contract for elevator inspection, elevator plan review and direct billing services with Elevator Inspection Services Co., Inc., located at 745 McClintock Drive, Suite 235, Burr Ridge, IL 60527. The proposed contract term is for a period of three years from the commencement date. After the initial term, there shall be two (2) additional one-year options to renew. The City of Evanston and Village of Skokie agreed upon issuing a joint RFP for elevator inspection, elevator plan review and direct billing services. Funding Source The FY 2014 cost of the proposed contract will be assessed on a per-unit basis and is estimated to be approximately $25,544 for a total of 824 inspections, elevator plan reviews and direct billing services. Funding will be provided by the General Fund (account number 2126.62425). The FY 2014 budget for elevator inspection and elevator plan review services is $68,425. As seen in the attachment, this does not include approximately $31,312 in costs for staff to provide direct billing services. The total current program cost is approximately $88,448 yearly. Awarding this contract to Elevator Inspection Services Co., Inc. will save the City approximately $62,904 on an annual basis with total savings of $188,712 over the course of the contract term (three years). A detailed breakdown of the saving tabulation is provided in a table in Appendix A. Summary The proposed contract will include elevator plan review services (as needed) and inspection of elevators, escalators, dumbwaiters, lifts, chair lifts and accessory equipment on a bi-annual basis as mandated by the State of Illinois Fire Marshal’s office. Additionally, the vendor will provide direct billing services on behalf of the City, Memorandum 74 of 605 which includes: scheduling inspections with building owners, invoicing, payment collection, certificate issuance and ongoing reporting to the City. The City of Evanston has been utilizing the services of Elevator Inspection Services Co., Inc. for the past 10 years to provide elevator inspection services to approximately 824 elevators within the City. In an effort to secure the most competitive pricing for the building owners/businesses within Evanston, City staff was directed to issue an Request for Proposal (RFP) for Elevator Inspection Program. As a result of Shared Services Summit held in summer 2013 with neighboring communities (i.e. Village of Skokie, Village of Wilmette and Village of Lincolnwood), the Community Development Department identified the opportunity to collaborate with the above mentioned communities in regards to the Elevator Inspection Program. Subsequently, City of Evanston and Village of Skokie agreed upon issuing a joint RFP for elevator inspection, elevator plan review and direct billing services. On November 7, 2013, the City of Evanston issued a joint RFP13-68 along with the Village of Skokie for the Elevator Inspection Program. The major goals of the RFP process were to accomplish the following: • Ensure the City of Evanston and Village of Skokie and their building owners/businesses are receiving competitive pricing • Increase transparency to the public and business community • Provide a fair marketplace for businesses providing elevator inspection services Three responses were received from the following vendors: 1. Citywide Elevator Inspection Services, Inc. 2. Elevator Inspections Services, Co., Inc. 3. Thompson Elevator Inspections Services, Inc. The table in Appendix A provides a summary of the RFP responses and cost saving tabulation. All three vendors were responsive, demonstrated the knowledge and capacity to perform elevator inspections, elevator plan reviews and direct billing services. A staff committee composed of City of Evanston and Village of Skokie staff reviewed all three proposals and recommend the award of Elevator Inspection Program contract to Elevator Inspection Services Co., Inc. Elevator Inspection Services Co., Inc. meets all necessary requirements of the RFP and has the qualifications to perform the required mechanical/electrical inspections and conduct elevator plan reviews for all existing and new safety devices equipment in conformance with the State of Illinois Elevator Safety Act and the Illinois State Fire Marshal rules. The vendor has the capacity to schedule inspections with the building owners, perform inspections on a bi-annual basis, provide invoicing, collect payments, issue elevator certificates and provide ongoing reports to the City. The vendor agrees to sign the City’s standard Professional Services Agreement without any exceptions. Village of Skokie staff will be taking the same recommendation to their respective Village Board on February 3, 2014. Attachments: Page 2 75 of 605 Appendix A – Summary of RFP Responses/Savings Analysis M/W/EBE Memo Page 3 76 of 605 City of Evanston Revised: 3-1-2013 Joint Elevator RFP 13-68 (Evanston and Skokie) (Proposal Summary) - Received December 5, 2013 Current Costs Thompson Elevator Citywide Elevator Elevator Inspection Services Co., Inc. (City's current vendor) SAVINGS (Comparison of current costs to EIS (lowest price) proposal) Semi-Annual Inspection Fee (Per inspection) (includes 32 City owned elevators) (two inspections required per year) $32 (824 conveyances x 2 inspections/yr.) = $52,736 $30 (824 conveyances x 2 inspections/yr.) = $49,440 $18 (824 conveyances x 2 inspections/yr.) = $29,664 $13 (824 conveyances x 2 inspections/yr.) = $21,424 $19 (x824 conveyances) (2 inspections/yr.) $31,312 Compliance Re-inspection Fee (Per inspection)$25 $27 $15 $13 $12 per re-inspection Plan Review Fees (per permit approval) $400 $0 $0 $0 $400 (approx. 10 per year = $400) Other Services (special inspections due to complaint etc.) -$30 --- Direct Billing Charge (per conveyance/yr.) (Includes the following services that are currently in-house but will be outsourced: scheduling, invoicing, payment collection, certificate issuance, reporting to the City ~$38 (In-house) ($38 x 824) $31,312 $5 ($5 x 824) = $4,120 $5 ($5 x 824) = $4,120 $5 ($5 x 824) = $4,120 $33 ($33 x 824 conveyances) $27,192 Annual Required Witnessing Fee for City owned Elevators (32) $125 (approximately $125* x 32 x 1/yr.) $4,000** $0 $0 $0 $4,000 Total Costs/Savings $88,448 $53,560 $33,784 $25,544 $62,904* Staff Licensed with the State of IL Yes Yes Yes M/W/EBE or Waiver Waiver filed Waiver filed Waiver filed Corporate Office Location Mt. Prospect, IL Chicago, IL Burr Ridge, IL Direct Billing Experience Yes Yes Yes No. of Years in Business 38 years 3 years 37 years Copy of Insurance Provided Yes Yes Yes No. of Municipal Customers 133 None 33 References Provided Yes Yes Yes *Approximate **Paid by Parking Services 77 of 605 To: Mark Muenzer, Director of Community Development Jeffrey Murphy, Building and Inspection Service Manager Maleka Sumar, Management Analyst From: Tammi Turner, Purchasing Manager Subject: Contractor with Elevator Inspection Services for the City of Evanston-Elevator Inspection Program, (RFP 13-68) Date: January 27, 2014 The goal of the Minority, Women, and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City has established a 25% M/W/EBE subcontracting participation goal for general contractors. However, RFP 13-68 Elevator Inspection Services for the City of Evanston-Elevator Inspection Program, precludes subcontracting opportunities. Therefore, a waiver is granted. Cc: Martin Lyons, Assistant City Manager/CFO Louis Gergits, Finance Manager Memorandum RFP 13-68, Elevator Inspection Services for the City of Evanston-Elevator Inspection Program, M/W/EBE Waiver, 01.27.2014 78 of 605 For City Council meeting of January 27, 2013 Item A3.4 Business by Motion: Contract with Terillium for Oracle Support Services 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 Jose Calderon, Information Technology Division Manager Subject: Contract with Terillium Inc. for Oracle JDE Support Services Date: January 23, 2014 Recommended Action: Staff recommends City Council authorize the City Manager to enter into a contract with Terillium Inc., 201 E 5th Street, Cincinnati, OH, for JD Edwards’s data and administrative support in the amount of $18,600 for six (6) months from January 1, 2014 to June 30, 2014. Funding Source: Funding is provided by General Fund vacancy savings from the resignation of the Application and Development Manager in the Information Technology business unit. This position would have accomplished some of the work in-house. The position has been left vacant and will be filled after completion of the New World Systems (finance and HR system) installation. Total salary savings over six months including benefits will be approximately $60,000. Summary: Terillium provides daily remote application and support services of the City’s financial system, JD Edwards. Additionally, Terillium is providing assistance with data conversion between JD Edwards and the New World Financial System. Between May 1st, 2013 - Dec 31st, 2013 the City was under contract with Terillium for report and maintenance assistance left vacant by the former Application and Development Manager. Contract terms specified 10 hours of support for $1,550 month plus $155hr overage rate. Usage summary for term is provided in the following table and has been funded through FY 2013 salary savings. Memorandum 79 of 605 The increased expense in December of 2013 is due to two major projects. W-2 creation takes Oracle expertise in the current HR/payroll system and Terillium is also involved in providing historical data to New World Systems as a part of our system conversion. The proposed 2014 support agreement, will include up to 20 hours per month of support for $3,100, with overages at $165hr. Staff was unable to identify additional vendors in 2013 with the expertise required to provide these services at this price point and Terillium now has experience with our current Oracle based accounting and human resource systems. All expenses related to Terillium are covered within the 2013 and 2014 Information Technology Budget. 80 of 605 201 E 5th Street Suite 2700 Cincinnati, OH 45202 (513) 621-9500 p (513) 621-9514 f www.terillium.com December 24, 2013 Jose Calderon City of Evanston 2100 Ridge Ave Evanston, IL 60201 Dear Jose: Thank you for the opportunity to provide City of Evanston with a proposal for JD Edwards EnterpriseOne support. We appreciate the time you spent to provide us information pertinent to this proposal. We feel that having reviewed this proposal, you will find Terillium, Inc. (Terillium) to be your “best fit” partner for the following reasons: JDE Business Partner of choice: We are in this together Terillium is an Oracle Certified Platinum Partner Our sole goal is your success and satisfaction, will not be “yes-people” Terillium positions you to support your day-to-day needs both functionally and technically Terillium’s Experience: We have lived in your shoes Many of our consultants were users Experience directly related to your specific needs on this project Proven methodology to ensure optimal knowledge transfer and communication Employees: Key differentiator for Terillium Our project resources are personally invested in the Terillium team We know what quality you are getting as a customer Dedicated team – we only do Oracle consulting Over 40 resources in the Chicago area and over 100 in the Midwest Our resources have an average of 12 years of JDE experience Our Client References: Terillium is only as good as our last satisfied client Over 350 Clients served and supported Ask Oracle – Terillium is their go to partner in the Central Region We truly appreciate your consideration of Terillium to be your JDE partner for this project effort. Very truly yours, Jason Batte Vice President - Technology Terillium, Inc. 81 of 605 201 E 5th Street Suite 2700 Cincinnati, OH 45202 (513) 621-9500 p (513) 621-9514 f www.terillium.com Premier Support Terillium’s Premier Support Agreement is Terillium’s most popular and most affordable support solution. This allows for a win/win agreement between Terillium and City of Evanston Inc. utilizing a partnered support approach. Terillium will provide City of Evanston with an allotment of 20 hours per month at $3,100 per month. The monthly allotment can be used by any of Terillium’s Resources (Application, Development, or Technical) ensuring the most efficient support method available. Unused hours will be rolled over to the following month, eliminating “wasted” or “use it or lose it” situations. The Engagement Manager will review City of Evanston’s support agreement each quarter and make any necessary adjustments. Our goal is to provide your team the support you need when they need it. The details of our Premier Support are outlined below. 1. Terillium Premier Support is an extension to the support provided by Oracle. 2. Terillium Premier Support is flexible to be tailored to City of Evanston’s needs on a quarter by quarter basis. 3. Hours are invoiced on the first day of each month (in the amount of $3,100). 4. Unused hours are carried forward to the following month. At the end of the support agreement contract, all carried forward hours will expire. 5. Support hours that exceed 20 hours in a given month will be billed in ½ hour increments at Terillium’s normal rate of $165/hour. This will be invoiced on the 15th of each month. 6. Terillium expects that most of the work will be completed remotely, but any onsite work will require travel expenses which will be billed at cost. 7. Terillium’s Engagement Manager will work with City of Evanston’s Technical Support Manager to review issues as they are escalated to Terillium’s resources. 8. Terillium will complete a monthly system review to proactively find issues with process logs, disk usage and batch processing. 9. Terillium’s JD Edwards support will be available 7:30am until 7:30pm EST – Monday through Friday, not including holidays. Flexible if needed. 10. Response time/SLA is dependent on the severity of the issue/case. o Critical – Case will be evaluated by the Terillium Engagement Manager and will respond within one hour to validate the severity and determine an action plan. o High – Case will be acknowledged within 4 hours to identify the cause and determine an action plan. o Medium – Cases that must be completed by the end of the week. o Low – Cases that must be completed by Month End. 82 of 605 201 E 5th Street Suite 2700 Cincinnati, OH 45202 (513) 621-9500 p (513) 621-9514 f www.terillium.com Project Assumptions Terillium’s Premier Support Agreement is effective from January 1, 2014 until June 30, 2014. This agreement can be cancelled by either party with one month advance notice. The majority of the support can be performed remotely. City of Evanston will have a single point of contact for all requests. City of Evanston will provide remote connections to all servers and fat clients by using logmein.com, web meetings or any other appropriate, agreed upon method. Once City of Evanston assigns the issue/case to Terillium, they are authorizing Terillium to provide the support needed for that issue/case. City of Evanston will be responsible for all Third Party software Fees & Expenses – Summary Terillium will provide City of Evanston with 20 hours per month. Hours are invoiced on the first day of each month (in the amount of $3,100). Unused hours are carried forward to the following month. At the end of the support agreement contract, all carried forward hours will expire. Support hours that exceed 20 hours in a given month will be billed in ½ hour increments at Terillium’s normal rate of $165/hour. Terillium expects that most of the work will be completed remotely, but any onsite work will require travel expenses which will be billed at cost including a per diem of $45/day. 83 of 605 201 E 5th Street Suite 2700 Cincinnati, OH 45202 (513) 621-9500 p (513) 621-9514 f www.terillium.com We appreciate the opportunity to be of service to you and look forward to working with you. You can be assured that it will receive our closest attention. If you have any questions, don’t hesitate to call me. Very truly yours, Terillium, Inc. Jason Batte Vice President - Technology Acknowledged and Accepted: City Of Evanston By: ____________________________________ Title: ____________________________________ Date: ____________________________________ 84 of 605 For City Council meeting of January 27, 2014 Item A3.5 Business of the City by Motion: Renewal of Police Service Agreement with Motorola For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Rich Eddington, Chief of Police Perry Polinski, Communications Coordinator Subject: Renewal of Police Service Agreement with Motorola (Single Source) Date: January 17, 2014 Recommended Action: Staff from the Police Department recommends authorizing the City Manager to approve the renewal of the annual single source Service Agreement with Motorola, Inc. (1309 East Algonquin Road., Schaumburg, IL 60196) for the amount of $77,092.92. The Agreement is effective from January 1, 2014 through December 31, 2014. Funding Source: Funding will be provided by the Emergency Telephone System account 5150.62509 (Service Agreements & Contracts) with a Budget of $222,340. Summary: Prior to construction of the existing 9-1-1 Center in 1994, the City had a conglomerate of hardware. When a problem arose, it was difficult to pinpoint which vendor was responsible for the correction. At the time, when the “new” 9-1-1 Center was being designed, it was decided that Motorola would be our vendor to avoid the aforementioned “serviceability” issues. Therefore, the radio equipment, consoles, E911 phone system, and portables & mobiles were all purchased from and installed by Motorola. The core mission of the E9-1-1 Communications Center is to serve as the community’s point of access to public safety resources and as a resource to public safety first responders by providing information, additional resources, and communication links. The Motorola Service Agreement maintains critical processes that support the mission of the E9-1-1 Communications Center which includes radio equipment: consoles, E911 phone system, portables, and mobile (in-car) radios. Memorandum 85 of 605 The 2013 Service Agreement with Motorola was $77,090.76. Through negotiations, the City was able to hold the base cost for all services in the 2014 service agreement to essentially a 0% increase. The cost to renew for 2014 is $77,092.92. Receiving the new Service Agreement late, as well as negotiations, brought us past the 2013 Agreement end date of December 31, 2013. However, the vendor extended the Agreement so that service would not be “shut off” if the renewal is not active by the end of December. Legislative History: FY13 Emergency Telephone System budget approved at the meeting of September 26, 2013. Attachments Service Agreement Service Terms and Conditions 86 of 605 SERVICES AGREEMENT Attn: National Service Support/4th fl Contract Number: S00001018471 1301 East Algonquin Road Contract Modifier: RN09-SEP-13 01:40:23 (800) 247-2346 Date: 01/09/2014 Company Name:Evanston Police Dept, City Of Required P.O.: Yes Attn:PERRY POLINSKI Customer # : 1000195588 Billing Address:2100 Ridge Ave Bill to Tag # : 0002 City, State, Zip:Evanston, IL 60201 Contract Start Date: 01/01/2014 Customer Contact:Perry Polinski Contract End Date: 12/31/2014 Phone:(847) 866-5070 Anniversary Day: Dec 31st Payment Cycle: QUARTERLY PO # : TBD QTY MODEL/OPTION SERVICES DESCRIPTION MONTHLY EXT EXTENDED AMT ***** Recurring Services ***** SVC01SVC1102C DISPATCH SERVICE $163.33 $1,959.96 1 SVC242AC ENH: DISPATCH CENTER LOCATION 12 SVC244AA ENH: CONVENTIONAL SITE 1 SVC455AE ENH: DISPATCH SITE SVC01SVC1101C INFRASTRUCTURE REPAIR WITH ADV REPL $757.97 $9,095.64 3 SVC261AA ENH: CONVENTIONAL SITE 8 SVC262AA ENH: CONVENTIONAL STATION 4 SVC264AA ENH: CONVENTIONAL OPER POSITION 2 SVC455AE ENH: DISPATCH SITE SVC01SVC1104C TECHNICAL SUPPORT SERVICE $53.93 $647.16 3 SVC139AA ENH: CONVENTIONAL SITE 8 SVC140AA ENH: CONVENTIONAL STATION 4 SVC142AA ENH: CONVENTIONAL OPERATOR POS 1 SVC455AE ENH: DISPATCH SITE SVC01SVC1220C SFS LITE SERVICE AGREEMENT - RADIO REPAIR $340.20 $4,082.40 108 SVC27AA ENH: XTS5000 SVC01SVC1405C NETWORK PREVENTATIVE MAINTENANCE A $192.60 $2,311.20 8 SVC212AA ENH: GROUND ACCESSIBLE STATION 4 SVC213AA ENH: GROUND ACCESSIBLE OPERATO 9 SVC214AA ENH: GROUND ACCESSIBLE RECEIVE 4 SVC850AA SITE PM ACCESS A SVC01SVC1410C ONSITE INFRASTRUCTURE RESPONSE $1,585.47 $19,025.64 3 SVC218AA ENH: ONSITE INFRASTRUCTURE RESPONSE-SITE 8 SVC219AA STATION(S) 4 SVC220AA OPERATOR POSITIONS 9 SVC221AA RECEIVER SITES 1 SVC455AE ENH: DISPATCH SITE 1 SVC986AA DISPATCH CENTER LOCATION SVC01SVC1423C LOCAL RADIO SUPPORT SERVICE $269.52 $3,234.24 108 SVC27AB ENH: XTS5000 87 of 605 SVC01SVC2007C SP - ONSITE INFRASTRUCTURE RESPONSE $903.21 $10,838.52 6 WORKSTATION SVC02SVC0029C SP - INFRASTRUCTURE REPAIR/ADVANCED REPLACEMENT $105.45 $1,265.40 1 ACCESSORY SVC02SVC0039A SP-INFRASTRUCTURE SOFTWARE INSTALL $225.78 $2,709.36 1 PLANT PSAP SVC02SVC0081A MISSION CONTROL $897.46 $10,769.52 1 SITE(S) SVC02SVC0082A SOFTWARE FIRMWARE SUPPORT $929.49 $11,153.88 1 SITE(S) SPECIAL INSTRUCTIONS - ATTACH STATEMENT OF WORK FOR PERFORMANCE DESCRIPTIONS Subtotal - Recurring Services $6,424.41 $77,092.92 Subtotal - One-Time Event Services $ .00 $ .00 Total $6,424.41 $77,092.92 Taxes -- Grand Total $6,424.41 $77,092.92 THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING JURISDICTIONS WHERE APPLICABLE, TO BE VERIFIED BY MOTOROLA. Subcontractor(s)City State MOTOROLA RADIO SUPPORT CENTER ELGIN IL MOTOROLA SYSTEM SUPPORT CENTER ELGIN IL MOTOROLA - STARCOM 21 (DO999)SCHAUMBU RG IL MOTOROLA SYSTEM SUPPORT CTR-CALL CENTER DO066 SCHAUMBU RG IL MOTOROLA SYSTEM SUPPORT-TECHNICAL SUPPORT DO068 SCHAUMBU RG IL CHICAGO COMMUNICATIONS LLC ELMHURST IL CHICAGO COMMUNICATIONS LLC ELMHURST IL CHICAGO COMMUNICATIONS LLC ELMHURST IL CASSIDIAN COMMUNICATIONS INC TEMECULA CA CASSIDIAN COMMUNICATIONS INC TEMECULA CA CHICAGO COMMUNICATIONS LLC ELMHURST IL I received Statements of Work that describe the services provided on this Agreement. Motorola's Service Terms and Conditions, a copy of which is attached to this Service Agreement, is incorporated herein by this reference. AUTHORIZED CUSTOMER SIGNATURE TITLE DATE CUSTOMER (PRINT NAME) MOTOROLA REPRESENTATIVE(SIGNATURE)TITLE DATE Ross Isbell 615 777-5087 MOTOROLA REPRESENTATIVE(PRINT NAME) PHONE Company Name: Evanston Police Dept, City Of Contract Number: S00001018471 88 of 605 Contract Modifier: RN09-SEP-13 01:40:23 Contract Start Date: 01/01/2014 Contract End Date: 12/31/2014 89 of 605 Evanston Service Terms and Conditions. Revised January 21, 2014 Service Terms and Conditions Motorola, Inc. (“Motorola”) and the customer named in this Agreement (“Customer”) hereby agree as follows: Section 1 APPLICABILITY These Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either (1) maintenance, support, or other services under a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement. Section 2 DEFINITIONS AND INTERPRETATION 2.1. “Agreement” means these Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise. 2.2. “Equipment” means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3. “Services” means those installation, maintenance, support, training, and other services described in this Agreement. Section 3 ACCEPTANCE Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins on the “Start Date” indicated in this Agreement. Section 4 SCOPE OF SERVICES 4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer’s request, Motorola may also provide additional services at Motorola’s then-applicable rates for the services. 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer’s product manuals; and routine service procedures that are prescribed by Motorola will be followed. 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires. 4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer’s obligation to pay Service fees for this Equipment will terminate at the end of the month in which Motorola receives the written notice. 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 90 of 605 Evanston Service Terms and Conditions. Revised January 21, 2014 4.6. If Equipment cannot, in Motorola’s reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to Service that Equipment. 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement. Section 5 EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web, or for Equipment malfunction caused by the transmission medium. Section 6 TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer’s location, Customer will provide Motorola, at no charge, a non-hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for those charges and expenses. Section 7 CUSTOMER CONTACT Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer’s personnel to maintain contact, as needed, with Motorola. Section 8 PAYMENT Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date. Customer will reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments that are levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. 91 of 605 Evanston Service Terms and Conditions. Revised January 21, 2014 Section 9 WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer’s sole remedy is to require Motorola to re- perform the non-conforming Service or to refund, on a pro-rata basis, the fees paid for the non- conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10 DEFAULT/TERMINATION 10.1. If either party defaults in the performance of this Agreement, the other party will give to the non- performing party a written and detailed notice of the default. The non-performing party will have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. 10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services. Section 11 LIMITATION OF LIABILITY Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. Section 12 EXCLUSIVE TERMS AND CONDITIONS 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing 92 of 605 Evanston Service Terms and Conditions. Revised January 21, 2014 specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order, acknowledgement, or other writing is signed by authorized representatives of both parties. Section 13 PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola’s property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or as required by law, any confidential information or data to any person, or use confidential information or data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section survive the expiration or termination of this Agreement. 13.2. Unless otherwise agreed in writing, no commercial, financial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property, including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14 FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters. Section 15 COVENANT NOT TO EMPLOY During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law. Section 16 MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer’s custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola’s use without charge and may be removed from Customer’s premises by Motorola at any time without restriction. Section 17 GENERAL TERMS 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect. 93 of 605 Evanston Service Terms and Conditions. Revised January 21, 2014 17.2. This Agreement and the rights and duties of the parties will be governed and interpreted in accordance with the laws of the State in which the Services are performed. 17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. 17.4. Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party’s reasonable control, such as strikes, material shortages, or acts of God. 17.5. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement. 17.6. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a “Separated Business”), whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a “Separation Event”), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event. 17.7. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE IF, AND ONLY IF, CUSTOMER SO ELECTS IN WRITING NO LESS THAN THIRTY (30) DAYS PRIOR TO THE ANNIVERSARY DATE. Motorola must inform Customer in writing sixty (60) days before the anniversary date of its current rates of Services for the period after the Agreement’s contract end date (12/31/2014). 17.8. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola’s then effective hourly rates. Revised January 21, 2014 94 of 605 For City Council meeting of January 27, 2014 Item A3.6 Business by Motion; Emergency Repairs to Sherman Garage Elevators For Action To: Honorable Mayor and Members of the City Council From: Martin Lyons, Assistant City Manager/Chief Financial Officer Rickey A. Voss, Revenue/Parking Manager Subject: Emergency Repair of Three (3) Elevators – Sherman Parking Garage Date: January 21, 2014 Recommended Action: Transportation and Parking Committee and staff recommend the approval of emergency repairs of three (3) elevators at the Sherman Plaza Garage in the not-to-exceed amount of $108,923.49 by ThyssenKrupp Elevator Americas, 355 Eisenhower Lane South, Lombard, IL 60648. Funding Source: Funding will be provided by the Parking Fund (700506.65515) in the amount of $108,923.49. Summary: On January 9, 2014 at approximately 8:00 p.m. a full fire alarm was activated at the Sherman Plaza Parking Garage, 821 Davis Street. It was determined that the source of the alarm was that water became trapped in a fire suppression pipe located in the elevator pit area. Due to the extreme temperatures the water froze causing two (2) sprinkler heads to burst. The failed sprinkler heads triggered the fire pump to activate, which pumped water into the elevator pit area. The elevator pit was flooded with about 2 to 3 feet of water. Elevator controls were damaged along with three (3) fire alarm devices. Simplex Grinnell replaced all three of the sprinkler heads in the pit area. The dry valve system was drained of water and the fire alarm panel for the garage was restored to normal operating function. Technicians from ThyssenKrupp were able to restore minimum service to one (1) of the elevators late Friday afternoon on January 10, 2014 and completed an analysis of the parts and repairs necessary to restore operations for all three (3) elevators. The repairs were temporary and all three (3) elevators needed extensive repairs due to the water damage. Elevator technicians completed the temporary repair work on Friday January 10, 2014 and conducted an inventory of failed parts to be ordered and machined. The following provides a detailed list of parts and labor costs: Memorandum 95 of 605 Repair Description Per Unit Cost Total Cost Replace 6 Limit Switches Materials: $2,071.03 Labor: $346.77 Materials: $1,040.31 Labor: $5,172.79 Total: $6,213.10 Replace 2 Pit Switches Materials: $225.84 Labor: $215.33 Materials: $451.68 Labor: $430.66 Total: $882.34 Replace 3 Fuses Materials: $18.33 Materials: $55.00 Total: $55.00 Rewire 3 Buffer Switches Materials: $114.84 Labor: $1,693.01 Materials: $344.52 Labor: $5,079.04 Total: $5,423.56 Remove, Clean and Repair Governor Tension Sheaves Materials: $1.651.00 Labor: $2,582.44 Materials: $4,953.00 Labor: $7,747.31 Total: $12,700.31 Replace Governor Tension Sheave Bearings Materials: $319.12 Labor: $1,788.38 Materials: $957.36 Labor: $5,365.13 Total: $6,322.49 Replace Governor Ropes Materials: $2,784.37 Materials: $2,784.37 Total: $8,353.10 Repair & Flush Counterweight Pit Buffers Materials: $1,789.00 Labor: $2,751.19 Materials: 5,367.00 Labor: $8,253.56 Total: $13,620.56 Repair & Flush Car Pit Buffers Materials: $1,789.00 Labor: $2,751.19 Materials: $5,367.00 Labor: $8,253.56 Total: $13,620.56 Replace 3 Travelers per Car Materials: $4,848.00 Labor: $9,062.82 Materials: $14,544.00 Labor: $27,188.47 Total: $41,732.47 Total Total: $108,923.49 Because only one of three elevators could be made functional, Staff proceeded with the authorization of these emergency repairs beginning Monday January 20, 2014. We will provide an update of repair work at the Council meeting on January 27, 2014. 96 of 605 97 of 605 98 of 605 99 of 605 100 of 605 101 of 605 102 of 605 For City Council meeting of January 27, 2014 Item A3.7 Business of the City by Motion: Single Source Asphalt Patcher Repair For Action To: Honorable Mayor and Members of City Council Administration and Public Works Committee From: Suzette Robinson, Director of Public Works Lonnie Jeschke, CPFP Manager, Fleet Services Subject: Single Source 6-Ton Truck Mounted Hot Asphalt Patcher Repair Date: January 10, 2014 Recommended Action: Staff recommends pre-approval of expenses associated with the required repairs of this six (6)-ton truck mounted Hot Asphalt Patcher unit, # 629 in the amount of $22,786.36 from Spaulding Manufacturing Incorporated (5366 East Street, Saginaw, Michigan, 48601). Spaulding is the manufacturer of this equipment. Funding Source: Funding for this service will be provided from the FY 2014 Budget, Fleet Services “Material to Maintain Autos” (7710.65060). This expense totals 2.3% of the budgeted dollars ($950,000.00) for this type of service within this budget account. Summary: This unit is a Spaulding 6-ton truck mount RMV model year 2003. The original purchase price is $49,985.00. The unit is a seasonally utilized unit that has approximately 12,000 hours of service time life-to-date. The unit was inspected by Fleet Staff and both the body and structural supports are in relatively good shape, Therefore, it is recommended for repairs and overhaul of controls, combustion chamber and burner since the core unit should last another 3-5 years versus replacing this entire unit at a present day cost of between $75,000.00 to $80,000.00. Since the City of Evanston must compete with other municipalities, county and state operations in addition to paving repair contractors for Spaulding’s time slots and repair bay openings, it is vital that Council approve this repair expense request so Spaulding Manufacturing can complete the repairs on a timely basis so that this unit will be ready and available for street pot-hole and paving repairs on or around March 1, 2014. Attachments Memorandum 103 of 605 Manufacturer’s Picture of Unit Estimate from Spaulding Manufacturing Incorporated. S:\Council Agenda\Final Agenda\2014\1.27.14\A&PW\A3.7 Hotbox repair\Ashphalt Box Repair - 1-10-14.doc 104 of 605 105 of 605 106 of 605 107 of 605 For City Council meeting of January 27, 2014 Item A3.8 Business of the City by Motion: Emergency Rental of Snow Hauling Equipment 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 Leslie Perez, Business Office Coordinator Subject: Emergency Rental of Snow Hauling Equipment Rental Date: January 21, 2014 Recommended Action: Staff recommends approval of an emergency rental of two (2) semi-trucks and drivers to support snow removal operations from January 3, 2014 through January 8, 2014 from K.L.F. Trucking (2300 W. 167 Street, Markham, IL) for $54,093.75. Funding Source: The City does not budget specifically for rental of emergency hauling equipment. This item will be charged to account 2680.62375 in the Snow and Ice Control Business Unit. Summary: From December 31, 2013 through January 9, 2014, the City of Evanston was hit with several high accumulation snow storms that resulted in 26.5 inches of snow fall during that period. In order to keep staff efforts directed toward snow removal operations, it was necessary to rent two (2) semi-trucks and drivers for the sole purpose of hauling the snow to designated areas for outright removal or snow melting efforts by City staff. Memorandum 108 of 605 For City Council meeting of January 27, 2014 Item A4 Business of the City by Motion: Change Order No. 1 Rock Salt Purchase For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Suzette Robinson, Director of Public Works James Maiworm, Asst. Director of Operations and Maintenance Leslie Perez, Business Office Coordinator Subject: Change Order No. 1 2013 Salt Purchase Date: January 21, 2014 Recommended Action: Staff recommends approval of Change Order No. 1 in the amount of $70,128.19 for the purchase of rock salt from Morton Salt (123 N. Wacker Drive, Chicago, Il) for salt purchased in 2013. Funding Source: Funding will be provided by the Snow and Ice Control Fund account 2680.65015. Summary: In September 2013, City Council approved additional funding in the amount of $134,880 for rock salt to last until year end. Unfortunately due to an early snowfall in November and an active December, staff needed to purchase an additional $70,128.19 to ensure salt supplies were not depleted going into the heaviest snow fall of the season thus far which commenced on December 31, 2013. As a result of this request, the City will have spent a total of $505,008.19 in 2013 for salt. Although this figure represents an increase of $305,008.19 over the 2013 budgeted amount of $200,000, the 2013 surplus in the General Fund is sufficient to cover the additional expense. Staff therefore recommends approval of Change Order No. 1 in the amount of $70,128.19. Attachment: Council Memo September 9, 2013 Memorandum 109 of 605 For City Council meeting of September 9, 2013 Item A3.2 Business of the City by Motion: Salt Contract Extension For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Suzette Robinson, Director of Public Works Jim Maiworm, Asst Director of Public Works, Operations and Maintenance Subject: Rock Salt Purchase Contract Extension Date: September 4, 2013 Recommended Action: Staff recommends City Council approval of a one-year contract extension for the purchase of up to 8,000 tons of rock salt from Morton Salt (123 N. Wacker Drive, Chicago, IL) at a cost of $60.61 per ton for a winter season total of $484,880. Funding Source: Although the General Fund Snow and Ice Control Account 2680.65015 is already $113,338 over budget from last winter’s salt purchases (Year-to-date expense of $313,338 and 2013 Budget of $200,000) the total General Fund Budget is projected to end the year with a surplus balance (see 2nd quarter 2013 Financial Report). As such staff recommends funding for this purchase will be from the General Fund Snow and Ice Control Account 2680.65015. Funding will be split between FY 2013 ($134,880) and FY 2014 ($350,000). Background: In April 2011, staff solicited bids for the purchase of rock salt. The proposed contract was for a one-year period, with the right to negotiate to extend the contract for up to four, one-year periods. This contract award will represents year two of the four additional optional renewal periods. Morton Salt was the successful bidder with the lowest price bid of $59.07 per ton in 2011. The bid specification includes a flexible quantity requirement that allows the City to either increase or decrease by 30% the quantity of salt purchased. A flexible quantity clause for rock salt is a best industry practice that ensures municipalities can purchase what they need based on the winter season’s weather condition. Last year the City purchased 4,900 tons of salt, the minimum amount required by contract. Memorandum 110 of 605 Summary: For the 2013/2014 season, Morton Salt is holding the previous year’s price of $60.61per ton. Please see the following table for comparisons: Community Salt cost per ton Arlington Heights $63.13 Palatine $64.29 Each subsequent year, staff will negotiate with Morton Salt to establish the purchase price based on market conditions and other competitive bid pricing in the area. Based on the previous year’s price of $60.61 per ton and the price paid by various municipalities in the area, staff believes that Morton Salt’s bid price of $60.61 is competitive. Staff therefore recommends approval of the contract extension to Morton Salt, Inc. for one year for the 2013/2014 winter season. Page 2 of 2 111 of 605 For City Council meeting of January 27, 2014 Item A5 Resolution 4-R-14: Utility and Wheel Tax donation Program For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Wally Bobkiewicz, City Manager Subject: Resolution 4-R-14, Utility and Wheel Tax Donation Policy Date: January 17, 2014 Recommended Action: Staff recommends that City Council approve Resolution 4-R-14, Utility and Wheel Tax Donation Policy, which permits the City of Evanston to solicit donations from individuals, community groups and businesses via Utility Bills and Wheel Tax Applications to fund designated City of Evanston charitable entities only. The resolution establishes a formal set of guidelines regarding the solicitation of charitable contributions through City bills. Individuals, community groups and businesses will have the opportunity to make a donation to City of Evanston entities by selecting from three predetermined donation amounts or writing in their own amount. Per Rules Committee recommendations on November 4, 2013, those who elect to pay Utility Bills or Wheel Tax applications via eBilling will receive an email with a link to a Donations form. All donations collected will be identified and reconciled to their proper accounts by the Accounting Division of the Department of Administrative Services. If approved, the implementation of the donation policy may begin as early as March 2014, with a suggestion of no more than three donation requests a year (2 Utility Bills and 1 Wheel Tax Application Season). The City Manager or his/her designee with the permission and approval of the City Council will have the responsibility for implementation and oversight of this policy. Staff has provided the City Council with a 2014 Donations Schedule for approval. 2014 Donations Solicitation Schedule March: Mayor’s Summer Youth Employment Program Utility Bill July: Evanston Trees Utility Bill November: Police & Fire Foundation Wheel Tax Application Memorandum 112 of 605 Attachments: Resolution 4-R-14 Utility and Wheel Tax Donation Program Utility Bill Redesign Page 2 of 2 113 of 605 1/15/2014 4-R-14 A RESOLUTION Authorizing the Creation of a Utility and Wheel Tax Donation Program for City of Evanston Charitable Entities WHEREAS, the City of Evanston, Illinois (the “City”) has historically supported various City of Evanston Charitable Entities (the “Charitable Entities”), and WHEREAS, the City of Evanston wishes to facilitate donations from individuals, community groups, and businesses that desire to make donations to certain Charitable Entities; and WHEREAS, in order to facilitate such donations, the City of Evanston directed City Staff to establish a program whereby users of the City’s water utilit y bills and wheel tax applications may make donations associated with the payment of their water utility bill and/or wheel tax application; and WHEREAS, on January 27, 2014, the City of Evanston approved the City of Evanston Utility and Wheel Tax Donations Program (the “Program”) in order to establish such program that will secure funding to Charitable Entities via City of Evanston utility bills and wheel tax applications; and WHEREAS, it is an acceptable and appropriate practice to accept donations, in order to enhance City programs and/or facilities to provide a higher level of service to the public; and 114 of 605 4-R-14 2 WHEREAS, the City Council has determined that the adoption of the Program as provided in this Resolution would be in the best interests of the City and its residents, NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: That the City Council hereby adopts the Program attached as Exhibit A. SECTION 2: That the City Manager is hereby authorized and directed to implement the Program. SECTION 3: That this Resolution 4-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 115 of 605 4-R-14 3 EXHIBIT A CITY OF EVANSTON UTILITY DONATIONS POLICY 116 of 605 1 EXHIBIT A Resolution 4-R-14 Utility and Wheel Tax Donation Program 1.0 Purpose: The City of Evanston wishes to facilitate funding from individuals, community groups and business that desire to make a donation to specific City of Evanston Charitable Entities (“Charitable Entities”). The Utility and Wheel Tax Donation Program (the “Program”) provides a procedure under which the securing of funds for certain Charitable Entities will be implemented via water utility bills and wheel tax applications. Such funding will occur at the time of bill and application payment as discussed below. The City Council shall determine which City of Evanston Charitable Entities will receive funding from this Program. Contributions from the Program will be accepted three times during the year. 2.0 Authority The City of Evanston City Council is the governing entity approving Resolution 4-R-14. 3.0 Application This Program is applicable to any individual, community group, and business who wish to donate funds under the Program. Individuals have the option to make a donation during each given donation collection period; there is no requirement for an individual to make any donation under this Program. Additionally, any and all City of Evanston employees who will be assisting in carrying out the Program will be required to comply under the provisions set forth under this Program. 4.0 Responsibility The City Manager, along with his or her designee, will be the responsible parties that will ensure correct implementation and execution of this policy. 5.0 Policy a. Donations provided under this Program must have a purpose consistent with City goals and objectives; b. This Program will allow the City of Evanston to facilitate donations made by users of the City’s water utility bills and wheel tax applications in association with their payment of their water utility bill and/or wheel tax application; c. The Program will accept donations from any citizen, organization or business via the procedure detailed below in Section 6.0; 117 of 605 2 d. The Program will allow donors to donate either a suggested donation or a donation amount of the donor’s choosing; e. Donations will be accepted by the City during three collection months of the year: March, July, and November; f. Prior to the first donation period of the year, the City Manager will determine whether the City of Evanston utility bill and/or wheel tax application will be the donation collection source for each collection month; g. Prior to the first donation period of the year, City Council will determine the City of Evanston Charitable Entities to be the recipients of the collected donations from each specific collection month; h. Donors will be informed as to the Charitable Entity to receive the donations for each collection month; i. The City of Evanston will ensure that each donation will be distributed to the appropriately designated Charitable Entity as disclosed on the utility bill/wheel tax application; j. The City of Evanston strictly prohibits any person or entity from the unauthorized collection of funds on behalf of the City or any of its departments, projects, programs or services unless prior approval has been obtained by the collecting agency or person; k. Any donations will not be in conflict with any provision of the law. 6.0 Procedure DONATION PERIODS Donations will be collected three times during the year during the months of March, July and November. DONATION METHODS The processing of donations will be facilitated by the City Managers designee, which in most cases will be the City of Evanston Revenue Division of the Department of Administrative Services. Donations by mail, phone or in person Donations made via phone, mail or in person will be identified by the City of Evanston Collecting Bank (the “Bank”) as exceptions (recognized overpayments) and subsequently flagged for the Evanston Collector’s Office to reconcile monies to the proper funds on a manual basis. Donations made online Those who elect to pay Utility Bills or Wheel Tax bills via eBilling will receive an email with a link to a Donations form. The resident can then donate to the identified Evanston Entity. All donations collected will be identified and reconciled to their proper accounts by the Accounting Division of the Department of Administrative Services. 118 of 605 3 DONATION RECIPIENTS The City Council will annually determine who the recipients of the three donation periods will be. For the first year, donations will be distributed under the following 2014 Donations Program Schedule: 2014 Donations Solicitations Schedule: (1) The Mayor’s Summer Youth Employment Program will collect donations received from the March 2014 donation period; (2) Evanston Trees will collect donations received from the July 2014 donation period; and (3) The Police & Fire Foundation will collect donations received from the November 2014 donation period. 119 of 605 City of Evanston Utilities Department P.O. Box 4007 Carol Stream, IL 60197-4007 Name Account Number Service Address TOTAL AMOUNT PAST DUE TOTAL AMOUNT PAST DUE AMOUNT ENCLOSED Billing Date Name Service Address A. Smith 00000000-00 1234 Street, Evanston AFTER 10/01/2013 $00.00 AFTER 10/01/2013 $00.00 07/05/2013 A. Smith 1234 Street, Evanston Account Number 00000000-00 ********************SCH 5-DIGIT 60201 A. Smith 1234 Street Evanston, IL 60201 4 2 (0001486) 26-108-03 ✂ Detach here and Return bottom portion with your payment. Please do not fold or staple Previous Balance $00.00 Payment 00/00/2013 $00.00 CR Balance Forward $0.00 Minimum Water Service Fee $0.00 Water Usage Over Minimum Fee @ $1.75/unit $00.00 Total Water Charges $00.00 Minimum Sewer Charge $00.00 Sewer Charge over Minimum @$3.94/unit $00.00 Total Sewer Charge $00.00 Sanitation Service Charge Fee $00.00 Meter Information Meter Number 0000000000 Current Reading 0000 Previous Reading 0000 Usage: 100 Cubic Ft. 0,000 Gallons 0 0 Billingn Period Current Reading Date: 00/00/2013 Previous Reading Date: 00/00/2013 Type of Reading Actual Average Usage: 000 gallons per day over 59 days. Amount Due by 00/00/2013 $00.00 Amount Due after 00/00/2013 $00.00 Current Charges $0.00 Water Usage History 22.5 – 20.0 – 17.5 – 15.0 – 12.5 – 10.0 – 7.5 – 5.0 – 2.5 – 0.0 – – May 12 – May 12 – May 12 – May 12 – May 12 – May 12 – May 12 – May 12 – May 12 – May 12 – May 12 – May 12 – May 12The City of Evanston’s water treatment plant is located on the shores of Lake Michigan, one of the world’s most valuable sources of fresh surface water. The treatment facility has the capacity to supply up to 108 million gallons per day of pure drinking water. 108 million gallons per day of pure drinking water Pay your water bill online at: cityofevanston.org/ebill Yes, I’d like to donate to the Evanston Police and Fire Foundation Please add the tax deductable donation amount to the total of your bill and include in your payment. Thank you for your donation. $10 $15 $20 other 00000000000000000000120 of 605 Ways to pay your bill: Mail:In Person:Online: Online: cityofevanston.org/ebill Mail: City of Evanston Utilities Dept. PO Box 4007 Carol Stream, IL 60197-4007 In Person: Morton Civic Center 2100 N. Ridge Avenue Evanston Phone: 877.225.7357 City of Evanston Utilities Department PO Box 4007 Carol Stream, IL 60197-4007 Morton Civic Center City Collector’s Office 1st Floor or 24-hr drop box 2100 N. Ridge Avenue Evanston, IL 60201 cityofevanston.org/ebill Faucet 15.7% Leaks 13.7% Other 5.3% Do you know your indoor water usage? Toilet 26.7% Clothes Washer 21.7% Shower 16.8% Water Rate: Minimum charge every two months (effective 1/1/12) based upon water meter size as follows: (includes first 500 cublic feet) 5/8” & 3/4” 1” 1 1/2” 2” 3” 4” 6” 8” $6.24 $12.47 $23.33 $36.73 $64.68 $103.61 $182.72 $309.31 Sewer Rate: Minimum sewer charge every two months $19.70 includes first five hundred cubic feet (500 cu.ft.) of water usage. $3.94 per 100 cubic feet of water usage Tax exempt properties: $4.53 per 100 cubic feet in excess of 10,000 cu. ft. of water consumed in a billing cycle. Sanitation Service Charge Fee: $14.95 per month per housing unit (95 gal cart) $7.95 per month per housing unit (65 gal cart) $7.95 per month per housing unit (each additional cart) Water, Sewer, and Sanitation Billing Schedule: Water Usage & Sanitation Services Billing Month Due Date Month November and December January February January & February March April March & April May June May & June July August July & August September October September & October November December Bills are mailed and/or emailed during the first week of the billing month and are due early the first week of the following month. Questions, updates or moving: 311 or 847.448.4311 Water Emergency: 847.475.6880 (After hours, weekends & holidays) Pay your bill Source: ✂ Detach here and Return bottom portion with your payment. Please do not fold or staple 121 of 605 For City Council meeting of January 27, 2014 Item A6 Resolution 6-R-14: Complete & Green Network Approach in Construction Projects For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Suzette Robinson, Director of Public Works Catherine Hurley, Sustainable Programs Coordinator Members of the City of Evanston Environment Board Subject: Resolution 6-R-14 to Provide for the Consideration of Complete and Green Network Approach in Construction Projects within the Public Right-of-W ay and Public Spaces Date: January 17, 2014 Recommended Action: Staff recommends City Council approval of Resolution 6-R-14 to provide for the consideration of complete and green network approach in construction projects within the public right-of-way and public spaces. Summary: On September 23, 2013 staff and the Evanston Environment Board presented the Administration and Public Works Committee with information regarding the development of Complete and Green Streets policy for the City of Evanston. Following a brief presentation and discussion, the Administration and Public Works Committee directed staff and the Evanston Environment Board to draft a proposed policy and present it to the Committee for consideration. The attached Complete and Green Streets Resolution provides guidelines for roadway and other improvement projects that address the livability and environmental needs of the community. Under the resolution, City Staff will design streets, right of way and park improvements with consideration of users of all ages and abilities who use a variety of modes of transportation including motorists, bicyclists, pedestrians, and transit users. In addition, staff will seek out green infrastructure opportunities such as permeable concrete and native vegetation in the management of storm water runoff. Staff and members of the Evanston Environment Board developed Resolution 6-R-14 to serve as a Complete and Green Streets guideline for the City of Evanston. Because the Evanston Public Works Department oversees the design, construction and Memorandum 122 of 605 maintenance of all public right-of-way projects, Resolution 6-R-14 is expanded from the typical Complete and Green Streets policy to be applicable for all projects involving the right-of-way and public spaces within the City of Evanston. Evanston’s proposed policy is referred to as the “Complete and Green Network Approach”. Evanston’s Complete and Green Network Approach calls for decisions regarding the public right-of-way to promote comfortable and effective use by pedestrians, bicyclists, public transit, and motor vehicles and to take into account the surrounding community context and land uses. Under Resolution 6-R-14, the City of Evanston will implement public works projects with the goal of creating an integrated and connected transportation network that meets the needs of all users. Staff recommends City Council approval of Resolution 6-R-14 to provide for the consideration of complete and green network approach in construction projects within the public right-of-way and public spaces. Attachments: Resolution 6-R-14 123 of 605 1/7/2014 6-R-14 A RESOLUTION To Provide for the Consideration of Complete and Green Network Approach in Construction Projects within the Public Right-of-Way and Public Spaces WHEREAS, the City of Evanston seeks to address the livability and environmental needs of our community with comfortable corridors that focus on various users including pedestrians, cyclists, and public transportation riders, which is commonly referred to as the “Complete Streets” concept; and WHEREAS, increased walking and bicycling offers the potential for cleaner air, greater health of the population, reduced traffic congestion, less reliance on fossil fuels, more efficient use of right-of-way space, and assist in the management of stormwater runoff and encourage permeable surfaces, which are more commonly referred to as the “Green Streets” concept s; and WHEREAS, the City seeks to institute a combined Complete Streets and Green Streets principles into an integrated approach for projects involving the rights-of- way and public spaces in various phases of work from the planning, design and/or construction for each applicable project within the City of Evanston (the “Complete and Green Network”), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: 124 of 605 6-R-14 ~2~ SECTION 1: The foregoing recitals are incorporated herein by reference as though fully restated. SECTION 2: The City endorses and supports the Complete and Green Network approach for appropriate public works right-of-way and public space projects. SECTION 3: The City will follow a Complete and Green Network approach which has the following elements: (A) Definitions. For the purpose of this section, the following definitions shall have the following meanings: PROJECT The construction, reconstruction, retrofit, alteration, or repair of any public way, including the work related to planning, design, approval, and implementation processes, improved timing of traffic control signals, new or improved signage, pavement markings, re -configuration of travel lanes and any permanent infrastructure that promotes the pedestrian, bicycle and/or transit environment in harmony with safe and efficient motor vehicle travel. Projects do not include minor or routine upkeep on the public way such as sweep ing, mowing, spot repair, or interim measures on detour routes. USER People of all ages and abilities that use corridors, including pedestrians, bicyclists, motor vehicle drivers, public transportation riders and drivers. (B) Purpose. The City of Evanston will implement in all phases of public works Projects an integrated and connected transportation network to encourage increased use of alternative modes of transportation other than a vehicle, and consider all Users of the right-of-way and public space for Projects. (C) Policy. Decisions regarding the public right-of-way shall promote comfortable and effective use by pedestrians, bicyclists, public transit, and motor vehicles, taking into account the surrounding community context and land uses. The principles guiding these decisions shall be known as “Complete and Green Network”. The Complete and Green Network can be achieved through a linkage of level improvements, integration into single location Projects, or incrementally, though a series of small improvements or maintenance activities. (D) Guidelines. 1. The Public Works Department and other appropriate City personnel will take into account Complete and Green Network practices in decisions 125 of 605 6-R-14 ~3~ regarding the use of limited public right-of-way and public spaces, with consideration given to context and land use. 2. Future right-of-way and public space Projects will be used as opportunities to improve safety, access, and mobility for users of the public way and to further integrate bicycle, pedestrian, and transit modes into the transportation network. 3. The Public Works Department and other appropriate City personnel will consider Complete and Green Network as one of the City’s priorities in right-of-way and public space planning and funding decisions. (E) Exceptions. This policy shall not apply if the Director of Public Works makes a written finding that one or more of the following conditions apply: 1. Financial Hardship to the project sponsor. Financial hardship exists when compliance with Complete and Green Network guidelines constitutes a minimum of twenty (20) percent of the total project cost, but in no event more than one million dollars; and 2. Existing structures do not allow for implementation of Complete and Green Network elements. 3. The scope of the relevant Project is limited to maintenance activities intended to keep the right-of-way and public spaces in serviceable condition. 4. There is sufficient documentation that there is no feasible way to accommodate improvements for non-vehicular traffic within a Project’s scope. 5. Implementation would cause a neighborhood hardship. Neighborhood hardship means a particular difficulty is created for the neighborhood residents; examples include a significant reduction of on-street parking or diminish property values within the neighborhood. (E) Reporting . The Director of Public Works may provide an annual progress report to City Council on the implementation of the Complete and Green Network policy to new and/or continuing Projects and other related improvements to ensure consistency with this title. SECTION 4: Nothing in this Resolution 6-R-14 shall be construed or held to abrogate or limit the City’s immunities under the Illinois Tort Immunity Act, 745 ILCS 10/1 et seq. SECTION 5: That this Resolution 6-R-14 shall be in full force and effect from and after its passage and approval in the manner provided by law. 126 of 605 6-R-14 ~4~ _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Adopted: __________________, 2014 127 of 605 For City Council meeting of January 27, 2014 Item 7 Resolution 7-R-14: Safe Routes to School Grant Application For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Suzette Robinson, Director of Public Works Homayoon Pirooz, P.E., Assistant Director, Infrastructure & Engineering Rajeev Dahal, Senior Project Manager, Traffic Subject: Resolution 7-R-14: 2014 Safe Routes to School Grant Application Date: January 7, 2014 Recommended Action: Staff recommends City Council approval of resolution 7-R-14 authorizing the submittal of a grant application to the Illinois Department of Transportation (IDOT), for the 2014 Safe Route to School (SRTS) program. An approved grant will pay for 80% of the cost for the installation of 20 Electronic Vehicle Speed Feedback signs as shown on the attached location map. Funding Source: The total project cost is estimated at $110,000 of which 80% or $88,000 will be paid for by the grant if approved, and the remaining 20% or $22,000 will be our local share. The local portion of the project cost will be financed from the 2014 CIP Pedestrian “Safety- Pavement Markings-Street Lights Fund” which has a budgeted amount of $150,000. Background: The Electronic Vehicle Speed Feedback (EVSF) signs are effective tools for showing the automobile drivers the speeds that they are driving at any given time, and assist them to better comply with the posted speed limits. The proposed locations are recommended based on designated school crossing locations and/or traffic citations. We have installed similar radar signs throughout the City on temporary basis with success. If approved, the new signs will provide the opportunity for the installation of the new signs to calm the traffic near the locations where school children walk. The SRTS Program is federally funded and administered by the Illinois Department of Transportation (IDOT). Local agencies may apply for the grant to pay for up to 80% of the project cost. At an estimated cost of $5,500 per EVSF sign, $110,000 will pay for 20 signs. Attachments: Resolution 7-R-14 Location Map Memorandum 128 of 605 1/9/2014 7-R-14 A RESOLUTION A Resolution in Support of the City of Evanston and School District 65 Safe Routes to School Program WHEREAS, the City of Evanston and the Evanston/Skokie School District 65 in the interest to promote safe and healthy walk routes to schools, have partnered to complete a School District wide School Travel Plan; and WHEREAS, the parties hereto are desirous to implement infrastructure improvements and conduct educational, encouragement, enforcement and evaluation programs for the health benefit of school children; improve safety, and lessen traffic congestion; and WHEREAS, the City Council of the City of Evanston is pleased to support the Safe Routes to School program and is committed to provide necessary support; and WHEREAS, the City of Evanston wishes to avail themselves of funds from the Illinois Safe Routes to School Program for the purpose of safety improvements to install vehicle speed flashback signs on major street locations which school students need to walk across; and WHEREAS, the City of Evanston has available the funds to finance the improvements until reimbursed by the Illinois Safe Routes to School Program, and the financial capability to maintain and manage the completed project in a safe and attractive manner for the public use. 129 of 605 7-R-14 ~2~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The City of Evanston applies for assistance from the Illinois Safe Routes to School Program for the purpose of installing vehicle speed feedback signs on major street locations which school students need to walk across. SECTION 2: That this Resolution 7-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 130 of 605 LINCOLN RIDGEFORESTBURNHAM SIM PSON P R A I R I E NOYES CHURCH DODGEASBURYSHE RIDANHOWARDGROSSPOINTCENTRALPARKGLENVIEW OAKTON G R E E N B A YELGIN M AIN SOUTHCRAWFORDCENTRAL DE MP STE R EM ERS ON CALLANSHERIDAN GRANT ISABELLA CHI CAGOISABELLA NOYES MCCORMICKDAVISMCDANIELMCDANIEL FORESTCENTRAL RIDGEChuteMiddleSchool DawesSchool DeweySchool HavenMiddleSchool Kingsley School M. L. King Jr.ExperimentalLaboratory LincolnSchool LincolnwoodSchool NicholsMiddleSchool OaktonSchool OrringtonSchool ParkSchool WashingtonSchool WillardSchool PopeJohn XXIIISchool Roycemore School St. AthanasiusSchool Direction of Travel µ Proposed Speed Feedback Sign Locations City of Evanston Public Works Department 1,000 Feet 131 of 605 For City Council meeting of January 27, 2014 Item A8 Ordinance 1-O-14: Revisions to City Code, Title 9 For Introduction To: Honorable Mayor and Members of the City Council Members of the Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Ordinance 1-O-14, Proposed Amendments and Revisions to Title 9, Chapter 5 “General Offenses” as “Offenses Against Public Officers” and as Title 9, Chapter 16 “Panhandling and Soliciting” Date: January 2, 2014 Recommended Action: Staff submits for review and consideration adoption of Ordinance 1-O-14 provisionally amending Title 9 to the Evanston City Code. Title 9, Chapter 5: General Offenses (amendments, revisions and deletions) Title 9, Chapter 1, Section 13: Offenses Against Public Officers (moved from 9-5-18) Title 9, Chapter 16: Panhandling and Soliciting (no changes or edits being made, just being moved from 9-5-25) Summary: The entire City Code (except for Title 6) was amended in 2012. However, upon a further, more detailed review by the Law Department, it is apparent that Title 9, Chapter 5 requires more revisions. The conceptual approach was to clarify language, make it more reader friendly, and sequence the general offenses in such a way as to improve understanding and enforcement. General Changes Modernizing the Code included removing repetitious, archaic, and sometimes contradictory language by rewording and eliminating duplicative provisions. Other stylistic and wording changes were made to clarify text. Lastly, re-numbering certain Chapters and Sections was necessary where we removed references to previously deleted/repealed Code provisions. These non-substantive changes are obvious and will not be summarized in further detail in this report. Where time limits are set forth, we converted those text areas to text boxes to make it easier to read. Memorandum 132 of 605 Proposed Substantive Changes Title 9, Chapter 5: General Offenses Over the past 4 years, the Law Department heard from dozens of residents regarding the Code language on noise. These proposed revisions are intended to address some of these concerns and requests for revision. The regulations on noise and defining what constitutes a noise violation were completely reworked in revised Section 9-5-1. First, the revisions propose to significantly strengthen enforcement by adding the following language: It shall be unlawful for any person within the City to make, continue or cause to be made or continued, permit or allow any loud, unnecessary or unusual noise which either annoys, disturbs, injuries injures or endangers the comfort, repose, convenience, health, peace or safety of others, within the limits of the City. This Section shall not be construed to prevent the enforcement of other applicable ordinances, codes, legislation, or regulations which prescribe standards other than are provided herein. In case of a conflict, the provision containing the most restrictive limit applies. The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this Section, however, this shall not be construed to exclude other noises violating this Section. This enumeration shall not be deemed to be exclusive, namely: Subsection (G) is of the most relevance to residents, and the proposed language improves the understanding of when a loud noise violates the Code. We set forth the proposed new language in its entirety: Radios, Audiovisual and Musical Instruments and Devices: Phonographs: 1. Restrictions: The playing, using, operating or permitting to be played, used or operated, at any time, any radio, musical instrument, television, smart phone, computer, tablet or other machine or device for the producing or reproducing of sound that disturbs the peace, quiet and comfort of the neighboring inhabitants. Standards to be considered in determining whether a violation of this Subsection exists shall include considering the volume of the noise, the intensity of the noise, whether the nature of the noise is usual or unusual, the time of day or night the noise occurs, and the nature and zoning of the area within which the noise occurs. The occupant of the property, room, outdoor area or residential unit, or the agent of the occupant, may be presumed to have permitted the noise or activity to occur. The operation or use of any radio, musical instrument, television, smart phone, computer, tablet or other machine or device between the hours of: 133 of 605 Sunday evening through Friday morning 10:00 P.M. and 7:00 A.M. Friday evening through Sunday morning and on those evenings preceding national holidays and legal school holidays enumerated in 105 ILCS 5/24-2 11:00 P.M. and 7:00 A.M. that is audible at a distance of twenty five feet (25') from the location of such radio, musical instrument, television, smart phone, computer, tablet or other machine or device shall be prima facie evidence of a violation of this Subsection. Prima facie violations of this Subsection may be rebutted only upon clear and convincing evidence. Sections were resequenced to categorize and apply to 2 main groups of offenses: “Quality of life”: 9-5-2 Disturbing the Peace Staff proposes new language responsive to Aldermanic requests, which address issues regarding excessive noise and disturbances in “party” situations affecting the neighborhood as a whole 9-5-3 Disorderly Conduct 9-5-4 Nuisance Premises 9-5-5 Alcoholic Beverages (the open alcohol violations) 9-5-6 Alcohol; Under 21 For this Section, staff proposes the deletion of the “presence restriction” regarding passive presence by persons under 19 in locations where alcohol is being consumed. The current “presence restriction” language is confusing and contradicts Section 3-4-13 of the Code which is the City’s Social Host ordinance that prohibits a parent/guardian/adult occupant to permit under-18 alcohol consumption. Violations of 3-4-13 can be adjudicated in the Administrative Adjudication Division and are subject to fines between $500.00 to $1,000.00 for an offense. Offenses charged to violators between 19-21 can be adjudicated in the Second District pursuant to 735 ILCS 5/6-16. All drinking and consumption of alcohol by persons under 21 continues to be prohibited, and violations can be prosecuted in the Administrative Adjudication Division. 9-5-7 Public Nudity 9-5-8 Criminal Damage 9-5-9 Trespass 9-5-10 Reckless Conduct 9-5-11 Assault and Battery “Miscellaneous”: 9-5-12 Motorboats 134 of 605 9-5-13 Obstructing Intersections 9-5-14 Disturbing Religious Worship 9-5-15 Publications Inciting Riots 9-5-16 Abandoned Refrigerators 9-5-17 Objects on Windowsills 9-5-18 Spray Paint 9-5-19 Gambling (A few subsections (Frequenting Gambling Establishments, Gambling Devices, etc.) were deleted) 9-5-20 Burglar Tools In Title 9, Chapter 5, Section 8 – “Criminal Damage”, and in Title 9, Chapter 5, Section 19 – “Gambling” the fines were increased to $500. The entire revised section on gambling was intended to significantly reduce outmoded or confusing language. In addition Sections regarding “Model Airplanes”, “Spitting on Sidewalks”, “Theft of Communications Services…” were deleted. Model Airplane regulations are technologically outmoded, and Resolution 27-R-13 adopted in early 2013 to place a moratorium on unregulated drones, expressly permits the use of hobby aircraft. Theft of Communication Services is not necessary as franchisees in the City can deal with these issues. Staff proposes deletion of the offense for Spitting on Sidewalks. Title 9, Chapter 1, Section 13: Offenses Against Public Officers Title 9, Chapter 5, Section 18 was renamed and moved to Title 9, Chapter 1, Section 13 “Offenses Against Public Officers.” This was done so that it could be included with the other Police Department code sections. Title 9, Chapter 16: Panhandling & Solicitation Title 9, Chapter 5, Section 25 – “Panhandling and Soliciting” was renamed and moved Title 9, Chapter 16 (which is currently a reserved, empty Code section). The text from this section was revised in early 2013 regarding solicitation regulations, and no new substantive changes are proposed in this revision. ------------------------------------------------------------------------------------- Attachment: Ordinance 1-O-14 135 of 605 12/12/13 11/13/13 1-O-14 AN ORDINANCE Amending and Revising City Code Title 9, Chapter 5, “General Offenses” and Renumbering Certain Sections as Title 9, Chapter 1, Section 13 “Offenses Against Public Officers” and as Title 9, Chapter 16 “Panhandling and Soliciting” WHEREAS, the City Evanston may regulate against nuisances and public offenses under the Illinois Municipal Code, and as a home rule entity, legislate to protect the health, welfare and safety of its residents; and WHEREAS, Article VII, Section (6)a of the Illinois Constitution of 1970, which states that the “powers and functions of home rule units shall be construed liberally,” was written “with the intention that home rule units be given the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164); and WHEREAS, pursuant to 65 ILCS 5/1-2-1, the City may make all rules and regulations to carry into effect the powers granted to the City, such broad and general grant of authority complementing the City’s home rule powers; and WHEREAS, pursuant to 65 ILCS 5/11-5-10, the City is granted specific authority to regulate sound devices; and WHEREAS, excessive noise endangers physical and emotional health and well- being, interferes with legitimate business and recreational activities, creates public nuisances, and in other respects reduces the quality of our environment; and 136 of 605 2 WHEREAS, at meetings held in compliance with the provisions of the Illinois Open Meetings Act (5 ILCS 120/1 et seq.), the City Council considered this Ordinance, heard public comment, made findings; and WHEREAS, it is well-settled law in Illinois that the legislative judgment of the City Council must be considered presumptively valid (see Glenview State Bank v. Village of Deerfield, 213 Ill.App.3d 747) and is not subject to courtroom fact-finding (see National Paint & Coating Ass’n v. City of Chicago, 45 F.3d 1124), WHEREAS, these revisions to the General Offenses Chapter in the City Code are intended to clarify language, ensure easier enforcement, and reflect current technologies; NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS THAT: SECTION 1: Title 9, Chapter 5, of the Evanston City Code of 2012, as amended, is hereby further amended and revised to read as follows: 9-5-1 9-5-20. NOISES PROHIBITED NOISE. It shall be unlawful for any person within the City to make, continue or cause to be made or continued, permit or allow any loud, unnecessary or unusual noise which either annoys, disturbs, injuries injures or endangers the comfort, repose, convenience, health, peace or safety of others, within the limits of the City. Noises in violation of this Section are public nuisances. This Section shall not be construed to prevent the enforcement of other applicable ordinances, codes, legislation, or regulations which prescribe standards other than are provided herein. In case of a conflict, the provision containing the most restrictive limit applies. The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this Section, however, this shall not be construed to exclude other noises violating this Section. This enumeration shall not be deemed to be exclusive, namely: (A) Vehicles and Vehicular Noise: 137 of 605 3 1. Engine Exhausts: The discharge into the open air within the City of the exhaust of any steam engine, gasoline engine, stationary internal combustion engine, or other kind or type of engine, motorboat, or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. 2. Defect In Vehicle Or Load: The use within the City of any wagon, cart, automobile, truck, motorcycle, or other vehicle, so out of repair or loaded in such manner or with material of such nature as to create creating loud or and unnecessary grating, grinding, rattling or other noises. 3. Loading, Unloading; Opening Boxes: The creation within the City of loud and excessive noise in connection with loading or unloading of any vehicle, or the opening or destruction of bales, boxes, crates, or containers, or the like, without exercising reasonable care to limit and confine the such noise and to confine the same. 4. Vehicular Noise: Vehicle Alarms: The use of a continuous, audible signal device which acts as a vehicle burglar alarm, when such device is not limited in operation to four (4) minutes after activation, and is capable of further activation without being reset to become active again. a. 5. Horns, Signaling Devices: The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street or public place of the City, except as a danger warning; the creation by means of any such signaling device of the sound of which creates any unreasonably loud or harsh sound; the sounding of any such device for an unnecessary and unreasonable period of time; the use of any horn, whistle, or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason stopped held up. b. 6. Police Authority To Abate Stop Noise: In addition to the general penalty provided in Section 1-4-1 of this Code, any violation of this Subsection (A) will automatically give the Evanston Police Department the authority to take reasonable measures to abate stop the noise or tow the vehicle. to a City vehicle pound, and impose All towing charges which shall be paid by the registered owner of the vehicle. c. 7. Owner's Responsibility: Owners who violate this Subsection (A) shall assume the risk of any damage which may be caused by efforts of the City to abate stop the noise nuisance. 8. 5. Vehicle Audio Systems: a. No person shall play, use, operate or permit to be played, used or operated, any radio, tape recorder, cassette player, or other device for receiving broadcast or reproducing recorded sound if the device is located in any motor vehicle on a 138 of 605 4 "street", as defined in Section 1-3-2 of this Code, and if the sound generated by the device is audible to a any person, including, but not limited to, a peace officer, with normal hearing at a distance of seventy five feet (75') or greater. This Subsection does not apply to authorized emergency vehicles as defined in Section 9-2-10 of this Title; nor to persons who are producing noise pursuant to a valid permit, as required by this and other sections of this Code, which allows noise production otherwise prohibited by this Subsection. b. Any person found guilty of violating this Subsection (A)5 shall be fined punished by a fine of not less than one hundred dollars three hundred dollars ($100.00 $300.00) nor more than five hundred dollars ($500.00) for the first offense, not less than one hundred fifty dollars ($150.00) nor more than five hundred dollars ($500.00) fined five hundred dollars ($500.00) for a second offense committed within one year of the first offense, and not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00) fined seven hundred and fifty dollars ($750.00) for each subsequent offense. committed within one year of the first offense. (B) Steam Whistles: The blowing within the limits of the City of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work; as a warning of fire, danger, or other emergency, or upon request of proper City authorities. (B) (C) Construction, or Repair Of Buildings: The creation including excavationing, demolition, alteration or repair of any building within the City, other than between the hours of: Weekdays 7:00 A.M. and 79:00 P.M. Saturdays 8:00 A.M. and 5:00 P.M. except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the City Manager or his/her designee which permit may be granted while the emergency continues. If the City Manager or his/her designee, determines that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building, or the excavation of streets and highways between the hours of: Weekdays 79:00 P.M. and 7:00 A.M. Saturdays Before 8:00 A.M. and after 5:00 P.M. and if it shall further be determined that loss or inconvenience would result to any party in interest, said official may grant permission for such work to be done between the hours of: 139 of 605 5 Weekdays 6:00 P.M. and 7:00 A.M. Saturdays, upon request Before 8:00 A.M. and after 5:00 P.M. Sandblasting, jackhammering, or similar noise producing activities are prohibited between the hours of: Weekdays 6:00 P.M. and 7:00 A.M. Friday night to Saturday morning, unless special permission is granted by the City Manager or his/her designee. 6:00 P.M. and 8:00 A.M. Saturday night to Monday morning, unless special permission is granted by the City Manager or his/her designee. 5:00 P.M. and 7:00 A.M. In addition, any other construction noise which exceeds a decibel level of eighty (80) (measured from the property line from which the noise is emanating) is prohibited between the hours of: Weekdays 6:00 P.M. and 7:00 A.M. Friday night to Saturday morning, unless special permission is granted by the City Manager or his/her designee 6:00 P.M. and 8:00 A.M. Saturday night to Monday morning, unless special permission is granted by the City Manager or his/her designee 5:00 P.M. and 7:00 A.M. A business or operation subject to this Subsection shall cooperate with requests by the City to investigate sound levels produced by any work or equipment related to the work. Construction, Repair Of Buildings: The creation (including excavating), demolition, alteration or repair of any building within the City, other than between the hours of seven o'clock (7:00) A.M. and nine o'clock (9:00) P.M. on weekdays, and eight o'clock (8:00) A.M. and five o'clock (5:00) P.M. on Saturdays, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the City Manager or his/her designee which permit may be granted while the emergency continues. If the City Manager or his/her designee, determines that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building, or the excavation of streets and highways between the hours of nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M. on weekdays and before eight o'clock (8:00) A.M. and after five o'clock (5:00) P.M. on Saturdays, and if it shall further be determined that loss or inconvenience would result to any party in interest, said official may grant permission for such work to be done between the hours of nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M. on weekdays, and before eight o'clock (8:00) A.M. and after five o'clock (5:00) P.M. on Saturdays upon request. Sandblasting, jackhammering, or similar noise producing activities are prohibited between six o'clock (6:00) P.M. and seven o'clock (7:00) A.M. weekdays, between six o'clock (6:00) P.M. Friday and eight o'clock (8:00) 140 of 605 6 A.M. Saturday, and between five o'clock (5:00) P.M. Saturday and seven o'clock (7:00) A.M. Monday unless special permission is granted by the City Manager or his/her designee. In addition, any other construction noise which exceeds a decibel level of eighty (80) (measured from the property line from which the noise is emanating) is prohibited between six o'clock (6:00) P.M. and seven o'clock (7:00) A.M. weekdays, between six o'clock (6:00) P.M. Friday and eight o'clock (8:00) A.M. Saturday, and between five o'clock (5:00) P.M. Saturday and seven o'clock (7:00) A.M. Monday unless special permission is granted by the City Manager or his/her designee. (C) (D) Drums; and Hammers; Blowers: 1. Drums: The use within the City of any drum or other instrument or device creating noise for the purpose of toattracting attention, by the creation of noise, to any place of business or entertainment or place of public assembly. 2. Pile Drivers, Hammers: The operation within the City between the hours of seven nine o'clock (79:00) P.M. and seven o'clock (7:00) A.M. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or other appliance., the use of which is attended by loud or unusual noises. (D) 3. Blowers: The operation within the City of any noise creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device to deaden such noise. (E) 4. Leaf Blowers: The use of any backpack mounted or handheld gasoline powered leaf blower type of machine at any time between May 15 and September 30, and between December 15 and March 30 of each year and at other times of the year between the hours of: Weekdays 9:00 P.M. and 7:00 A.M. Weekends 5:00 P.M. and 9:00 A.M. nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M. on weekdays, five o'clock (5:00) P.M. and nine o'clock (9:00) A.M. on Saturdays and Sundays. On Sundays a permit from the City Manager or his/her designee is required for commercial use only. Any person who violates this Subsection (E) (D)4 shall be fined not less than seventy five dollars ($75.00).one hundred dollars ($100.00). (E) Factories, Machinery: The operation within the City of any factory within two hundred feet (200') of any residence wherein is used machinery or other apparatus which cause loud or unusual noises, without exercising reasonable care to limit such noise and to confine the same. (F) Loudspeakers, Amplifiers, Paging Systems: 141 of 605 7 1. Use For Advertising: The playing, using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is broadcast upon the public streets of the City for the purpose of commercial advertising or of attracting the attention of the public to any building or structure, except when a permit has been first procured from is issued by the City Manager or his/her designee. 2. Location Within One Hundred Fifty Feet Of Residentially Zoned Property: The operating of, or permitting to be operated, any receiving radio set, phonograph, loudspeaker, sound amplifier, paging system or other machine or device for the production or reproduction of sounds in such a manner that causes distinct and loudly audible noises are emitted upon or proximate to a public way, which public way is within one hundred fifty feet (150') of property used for residential purposes. 3. Restrictions Upon Hours Of /Permitted Use: No machine or device specified in Subsection (F)1 or (F)2 of this Section shall be operated between the hours of: Sunday evening through Friday morning 10:00 P.M. and 7:00 A.M. Friday evening through Sunday morning, and on those evenings preceding national holidays and legal school holidays enumerated in 105 ILCS 5/24-2 11:00 P.M. and 7:00 A.M. ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. from Sunday evening through Friday morning, and between eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. from Friday evening through Sunday morning and on those evenings preceding national holidays and legal school holidays enumerated in 105 ILCS 5/24-2, in such a manner as to be plainly audible at a distance of fifty feet (50') from the location of such set, instrument or device. (G) Radios, Audiovisual and Musical Instruments and Devices: Phonographs: 1. Restrictions: The playing, using, operating or permitting to be played, used or operated, at any time, any radio, musical instrument, television, smart phone, computer, tablet or other machine or device for the producing or reproducing of sound that disturbs the peace, quiet and comfort of the neighboring inhabitants. Standards to be considered in determining whether a violation of this Subsection exists shall include considering the volume of the noise, the intensity of the noise, whether the nature of the noise is usual or unusual, the time of day or night the noise occurs, and the nature and zoning of the area within which the noise occurs. The occupant of the property, room, outdoor area or residential unit, or 142 of 605 8 the agent of the occupant, may be presumed to have permitted the noise or activity to occur. The operation or use of any radio, musical instrument, television, smart phone, computer, tablet or other machine or device between the hours of: Sunday evening through Friday morning 10:00 P.M. and 7:00 A.M. Friday evening through Sunday morning and on those evenings preceding national holidays and legal school holidays enumerated in 105 ILCS 5/24-2 11:00 P.M. and 7:00 A.M. that is audible at a distance of twenty five feet (25') from the location of such radio, musical instrument, television, smart phone, computer, tablet or other machine or device shall be prima facie evidence of a violation of this Subsection. Prima facie violations of this Subsection may be rebutted only upon clear and convincing evidence. 2. Time And Use Restrictions: The playing, using, operating or permitting to be played, used or operated, any radio receiving set, musical instrument, phonograph, television, receiving set or other machine or device for the producing or reproducing of sound in such a manner as to that disturbs the peace, quiet and comfort of the neighboring inhabitants or with louder volume than is necessary for the convenient hearing of the persons who are in the room, chamber, vehicle or outdoor area within the City limits in which or where such machine or device is played, used or operated. and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. from Sunday evening through Friday morning, and between eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. from Friday evening through Sunday morning and on those evenings preceding national holidays and legal school holidays enumerated in 105 ILCS 5/24-2 in such a manner as to be plainly audible at a distance of fifty feet (50') from the location of such set, instrument, device, shall be prima facie evidence of a violation of this Section. 2. Permit Required: Any person, group, association, organization, business or other similar entity desiring to use in an outdoor area any machine or device specified in this Section for producing or reproducing sound must first obtain a permit for said use. Application for such permit shall be made to the office of the City Manager or his/her designee on a form provided by that office. The City Manager or his/her designee shall provide notice to the ward alderman of any applications. No permits for any machine or device specified in this Section may be issued for block parties. Violation of this Section shall subject the unauthorized user to a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00). 143 of 605 9 (H) Schools, Courts, Churches And Hospitals: The creation within the City of any excessive noise in the vicinity of any school, institution of learning, church, court or hospital, while the same is in use, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital. , provided conspicuous signs are displayed in the vicinity of any such building indicating that the same is a school, hospital, court or church. (I) Hawkers, Peddlers: The shouting and crying within the City of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood. (J) Yelling, Shouting: Yelling, shouting, hooting, whistling or singing on the public streets of the City, particularly between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. or at any time or place so as to annoy or disturb the peace, quiet, comfort or repose of persons in any office, or in any dwelling, hotel or other type of residence or of persons in the vicinity, within the limits of this City. (I) (K) Animals, Birds: The keeping of any animal or bird shut up or tied up in any yard, enclosure, stable, house or other place within the City which, by barking, howling, crying, singing or causing frequent or long continued noise, shall disturbs the comfort or repose of persons in the vicinity. 9-5-2 9-5-6. DISTURBING THE PEACE. No person owning or occupying any building or premises shall use the same, or permit the use of the same, or rent the same, to be used or which is used for any activity, business, or employment, or for any purpose of pleasure or recreation, if such use and activity shall, from its boisterous nature, disturbs or destroy the peace of the neighborhood in which such building or premises is located. No use or activity shall be allowed that endangers the health, safety or welfare of the City or its residents. situated, or be dangerous or detrimental to health. Standards to be considered in determining whether a violation of this Section exists shall include considering the volume of the use or activity, the intensity of the use or activity, whether the nature of the use or activity is usual or unusual, the time of day or night the use or activity occurs, and the nature and zoning of the area within which the use or activity occurs. Upon a finding of a violation of this Section, any person, or agent of the person, who owns, manages or rents a property that permits an activity or use that violates this Section may be liable. 9-5-3. DISORDERLY CONDUCT. A person commits disorderly conduct when he/she knowingly. : 144 of 605 10 (A) Does any act in such unreasonable manner as to provoke, make or aid in making a breach of the peace; or (B) Resists or obstructs the performance by an identifiable one known to be a police officer of any authorized act within his/her official capacity; or (C) Assembles with two (2) or more additional persons for the purpose of using force or violence to disturb the public peace; or (D) Fails to obey a lawful order of dispersal by an identifiable a person known by him/her to be a police officer, where three (3) or more persons are committing acts of disorderly conduct in the immediate vicinity, which acts are likely to cause substantial harm or serious inconvenience, annoyance or alarm endangering the health, safety, or welfare of the City or its residents; or (E) Does any offensive act which creates a clear and present danger of a breach of the peace or imminent threat of violence. 9-5-4. NUISANCE PREMISES. (A) Definitions: ENCOURAGES OR PERMITS: Acquiesces, by failure to prevent or expressly consent to an act. NUISANCE PREMISES: Any "premises", as defined herein, used for any offense, as defined below, is hereby declared a public nuisance; provided however that no public nuisance or violation of this Section shall be deemed to exist unless: 1. The offense for which the premises is used is punishable by imprisonment for one year or more or the premises is used for two (2) or more such offenses within any six (6) month period; or 2. In any six (6) month period, the premises is the site of two (2) or more offenses which are misdemeanors under state or federal law or a violation of this Code, as amended, including, but not limited to, the following provisions: a. Subsection 3-4-3(A)1 of this Code, liquor license required. 145 of 605 11 b. Section 3-4-11, "Sales To Minors, Certain Persons Restricted; Age Restrictions and Identification Cards", of this Code. c. Section 3-4-13, "Responsibility Of Parents And Others For Alcohol Consumption By Minors", of this Code. d. Section 3-4-14, (liquor) "Age Restrictions; Identification Cards", of this Code. d. e. Title 8, Chapter 13, "Marijuana", of this Code. e. f. Title 8, Chapter 14, "Drug Paraphernalia Control", of this Code. f. g. Section 9-4-3-2, "Limitation On Number Of Dogs", of this title. g. h. Section 9-4-14, "Cruelty To Animals", of this title (includes animal fighting). h. i. Section 9-4-17, "Dangerous Dogs", of this title. i. j. Section 9-5-3, "Disorderly Conduct", of this Chapter. j. k. Section 9-5-2, "Disturbing The Peace", of this Chapter. l. Section 9-5-19-1, "Gambling House, Establishments, Public Nuisance", of this Chapter. m. Section 9-5-8-4, "Gambling Acts", of this Chapter. m. Subsection 9-5-10(C)1 of this Chapter, alcoholic beverages, 146 of 605 12 consumption/possession public property (sidewalks and parkways). n. Section 9-5-18-1 9-1-13-1, "Obedience To Police In Public Places", of this Chapter. o. Section 9-5-18-4 9-1-13-4, "Resisting Or Interfering With Police", of this Chapter. p. Section 9-5-1, "Noises Prohibited", of this Chapter. q. Section 9-6-1, "Curfew", of this title. r. Chapter 8, "Weapons", of this title. s. 720 ILCS 5/11-14, prostitution. t. 2003 international fire code, Section 107.6 and 202, overcrowding. u. 2003 International Property Maintenance Code. v. Title 6 of this Code, the zoning ordinance. PREMISES: Any parcel of property or part thereof and the building or structure, if any, which is situated on the property, and any portion of the public way that abuts the parcel of property when it is used in conjunction with the abutting property for the commission of illegal activity. REASONABLY BELIEVES: "Reasonably believes" or "reasonable belief" means that the person concerned, acting as a reasonable person, believes that the described facts exist. 147 of 605 13 (B) Maintaining Nuisance Premises Prohibited: 1. Any person who owns, manages, or controls a premises and who encourages or permits an illegal activity described in Subsection (A) of this Section to occur or continue on said premises shall be guilty of maintaining a nuisance premises. 2. Any person who owns, manages, or controls any premises and who fails to implement, within the thirty (30) day period following the notice required in Subsection (D) of this Section, or within any other period agreed upon by the person and the City, reasonable and warranted abatement measures identified in the notice issued pursuant to Subsection (D) of this Section, or such measures agreed to by the person and the City subsequent to the issuance of said notice, or other abatement measures which successfully abate the public nuisance on the premises, shall be liable for maintaining a nuisance premises. No person shall be found in violation of this Subsection (B)2 unless the City proves, in a court of competent jurisdiction or in the City's Division of Administrative Adjudication, by a preponderance of the evidence, that the abatement measures were necessary reasonable and warranted, and that he/she knowingly failed to implement them. 3. Each day that a violation of this Section continues shall be considered a separate and distinct offense. (B) Order Of Abatement: Whenever the City Manager or his/her designee reasonably believes that any premises constitutes a public nuisance as described in this Section, he/she may bring an action to abate the nuisance in a court of competent jurisdiction or in the City's Division of Administrative Adjudication. The presiding authority shall issue an order of abatement upon a finding of liability pursuant to this Section. The order of abatement shall require the respondent to take measures reasonably calculated to prevent the recurrence of the illegal activity. In ordering these measures, the presiding authority shall consider the magnitude of the harm caused by the nuisance, the value of the property, and the extent to which the respondent has taken effective measures to abate the nuisance or whether the respondent has failed to take effective measures to abate the nuisance. Those measures may include, but are not limited to, making improvements to real estate and installing lighting to enhance security, the hiring of licensed and insured security personnel, the hiring of a receiver, the initiation and execution of eviction proceedings against tenants engaged in illegal activity, or, at the request of the City Manager or his/her designee, the assignment or forfeiture to the City of all of the respondent's rights, title and interest in the real estate. Assignment or forfeiture of the respondent's rights, title and interest in the real estate shall be 148 of 605 14 considered as an abatement measure only when the respondent has failed to abate a nuisance following an order issued pursuant to this Subsection, or has failed to abate a nuisance within thirty (30) days of a notice issued pursuant to Subsection (D) of this Section, and: 1. A forcible felony as defined in Section 2-8 of the Illinois Criminal Code of 1961, 720 ILCS 5/2-8, as amended, is committed on the premises; or 2. Two (2) or more violations of the Illinois Controlled Substances Act or the Cannabis Control Act occur on the premises on separate days within a one year period. The order of abatement may also authorize the issuance of ex parte administrative search warrants reasonably calculated to determine whether the nuisance has been abated or whether the order of the court or hearing officer has been obeyed. Any order of abatement issued by an Administrative Hearing Officer pursuant to this Section is subject to enforcement pursuant to Section 11-1-17 of this Code. Actions brought pursuant to this Section may also be accompanied by the recording of a lis pendens notice against the property. (D) Notice Of Violation: Whenever the City Manager or his/her designee reasonably believes that any premises constitutes a public nuisance as described in this Section and that the person who owns or controls the premises does not have actual or constructive knowledge of the illegal activity occurring thereon, he/she shall give written notice to the person who owns or controls the premises. Such notice shall include, but not be limited to, stating that a public nuisance exists and identifying reasonable abatement measures that must be taken within thirty (30) days of the notice. The notice shall be in writing and may be served in person or sent by certified mail, return receipt requested. The notice shall provide the recipient a reasonable opportunity to meet with a representative of the City to discuss the allegations in the notice and the need for abatement measures. Failure to respond to the notice or failure to implement the abatement measures requested therein or those subsequently agreed to by the recipient and the City within the thirty (30) day period following the notice, or within any period subsequently agreed upon by said parties, constitute a violation of Subsection (B)2 of this Section. The notice shall not be a prerequisite to the issuance of a citation for violation of Subsection (B)1 of this Section. (E) Penalties: Upon a finding of liability pursuant to this Section, in a court of competent jurisdiction or in the City's Division of Administrative Adjudication, by a preponderance of the evidence, the respondent shall be fined: 149 of 605 15 1. Not less than three thousand dollars ($3,000.00) and not more than six thousand dollars ($6,000.00) for any offense on the premises which may be charged as a class X felony by the Criminal Code of 1961, 720 ILCS 5/1 et seq., as amended (hereinafter, "Criminal Code"); 2. Not less than one thousand five hundred dollars ($1,500.00) and not more than three thousand dollars ($3,000.00) for any offense on the premises which may be charged as a class 1 felony by the Criminal Code; 3. Not less than seven hundred dollars ($700.00) and not more than one thousand four hundred dollars ($1,400.00) for any offense on the premises which may be charged as a class 2 felony by the Criminal Code; 4. Not less than five hundred dollars ($500.00) and not more than one thousand dollars ($1,000.00) for any offense on the premises which may be charged as a class 3 felony by the criminal code; 5. Not less than three hundred dollars ($300.00) and not more than one thousand dollars ($1,000.00) for any offense on the premises which may be charged as a class 4 felony by the criminal code; and 6. Not less than two hundred dollars ($200.00) and not more than one thousand dollars ($1,000.00) for all offenses on the premises not otherwise specified. (F) Evictions: No person evicted due to a notice of violation or nuisance abatement order issued or agreed to, pursuant to the terms of this Section, shall be eligible to receive City funded relocation assistance. (G) Disposition Of Property: Any property assigned or forfeited to the City pursuant to this Section may be disposed of as authorized by the City Council. (H) Severability: If any provision of this Section or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Section which can be given effect without the invalid provisions or applications thereof. 9-5-105. ALCOHOLIC BEVERAGES; CONSUMPTION/POSSESSION PUBLIC PROPERTY. Except as otherwise provided below, no person shall within the corporate limits of the City: 150 of 605 16 (A) Transport: Transport any alcoholic beverage within the passenger area of any motor vehicle except in the original container and with the seal unbroken. This subsection does not apply to wine removed from a licensed premises pursuant to subsection 3-4-19 of this Code. (B) Consumption In Vehicles: Consume or have on his/her person open containers of alcoholic beverages in or on any part of any motor vehicle. (C) Consumption In Public: 1. Consume or have on his/her person or in or about personal property open containers of alcoholic beverages in public buildings, parks, beaches, highways, streets, alleys, sidewalks, parkways and public parking lots. Notwithstanding any of the foregoing, service of alcoholic beverages at a sidewalk cafe authorized for such service pursuant to Subsection 7-2-6(D) of this Code and possession and consumption of alcoholic beverages by patrons at such cafes shall be permitted. 2. Have on his/her person or in or about personal property containers of alcoholic beverages in public buildings, parks, or beaches. 3. Consume or have on his/her person or in or about personal property containers of alcoholic beverages on the Peter N. Jans Community Golf Course. This Section shall not be construed to prohibit the consumption or possession of alcoholic beverages within an area bounded by the north wall and the east wall of the American Legion building at 1030 Central Street and by the intersection of a line one hundred feet (100') west of the American Legion building and a line one hundred feet (100') south of said building, provided that appropriate State and City liquor licenses are in effect for the American Legion building premises. Within sixty (60) days of the passage of this Subsection (C)3, the golf course will post signage advising of the boundaries within which possession and consumption of alcoholic beverages are permitted. Posting and maintenance of said signs are the responsibility of the golf course. (D) Violation: Any person found violating any of the provisions of this Section shall be fined not less than five hundred dollars ($500.00), nor more than one thousand dollars ($1,000.00) for each offense. It shall not be a defense to any citation written for any violation of any provision of this Section that the containers of alcoholic beverages were empty at the time the citation was issued. 151 of 605 17 This Section shall not be construed to prohibit the possession or consumption of alcoholic beverages within public buildings, on streets, alleys, sidewalks, parkways and public parking lots in conjunction with an authorized event where such event and use of said alcoholic beverages has been disclosed in writing to and authorized by the City Manager or his/her designee. 9-5-10-3 Pedestrians (E) Persons Intoxicated by Alcohol or Drugs: Any person who is intoxicated by alcohol or drugs who poses a hazard to themself or others shall not walk or be upon any public right of way. A pedestrian who is under the influence of alcohol or any drug to a degree which renders himself/herself a hazard shall not walk or be upon any public right-of-way. 9-5-6 9-5-10-1. PURCHASE, POSSESSION, OR ACCEPTANCE OF GIFT BY PERSONS LESS THAN 21 YEARS OF AGE; CONSUMPTION BY PERSONS LESS THAN 21 YEARS OF AGE. Except as otherwise provided below, no person less than twenty-one (21) years of age shall within the corporate limits of the City: (A) Purchase Or Possession Of Alcoholic Liquor: Purchase or attempt to purchase alcoholic liquor, accept a gift of alcoholic liquor or have alcoholic liquor in his/her possession. (B) Consumption: Consume alcoholic liquor. 9-5-10-2. PRESENCE RESTRICTION. Presence Restriction: It shall be unlawful for any person under the age of nineteen (19) to be or to remain in any room, apartment, house, place or vehicle which is not licensed for the sale of alcoholic liquor, when such person knows alcoholic liquor is being consumed by persons under the age of nineteen (19) therein, except as otherwise provided in this Chapter; provided however, a person shall not be in violation of this Subsection where the room, apartment or house is that person's actual place of domicile, unless that person permits the use of the room, apartment or house when such person knows or in the exercise of ordinary care should know of a substantial probability that such place is or will be used by persons under the age of nineteen (19) for the consumption or possession of alcoholic liquor. (C) Exception: The possession and dispensing, or consumption of alcoholic liquor by a person less than twenty-one (21) years of age in the performance of a religious service 152 of 605 18 or ceremony, or under the direct supervision and approval of the parents or parent of such underage person in the privacy of a home is not prohibited. 9-5-7 9-5-11. PUBLIC NUDITY; URINATING OR DEFECATING IN PUBLIC. (A) It shall be unlawful for any person to appear in a public place in a state of nudity or to make any indecent exposure of his/her person. For purposes of this Section, nudity shall be defined as: The showing of the human male or female genitals, pubic areas or buttocks, or female breast with less than a fully opaque covering of any portion thereof below the top of the nipple. Women breastfeeding in public are exempt from this definition. (B) It shall be unlawful for any person to urinate or defecate: 1. In or on a public street, alley, sidewalk, yard, park, building, structure, plaza, public or utility right-of-way, or other public place; or 2. In public view (a) It shall be a defense to prosecution for urinating or defecating that the person was in a restroom. 9-5-8 9-5-12. CRIMINAL DAMAGE. (A) Damage Building of Another: It shall be unlawful for any person to cut, injure, mark or deface any building not his/her own. (B) Injure City Property: It shall be unlawful for any person to injure in any way any property of any kind belonging to the City. (C) Sewers or Drains; Injuring or Breaking Receiving Basins, Manholes: Any person injuring, breaking or removing any portion of any receiving basin, covering, flag, manhole, vent or any part of any sewer or drain, shall be fined one five hundred dollars ($100.00 $500.00) for each offense. (D) Stringing Wires in Trees: Any person stringing wires in the City in such a manner as to damage or injure any tree standing in any street, park or alley of the City, either by abrasion caused by contact of such wires with any such tree, or by burning the branches or trunk of any such tree by electric current conducted by such wires, or by cutting or climbing into or upon any such tree in putting on or repairing such wires, shall be fined one five hundred dollars ($100.00 $500.00) for each offense. 153 of 605 19 (E) Vegetables, Trees on Premises of Another: Whoever injures, destroys or carries away any vegetable, plant, fruit, shrub, tree, flower or other thing which may be planted or seeded on the private premises of another or who shall permit any dog or animal to injure or destroy any such vegetable, plant, fruit, shrub, tree, flower or other thing shall fined one five hundred dollars ($100.00 $500.00) for each offense. (F) Signs, Gates, Sidewalks and Fences: Any person who carelessly or maliciously breaks, defaces, carries away, injures or destroys any street sign, sign, gate, sidewalk or fence in the City shall be fined one five hundred dollars ($100.00 $500.00) for each offense. 9-5-9 9-5-13. TRESPASS. Whoever enters upon the land or building or any part thereof of another after receiving, at any time, immediately prior to such entry, notice from the owner or occupant that such entrance is forbidden, or remains upon the land or building or any part thereof of another after receiving notice from the owner or occupant to depart, shall be fined three one hundred dollars ($100.00 $300.00) for each offense. A person has received notice from the owner or occupant within the meaning of this Section if he/she has been was notified personally, either orally or in writing, or if a printed or written notice forbidding such entry has been conspicuously posted or exhibited at the main any entrance of such land or building, or the forbidden part thereof. 9-5-10 9-5-14. RECKLESS CONDUCT. It shall be unlawful for any person to throw or cast any stone or other missile upon or at any building, railroad car, tree or other public or private property or upon or at any person in any street, avenue, alley, lane, public place or at enclosed or unenclosed grounds in the City, or aid or abet in the same. Any person violating this Subsection shall be fined five hundred dollars ($500.00) for each offense 9-5-11 9-5-1. ASSAULT AND BATTERY. It shall be unlawful for any person to commit an assault or a battery upon another person, or to fight in public with another person so as to alarm or endanger other members of the public. 9-5-12 9-5-16. MOTORBOATS; OPERATION WITHIN CITY. 154 of 605 20 It shall be unlawful for any person to operate or for any owner of any motorboat or outboard motorboat to permit it to be operated upon the water of Lake Michigan, along or to the east of that part of the shoreline of the lake, within the limits of the City, or upon any waterway in the City in such a manner as to disturb or destroy the peace and quiet of the inhabitants of the City residents. Any person violating this Section shall be guilty of a violation of this Code and fined one five hundred dollars ($100.00 $500.00) for each offense. 9-5-13 9-5-17. OBSTRUCTING VIEW AT INTERSECTIONS. The owner or occupant of every lot or parcel of land adjoining a street, or alley, or sidewalk intersection in the City upon which any trees, shrubs, bushes or plants are growing shall trim, prune or cut them to ensure unobstructed same or cause the same to be trimmed, pruned or cut so as not to obstruct the passage of light from any streetlight or traffic signal light, and so that the same shall not interfere with nor clear an obstructed the vision of for persons using the alleys, streets or highways sidewalks. The existence of any trees, shrubs, bushes or plants on the premises of any owner or occupant adjoining a street or alley, or sidewalk intersection which shall obstructs the passage of light from any streetlight or traffic signal light or which shall interferes with or obstructs the vision at street alley or sidewalk intersections or the intersection of a street with a public alley is hereby declared to constitute a public nuisance. It shall be unlawful for any owner or occupant of such premises to fail, neglect or refuse to abate the same by removing, trimming, cutting or pruning such tree, shrub, bush or plant within five (5) calendar days after being notified in writing so to do by the City Manager or his/her designee. Persons who fail to remove correct and abate any such tree, shrub, bush or plant nuisance after notification to do so shall be fined one hundred dollars ($100.00) for each offense. 9-5-14 9-5-5. DISTURBING RELIGIOUS WORSHIP. It shall be unlawful for any person to disturb any congregation or assembly meeting for religious worship, by making a noise or by rude and indecent behavior or profane discourse, within or near their place of worship, or so near the same as to disturb the order and solemnity of the meeting. 9-5-15 MODEL AIRPLANES. The operation or flying of toy or model airplanes when driven by motor or any other type of jet or power propulsion is hereby determined and declared to be a nuisance. No person shall use, operate or fly any toy or model airplane driven by motor, jet or other form of power propulsion within the City. No person shall permit any lot or tract of land within the territorial limits of the City to be used for the purpose of operating or flying any toy or model airplane driven by motor, jet or other power propulsion. Any person 155 of 605 21 violating any of the provisions of this Section shall be punished as provided in Section 1-4-1 of this Code. Any person violating this Section shall be guilty of a violation of this Code and fined one hundred dollars ($100.00) for each offense. 9-5-15 9-5-7. PUBLICATIONS INCITING RIOTS OR PHYSICAL VIOLENCE. It shall be unlawful to write, print, manufacture, utter, circulate, distribute or possess with the intent to utter, circulate or distribute any newspaper, book, magazine, pamphlet, handbill, circular or other written or printed matter containing libelous, defamatory or inflammatory statements designed or intended to incite rioting or physical violence within the City. 9-5-16 9-5-19. ABANDONED REFRIGERATORS, FREEZERS. It shall be unlawful for any person to permit or allow a discarded or unused refrigerator or deep freezer or one not in use to remain in any place accessible to children unless the door was completely removed, unless the latching or locking mechanism on the door of the same has been was removed, or unless the doors of the same are bolted and locked in such a manner that it is impossible to open the same by the use of the hands, or unless the door has been permanently and completely removed from the refrigerator or deep freezer. 9-5-17 9-5-21. OBJECTS ON WINDOWSILLS. It shall be unlawful for any person to place or keep on any windowsill, railing or balcony, top of porch or any other projection from any house or other building in the City, any flower pot, wooden box, bowl, pitcher or other article or thing whatsoever, unless the same is securely and firmly fastened or protected so as to render it make impossible for any such pot, box, bowl, pitcher or other article to fall into the street. 9-5-18 9-5-24. PROHIBITED SALE OR POSSESSION OF SPRAY PAINT CANS AND/OR MARKERS. 9-5-18-1 9-5-24-1. SALE OF SPRAY PAINT CANS OR MARKERS PROHIBITED. It shall be unlawful for any person operating a retail business in the City to sell paint in spray cans to any person under the age of eighteen (18) or to sell any marker containing a fluid which is not water soluble and has a point, brush, applicator or other writing surface of three-eighths (3/8) of an inch or greater to any person. "Retail" means sales other than those for the purpose of resale or for use by manufacturers, contractors, trades, railroads, public service corporations and institutions, or for the supplying of branch or general establishments from a central depot or store, and shall not include the sale at retail of secondhand or used goods, wares, or commodities. 156 of 605 22 9-5-18-2 9-5-24-2. POSSESSION OF SPRAY CANS OR MARKERS BY UNDERAGE PERSONS PROHIBITED. No person under the age of eighteen (18) shall possess within the City any paint in a spray can or any marker containing a fluid which is not water soluble and has a point, brush, applicator or other writing surface of three-eighths (3/8) of an inch or greater. This prohibition shall not apply to. (A) A child using paint or a marker while under the immediate supervision of his/her parent or legal guardian; (B) A student using paint or a marker while under the immediate supervision of his/her teacher; (C) An employee using paint or a marker at the direction and under the supervision of his/her employer. 9-5-18-3 9-5-24-3. AIDING OR ASSISTING UNDERAGE PERSON IN OBTAINING PAINT SPRAY CANS OR MARKERS PROHIBITED. No person shall aid, assist or abet a person under the age of eighteen (18) in obtaining possession of paint in a spray can or any marker containing a fluid which is not water soluble and has a point, brush, applicator or other writing surface of three-eighths (3/8) of an inch or greater. This prohibition shall not apply to. (A) A parent or legal guardian assisting and supervising his/her own child or ward in the use of paint or a marker; (B) A teacher assisting and supervising his/her students in the use of paint or a marker; (C) An employer assisting and supervising his/her employee in the use of paint or a marker. 9-5-18-4 9-5-24-4. POSSESSION OF SPRAY PAINT CANS OR MARKERS WITH INTENT TO DEFACE PROHIBITED. (A) It shall be unlawful for any person to possess a spray paint container, liquid paint or any marker containing a fluid which is not water soluble and has a point, brush, applicator or other writing surface of three-eighths (3/8) of an inch or greater, or any etching equipment or etching materials on the property of another or in any public building or upon any public facility with intent to use the same to deface any building, 157 of 605 23 structure or property. It shall be a defense to an action for violation of this Subsection that the owner, manager or other person having control of the property, building or facility consented to the presence of the paint or marker. (B) It shall be unlawful for any person to possess a spray paint container, liquid paint or any marker containing a fluid which is not water soluble and has a point, brush, applicator or other writing surface of three-eighths (3/8) of an inch or greater, or any etching equipment or etching materials, on the public way with intent to use the same to deface any building, structure or property. (C) For purposes of this Section, "etching equipment" and "etching materials" includes any tool, device, equipment or substance that can be used to make permanent marks on metal, glass, plastic, concrete or stone. (D) Any person who violates any provision of this Section shall be fined not less than five hundred dollars ($500.00) for each offense. 9-5-19 9-5-8. GAMBLING. 9-5-19-1 9-5-8-1. GAMBLING HOUSE, ESTABLISHMENTS; PUBLIC NUISANCE. (A) Maintaining Gambling Establishments Prohibited: No person shall set up, keep or maintain, or permit to be set up, kept or maintained, in any house or place within the corporate limits of the City occupied or controlled by that person: 1. Any instrument, device or thing for the purpose of gambling or with which money, property or anything representing money or property, or anything of value, shall in any manner be played for except as provided by the Illinois Lottery Law 20 ILCS 1605/1 et seq., the Illinois Bingo License and Tax Act 230 25/1 et seq., and the Illinois Charitable Games Act 230 ILCS 30/1 et seq.; or 2. Any book, instrument or device for the purpose of taking, recording or registering bets or wagers, or for selling pools upon the result of any game, contest of skill or chance, political nomination, appointment or election. Any person who violates this 9-5-19-1 shall be fined not less than two five hundred dollars ($200.00 $500.00) nor more than five hundred dollars ($500.00) for each offense. (B) Establishments Declared Public Nuisances: Every house, room, yard, boat, vessel or other structure or premises kept or used for the purpose of permitting persons to 158 of 605 24 gamble for money, property or anything representing money or property, or anything of value, within the corporate limits of the City is hereby declared a public nuisance. Any person who owns, keeps, maintains or conducts or who has interest in owning, keeping, maintaining, managing or conducting any such place, shall be fined not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00) for each public nuisance offense. Additionally, nuisance abatement measures may be instituted pursuant to 9-5-4 of this Code. 9-5-18-2 9-5-8-2. FREQUENTING GAMBLING ESTABLISHMENTS. Any person who is a frequenter, visitor, inmate, doorkeeper, solicitor, runner, agent, abettor, or pimp of or for any place kept or used for the purpose of permitting persons to gamble for money, property or anything representing money or property, or anything of value, shall be fined not less than two hundred dollars ($200.00) nor exceeding five hundred dollars ($500.00) for each offense. 9-5-18-3 9-5-8-3. GAMBLING DEVICES. (A) Bringing Gambling Devices Into City: Any person who brings into the City or has in his/her possession in the City, for the purpose of gambling, any table, thing or device of any kind or nature, whereon or with which money, or any other thing of value may in any manner be played for, shall be fined not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00) for each offense. (B) Exposing Gambling Devices in Streets: Any person who exposes in any of the streets or other public places within the corporation limits of the City, any table or device of any kind whatsoever upon or by which any game of chance or hazard can be played, or who plays at or upon any such table or device, shall be fined not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00) for each offense. 9-5-8-4. GAMBLING ACTS. (C) (A) Dealing, Playing in Gambling Games: Any person who deals, bets, plays for money or engages in any device or game of chance or hazard, either as banker, dealer or otherwise, or bets on any game others may be playing for the purpose of gambling, shall be fined not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00) for each offense. (B) Playing Games for Money; Betting on Games: Any person shall who plays for money or other valuable thing any game with cards, dice, checks or billiards, or any instrument or thing which may be used for the purpose of playing or betting upon, or 159 of 605 25 winning or losing money or anything of value, or who bets on any game he/she or others may be playing shall be fined not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00) for each offense. (C) Betting on Horse Races: No person shall trot or race any horse on a stake or bet, or wager money or other valuable thing upon a trotting match or horse race, within the corporate limits of the City. All betting, wagering, speculating, pool selling or bookmaking upon any horse race, or the result thereof, and all gambling and every game of chance of any nature whatsoever, within to or upon any and all race tracks and race courses, or in any building within any race track or race course within the City is hereby prohibited. Any person who violates this Subsection 9-8-5-4(C) shall be fined not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00) for each offense. 9-5-19-5 9-5-8-5. ADVERTISING OF BETS. (A) (D) General: Any person who exhibits, distributes, inserts, or causes to be inserted, or prints or publishes, or causes to be printed, or published, in any newspaper or other publication printed, published or circulated in the City, any notice, advertisement or mention notice, giving or purporting to give information or where or with whom bets or wagers may be made or placed, or where or by whom pools are sold, upon the result of any trial or test of skill, speed or power of endurance of man or beast, or upon the result of any political nomination, appointment or election, shall be fined not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00) for each offense. (B) Circulation of Betting Advertisements: Any person who displays, exhibits or distributes or causes to be distributed, any circular, blank, handbill, pamphlet or other thing containing any notice, advertisement or mention giving or purporting to give information where or with whom best or wagers may be made or placed, or where or by whom pools are sold, upon the result of any trial or test of skill, speed or power of endurance of man or beast, or upon the result of any political nomination, appointment or election, shall be fined not less than two hundred dollars ($200.00) nor more than five hundred ($500.00) dollars for each offense. 9-5-8-9. VIDEO GAMING PROHIBITED. 160 of 605 26 (E) Video gaming, as defined in the Video Gaming Act, 230 ILCS 10/1 et seq., as amended, is hereby expressly prohibited within the corporate limits of the City of Evanston. The maintenance of a "video gaming terminal," as defined in the Video Gaming Act, 230 ILCS 40/5, is prohibited and any such gaming terminal shall be immediately removed by the owner or operator from the public place or fraternal or veterans' establishment in which it is located. 9-5-20 9-5-2. BURGLAR'S TOOLS. It shall be unlawful for any person to have in his/her possession any nippers of the description known as "burglar's nippers", "picklock", "skeleton key" to be used with a bit, jimmy or other burglar's instruments or tools of whatsoever kind or description, unless it be shown that such possession is innocent or for a lawful purpose. 9-5-8-6. LOTTERIES OR "POLICY" GAMES. No person shall: (A) Keep, manage, maintain or aid in keeping, managing or maintaining, any lottery or thing whatsoever for the drawing or disposing of any valuable thing by chance; or, (B) Have in his/her possession knowingly, any writing, paper or document representing a chance, share or interest in numbers drawn or to be drawn in the game commonly called "policy"; or (C) Have in his/her possession, custody or control any pad, book, paper, writing or document such as is commonly used in playing the game called "policy"; or, (D) Keep, use or maintain any house, room, store or other building, as agent, owner, keeper, superintendent, lessee, lessor or otherwise, in which the game called "policy" is played; or, (E) Aid, assist or abet any other person in carrying on or promoting the game called "policy". Any person violating this Section shall be fined not less than two hundred dollars ($200.00) and not more than five hundred dollars ($500.00) for each offense. 9-5-8-7. POLICE POWERS AND DUTIES. It shall be the duty of all members of the Police Department to give information to the City Manager or his/her designee of each house or other place within the City wherein gambling games or devices, or tables or other instruments or things for the purpose of gambling are or may be set up or maintained. The police officers shall take all lawful 161 of 605 27 means to suppress and prevent the playing at the tables, games or devices, and for this purpose, when, and as often as any of them shall have reasonable cause to suspect that any such table, game or device is set up, kept or maintained, he/she shall immediately make complaint thereof before a judge of the circuit court, or before an administrative hearing officer, and obtain a warrant authorizing a police officer or police officers to enter such house or other place or any room within the same, and the police officer(s) shall thereupon have authority to demand entry therein. Any person who shall refuse or neglect to open the door or entrance to such house, place or any room within the same, upon application of any police officer having such warrant, shall forfeit and pay a fine of not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00) for each offense. 9-5-8-8. SEIZURE AND DESTRUCTION OF GAMBLING DEVICES BY POLICE. It is hereby made the duty of every member of the Police Department to seize any table, instrument, device or thing used for the purpose of gambling. All such tables, instruments, devices or things shall be destroyed upon order of the court. Any person obstructing or resisting any member of the Police Department in the performance of any act authorized by this Section shall be subject to a fine of not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00) for each offense. 9-5-22. SPITTING ON SIDEWALKS, PUBLIC PLACES. It shall be unlawful for any person to spit upon any public walk, upon the floor of any public conveyance or upon the floor or wall of any theater, hall, assembly room or public building. 9-5-23. THEFT OF COMMUNICATIONS SERVICES, TAMPERING AND RESELLING SERVICES. No person, whether or not a subscriber to a cable communications system franchised by the City of Evanston, may intentionally or knowingly damage or cause to be damaged any wire, cable, conduit, equipment or apparatus of any franchisee, or commit any act with intent to cause such damage, or to tap, tamper with or otherwise connect any wire or device to a wire, cable, conduit, equipment and apparatus, or appurtenances of a franchisee with the intent to obtain a signal or impulse from the cable communications system without authorization from or compensation to the franchisee. No person shall resell without the expressed written consent of both the franchisee and the City any cable service program, or signal transmitted by a cable communications company operating under a franchise issued by the City. 9-5-9. MESSENGER SERVICE TRANSMITTING WAGERS PROHIBITED. 162 of 605 28 No person shall directly or indirectly accept for a fee or any valuable consideration any thing of value to be wagered or transmitted or delivered for wager to any racetrack or racecourse enterprise, nor shall the owner, lessee or occupant of any structure or part thereof knowingly permit any portion of such structure to be used or occupied for such purpose. Any person violating any provision of this Section, upon conviction thereof, shall be [fined] not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00) for each offense. A separate offense shall be deemed committed on each day such violation continues. 9-5-24-5. VIOLATION; PENALTY. Any person violating sections 9-5-24-1 through 9-5-24-3 of this Chapter shall be fined not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00) for each offense. Every day such violation continues shall constitute a separate and distinct offense. SECTION 2: Title 9, Chapter 1, Section 13, of the Evanston City Code of 2012, as amended, is hereby further amended to add the following: 9-1-13 9-5-18. OFFENSES AGAINST PUBLIC OFFICERS. 9-1-13-1 9-5-18-1. OBEDIENCE TO POLICE IN PUBLIC PLACES. Any person, in or on any public place in the City, who is violating any provision of this Code or any statute of the state shall immediately cease such violation upon the request of a police officer. It shall be unlawful for any person to refuse to obey the command or direction of a police officer to cease violating said Code provision or state statute. 9-1-13-2 9-5-18-2. IMPERSONATING POLICE. No person, other than a member of the Police Department, or a properly elected official, shall assume to act as a police officer in any capacity within the City. Any person not a member of the Police Department, who shall impersonate any of the members of said department, who shall maliciously or with the intent to deceive, use or imitate any of the signs, signals or devices adopted and used by said department, or who shall wear in public the uniform adopted as the police uniform, shall be fined seven hundred fifty dollars ($750.00) for each offense. 9-1-13-3 9-5-18-3. DUTY TO AID POLICE. It shall be the duty of all persons in the City, who are physically and intellectually capable of providing assistance or aid, when called upon by the Chief of Police or any 163 of 605 29 member of the Police Department, to promptly aid or assist him/her in the execution of his/her police duties. Any able person who shall neglect or refuse to give such aid or assistance shall be fined seven hundred fifty dollars ($750.00) for each offense. 9-1-13-4 9-5-18-4. RESISTING OR INTERFERING WITH POLICE. Whoever resists any member of the police force in the discharge of his/her duties, in any way interferes with or prevents him/her in the discharge of his/her duty, or offers or in any manner assists any person in the custody of any member of the police force to escape or attempts to escape from such custody, or attempt to rescue any person in such custody, shall be fined seven hundred fifty dollars ($750.00) for each offense. SECTION 3: Title 9, Chapter 16 of the Evanston City Code of 2012, as amended, is hereby further amended and revised to add the following: 9-16 9-5-25. PANHANDLING AND SOLICITING. (A) Definitions: PANHANDLING: An act made in person in or upon any street, public place, park, premises, or residence in the City, in which a person requests an immediate donation of money or other gratuity from another person, and includes, but is not limited to, seeking donations: 1. By verbal or written appeal; or 2. By music, singing, or other street performance; and 3. Where the person to whom the request is made receives an item or service of little or no monetary value in exchange for a donation, under circumstances where a reasonable person would understand that the transaction is in substance a donation. However, panhandling shall not include passively standing or sitting, or performing music or song or any other street performance with a sign or other indication that a donation is being sought, without any verbal request other than in response to an inquiry by another person. 164 of 605 30 PERSON: A natural person or persons, partnership, firm, corporation, or organization of any kind. PREMISES: Any occupied building or structure, including but not limited to all buildings or structures containing residences, including the surrounding outdoor property owned or leased by the occupant, or any separate dwelling unit contained within any occupied building or structure, of any type. SOLICITING: An act made in person in or upon any street, public place, park, premises or residence in the City, in which a person requests or seeks to obtain: 1. Orders or customers for the purchase of goods, wares, merchandise, foodstuffs, and/or services, of any kind, character or description whatever, for any kind of consideration whatever; or 2. Prospective customers for application or purchase of insurance of any type, kind, or character; or 3. Subscriptions to books, magazines, periodicals, newspapers, and every other type or kind of publication; or 4. Gifts or contributions of money, clothing, or any other valuable thing for the support or benefit of any charitable non-profit association, organization, corporation, or project. (B) Limitations on Panhandling and Soliciting. It shall be unlawful to engage in an act of panhandling or soliciting in the City: 1. If the person to whom the panhandling or soliciting request is made is located in a sidewalk cafe, in a public transportation vehicle, or in a public transportation facility. 2. If the panhandler or solicitor, or the person to whom the panhandling or soliciting request is made, is located at any of the following locations: a bus stop; 165 of 605 31 in any public transportation vehicle or public transportation facility; in a vehicle which is parked or stopped on a public street or alley; in a sidewalk cafe, or within twenty (20) feet in any direction from an automated teller machine or entrance to a bank. 3. By going upon any premises and ringing the doorbell upon or near any door located thereon, or rapping or knocking upon any door, or creating any sound in any other manner calculated to attract the attention of the occupant(s) thereof, for the purpose of securing an audience with the occupant(s) thereof and engaging in soliciting as herein defined, prior to 9:00 a.m. or after 6:00 p.m. Monday through Saturday, or at any time on a Sunday or on a State or National Holiday. 4. By going upon any premises and ringing the doorbell upon or near any door located thereon, or rapping or knocking upon any door, or creating any sound in any other manner calculated to attract the attention of the occupant(s) thereof, for the purpose of securing an audience with the occupant(s) thereof and engaging in panhandling as herein defined, prior to 9:00 a.m. or after 4:00 p.m. of any weekday, or prior to 9:00 a.m. or after 4:00 p.m. on any Saturday, or at any time on a Sunday or on a State or National Holiday. 5. By going upon any premises and ringing the doorbell upon or near any door located thereon, or rapping or knocking upon any door, or creating any sound in any manner calculated to attract the attention of the occupant(s) thereof, for the purpose of securing an audience with the occupant(s) thereof and engaging in panhandling or soliciting, in defiance of a notice posted in accordance with Subsection (D) of this Section, or in defiance of an oral notice given by an owner or occupier of the premises that panhandling and soliciting are not invited. 6. By perpetrating a fraud or misrepresentation of any kind. 7. In a manner that creates a danger or threat of any kind to the public health, safety, or welfare, or that violates any provision of this Code. (C) Aggressive Panhandling or Soliciting Prohibited. It shall be unlawful to engage in an act of panhandling or soliciting in an aggressive manner. A person's manner is aggressive if the person engages in any of the following actions: 1. Panhandling or soliciting a person who is standing at an automated teller machine while located within ten (10) feet of that person. 166 of 605 32 2. Panhandling or soliciting a person who is standing at an automated teller machine while the person is standing at the machine and within fifteen (15) seconds after the person begins to leave the machine. 3. Repeating a panhandling or soliciting request when the person to whom the panhandling or soliciting request is made is stationary and has refused an immediately prior request made at that location. Examples of a person who is stationary include, but are not limited to: a. Someone waiting in line, at a bus stop, or for a traffic signal; b. Someone seated on a public bench or in a car parked or stopped in a public street or alley; or c. Someone sitting, standing, or otherwise in or upon a premises they own or occupy. 4. At any time immediately before, during, or after the panhandling or soliciting request, touching the person to whom the panhandling or soliciting request is made without that person's consent. 5. Panhandling or soliciting while blocking the path of the person to whom the panhandling or soliciting request is made, or blocking the entrance to any premises, building or vehicle. 6. Following behind, alongside, or ahead of the person to whom the panhandling or soliciting request is made during or after the panhandling or soliciting request. 7. Directing profane or abusive language at the person to whom the panhandling or soliciting request is made at any time immediately before, during, or after panhandling or soliciting. 8. Immediately before, during, or after panhandling or soliciting, making any statement other than the panhandling or soliciting request or acting in any other manner which, in light of the circumstances taken as a whole, e.g., darkness, would cause a reasonable person to feel harassed, intimidated, or compelled to contribute. (D) Notice Prohibiting Panhandling and Soliciting. Any owner or occupant desiring to prohibit any individual from entering their premises for the purpose of engaging in 167 of 605 33 panhandling or soliciting shall give notice to panhandlers or solicitors by the following means: 1. Upon or near the main entrance door to such premises a weatherproof card, approximately three (3) inches by five (5) inches or larger in size, shall be posted containing the following words: "NO SOLICITORS ALLOWED," "NO SOLICITING," or a statement substantially similar to the foregoing that reasonably informs a panhandler or solicitor that the owner or occupant of the premises refuses invitation to panhandlers and solicitors. 2. The letters of any such card shall be at least one-third (1/3) inch in height. 3. Any such card so exhibited shall constitute sufficient notice to any panhandler or solicitor of the determination by the owner or occupant of the premises that panhandling or soliciting on the premises is prohibited. (E) Duties of Panhandlers and Solicitors. Every panhandler or solicitor shall: 1. Upon going into or upon any premises within the City, examine any notice provided for in Subsection (D) of this Section, and comply with the statement contained on the notice. 2. Upon gaining entrance to any premises located within the City, whether invited or not, immediately and peacefully depart from the premises when requested to do so by any owner or occupant thereof. 3. Approach a premises only by using the principal approach route thereto, and attempt to make contact with the occupants thereof only at the main entrance door for such premises. (F) Penalty. Each act of panhandling or soliciting in violation of this Section shall constitute a public nuisance and a separate violation of this Code and is punishable by a fine or community service. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity 168 of 605 34 shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 6: The findings and recitals 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 7: That this Ordinance 1-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 169 of 605 For City Council meeting of January 27, 2014 Item A9 Ordinance 17-O-14: Decreasing Class F Liquor Licenses Dominicks Finer Foods For Introduction To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 17-O-14, Decreasing the Number of Class F Liquor Licenses for Dominick’s Finer Foods, LLC d/b/a Dominick’s Finer Foods - #1137 Date: January 8, 2014 Recommended Action: Staff recommends City Council adoption of Ordinance 17-O-14. Summary: Ordinance 17-O-14 amends Evanston City Code of 2012 Subsection 3-4-6-(F), as amended, by decreasing the number of authorized Class F liquor licenses from nine (9) to eight (8). Due to the closing of Dominick’s Finer Foods, LLC d/b/a Dominick’s Finer Foods - #1137, the liquor license associated with this business will no longer be in use. This “housekeeping” ordinance amends the City Code to reflect the decrease in Class F liquor licenses. ------------------------------------------------------------------------------------- Attachments: Ordinance 17-O-14 Memorandum 170 of 605 1-8-14 17-O-14 AN ORDINANCE Amending Subsection 3-4-6-(F) of the City Code to Decrease the Number of Class F Liquor Licenses from Nine to Eight (Dominick’s Finer Foods, LLC d/b/a Dominick’s Finer Foods - #1137, 2748 Green Bay Road) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(F) of the Evanston City Code of 2012, as amended, is hereby further amended by decreasing the number of Class F liquor licenses from nine (9) to eight (8), to read as follows: (F) CLASS F licenses, which shall authorize the retail sale of alcoholic liquor in grocery stores, combination stores as defined in Section 3-4-1 of this Chapter, and wholesale clubs requiring membership in original packages to persons of at least twenty-one (21) years of age for consumption off the premises. The applicant for such license shall pay an initial fee of $35,000.00 and thereafter an annual fee of $11,500.00. 1. It shall be unlawful for a class F licensee to sell a single container of beer unless the volume of the container is greater than forty (40) ounces or 1.18 liters. It shall be unlawful for a licensee to bundle, tape, package, or otherwise manipulate single containers of beer for sale as a set. Any such manipulation of packaging shall be a violation of this Subsection. Nothing in this Subsection shall be construed as prohibiting the sale of packages containing six single containers of beer, including such packages consisting of various single containers of beer chosen by the consumer. 2. It shall be unlawful for a class F licensee to sell a single container of wine unless the container is greater than sixteen (16) fluid ounces or 0.473 liters. 3. It shall be unlawful for a class F licensee to sell a single container of alcoholic liquor, except beer and wine which are regulated by Subsections (F)1. and (F)2. of this Section, unless the container is greater than sixteen (16) fluid ounces or 0.473 liters. 4. The sale of alcoholic liquor at retail pursuant to the class F license may begin 171 of 605 17-O-14 ~2~ after 8:00 a.m., Monday through Sunday. Alcoholic liquor shall not be sold after the hour of 12:00 midnight on any day. 5. No such license may be granted to an establishment that is located within five hundred (500) feet of a licensee holding a class N liquor license. 6. A class F licensee shall provide a minimum of twelve thousand (12,000) square feet of production, preparation, and display area in which products are prepared and are for sale. The total number of class F licenses in effect at any one time shall not exceed nine (9) eight (8). SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2014 Adopted: ___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor 172 of 605 17-O-14 ~3~ Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 173 of 605 For City Council meeting of January 27, 2014 Item A10 Ordinance 18-O-14: Decreasing Class F Liquor Licenses Dominick’s Finer Foods For Introduction To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 18-O-14, Decreasing the Number of Class F Liquor Licenses for Dominick’s Finer Foods, LLC d/b/a Dominick’s Finer Foods - #1700 Date: January 8, 2014 Recommended Action: Staff recommends City Council adoption of Ordinance 18-O-14. Summary: Ordinance 18-O-14 amends Evanston City Code of 2012 Subsection 3-4-6-(F), as amended, by decreasing the number of authorized Class F liquor licenses from eight (8) to seven (7). Due to the closing of Dominick’s Finer Foods, LLC d/b/a Dominick’s Finer Foods - #1700, the liquor license associated with this business will no longer be in use. This “housekeeping” ordinance amends the City Code to reflect the decrease in Class F liquor licenses. ------------------------------------------------------------------------------------- Attachments: Ordinance 18-O-14 Memorandum 174 of 605 1-8-14 18-O-14 AN ORDINANCE Amending Subsection 3-4-6-(F) of the City Code to Decrease the Number of Class F Liquor Licenses from Eight to Seven (Dominick’s Finer Foods, LLC d/b/a Dominick’s Finer Foods - #1700, 1910 Dempster Street) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(F) of the Evanston City Code of 2012, as amended, is hereby further amended by decreasing the number of Class F liquor licenses from eight (8) to seven (7), to read as follows: (F) CLASS F licenses, which shall authorize the retail sale of alcoholic liquor in grocery stores, combination stores as defined in Section 3-4-1 of this Chapter, and wholesale clubs requiring membership in original packages to persons of at least twenty-one (21) years of age for consumption off the premises. The applicant for such license shall pay an initial fee of $35,000.00 and thereafter an annual fee of $11,500.00. 1. It shall be unlawful for a class F licensee to sell a single container of beer unless the volume of the container is greater than forty (40) ounces or 1.18 liters. It shall be unlawful for a licensee to bundle, tape, package, or otherwise manipulate single containers of beer for sale as a set. Any such manipulation of packaging shall be a violation of this Subsection. Nothing in this Subsection shall be construed as prohibiting the sale of packages containing six single containers of beer, including such packages consisting of various single containers of beer chosen by the consumer. 2. It shall be unlawful for a class F licensee to sell a single container of wine unless the container is greater than sixteen (16) fluid ounces or 0.473 liters. 3. It shall be unlawful for a class F licensee to sell a single container of alcoholic liquor, except beer and wine which are regulated by Subsections (F)1. and (F)2. of this Section, unless the container is greater than sixteen (16) fluid ounces or 0.473 liters. 4. The sale of alcoholic liquor at retail pursuant to the class F license may begin 175 of 605 18-O-14 ~2~ after 8:00 a.m., Monday through Sunday. Alcoholic liquor shall not be sold after the hour of 12:00 midnight on any day. 5. No such license may be granted to an establishment that is located within five hundred (500) feet of a licensee holding a class N liquor license. 6. A class F licensee shall provide a minimum of twelve thousand (12,000) square feet of production, preparation, and display area in which products are prepared and are for sale. The total number of class F licenses in effect at any one time shall not exceed eight (8) seven (7). SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2014 Adopted: ___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor 176 of 605 18-O-14 ~3~ Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 177 of 605 For City Council meeting of January 27, 2014 Item A11 Ordinance 20-O-14: Increasing Building Permit Fees For Introduction and Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee (A&PW) From: Mark Muenzer, Director of Community Development Jeffrey Murphy, Building and Inspection Services Manager Maleka Sumar, Management Analyst Subject: Ordinance 20-O-14, Amending Building Permit Fees Date: January 27, 2014 Recommended Action Staff recommends City Council approval of Ordinance 20-O-14 which will increase City of Evanston Building Permit Fees by $1.50 per $1,000 (from $12.00 to $13.50) for permits over $20,000 in construction value up to $1 million, and $2.50 per $1,000 (from $15.00 to $17.50) for permits over a $1 million. There will be no increase for permits with construction value under $20,000. This increase was included as a revenue enhancement item in the FY 2014 Budget and, if approved on January 27, 2014, will take effect February 1, 2014. Suspension of the Rules is requested for Introduction and Action on January 27, 2014. Summary The City Council adopted the Fiscal Year 2014 budget on November 18, 2013. As part of the budget process, the City Council considered a series of revenue enhancements and expenditure reductions proposed by staff in an effort to balance the general fund budget. The proposed building permit fee increase is included in the City’s FY2014 Budget and is projected to generate approximately $450,000 in revenue for general fund. Attachment: Ordinance 20-O-14 Fee Schedule Memorandum 178 of 605 1/13/2014 20-O-14 AN ORDINANCE Amending Ordinance 133-O-08 as it Pertains to Building Permit Fees NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: That Ordinance 133-O-08, which established certain fees relating to permits, licenses, and review or inspection procedures, is hereby deleted in its entirety and the Fee Schedule, attached hereto as Exhibit A and incorporated herein by reference, hereby substituted in lieu thereof. SECTION 3: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: That 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. 179 of 605 20-O-14 ~2~ SECTION 5: That this ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. Introduced: _________________, 2014 Adopted: ___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 180 of 605 20-O-14 ~3~ EXHIBIT A FEE SCHEDULE 181 of 605 PERMIT FEE SCHEDULE TABLE OF CONTENTS I BUILDING PERMIT FEES 2 II ZONING AND PLAN REVIEW FEES 3 III ELECTRICAL PERMITS 8 IV PLUMBING PERMITS 10 V WATER & SEWER PERMITS 11 VI GAS PIPING PERMITS 11 VII LAWN SPRINKLER PERMITS 11 VIII AUTOMATIC FIRE SUPPRESSION SYSTEM PERMITS 11 IX MECHANICAL PERMIT FEES 12 X LIFT, ELEVATOR & ESCALATOR FEES 13 XI BUILDING MOVING PERMITS 13 XII DEMOLITION PERMITS 13 A. Bonds (Demolition Permits) 13 XIII DRIVEWAY PERMITS 13 XIV SIGNS, AWNINGS, AND CANOPIES 14 XV MISCELLANEOUS PERMITS AND LICENSES 14 A. Stationary Engineers and Water Tenders Licenses 14 B. Contractors Registration/ License Fees 15 XVI TENT PERMIT FEES 15 XVII ANNUAL PERMIT FEES 15 XVIII PENALTY FEES 15 XIX WAIVER OF BUILDING PERMIT FEES 25 ~1~ 182 of 605 PERMIT FEE SCHEDULE I. BUILDING PERMIT FEES: A. BASIS OF BUILDING PERMIT FEES: For the purpose of determining a basis for computing building permit fees, the established cost of construction shall be determined by the Director of Community Development as follows: 1. The Director of Community Development will accept an estimate furnished to him by the applicant for the permit at the time of the application. 2. In every instance where a building permit is issued with a construction valuation of one hundred thousand dollars ($100,000.00) or more, the property owner and general contractor shall provide to the City at the conclusion of construction a sworn contractor's statement indicating the full and final construction cost of the project, less land cost. Upon presentation of said sworn statement, any permit fees due the City for costs over and above the cost-valuation submitted as construction valuation on the permit application form shall be immediately paid to the City. In cases of a construction cost less than the estimated valuation, the City shall refund the difference to the property owner or general contractor. 3. In cases of estimated construction valuation of less than one hundred thousand dollars ($100,000.00), the property owner and general contractor shall submit a sworn contractor's statement upon the written request of the Director of Community Development. 4. In cases of dispute of valuation, the owner shall produce, upon request of the Director of Community Development, copies of all contracts, change orders, and final waivers of lien for the subject building which may be submitted, at the discretion of the Director, to an architectural firm for review and a written cost opinion. Fees for the said review are to be paid by the property owner. Upon completion of the review, the Director shall render a final ruling as to fees due or to be refunded. 5. No final Certificate of Occupancy shall be issued until said sworn statement is submitted, and permit fees adjusted accordingly, and such fees and all costs, e.g., those relating to valuation disputes, are paid. 6. The plan review fee will be assessed on refunded permits or withdrawn projects. 7. The following fee structure includes first and second plan reviews. If a third and any subsequent review is required, a fee of ten percent (10%) of the original fee shall apply to the final cost per additional review. B. FEES FOR BUILDING PERMITS: The Fee to be charged for permits authorized by the City Code shall be paid to the City Collector and shall be paid as provided herein. No permit or amendment thereto shall be issued without the fee being paid. ~2~ 183 of 605 PERMIT FEE SCHEDULE 1. The fee for cost of work valuation of less than or equal to one million dollars ($1,000,000.00) shall be as follows: Building Permit Fees (Title 4, Chapter 2): Estimated Construction Cost Permit Fees 1 - 100 $ 28.00 101 - 1,000 $ 48.00 1,001 - 2,000 $ 64.00 2,001 - 4,000 $ 88.00 4,001 - 6,000 $ 124.00 6,001 - 8,000 $ 160.00 8,001 - 10,000 $ 196.00 10,001 - 12,000 $ 230.00 12,001 - 16,000 $ 293.00 16,001 - 20,000 $ 357.00 The fee shall be three hundred fifty-seven dollars ($357.00) plus thirteen dollars and fifty cents ($13.50) for each additional one thousand dollars ($1,000.00), or part of one thousand dollars ($1,000.00), of cost of work valuation over twenty thousand dollars ($20,000.00) until one million dollars ($1,000,000.00). 2. The fee for cost of work valuation greater than one million dollars ($1,000,000.00) shall be seventeen dollars and fifty cents ($17.50) for each one thousand dollars ($1,000.00), or part of one thousand dollars ($1,000.00), of cost of work over one dollar ($1.00). C. FENCE FEES: The fee for a permit to erect or install a fence shall be computed at the rate of twenty dollars ($20.00) for the first one hundred lineal feet (100’) or fraction thereof plus six dollars ($6.00) for each additional one hundred feet (100’) or fraction thereof. II. ZONING AND PLAN REVIEW FEES A. Plan review fee shall be based upon building floor area, computed in square feet from the exterior dimensions of length and width of each floor, including all basements, cellars, garages, and storage areas. B. PLAN REVIEW FEES: Work Value Plan Review Fee $ 0 - $ 9,999 $ 25.00 $ 10,000 - $ 49,999 $ 50.00 $ 50,000 - $ 99,999 $ 90.00 $ 100,000 - $ 149,999 $ 150.00 ~3~ 184 of 605 PERMIT FEE SCHEDULE Work Value Plan Review Fee $ 150,000 - $ 199,999 $ 200.00 $ 200,000 - $ 499,999 $ 0.002310 * $ 500,000 - $ 999,999 $ 0.002156 * $ 1,000,000 - $ 1,499,999 $ 0.001848 * $ 1,500,000 - $ 1,999,999 $ 0.001386 * $ 2,000,000 - $ 2,999,999 $ 0.001232 * $ 3,000,000 - $ 3,999,999 $ 0.001078 * $ 4,000,000 - $ 4,999,999 $ 0.000924 * $ 5,000,000 - $ 9,999,999 $ 0.000770 * $10,000,000 - and above $ 0.000616 * * Where a fee multiplier is given, the Plan Review Fee is computed as the product of the appropriate fee multiplier and the work value. C. ZONING ANALYSIS FEE: There shall be a base fee of fifty dollars ($50.00) for each zoning analysis issued pursuant to a request for analysis, except in cases where an application is filed solely for the purpose of correcting deficiencies identified in a previous analysis, in which case a fee of twenty-five dollars ($25.00) shall be paid. For zoning analyses of proposed construction of 0-10,000 square feet, the fee shall be eighty-five dollars ($85.00). For proposed construction of more than 10,000 square feet, the fee shall be one hundred thirty dollars ($130.00). Said fee(s) shall not apply to City proposals. The fee for zoning analysis done pursuant to an application for a building permit for which a permit is subsequently issued may be deducted from the building permit fee. D. CONSULTANT PLAN EXAMINATION: Fees hereby established shall not be applied to plan reviews to be conducted by agencies other than the Department of Community Development when such review is recommended by the Director. The applicant will pay to the City of Evanston such fees, as set by that agency and approved by the City Council. E. MINIMUM INSPECTION/ REINSPECTION FEES: The minimum charge for any required trade (mechanical, electrical or plumbing) shall be forty-five dollars ($45.00). F. CERTIFICATE OF OCCUPANCY: The fee for a final Certificate of Occupancy for residential buildings shall be twenty dollars ($20.00) for each residential dwelling unit. The fee to be charged for all other uses shall be fifty dollars ($50.00). The fee to be charged for a Certificate of Occupancy for part of a residential building (Temporary Certificate of Occupancy) shall be twenty dollars ($20.00) in addition to the fee for the final Certificate of Occupancy. A Temporary ~4~ 185 of 605 PERMIT FEE SCHEDULE Certificate of Occupancy for a portion of any commercial and/or institutional industrial building shall be one hundred twenty-five dollars ($125.00) for thirty (30) days. G. ZONING BOARD OF APPEALS FEES: Any application for a special use, a variation, or an unique use, shall be accompanied by a fee according to the following schedule: Special and Unique Use Application Fees Planned Development $3,000.00 Special or unique use in the following districts: B1, B2, B3, C1, C1a, C2, D1, D2, D3, D4, RP, O1. I1, I2, I3, U1, U2, U3, OS, and oH $ 365.00 Hospital Uses $ 600.00 Special or unique use for all uses in the MU, MUE, T1, and T2 districts other than single, two and multiple family uses $ 365.00 Drive-in Uses $1,000.00 Special and unique use in all residential districts and for single, two and multiple family uses in the MU, MUE, T1, and T2 districts $ 240.00 Substitution for an existing special use $ 300.00 Notwithstanding the previous schedule, a fee of only sixty dollars ($60.00) shall be charged for a special use involving only a one or two-family dwelling of accessory structures or uses thereto. Variation Application Fees All variations in the following districts: B1, B2, B3, C1, C1a, C2, D1, D2, D3, D4, RP, O1. I1, I2, I3, U1, U2, U3, OS, and oH $ 475.00 All variations in the following districts for uses other than single family, two family and multiple family dwellings: MU, MUE, T1, and T2 $ 475.00 Minor, major and family necessity variations in the following districts: R4, R5, and R6 $ 250.00 Minor, major, and family necessity variations for multiple family uses in the following districts: MU, MUE, T1, and T2 $ 275.00 Minor, major, and family necessity variations for single family, and two family uses in the following districts: MU, MUE, T1, and T2 $ 275.00 All variations in the following districts: R1, R2, and R3 $ 165.00 ~5~ 186 of 605 PERMIT FEE SCHEDULE Variation Application Fees Fence variations in the following districts for owner occupied single family, two family and multiple family dwellings: R4, R5, R6, MU, MUE, T1, and T2 $ 165.00 Fence variations in the following districts for uses other than owner occupied single family, two family and multiple family dwellings: R4, R5, and R6 $ 275.00 Fence variations in the following districts for single family, two family and multiple family dwellings that are not owner occupied: MU, MUE, T1, and T2 $ 275.00 The specified fee shall be applicable to each special use or variation included in an application except that any application for variations for an owner occupied residence within the R1, R2, or R3 Districts shall require only the applicable fee for a single variation and any applicable fee for a special use. H. ZONING AMENDMENT FEES: Any petition for amendment to the text or map of the Zoning Ordinance shall be accompanied by a fee of five hundred dollars ($500.00). I. TRANSCRIPT DEPOSIT & FEES: In addition to the fees set forth in II.G and II.H supra, all petitions and applications to the Zoning Board of Appeals and to the Plan Commission shall be accompanied by a transcript deposit of one hundred fifty dollars ($150.00) to be applied against the cost of preparing a verbatim transcript, except no deposit shall be required for properties containing single and two-family dwellings and for which the Zoning Board of Appeals is the final authority. Actual transcript preparation costs shall be paid by the applicant, appellant or petitioner, at a charge of seven dollars and fifty cents ($7.50) per page of transcript for proceedings before the hearing body. In the event that actual transcript costs exceed one hundred fifty dollars ($150.00), the applicant shall be responsible for the actual transcript costs. In the event that the actual transcript costs do not exceed the one hundred fifty dollars ($150.00) deposit, the resulting balance between the actual costs and the deposit shall be refunded to the applicant. An applicant may request that the City arrange for the production of the transcript within an expedited time frame of less than the normal number of days. The applicant shall pay a fee for the production of the expedited transcript of one dollar and fifty cents ($1.50) per page of transcript in addition to the basic charge. Alternatively, The applicant may arrange to supply verbatim transcripts of all proceedings regarding the application to the Board of Commission, provided further that the required transcript deposit fee shall be refunded to the applicant when a copy of verbatim transcripts, reflecting all proceedings regarding an application before the Board or Commission, is supplied to the Secretary. Transcript deposits and fees shall not apply to references to the Zoning Board of Appeals or the Plan Commission from the City Council. ~6~ 187 of 605 PERMIT FEE SCHEDULE J. FEES FOR REQUEST FOR CERTIFICATES OF ZONING COMPLIANCE: Any application for a Certificate of Zoning Compliance pursuant to Section 6-3-2 of the Zoning Ordinance shall be accompanied by the following fees. Major Home Occupation Permits $ 25.00 Administrative Interpretations, Temporary Uses and all other requests for Certificates of Zoning Compliance for single-family dwellings, two-family dwellings and multiple family dwellings with no more than three dwelling units. $ 25.00 Administrative Interpretations, Temporary Uses and all other requests for Certificates of Zoning Compliance for multiple family dwellings with more than three dwellings and all other uses $ 50.00 Notwithstanding the previous schedule, in instances where the application for a Certificate of Zoning Compliance is accompanied by a request for a zoning analysis the fee provisions of II C, “Zoning Analysis Fee” shall supersede the fee provisions of this item II J. K. PLAT APPROVAL FEES: Fees for City Council approval of plats of subdivision or consolidation shall be two hundred dollars ($200.00) per plat. L. ZONING FEE WAIVER: Notwithstanding the fee schedule set forth in II.G and II.H supra, and the deposit schedule set forth in II.I, the City Council shall have the authority to waive in whole or in part any fee or deposit for any hearing before the Zoning Administrator, Plan Commission or Zoning Board of Appeals, for referrals by any governmental agency, or for any other party when such fee would present hardship. An applicant for such a hardship waiver must present his request in writing to the Committee of the Whole outlining the degree of such hardship. Consideration may be given, among other reasons, to the extent to which the hardship was created by Council action, and the financial state of the applicant. M. APPEALS: Any appeal of an order or final decision made by the Zoning Administrator shall be accompanied by a fee of one hundred dollars ($100.00). ~7~ 188 of 605 PERMIT FEE SCHEDULE III. ELECTRICAL PERMIT FEES: A. BASIS FOR FEES: Electrical fees shall be computed according to circuits and amperes. The term “circuit” as used in the current National Electrical Code, shall mean ant set of branch wiring conductors which have been extended from a distribution center, and which may be utilized for the transmission of electrical energy. A minimum inspection fee in accordance with Section II-E hereof shall also be added. 1. In all use groups as defined in the current Adopted Electrical Code of the City of Evanston, the inspection fee for each nominal 15-ampere or 20-ampere two-wire branch circuit, Including fixtures, sockets or receptacles shall be: B. ELECTRICAL PERMIT FEES: (Title 4, Chapter 7) Circuits 15 Amperes 20 Amperes 30 Amperes 40 Amperes 50 Amperes 1 $ 12.00 $ 15.00 $ 24.00 $ 30.00 $ 36.00 2 $ 22.00 $ 29.00 $ 44.00 $ 58.00 $ 66.00 3 $ 30.00 $ 41.00 $ 60.00 $ 82.00 $ 90.00 4 $ 40.00 $ 53.00 $ 80.00 $106.00 $120.00 5 $ 48.00 $ 65.00 $ 96.00 $130.00 $144.00 6 $ 56.00 $ 75.00 $112.00 $150.00 $168.00 7 $ 64.00 $ 84.00 $128.00 $168.00 $192.00 8 $ 69.00 $ 94.00 $138.00 $188.00 $207.00 9 $ 78.00 $101.00 $156.00 $202.00 $234.00 10 $ 84.00 $110.00 $168.00 $220.00 $252.00 11 $ 89.00 $118.00 $178.00 $236.00 $267.00 12 $ 95.00 $124.00 $190.00 $248.00 $285.00 13 $ 98.00 $132.00 $196.00 $264.00 $294.00 14 $103.00 $140.00 $206.00 $280.00 $309.00 15 $110.00 $146.00 $220.00 $292.00 $330.00 16 $115.00 $152.00 $222.00 $304.00 $333.00 17 $118.00 $157.00 $236.00 $314.00 $354.00 18 $123.00 $165.00 $246.00 $330.00 $369.00 19 $125.00 $171.00 $250.00 $342.00 $375.00 20 $128.00 $176.00 $256.00 $352.00 $384.00 21 $130.00 $182.00 $260.00 $364.00 $390.00 22 $133.00 $189.00 $266.00 $378.00 $399.00 23 $134.00 $198.00 $268.00 $396.00 $402.00 24 $138.00 $204.00 $276.00 $408.00 $414.00 25 $143.00 $210.00 $286.00 $420.00 $429.00 ~8~ 189 of 605 PERMIT FEE SCHEDULE Additional 15 or 20 amperes: 26-50 $ 9.00 each additional circuit 51-75 $ 8.00 each additional circuit 76-100 $ 6.00 each additional circuit over 100 $ 4.00 each additional circuit Additional 30 or 40 amperes: 26-50 $18.00 each additional circuit 51-75 $16.00 each additional circuit 76-100 $12.00 each additional circuit over 100 $ 8.00 each additional circuit Additional 50 amperes: 26-50 $27.00 each additional circuit 51-75 $24.00 each additional circuit 76-100 $18.00 each additional circuit over 100 $12.00 each additional circuit B. The Inspection fee for the inspection of each electric motor or current- consuming device shall be as follows: One HP or larger $ 19.00 Each additional motor $ 8.00 Heating device $ 19.00 Each additional heating device $ 8.00 + .55 per KW C. The fees for the inspection of electrical interior communication systems and burglar and shall be as follows: Low voltage burglar, communication systems $ 30.00 The plan review fees for low voltage fire alarms are conducted by agencies other than the Department of Community Development. The applicant will pay fees as set by that agency. The plan review fees are in addition to the permit fees set forth in this ordinance. D. Permit fees for new services shall be as follows: 60-ampere service $ 21.00 each additional meter $ 12.00 100-ampere service $ 30.00 each additional meter $ 12.00 200-ampere service $ 38.00 each additional meter $ 12.00 400-ampere service $ 45.00 each additional meter $ 12.00 ~9~ 190 of 605 PERMIT FEE SCHEDULE 600-ampere service $ 80.00 each additional meter $ 12.00 800-ampere service $ 120.00 each additional meter $ 12.00 1000-ampere service $ 150.00 each additional meter $ 12.00 1200-ampere service $ 200.00 each additional meter $ 12.00 1400-ampere service $ 240.00 each additional meter $ 12.00 1600-ampere service $ 260.00 each additional meter $ 12.00 1800-ampere service $ 300.00 each additional meter $ 12.00 For service ampere rating other than those listed, fee will be for each additional 100 amperes or fraction $ 20.00 1. Feeders: Feeders installed or increased in amperage on a separate installation shall be the same as service fees above. 2. New wires: Changing, moving, or altering any wiring apparatus, machinery or device in any way where new wires of a different size or, of a greater or lesser length, are installed, shall be classed as new work and a fee covering such work shall be required in accordance with the foregoing fee schedules. IV. PLUMBING PERMIT FEES: The fees for permits for the installation, alteration or extension of a plumbing system shall be: 1. Replacement of fixtures * $ 10.00 each 2. New installation of fixtures * $ 15.00 each 3. Water service or any alterations - each unit or floor $ 25.00 4. Hot water heaters, new or replacement $ 25.00 each * Definition of Fixture: Any device having either a water supply or drain connected to the plumbing system. ~10~ 191 of 605 PERMIT FEE SCHEDULE A minimum inspection fee in accordance with Section II-E hereof shall also be added. V. WATER & SEWER - PERMITS: The fee to be charged for sewer installation and repairs shall be as follows: Sewer repair $ 45.00 Water Service repair $ 45.00 Swimming pools $ 40.00 Sewer tap per 1.0 inch $ 7.00 Sewer Installation - first 50 $ 45.00 Each additional 50 feet (or fraction thereof) $ 15.00 Basins - per basin $ 45.00 VI. GAS PIPING - PERMITS: The fee for permits for installation of gas piping shall be twenty-five dollars ($25.00) for the first (25) lineal feet, plus ten dollars ($10.00) for (25) lineal feet or fraction thereof. VII. LAWN SPRINKLERS - PERMITS: The permit fee for lawn sprinkling systems shall be thirty dollars ($30.00) plus one dollar ($1.00) per head. VIII. FIRE PLAN REVIEW FEES: The following fee structure shall include the first plan review, a re-review, permit and system acceptance testing. If a third review and subsequent review is required, a fee of fifty percent (50%) of the original fee shall be applied to the final cost. The permit fees for fire related systems are as follows: Sprinkler System Permit and Plan Review Fee 1 to 5 heads $100.00 6 to 20 heads $200.00 21 to 100 heads $350.00 101 to 200 heads $500.00 201 to 300 heads $600.00 Over 300 heads $700.00 + $1 per sprinkler head over 300 Fire Pump Review and Permit Fees (If not part of system) Flat Fee of $200.00 ~11~ 192 of 605 PERMIT FEE SCHEDULE Standpipe Fees (If not part of system) Flat Fee of $200.00 Gas Suppression Systems 1 to 50 pounds $225.00 51 to 100 pounds $350.00 101 to 200 pounds $450.00 Over 200 pounds $600 plus $.50 cents per pounds over 200 Fire Alarm System Permit Fee and Plan Review Fee 1 to 10 devices $200.00 11 to 25 devices $300.00 26 to 50 devices $425.00 51 to 75 devices $550.00 Over 75 devices $700.00 plus $5 per device Wet Chemical Kitchen Hood Suppression System Per hood $225.00 IX. MECHANICAL PERMIT FEES: A. Fee based on mechanical contract price: Value of Contract More Than Less Than Fee $ 0.00 $ 500.00 $ 20.00 $ 501.00 $ 1,000.00 $ 30.00 $ 1,001.00 $ 3,000.00 $ 45.00 $ 3,001.00 $ 5,000.00 $ 60.00 $ 51001.00 $10,000.00 $112.00 $10,001.00 $25,000.00 $256.00 $25,001.00 $50,000.00 $500.00 Above $50,000.00 add $ 10.00 per $ 1,000.00 B. New or Replacement Furnace or A/C Unit: $40.00 C. New or Replacement Boiler: $40.00 D. New or Replacement Process Equipment: $40.00 ~12~ 193 of 605 PERMIT FEE SCHEDULE X. LIFT FEES: A. ELEVATORS: 1. Five stories and under: $70.00 each elevator. 2. Over five stories: $70.00 plus $10.00 per additional story per elevator. B. ESCALATORS: $50.00 each C. HELICOPTER USAGE FOR CONSTRUCTION: Five hundred dollar ($500.00) fee plus any costs incurred by the City for public safety. D. EXISTING ELEVATOR AND ESCALATOR SEMI-ANNUAL INSPECTIONS: 1. Five stories and under: $50.00 per elevator. 2. Six or more stories: $75.00 per elevator. XI. BUILDING MOVING PERMIT: The fees will be assessed at the cost of city services. XII. BUILDING DEMOLITION PERMITS: The fee for demolition permits shall be computed on the cubic volume of the building or structure to be demolished as follows: Fifty dollar ($50.00) basic fee plus five dollars ($5.00) for each one thousand (1,000) cubic feet of volume. The cubic volume shall include the basement and/or cellar. BONDS (Demolition Permit): No demolition contractor shall perform work within the City unless, prior thereto he shall have filed in the Office of the City Clerk liability and surety of performance bonds in the sum of $150,000 to $300,000 in a form approved by the Corporation Counsel, upon sureties approved by the City Clerk. Any permits will be conditioned upon the applicant’s prior indemnification of the City from all claims arising out of work performed in the City by virtue of any permit issued to the demolition contractor, or by the Department of Community Development, and conditioned upon the restoration of any portion of public right-of-ways or excavations made by the permittee or at its direction to a safe and presentable condition. Such restorations shall be maintained in good order for a reasonable period thereafter. ~13~ 194 of 605 PERMIT FEE SCHEDULE XIII. DRIVEWAY PERMITS: The fee for driveway permits shall be twenty-five dollars ($25.00) for residential buildings and fifty dollars ($50.00) for all other driveways. "Residential buildings" are defined in the Zoning Ordinance. XIV. SIGNS, AWNINGS, AND CANOPIES: A. SIGN PERMIT FEES: 1. Non-illuminated Signs (unless temporary): $21.00 2. Illuminated Signs & Scoreboards: $25.00 plus $0.20 per sq. ft. of gross surface area of each face thereof. 3. Temporary Signs: $20.00 4. Marquees, Fixed Canopies and Fixed Awnings: $26.00 plus $0.26 per sq. ft. of plan area. 5. Retractable Canopies, Fixed Awnings, and Retractable Awnings: $26.00 plus $0.26 per sq. ft. of plan area. B. ANNUAL SIGN INSPECTION FEE: Signs, Awnings with signage, and Canopies: Any sign, awning with signage, or canopy with signage, having a total surface area less than or equal to twenty-six square feet is subject an eleven dollar ($11.00) annual fee. The annual fee for any sign, awning with signage, or canopy with signage, having a total surface area more than twenty-six square feet is seventeen dollars ($17.00). Illuminated Signs, Awnings and Canopies: Any illuminated sign, awning or canopy is subject to an annual surcharge of three dollars ($3.00) is addition to any fee based upon surface area. C. APPEALS FOR VARIATION FROM SIGN ORDINANCE: $175.00 D. SIGN PENALTY FEES: If the annual sign fees are not paid within (60) days of date of renewal, the City of Evanston reserves the right to double the annual fees. If the annual fee is not paid within (120) days of the date renewal, the annual fee will be tripled. XV. MISCELLANEOUS PERMITS AND LICENSES: A. STATIONARY ENGINEERS AND WATER TENDERS LICENSE: The fee to be charged for the original license and for the annual renewal license shall be as follows: Stationary Engineer $ 50.00 annually ~14~ 195 of 605 PERMIT FEE SCHEDULE B. CONTRACTORS REGISTRATION/LICENSE FEES: The fee to be charged for the original license and for the annual renewal license shall be as follows: Building Contractors $ 100.00 Residential $ 125.00 Commercial Drain Layers $ 50.00 Electrical Contractors $ 50.00 HVAC Contractors $ 100.00 C. TANK PERMITS: The fee for installation of tanks to be used for the storage or handling of flammable liquids and chemicals shall be eleven dollars ($11.00) for each one thousand (1,000) gallons of capacity. The minimum fee for a tank removal is twenty-two dollars ($22.00). XVI. TENT PERMIT FEES: $30.00 XVII. ANNUAL PERMIT FEES: A. The fees to be charged for annual permits issued for a twelve (12) month period for minor repairs and additions to existing installations shall be as follows: Electrical $400.00 Plumbing $400.00 Carpentry $400.00 XVIII. PENALTY FEES: If work is commenced without a permit having been obtained, the permit fee shall be increased by seventy-five percent (75%) or two hundred fifty dollars ($250.00), whichever is greater. XIX. WAIVER OF BUILDING PERMIT FEES: Notwithstanding the fees set forth in Sections I, III, IV, V, VI, VII, IX, and X hereof, the City Council shall have the authority to waive in whole or in part any fees or deposit for any building permit for any governmental agency, or for any other party when such fee would present a substantial hardship. An applicant for such a hardship waiver must present his request in writing to the Planning & Development Committee outlining the degree of such hardship. Consideration may be given, among other reasons, to the extent to which the hardship was created by the Council action, and the financial state of the applicant. ~15~ 196 of 605 For City Council meeting of January 27, 2014 Item A12 Ordinance 4-O-14: Class C Liquor License to Egg Em on Clarke’s Inc., d/b/a Clarke’s For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 4-O-14, Permitting Issuance of a Class C Liquor License to Egg Em on Clarke’s Inc., d/b/a Clarke’s Date: December 30, 2013 Recommended Action: Staff recommends City Council adoption of Ordinance 4-O-14. This ordinance was introduced at the January 13, 2014 City Council meeting. Summary: Ordinance 4-O-14 amends Evanston City Code of 2012 Subsection 3-4-6-(C), as amended, to increase the number of authorized Class C liquor licenses to twenty (20), and permit issuance of a Class C license to Egg Em on Clarke’s Inc., d/b/a Clarke’s (“Company”), 720 Clark Street. This license will permit Company to sell alcoholic liquor for on premises consumption while complete meals are offered. Company shareholder/site manager Thomas Tsatas submitted application materials. Legislative History: At the December 5, 2013 Liquor Control Review Board meeting, Company requested issuance of a Class B (Restaurant/Hotel in Core Area) liquor license and the Board recommended the issuance of a Class B Liquor License. Due to the adoption of Ordinance 90-0-13 on October 14, 2013, effective January 1, 2014, the Company shall now receive a Class C liquor license in lieu of their request for a Class B liquor license. The new Ordinance/classifications are a result of the consolidation of 32 license classes into 25 license classes to be more customer/business friendly. ------------------------------------------------------------------------------------- Attachments: Ordinance 4-O-14 Application Minutes of the December 5, 2013 Liquor Control Review Board meeting Memorandum 197 of 605 12/17/2013 4-O-14 AN ORDINANCE Amending Subsection 3-4-6-(C) of the City Code to Increase the Number of Class C Liquor Licenses from Nineteen to Twenty (Egg Em on Clarke’s Inc., d/b/a Clarke’s, 720 Clark St.) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(C) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class C liquor licenses from nineteen (19) to twenty (20), to read as follows: (C) CLASS C licenses, which shall authorize the sale on the premises specified of alcoholic liquor only for consumption on the premises while food is available. Such licenses may be issued only to hotels or restaurants in the core area. Establishments holding C licenses must have some food service available when alcoholic liquor is being sold. The meaning of “hotel,” “restaurant,” and “core area” shall be as defined in Section 3-4-1 of this Chapter. The applicant for the renewal only of such licenses may elect to pay the amount required 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 $4,300.00. The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be $4,515.00. No more than nineteen (19) twenty (20) such licenses shall be in force at any one time. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this ordinance or application thereof to 198 of 605 4-O-14 ~2~ any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2014 Adopted: ___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 199 of 605 ~ ""UB"'__"""""'~ CilrolEvanston" City of Evanston Application for Liquor License o New business o Change of ownership/corporation A Corporation name: Egg Em on Clarke's Inc. B. Business name: Clarke's C. Previous business name (if dba changed): NA D. Business address (city, state, zip code): 720 Clark St. Evanston, IL.60201 E.Business telephone: 847-864-1610 F. Business website: c1arkesdiner.com G. Business Email H. Illinois business tax tom@clarkesdiner.com A Address applying for liquor license (exact street address): 720 Clark St.Evanston Zip code 60201 B. Full description of the location including floor layout, specific floors, rooms, etc. (attach a site plan): Single level existing full service restaurant for the past 27 years serving the community of Evanston since 1986. We are located in the same place since opening. See attached plan of location. C. Is the business required to be located within the "Retail Package Store Area"? DYes !!!l No If yes, is it located within the "Retail Package Store Area"? DYes 0 No A Business type:!!!l Restaurant 0 Hotel 0 Package store Describe the nature of the business 1 principal kind of business: o Grocery store o Club o Other (explain below): Diner,Family Restaurant, Full Menu Liquor to be served andlor sold:~Alcoholic Ii uor o Beer and wine onl o Wineonl Days and times liquor is served:!!!l Sunday from 12pm to !!!l Thursday from 11am to !!!l Monday 12am from 11am to 12am !!!l Friday 12am from 11am to 1am !!!l Tuesday from 11am to 12am !!!l Saturday from 11am to 1am !!!l Wednesday from 11 am to 12am Liquor will served or sold by: !!!l Glass 0 Bottle o Can !!!l Waitstaff and/or o Over the counter Submit Date: Approved Date:ICommission Date:Council Approval Dat Rev 04/05/2013 200 of 605 Corporation name:_E9:::::9_E_rn_on_C_lar_ke_'s_lnc_,doing business as:_C1_ar_ke_'s _ A.Does the applicant seek to sell and/or serve liquor upon the premises of a restaurant?IIIIl yes 0 no If your response is "No,"skip this section and proceed to section 5. B. Does the restaurant premises maintain and conduct business to the public as an establishment IIIIl yes 0 no where meals are actually and regularly served? C. Does the restaurant provide adequate and sanitary kitchen and dining room equipment and IIIIl yes 0 no capacity, with sufficient employees to prepare, cook, and serve suitable food? How many tables are or will be in the restaurant? What is the seating capacity? D. Is there an existing or proposed menu? If your response is "Yes," please attach the menu.IIIIl yes 0 no E.Does the restaurant currently hold or has applied for a City of Evanston food license?IIIIl yes 0 no If your response is "Yes," what is the expected issue date? A. Does the applicant seek to sell and/or serve liquor upon the premises of a hotel?0 yes IIIIl no If your response is "No,"skip this section and proceed to section 6. B.Does the hotel premises maintain and conduct business to the public as an establishment where 0 yes 0 no meals are actually and regularly served? C. Does the hotel provide adequate and sanitary kitchen and dining room equipment and capacity,0 yes 0 no with sufficient employees to prepare, cook, and serve suitable food? D. Does the hotel have at least 50 regular rooms for transients?0 yes 0 no E.Does the hotel currently hold or has applied for a City of Evanston food license?0 yes 0 no If your response is "Yes," what is the expected issue date? A.Does the applicant seek to sell and liquor upon the premises of a package store?0 yes IIIIl no If your response is "No,"skip this section and proceed to section 7. B. Is the package store premises located in the "retail package store area" as defined by the 0 yes 0 no attached map? C. Is the package store used only for retail sale of alcoholic liquor in original packages to persons at 0 yes 0 no least 21 years of age for consumption off the premises? D. Has the applicant reviewed the Liquor Code definition of a "package store"?0 yes 0 no A.Does the applicant seek to sell and liquor upon the premises of a grocery store and/or 0 yes IIIIl no combination store?If your response is "No,"skip this section and proceed to section 8. B. Does the grocerystore premises consist of a grocerystore and combination store under one roof?0 yes 0 no C. Does the grocery store provide a minimum of 5,000 square feet of production, preparation, and 0 yes 0 no display for liquor sales? Approximately how many square feet are provided?sq.ft. 0,Does the grocery store currently hold or has applied for a City of Evanston food license?0 yes 0 no If your response is "Yes," what is the expected issue date? Rev,04105/2013 Application for a Liquor License 2201 of 605 Corporation name:Egg Em on Clarke's doing business as:_C_la_r_k_e_'s _ A. Does the applicant seek to sell and/or serve liquor upon the premises of a club? If your response is "No,"skip this section and proceed to section 9. B.What is the name of the club? C. Has the club been incorporated for over a year? If so, what is the date of incorporation? D. What is the address of the permanent headquarters of the club? E.Are two copies of club members' names and residence information attached? o yes ~no Dyes 0 no Dyes 0 no G. What are the objectives of the organization? H. Please provide a summary of club activities for the past year: I.Is the club private or public? o Private 0 Public A. Does the corporation own the premises for which this liquor license is being sought? If your response is "Yes,"proceed to section 10. B. Does the corporation possess a lease on such premises covering the full period for which such liquor license is sought? o yes I!!!no I!!!yes 0 no C.What is the period covered by the lease?to D.What is the name of the Landlord?Evanston Properties E.What is the address of the Landlord?(please include city, state,and zipcode.) 1305 Wiley Rd.#206 Schaumburg,IL 60173 Rev.04105/2013 Application for a Liquor License 3202 of 605 Corporation name:Egg Em on Clarke's Inc.doing business as:_C_I_ar_k_e'_s _ A.Has the owner or any relative had a business or liquor license revoked?0 yes ~no B. Is the owner disqualified to receive a license by reason of any matter or thing contained in 0 yes ~no Chapter 5 of the City of Evanston Code,other ordinance, and laws of the State of Illinois or other ordinances of the City of Evanston? C. Does the owner agree not to violate any laws of the State of Illinois, or of the United States, or ~yes 0 no any ordinance of the City of Evanston in the conduct of his or her place of business? D. Has the owner received assistance in preparing this application?If the response is "Yes," please 0 yes ~no provide the information below. name address telephone relationship I, the Applicant and/or duly appointed representative,have reviewed the prepared application and accept it as true and correct to the best of my knowledge.I agree to report any changes to the contents of this application,whether they occur before or after a license is issued, to the City of Evanston within 30 days. I agree to notify the City of Evanston of any and all changes in corporate stockholder shares, corporate officers and directors.Further, I understand that the liquor license issued is not transferrable. It is understood that the acceptance and deposition of the fee herein tendered does not constitute acceptance of the liquor license application. -S-jg-n-a-tu-re-a!AP;::~=-Date Rev.04/05/2013 Application for a Liquor License 4203 of 605 Corporationname:Egg Em on Clarke's dOingbUSinessas:_C_la_r_k_e_'s _ CII}'(JfEvanston' City of Evanston Liquor License Application AFFIDAVIT State of ) )SS County of ) The undersigned hereby makes application for a Class __liquor license.1/we swear (or affirm) that I / we will not violate any of the ordinances of the City of Evanston or laws of the State of Illinois or the laws of the United States of America in the conduct of the place of business described herein; that I have read and understand Title 3,Chapter 4 of the Evanston City Code;and that the statements contained in this application are true and correct. Signature of Applicant Subscribed and sworn J1<before me this~dayof ~11J~,20.L}L ~~~'-df-'-/1 Signature of Applicant (seal) OFFICIAL SEAL RENEE SCHOOosKv NO.TAAY PUBlIC.STATE OF ~ MY COMMISSION EXPIRES..... Rev.04/05/2013 Application for a Liquor License 5204 of 605 ~Cilp,f Evanston'CORPORATE INFORMATION FORM (Supplement A) Name of Corporation/Partnership:Eg gEm on Clarke lsi nc. Corporate Address: 720 Clark Street Evanston,IL. 60201 Corporate Ph #:847-864-161 0 Corporate Email:tom@c1arkesdiner.com FEI Date Corporation/Partnership was Organized: State Articles of Incorporation/Organization filed: Date Articles of Incorporation/Organization filed with Secretary of State: Date Certification of Incorporation/Organization was issued by Secretary of State: 09-22-1994 IL. 09-94 09-94 Are there any amendments to Articles of Incorporation? (if yes,provide date filed) DYes 0No Date Amendment Filed What are the total shares of stock created by this Corporation? Thomas Tsatas Has Corporation attached an organization chart/listing with Names,Title,Address and Percentage of Stock of Corporation officers and directors? Has the Corporation attached a file-stamped copy of Articles of Incorporation/Organ ization? DYes DYes 0No 0No Explain any existing options &names of persons concerned as they pertain to purchase or acquire stock at a future date: NA What is the objective of Corporation?Organize and run a successful Restaurant Has a Shareholder and/or Site Manager Background Form been completed for each person holding (5%) or more stock in this corporation? Corporate Information Form Rev.04/05/2013 ~Yes DNa 205 of 605 State of Illinois Domestic/Foreign Corporation Annual Report Year 2013 FILED Corporation File No 57995149 Oct 12, 2013 Jesse White,Secretary of State 1.Corporate Name EGG'EMON CLARKE'S, INC. Registered Agent '-'K.=E'--'-N'--'-N=ET-'-!H--'-'-'A--'-H=E::...N'-'-R-'--'Y _ Registered Office ONE NORTH LASALLEST STE 2200 City,IL,Zip Code,CountyC""-'--'H""'IC"-A""G""O'--'6""0""'60>!!'2""0""'00"-'0"-'C"-'O"'-'O""'K'-'--_ 2.EVANSTON IL 60201 3a.State or Country of Incorporation ~IL=---_3b.Date Incorporated/Qualified -"'°.0:..9-.=2:=..2----'-1""99"-4'--_ 4.The names and addresses of ALL officers &directors MUST be listed here! Officers Title PRESIDENT Name &Address THOMASTSATAS 720 CLARK ST EVANSTON 60201 Title SECRETARY Name &Address SAME Title DIRECTOR Name &Address THOMASTSATAS 3250 N. NATCHEZ CHICAGO IL 60634 5.If 51%or more of the stock is owned by a minority or female,please check the appropriate box o Minority DFemale DSoth 6.Number of shares authorized and issued as of -"0""6->-3""0'-"-2""0'-'-1"-3 _ Class Series Par Value Number Authorized Number Issued COMM 0.00000 100000 1000.000 7.The amount of paid-in-capital as of 06-30-2013 is $1000 8.All property owned by the corporation is located in Illinois and all businesstransacted by the corporationis in Illinois 9.Under the penalty of perjury and as an authorized officer,I declare that this annual report,pursuant to provisions of the Business Corporation Act,has been examined by me and is,to the best of my knowledge and belief,true,correct and complete. By THOMAS Authorized Officer Fee Summary FranchiseTax: $25.00 Filing Fee:$75.00 Penalty:$2.50 Interest:$1.00 TSATAS Title &Date 10-12-2013 Total Fee:$103.50 This documentwas electronically generatedat www.cyberdriveillinois.com206 of 605 File Number 5799-514-9 To all to whom these Presents Shall Come,Greeting: I,Jesse White,Secretary of State of the State ofIllinois,do hereby certify that EGG'EM ON CLARKE'S,INC., A DOMESTIC CORPORATION,INCORPORATED UNDER THE LAWS OF THIS STATE ON SEPTEMBER 22,1994,APPEARS TO HAVE COMPLIED WITH ALL THE PROVISIONS OF THE BUSINESS CORPORATION ACT OF THIS STATE RELATING TO THE PAYMENT OF FRANCHISE TAXES,AND AS OF THIS DATE,IS IN GOOD STANDING AS A DOMESTIC CORPORATION IN THE STATE OF ILLINOIS. In Testimony Whereof,I hereto set my handand cause to be affixed the Great Seal of the State of Illinois,this 12TH day of OCTOBER A.D.2013 Authentication #:1328500472 Authenticate at:http://www.cyberdriveillinois.com SECRETARY OF STATE 207 of 605 • ,."..,." tlJ~tr:rag.AP:r;l;CL)lS 0":tNCORPORATXON 01r ~~/IM ON C~ARKE'Sr ~N~. XNaO~?OIU.~;IIJ:)UNDER THm LAWS or THE STATE OF I:LLXNOIS HAW BB:a1N, ~XMmp IN THE OVFICE OF TaE SJCamTARY OF STATE AS PROVX»SD BY THE mUS~NlSS CORPO~T%ON ACT O~ILLINOIS,!N FORO.UULY 1,A.D.1984. 12ND _t:U'td 1U7~ JVew.a-g;~~J'!cg~.Yt &f<YQ~Y~¢9uw¢~ Yfak,o!Jf!&r~~~a/tlU9/~(peded*~~k~d<?J ~{¥'t.&~~~~an.d ~~co ~a/~ ¥~~.It.-¥k t7~c·I."~J~/)an", 1Itt ilItstim~"~Utb ...rt ~#«~ ~tA ~ 0/11 ~&aa,luuubqa,t'UUb~~_~~.....i8._.__ I,• " "208 of 605 'Form''';'SCA-21l 1 0/ARTICLES OF INCORPORATION 'fll'~:pUIil ttl/'us.by SO>IlIClUIY of $f~l. ~-«J?..t>V ~:;;>5 w .25s;:.-(~<..J- Dale Franehl~o '1'a1o: FlIll'Ig Fee Approved: 'f u ED, SEP 2'1994 GEORGE H.RYAN S:CRETARY OF sTArn PaYl'l"ltl'\t rollS!1>0 madca by CQlr1IIlQd ohoek,t,lukI4t'\'l Chock,lIt1nol,~I1Qr. ney's check,illinois O.P .14.'$chtck or money Oloer,payebl,to "Sectt1.ry Qf Sla\e.~ (AO<J,~~.~"~) Cleort,rl H:R)'an Seerehuyof S1at$ o.p~t1rM:ht of Business ServIces tprtn.gll~ld.lL 6275E1 " ''''.'''''..........."~,,••~_._"__l""""""""",,,.~.~••_.~,_",,,,_,.•,',~_'.--------------,.._~---- COOK SROUBISN. 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P.r.gr,,,h :'2:,Th,preferencu,e:tuamleatlOf'\~,llmltfiltlon,.tOSl~tle\fOl'lI Ilnd Slpedat or relatlvo rights In reSptct of'th4ll Shll.fGl51 of EUIQh OI%tilJ ~u.:'',',..·. ' ,, (If n¢"t tvHl(!f.,,1 ~".e.to oov.r '''1.poll'll.IIdd 01'\0 or m~,.41\"1'ofthlt ,IUt.)" ,.'.," . • ' ,,t '",. 209 of 605 ABRD®CERTIFICATE OF LIABILITY INSURANCE I DATE (MMfDD/YYYYJ 11/13/2013 PRODUCER (312)346-3090 FAX:(312)346-3098 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Phillips BroS Ins.Agency Ino ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2 N.LaSalle street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Suite 1606 Chi,pago IL 60602 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERk Lloyds Clarke's Restaurant Inc.,DBA:Clarke's INSURERB: 2441-45 N.Lincoln INSURERC:" INSURER0: Chi'cago I IL 60614 INSURERE: COVERAGES THE POLICIES OF INSURANCE LISTED BELOWHAVEBEENISSUEDTOTHE INSURED NAMED ABOVE FORTHEPOLICY PERIOD INDICATED.NOTWITHSTANDING MY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO VVHICH THIS CERTIFICATE MAYBE ISSUEDOR MAY PERTAIN,THE INSURANCE AFFORDED BYTHEPOLICIES DESCRIBED HEREIN IS SUBJECT TO AlL THETERMS,EXCLUSIONS AND CONDITIONS OFSUCH POLICIES.AGGREGATE LIMITS SHO\i\oN MAYHAVEBEENREDUCEDBYPAID CLAIMS. I~~r..o,.~·r POLICYNUMBER x~#,q'f..5';l;6~~,b~!rJ,fY EXPIRATION LIMITS ~NERAL LIABILITY EACH OCCURRENCE $1 000 000 ~~MERCIALGENERALL1ABILIlY ~~~~~~?E~~?encel $50 000 A -CLAIMSMADE W OCCUR BR12753 4/30/2013 4/30/2014 MED EXP (Anv Dna Iiersonl $1 000 f--PERSONAL&ADV INJURY $1 000 000 ~Deductible:.$1,000 GENERALAGGREGATE $2 000 000 Iil'LAGGRM LIMiT APflS PER:PRODUCTS· COMPIOPAGG $1 000 000 X'POLICY.~f2,:LOC ~TOMOBILE L1ABIUTY COMBINEDSINGLELIMIT $,.I'JNAUTO (Ea accident)- -ALL OWNEDAUTOS BODILYINJURY $ SCHEDULEDAUTOS (Per person) r-- f--HIREDAUTOS BODILYINJURY $ NON-GWNEDAUTOS (Per .oe>ident) r---- r--PROPERlY DAMAGE $(Per accident) qRAGE L1ABtLITY AUTO ONLY·EAACciDENT $ ANYAUTO OTHERTHAN EAACC $ AUTO ONLY:AGG $ axeess I UMBRELLA LIABILITY EACH OCCURRENCE $ =:J OCCUR D CLAIMSMADE AGGREGATE $ $~DEDUCTIBLE $ RETENTION $$ WORKERS COMPENSATION IT~~TfJlf~I IOJ~' AND EMPLOYERS'LIABILIlY .Y f N ANY PROPRIETORIPARTNERIEXECUTIVE D E.L. EACHACCIDENT $ OFFICERIMEMBER EXCLUDED? E.L DISEASE'· EA EMPLOYEE(Mandatory In NH)$ ~t~MtS~;6,Jj~lONS below E.L.DISEASE- POLICYLIMIT $ A OTHERLiquor Liability BRJ.2873 3/11/2013 3/11/2014 CSL $1,000,000 Dl:SCRIPTIONOFOPERATIONSI LOCATIONSf VEHICLESI EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Location:720 Clark St.,Evanston,IL Liquor Bond:Limit:$2,500 Policy ~106017928,Policy Period:11/6/13-14 City of Evanston named as Additional Insured. , CERTIFICATE HOLDER City of Evanston 2100 Ridge Ave. Evanston,IL 60201 ACORD 25 (2009/01) INS025 (200901).01 CANCELLATION SHOULDANYOFTHEABOVE DESCRlEleDPOLICIES ElECANCELLEDBEFORETIlE EXPIRA:nON DATETHEREOF,THEISSUINGINSURER WILL ENDEAVORTO MAIL ~DAYS WRlTTEN NOTICETOTHECERTIFICATEHOLDERNAMEDTO THELEFT,BUTFAILURETO DOSOSHALL IMPOSENO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTSOR REPRESENii\TIVES."' "J ©1988-2009 ACORD C:ORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD 210 of 605 SuretyBond #:_lO_6_01_7_92_8 ~_ CITY OF EVANSTON Cook County,illinois CORPORATE SURETY BOND (SupplementB) KNOW ALLMENBY TRESE PRESENTS,THATTREUNDERSIGNED EGGEMONCLARKE'SlNC. ,(Corporation) ofthe Cityof EVANSTON , Countyof cooK:andStateof ILI,INOIS a corporation organized andexistingunder the laws oftheStateof JLLINOIS ,as Principaland travelers Casualty and Surety Company of America,organizedand (Name of Surety Company). existingunderthelawsoftheStateof CONNECTICUT andlicensedto dobusinessin theCityof Evanston,CountyofCookandStateof illinois,hereinaftercalledthe sureties,as held and firmly boundunto theCityof Evanston,amunicipalcorporatiou,in the sum ofTWENTY-PIYE HUNDRED AND NO/IOO DOLLARS,for thepaymentwhereofto the Cityof Evanston,the principalandsaid sureties bind themselves,their heirs, executors,administrators and assignsjointly andseverallyfirmly bythese presents.Signed,sealedanddatedthis 6th'DAY OF November 2013 WHEREAS theabovenamedprincipalhasbeengrantedalicense as analcoholicliquordealerby the Liquor Control Commissioner ofthe CityofEvanstonunderthe provisionoftheTitle3, Chapter5,relatingtotheSaleofAlcoholicLiquor,oftheMunicipalCodeofthe Cityof Evanston,1984,and amendments thereto,which license willexpireonthe DAYOF _ NOW,TIJERBOF,theConditionoftheforegoingobligationis suchthat ifthesaid principal,his agentsand employees,shan comply with. . alltheprovisionsofTitle3,Cbapter 5,oftheMunicipal Code ofthe Cityof'Evanstonhereinbefore described,andanyand allother ordinances ofthe CityofEvanstonrelating to the operation ofthebusinessofAlcoholicLiquor,as definedinsaid ordinance;and ifsaid principal,his agentsor employees shallnot violate said ordinance orany ordinances,rules or regulations now in.force orwhichmay hereafterbe in forcein theCityof Evanstonaffectingthe operation of said business,then this obligationshallbe void;otherwise it shallremain in full forceandeffect PRlNCll'AL Signed,Sealed andDeliveredthis 6th EGGEM ON CLARKE'S me.. day of November 2013 By: Title: Stateof lLLINOIS ) ) SS. County of,--C_O_O_K_7 _'~~) (Affix Seal) SURETIES 2013Novemberday0[-',Signed,SealedandDeliveredthis 6tb )SS. Countyof ...-J By: Title: State of) )88. ) Travelers Casualty and Surety Company of America ~~~ Evonne Brown, MfQrlley-In-Fad-------------Title: By: Countyof Hartford---------'-'-------' Stateof CONNECTICUT (Affix Seal)(AffixSeal) Corporate SuretyBond 12104/08 211 of 605 Surety Bond#:_1_06_0_17_9_2_8 _ ) ) SS. )Countyof Kane______________--..J Stateof II.---------,---------' ACKNOWLEDGEMENT OF CORPORATE SURETY The foregoing instrument was acknowledgedbefore me by_E_v_onn_c_Br_o_Wll_,,--.:...:..this 6th day ,of November .2013 OFFICIAl SEAl KATHLEEN D STEWART NOTARY PUBUC·STATE OF ILUNOIS MY COMMISSION EXPIRES JUNE 20,2017 Notary Signature Corporate SurelyBond 12/04/08 2 212 of 605 WARNING:THISPOWER OF ATIORNEY IS INVAUD WITHOUT THE FlED BORDER ~TRAVELERSJ POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St. Paul Fire and Marino Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company ofAmerica UnitcdStates Fidelity and Guaranty Company Attorney-In Fact No.225662 Certificate No.005370932 KNOW ALL lHEN BY THESE PR1<:SENTS:That Farmington Casualty Company,Se Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company,St. PaulMercury Insurance Company,Travelers Casualtyand Surety Company,Travelers Casualty ami SuretyCompanyof America, and United States Fidelity and GuarantyCompanyare corporations duly organized under the laws of the State of Connecticut,that Fidelityand GuarantyInsurance Company isa corporationduly organized underthelawsof theStateof Iowa,and thatFidelityandGuarantyInsurance Underwriters,Inc.,is acorporationduly organized under the lawsof theStateof Wisconsin (herein collectively culledthe "Companies"),and thatthe Companies do herebymake,constituteand appoint carol F.Tasciotti,EV0ll11e Brown,AdeleM,Korczak,GraceVillarreal,Gail Schroeder,Cindy Genslinger,GinaM.Damato,Thomas A.Pictor, Michael Damewood,Rosemary Muliere,Kathy Anderson,Vaenessa Sims,Luisa Seymour,'Thomas N.Tague,BrendaD.Hockberger,Carlina A. Petersen,Tara S,Petersen,ToddD.Baraniak,Dale F.Poquette,OscarF. Rincon,Moises Alcantar,James P,Fagan,HeatherJ.Meneghetti, StephanieMiller,GraceLawrence,Ann Mulder,Matthew Donovan,Joanna L.Leggett,MatthewTobias,Lanna Reidenbach,WilliamMatthews, MaryD.Thomas,Anthony Engeltjes,RichardValente,Brendan Reilly,and AmberDerkson of the City of ............NapendlleiChicago .'Stateof Illinois .'their true and lawful Attorneytsj-in-Fact, eachin their separate capacity if more than oneis named above,tosign,execute,seal and acknowledge anyand all bonds.recognizances,conditional undertakings and other writingsobligatoryin the nature thereof on"behalfof the Companies in their business of guaranteeing the fidelityof persons,guaranteeingthe performance of contractsand executing or guaranteeing bonds and undertakings requiredor permittedin anyactionsor proceedings allowed by law. 15thINWITNESS'WJillREOF,the Companies have caused,thisinstrumentto be signed and their corporateseals to be hereto affixed,this _ dayof February .~. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St.Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company State of Connecticut City of Hartford ss. By:~RobertL.Raney,euior Vice President On this the 15th dayof February 2013 ,beforeme personally appearedRobertL.Raney,who acknowledged himselfto be theSeniorVicePresidentofFarmingtonCasualtyCompany,Fidelity and GuarantyInsuranceCompany,FidelityandGuarantyInsurance Underwriters,Inc.,St.Paul Fireand Marine Insurance Company,SLPaul Guardian InsuranceCompany,St. PaulMercuryInsuranceCompany,Travelers Casualtyand Surety Company.Travelers Casualty and Surety CompanyofAmerica,andUnitedStatesFidelityandGuaranty Company,and that he.as such,being authorizedso to do,executedthe foregoing instrumentfor the purposesthereincontainedbysigningonbehalfof the corporations by himselfasa duly authorized officer. In Witness Whereof,I hereuntosetmyhandand official seal. My Commission expiresthe30th day of June,2016. 1f\~C.j~ "'"Marie C.Tetreault.Notary Public 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVAUD WITHOUTTHE RED BORDER213 of 605 214 of 605 215 of 605 216 of 605 217 of 605 218 of 605 219 of 605 220 of 605 221 of 605 222 of 605 223 of 605 224 of 605 Page 1 of 4 MEETING MINUTES Liquor Control Board Thursday, December 5, 2013 11:00 a.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2750 Members Present: Mayor Elizabeth Tisdahl, Marion Macbeth, Byron Wilson, Dave Skrodzki Members Absent: Dick Peach Staff Present: W. Grant Farrar, Theresa Whittington Others Present: Walter Clements (Canova, Inc. - Sfuso-Style Café); Jesse Opdycke (Canova, Inc. - Sfuso-Style Café); Richard Sandrok (Brew Supply Store); Aimee Hanec (Trader Joe’s); Ed Kus (Trader Joe’s); Jeff Michael (The Crystal Residence); Margaret Gergen (The Crystal Residence); Harlan Powell (Lyfe Kitchen); Carey Cooper (Lyfe Kitchen); Gail Taggart (Lyfe Kitchen); Tom Tsatas (Clarke’s); Kenneth Henry (Clarke’s); John Kim (HKK); John Szostek (Piccolo Theatre); Jia Liang (Lao Sze Chuan) Presiding Member: Local Liquor Control Commissioner Elizabeth Tisdahl/Mayor CALL TO ORDER The Local Liquor Control Commissioner Elizabeth Tisdahl called the meeting to order at 11:00 a.m. All attendees introduced themselves and specified his/her role related to the meeting. CONTINUED BUSINESS Richard Sandrok, the Grain & the Grape, Homebrew and Winemaking Supply Retailer: The Liquor Board resumed its consideration of Richard Sandrok’s (RS) business model. RS seeks to sell equipment and supplies for home brew of beer and wine. Additionally, he plans to offer classes on home brewing that will involve storage during fermentation and tasting of final alcohol product. There will be no retail sale of beer. The business is geared towards hobbyists. Richard Sandrok (RS) presented the Board with research on similar businesses in neighboring jurisdictions and the types of licensing they carry. Some of the Board members questioned the need for a liquor license if the business is only selling supplies and raw materials for beer and wine making. Grant Farrar explained that the on-site fermentation, storage and tasting of alcohol necessitates a liquor permit. The Liquor Commissioner concurred with this assessment. 225 of 605 Page 2 of 4 The Liquor Commissioner directed Grant Farrar to draft language for a new liquor license class relevant to home brew supply stores with on-site storage and tasting of alcohol. Mr. Farrar will draft the ordinance and introduce it at the City Council meeting scheduled for January 13, 2014. Walter Clements, Canova, Inc (Sfuso-Style Wine Sales): The Liquor Board resumed its consideration of Walter Clement’s (WC) request to amend the Class AA liquor license class to allow for retail sale of wine sfuso-style in bulk wine containers. WC presented to the Board a sample of the type of container that wine would be dispensed in. The bottle is a half-gallon jug with a cap and seal. WC explained that under Illinois law he would be licensed at the State level as a first class wine manufacturer due to the fact that he intends to create custom blends of wine. Under state law the blended wine packaged on site is considered an “original package”. WC expects his Federal registration to be completed within 60 days with a goal to be up and running by April 1, 2014. WC discussed the type 1 restaurant requirement in class AA. He asked if the Board might consider amending class AA to allow for type 2 restaurants. Mayor Tisdahl expressed concern that City Council might object to such a change. Mr. Farrar agreed that Council may prefer a more intensive restaurant concept to accompany his retail wine service. WC asked the board for clarification on the square footage requirement for retail sales. Mr. Farrar explained that it was 20% of total square footage and that the wine tanks would be considered storage and inventory rather than retail space. WC was also provided with an explanation that service of alcohol on a sidewalk café must be accompanied by a complete meal. WC requested expansion of the hours of operation for a Class AA. He proposed Monday through Thursday until 11pm and Friday through Saturday until Midnight for food service and not necessarily retail wine sales. Mayor Tisdahl responded that expansion of hours is difficult to decide on without knowing the specific location under consideration. Grant Farrar requested copies of WC’s Federal and State applications for review. Discussion of this request is continued to the next LCRB meeting to allow for time for Mr. Clements to further solidify his business model and location. NEW BUSINESS Piccolo Theater, 600 Main Street, Evanston, IL 60202 John Szostek (JS) approached the board for consideration of a proposal to reduce the annual fee for a Class L license allowing for sale of beer and wine during a live theater performance. JS explained that Piccolo theatre produces 75 performance dates a year and estimates approximately 2,000 adults in attendance per year. The current annual license rate of $1300 for Class L is cost prohibitive for a theatre of his size and he estimates a net loss $770 is he were to obtain such a license. He seeks a reduced annual rate for the Class L license. JS feels that service of alcohol might increase attendance and provide an all around better experience for patrons. Mayor Tisdahl agreed that the annual fee seems too high and proposed a sliding scale rate based on theatre size. Marian Macbeth concurred. A fee structure that takes into 226 of 605 Page 3 of 4 account both number of performances and theater size was proposed. JS noted that in the theatre industry they often categorize theaters into groups of 50; 150 and 200 seat categories. Mr. Farrar said he would present the Board with a fee matrix at the next LCRB meeting. Egg ‘Em on Clarke’s Inc. d/b/a Clarke’s, 720 Clark Street, Evanston, IL 60201 Tom Tsatas (TT) requested consideration of application for issuance of a Class B (Restaurant/Hotel in Core Area) liquor license. TT explained that since opening Clarke’s in Evanston, rent and food costs have doubled and competition has increased. He seeks a liquor license to mitigate these extra expenses. 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. No concerns were voiced. The board recommended issuing a Class B Liquor License to be introduced at the City Council meeting on January 13, 2014. Trader Joe’s East Inc. d/b/a Trader Joe’s, 1211 Chicago Avenue, Evanston, IL 60202 Ed Kus, representing Trader Joe’s, requested consideration of application to upgrade from Class O liquor license (Grocery Store, beer/wine only) to Class N liquor license (Grocery Store, alcoholic liquor). 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. No concerns were voiced. The board recommended issuing a Class N Liquor License to be introduced at the City Council meeting on January 13, 2014. L3 Evanston, LLC d/b/a Lyfe Kitchen, 1603 Orrington Avenue, Evanston, IL 60201 Carey Cooper (CC) spoke on behalf of Lyfe Kitchen and requested consideration of application for issuance of a Class B (Restaurant/Hotel in Core Area) liquor license. CC explained that Lyfe Kitchen is a healthy food restaurant that serves food entrees that are 600 calories or less and also low in sodium. They have a location at Clark and Hubbard in Chicago and wish to expand to Evanston. They plan to offer 4 beer and 8 wine varieties on tap. They hope to be open by April 2014. 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. No concerns were voiced. The board recommended issuing a Class B Liquor License to be introduced at the City Council meeting on January 13, 2014. Horizon Group Management, LLC. d/b/a The Crystal Residence, 1611 Chicago Avenue, Evanston, IL 60201 Jeff Michael (JM) spoke on behalf of Crystal Residence and requested consideration of application for issuance of a Class B (Restaurant/Hotel in Core Area) liquor license. JM explained that the Northshore Hotel will be rebranding itself soon as The Crystal Residence. As part of its renovation, The Crystal Residence will be renovated into a premier class A retirement facility. Part of the renovation and addition includes expanding the dining experience to include alcoholic beverages primarily to residences. 227 of 605 Page 4 of 4 There will be a primary restaurant, a lounge, and ballroom. In the future they hope to open up the dining experience to the public or to guests of residents. Board members reviewed the application packet in advance of the meeting. Margaret Gergen of Horizon explained that the other serving staff will all obtain BASSET training. The Local Liquor Control Commissioner asked the members if there were any concerns over the request. No concerns were voiced. The board recommended issuing a Class B Liquor License to be introduced at the City Council meeting on January 13, 2014. A Bite of China, Inc., d/b/a Lao Sze Chuan, 1633 Orrington, Evanston, IL 60201 Jia Liang (JL) spoke on behalf of Lae Sze Chuan and requested consideration of application for issuance of a Class B (Restaurant/Hotel in Core Area) liquor license. JL explained that Lao Sze Chuan has operated restaurants in Chicago since 1988 with 11 different locations. They would like to expand into Evanston. He feels their food is compatible with beer and wine. They hope to open late January 2014. Board members reviewed the application packet in advance of the meeting. Theresa Whittington noted that an updated certificate of insurance was needed as well as BASSET certificates for some of the managers. JL promised to forward those items to her. The Local Liquor Control Commissioner asked the members if there were any concerns over the request. No concerns were voiced. The board recommended issuing a Class B Liquor License to be introduced at the City Council meeting on January 13, 2014. HKK, LLC., d/b/a HKK, 804 Davis, Evanston, IL 60201 John Kim (JK) spoke on behalf of HKK and requested consideration of application for issuance of a Class B (Restaurant/Hotel in Core Area) liquor license. The concept is a farm-to-table restaurant with full service bar. He hopes to open in mid-May 2014. Board members reviewed the application packet in advance of the meeting. Grant Farrar noted that BASSET certification is pending and should be completed prior to moving forward to City council. No further issues were noted with the application packet. The Local Liquor Control Commissioner asked the members if there were any concerns over the request. No concerns were voiced. The board recommended issuing a Class B Liquor License to be introduced at the City Council meeting on January 13, 2014. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Elizabeth Tisdahl, Mayor at 12:10 p.m., December 5, 2013. Respectfully Submitted, Theresa Whittington Liquor Licensing Manager, Legal Department 228 of 605 For City Council meeting of January 27, 2014 Item A13 Ordinance 5-O-14: Decreasing Class G Liquor Licenses for Trader Joe’s East Inc. For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 5-O-14, Decreasing the Number of Class G Liquor Licenses, Trader Joe’s East Inc. d/b/a Trader Joe’s #702 Date: December 30, 2013 Recommended Action: Staff recommends City Council adoption of Ordinance 5-O-14. This ordinance was introduced at the January 13, 2014 City Council meeting. Summary: Ordinance 5-O-14 amends Evanston City Code of 2012 Subsection 3-4-6-(G), as amended, by decreasing the number of authorized Class G liquor licenses now in force from two (2) to one (1). In October 2013, Trader Joe’s East Inc. d/b/a Trader Joe’s (“Company”), 1211 Chicago Avenue, was recommended for issuance of an upgraded liquor license, resulting in its relinquishing of its Class G liquor license for a Class F liquor license. This “housekeeping” ordinance amends the City Code to reflect the decrease in Class G liquor licenses. Legislative History: At the December 5, 2013 Liquor Control Review Board meeting, Company requested consideration of application to upgrade from a Class O liquor license (Grocery Store, beer/wine only) to Class N liquor license (Grocery Store, alcoholic liquor) and the Board recommended the issuance of a Class N Liquor License. Due to the adoption of Ordinance 90-0-13 on October 14, 2013, effective January 1, 2014, the Company shall relinquish their Class G liquor license, previously titled Class O. In addition, through a separate Ordinance, the Company will receive a Class G liquor license (previously named Class N). The new Ordinance/classifications are a result of the consolidation of 32 license classes into 25 license classes to be more customer/business friendly. Attachments: Ordinance 5-O-14 See Agenda Item A12 for Minutes of the December 5, 2013 Liquor Control Review Board meeting Memorandum 229 of 605 12-17-13 5-O-14 AN ORDINANCE Amending Subsection 3-4-6-(G) of the City Code to Decrease the Number of Class G Liquor Licenses from Two to One (Trader Joe’s East Inc., d/b/a Trader Joe’s #702, 1211 Chicago Avenue) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(G) of the Evanston City Code of 2012, as amended, is hereby further amended by decreasing the number of Class G liquor licenses from two (2) to one (1), to read as follows: (G) CLASS G licenses, which shall authorize the retail sale of beer and wine in grocery stores and combination stores as defined in Section 3-4-1 of this Chapter, and in original packages to persons of at least twenty-one (21) years of age for consumption off the premises. The applicant for such license shall pay an initial fee of $20,000.00 and thereafter an annual fee of $4,100.00. 1. It shall be unlawful for a class G licensee to sell a single container of beer unless the volume of the container is greater than forty (40) ounces or 1.18 liters. It shall be unlawful for a licensee to bundle, tape, package, or otherwise manipulate single containers of beer for sale as a set. Any such manipulation of packaging shall be a violation of this Subsection. Nothing in this Subsection shall be construed as prohibiting the sale of packages containing six single containers of beer, including such packages consisting of various single containers of beer chosen by the consumer. 2. It shall be unlawful for a class G licensee to sell a single container of wine unless the container is greater than sixteen (16) fluid ounces or 0.473 liter. 3. The sale of alcoholic liquor at retail pursuant to the class G license may begin after 8:00 a.m., Monday through Sunday. Alcoholic liquor shall not be sold after the hour of 12:00 midnight on any day. 4. A class G licensee shall provide a minimum of twelve thousand (12,000) square feet of production, preparation, and display area in which products are 230 of 605 5-O-14 ~2~ prepared and are for sale. The total number of class G licenses in effect at any one (1) time shall not exceed two (2) one (1). SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2014 Adopted: ___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 231 of 605 For City Council meeting of January 27, 2014 Item A14 Ordinance 6-O-14: Increasing Class F Liquor Licenses for Trader Joe’s East Inc. For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 6-O-14, Increasing the Number of Class F Liquor Licenses for Trader Joe’s East Inc. d/b/a Trader Joe’s #702 Date: December 30, 2013 Recommended Action: Staff recommends City Council adoption of Ordinance 6-O-14. This ordinance was introduced at the January 13, 2014 City Council meeting. Summary: Ordinance 6-O-14 amends Evanston City Code of 2012 Subsection 3-4-6-(F), as amended, to increase the number of authorized Class F liquor licenses from eight (8) to nine (9), and permit issuance of a Class F license to Trader Joe’s East, Inc. d/b/a Trader Joe’s #702 (“Company”), 1211 Chicago Avenue. This license will permit Company to retail sale of alcoholic liquor in grocery stores, combination stores, and wholesale clubs requiring membership in original packages to persons of at least twenty-one (21) years of age for consumption off the premises. Application materials were submitted with the assistance of Company legal counsel, Shefsky and Froelich. Legislative History: At the December 5, 2013 Liquor Control Review Board meeting, Company requested consideration of application to upgrade from a Class O liquor license (Grocery Store, beer/wine only) to Class N liquor license (Grocery Store, alcoholic liquor) and the Board recommended the issuance of a Class N Liquor License. Due to the adoption of Ordinance 90-0-13 on October 14, 2013, effective January 1, 2014, the Company shall now receive a Class F liquor license in lieu of their request for a Class N liquor license (and will be relinquishing its Class O (newly titled Class G) liquor license). The new Ordinance/classifications are a result of the consolidation of 32 license classes into 25 license classes to be more customer/business friendly. Attachments: Ordinance 6-O-14 Application Memorandum 232 of 605 See Agenda Item A12 for Minutes of the December 5, 2013 Liquor Control Review Board meeting 233 of 605 12-17-13 6-O-14 AN ORDINANCE Amending Subsection 3-4-6-(F) of the City Code to Increase the Number of Class F Liquor Licenses from Eight to Nine (Trader Joe’s East Inc., d/b/a Trader Joe’s #702, 1211 Chicago Avenue) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(F) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class F liquor licenses from eight (8) to nine (9), to read as follows: (F) CLASS F licenses, which shall authorize the retail sale of alcoholic liquor in grocery stores, combination stores as defined in Section 3-4-1 of this Chapter, and wholesale clubs requiring membership in original packages to persons of at least twenty-one (21) years of age for consumption off the premises. The applicant for such license shall pay an initial fee of $35,000.00 and thereafter an annual fee of $11,500.00. 1. It shall be unlawful for a class F licensee to sell a single container of beer unless the volume of the container is greater than forty (40) ounces or 1.18 liters. It shall be unlawful for a licensee to bundle, tape, package, or otherwise manipulate single containers of beer for sale as a set. Any such manipulation of packaging shall be a violation of this Subsection. Nothing in this Subsection shall be construed as prohibiting the sale of packages containing six single containers of beer, including such packages consisting of various single containers of beer chosen by the consumer. 2. It shall be unlawful for a class F licensee to sell a single container of wine unless the container is greater than sixteen (16) fluid ounces or 0.473 liters. 3. It shall be unlawful for a class F licensee to sell a single container of alcoholic liquor, except beer and wine which are regulated by Subsections (F)1. and (F)2. of this Section, unless the container is greater than sixteen (16) fluid ounces or 0.473 liters. 4. The sale of alcoholic liquor at retail pursuant to the class F license may begin 234 of 605 6-O-14 ~2~ after 8:00 a.m., Monday through Sunday. Alcoholic liquor shall not be sold after the hour of 12:00 midnight on any day. 5. No such license may be granted to an establishment that is located within five hundred (500) feet of a licensee holding a class N liquor license. 6. A class F licensee shall provide a minimum of twelve thousand (12,000) square feet of production, preparation, and display area in which products are prepared and are for sale. The total number of class F licenses in effect at any one time shall not exceed eight (8) nine (9). SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2014 Adopted: ___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor 235 of 605 6-O-14 ~3~ Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 236 of 605 237 of 605 238 of 605 239 of 605 240 of 605 241 of 605 242 of 605 243 of 605 244 of 605 245 of 605 246 of 605 247 of 605 For City Council meeting of January 27, 2014 Item A1 5 Ordinance 7-O-14: Increasing Class C Liquor Licenses for Lyfe Kitchen For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 7-O-14, Increasing the Number of Class C Liquor Licenses for L3 Evanston LLC, d/b/a Lyfe Kitchen Date: December 30, 2013 Recommended Action: Staff recommends City Council adoption of Ordinance 7-O-14. This ordinance was introduced at the January 13, 2014 City Council meeting. Summary: Ordinance 7-O-14 amends Evanston City Code of 2012 Subsection 3-4-6-(C), as amended, to increase the number of authorized Class C liquor licenses from twenty (20) to twenty-one (21), and permit issuance of a Class C license to L3 Evanston LLC, d/b/a Lyfe Kitchen (“Company”), 1603 Orrington Avenue. This license will permit Company to sell alcoholic liquor on for consumption on the premises while food is available. L3 Evanston LLC Manager Carey Cooper submitted application materials. Legislative History: At the December 5, 2013 Liquor Control Review Board meeting, Company requested consideration of application for issuance of a Class B (Restaurant/Hotel in Core Area) liquor license and the Board recommended the issuance of a Class B Liquor License. Due to the adoption of Ordinance 90-0-13 on October 14, 2013, effective January 1, 2014, the Company shall now receive a Class C liquor license in lieu of their request for a Class B liquor license. The new Ordinance/classifications are a result of the consolidation of 32 license classes into 25 license classes to be more customer/business friendly. Attachments: Ordinance 7-O-14 Application See Agenda Item A12 for Minutes of the December 5, 2013 Liquor Control Review Board meeting Memorandum 248 of 605 12/17/2013 7-O-14 AN ORDINANCE Amending Subsection 3-4-6-(C) of the City Code to Increase the Number of Class C Liquor Licenses from Twenty to Twenty-One (L3 Evanston, LLC, d/b/a Lyfe Kitchen, 1603 Orrington Avenue) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(C) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class C liquor licenses from twenty (20) to twenty-one (21), to read as follows: (C) CLASS C licenses, which shall authorize the sale on the premises specified of alcoholic liquor only for consumption on the premises while food is available. Such licenses may be issued only to hotels or restaurants in the core area. Establishments holding C licenses must have some food service available when alcoholic liquor is being sold. The meaning of “hotel,” “restaurant,” and “core area” shall be as defined in Section 3-4-1 of this Chapter. The applicant for the renewal only of such licenses may elect to pay the amount required 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 $4,300.00. The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be $4,515.00. No more than twenty (20) twenty-one (21) such licenses shall be in force at any one time. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this ordinance or application thereof to 249 of 605 7-O-14 ~2~ any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2014 Adopted: ___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 250 of 605 251 of 605 252 of 605 253 of 605 254 of 605 255 of 605 256 of 605 257 of 605 258 of 605 259 of 605 260 of 605 261 of 605 262 of 605 263 of 605 264 of 605 265 of 605 266 of 605 267 of 605 268 of 605 269 of 605 270 of 605 271 of 605 272 of 605 273 of 605 274 of 605 275 of 605 276 of 605 277 of 605 278 of 605 279 of 605 280 of 605 281 of 605 282 of 605 For City Council meeting of January 27, 2014 Item A16 Ordinance 8-O-14: Increasing Class C Liquor Licenses for Horizon Group Management, LLC, d/b/a The Crystal Residence For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Approval of Ordinance 8-O-14, Increasing the Number of Class C Liquor Licenses for Horizon Group Management, LLC, d/b/a The Crystal Residence, 1611 Chicago Avenue Date: December 30, 2013 Recommended Action: Staff recommends City Council adoption of Ordinance 8-O-14. This ordinance was introduced at the January 13, 2014 City Council meeting. Summary: Ordinance 8-O-14 amends Evanston City Code of 2012 Subsection 3-4-6-(C), as amended, to increase the number of authorized Class C liquor licenses from twenty-one (21) to twenty-two (22), and permit issuance of a Class C license to Horizon Group Management, LLC, d/b/a The Crystal Residence (“Company”) formerly called the North Shore Hotel, 1611 Chicago Avenue. This license will permit Company to sell alcoholic liquor on for consumption on the premises while food is available. Owner Daniel Michael submitted application materials. Legislative History: At the December 5, 2013 Liquor Control Review Board meeting, Company requested consideration of application for issuance of a Class B (Restaurant/Hotel in Core Area) liquor license and the Board recommended the issuance of a Class B Liquor License. Due to the adoption of Ordinance 90-0-13 on October 14, 2013, effective January 1, 2014, the Company shall now receive a Class C liquor license in lieu of their request for a Class B liquor license. The new Ordinance/classifications are a result of the consolidation of 32 license classes into 25 license classes to be more customer/business friendly. Attachments: Ordinance 8-O-14 Application Memorandum 283 of 605 See Agenda Item A12 for Minutes of the December 5, 2013 Liquor Control Review Board meeting 284 of 605 12/17/2013 8-O-14 AN ORDINANCE Amending Subsection 3-4-6-(C) of the City Code to Increase the Number of Class C Liquor Licenses from Twenty-One to Twenty-Two (Horizon Group Management, LLC, d/b/a The Crystal Residence, 1611 Chicago Avenue) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(C) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class C liquor licenses from twenty-one (21) to twenty-two (22), to read as follows: (C) CLASS C licenses, which shall authorize the sale on the premises specified of alcoholic liquor only for consumption on the premises while food is available. Such licenses may be issued only to hotels or restaurants in the core area. Establishments holding C licenses must have some food service available when alcoholic liquor is being sold. The meaning of “hotel,” “restaurant,” and “core area” shall be as defined in Section 3-4-1 of this Chapter. The applicant for the renewal only of such licenses may elect to pay the amount required 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 $4,300.00. The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be $4,515.00. No more than twenty-one (21) twenty-two (22) such licenses shall be in force at any one time. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this ordinance or application thereof to 285 of 605 8-O-14 ~2~ any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2014 Adopted: ___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 286 of 605 ~~~ ~,."--=::::: Ot}'l)fEvanston' City of Evanston Application for Liquor License !!!!I New business o Changeof ownership/corporation A.Corporation name: Horizon Group Management,LLC B.Business name: Horizon Realty Group d/b/a The Crystal Residence C.Previous business name (if dba changed): North Shore Retirement Hotel Zip code 60201Evanston G. BusinessEmailF. Businesswebsite: www.horizonrealtygroup.comjmichael@horizonrealtygroup.com E.Business telephone: D.Business address(city, state,zip code): 1611 Chicago Avenue,Evanston,IL 60201 A. Address applying for liquor license(exactstreetaddress): 1611 Chicago Avenue B. Full description of the locationincludingfloor layout,specificfloors,rooms, etc. (attacha site plan): Dining and banquet venues on first floor,lobby and public areas, including dining room, bistro,lounge and ballroom.(Site plan and room plans attached.) C. Isthe businessrequiredto be locatedwithin the "Retail PackageStoreArea"? o Yes !!!!I No If yes, is it locatedwithin the "Retail PackageStoreArea"? DYes 0 No A.Business type:!!!!I Restaurant 0 Hotel 0 Package store Describethe natureof the business 1 principalkind of business: o Grocery store o Club !!!!I Other (explain below): a-Residential Senior Community b-(In-house)Catering Department c-Dining Venues open to residents'families,guests and general public Liquorto be served andlor sold:~Alcoholicliquor o Beerandwine ani o Wine ani Daysandtimes liquoris served:!!!!I Sunday from 12 noon to 1 a.m. !!!!I Monday from 11 a.m.to 1 a.m. !!!!I Tuesday from 11 a.m.to 1 a.m. !!!!I Wednesday from 11 a.m.to 1 a.m. !!!!I Thursday !!!!I Friday !!!!I Saturday from 11 a.m.to 1 a.m.from 11 a.m.to 2 a.m.from 11 a.m.to 2 a.m. Liquorwill servedor sold by: !!!!I Glass !!!!I Bottle !!!!I Can !!!!I Waitstaff and/or 0 Overthe counter Rev 04/05/2013 287 of 605 A. Does the applicant seek to sell and/or serve liquor upon the premises of a restaurant?)(yes 0 no If your response is "No,"skip this section and proceed to section 5. B. Does the restaurant premises maintain and conduct business to the public as an establishment "'5t yes 0 no where meals are actually and regularly served? C. Does the restaurant provide adequate and sanitary kitchen and dining room equipment and )d yes 0 no capacity, with sufficient employees to prepare, cook, and serve suitable food?<D,..L..•.,•f \34-\S6~seeClt\oLhedsc:.h!-VYll:!-S A res~'(~.M\'\..../dn\\~';~f'. How many tables are or will be in the restaurant? What is the seatTtlg capacitY~):>b~'Iro Yl '2Z~4-.CU;I'I~I'i?-20 D. Is there an existing or proposed menu? If your response is "Yes," please attach the menu.}l:yes 0 no E. Does the restaurant~rently ho"@Jor has applied for a City of Evanston }po~license?~}§;.yes 0 no If your response is "Yes," what is the expected issue date?\.cc <L~1C::-c\) A. Does the applicant seek to sell and/or serve liquor upon the premises of a hotel?0 yes )(no If your response is "No,"skip this section and proceed to section 6. B. Does the hotel premises maintain and conduct business to the public as an establishment where 0 yes 0 no meals are actually and regularly served? C. Does the hotel provide adequate and sanitary kitchen and dining room equipment and capacity,0 yes 0 no with sufficient employees to prepare, cook, and serve suitable food? D. Does the hotel have at least 50 regular rooms for transients?0 yes 0 no E. Does the hotel currently hold or has applied for a City of Evanston food license?0 yes 0 no If your response is "Yes," what is the expected issue date? A. Does the applicant seek to sell and liquor upon the premises of a package store?0 yes )(no If your response is "No,"skip this section and proceed to section 7. B. Is the package store premises located in the "retail package store area" as defined by the 0 yes 0 no attached map? C. Is the package store used only for retail sale of alcoholic liquor in original packages to persons at 0 yes 0 no least 21 years of age for consumption off the premises? D. Has the applicant reviewed the Liquor Code definition of a "package store"?0 yes 0 no A. Does the applicant seek to sell and liquor upon the premises of a grocery store and/or 0 yes )eno combination store?If your response is "No,"skip this section and proceed to section 8. B. Doesthe grocerystore premises consist of a grocery store and combination store under one roof?0 yes 0 no C. Does the grocery store provide a minimum of 5,000 square feet of production, preparation, and 0 yes 0 no display for liquor sales?Approximately how many square feet are provided?sq.ft. D. Does the grocery store currently hold or has applied for a City of Evanston food license?0 yes 0 no If your response is "Yes," what is the expected issue date? Rev.04105/2013 Application for a Liquor License 2288 of 605 Corporation name:l-\or'l;lol"G rOLf NC.lV1Q3«VYleld:UaC5ing business as:'1he Cr~s'k\'l<esiehWlc.e...- A. Does the applicant seek to sell andlor serve liquor upon the premises of a club? If your response is "No,"skip this section and proceed to section 9. B. What is the name of the club? C. Has the club been incorporated for over a year? If so, what is the date of incorporation? D. What is the address of the permanent headquarters of the club? E. Are two copies of club members'names and residence information attached? Dyes )(no Dyes 0 no Dyes 0 no G, What are the objectives of the organization? H. Please provide a summary of club activities for the past year: I.Is the club private or public?o Private D Public A. Does the corporation own the premises for which this liquor license is being sought?0 no If your response is "Yes,"proceed to section 10. B. Does the corporation possess a lease on such premises covering the full period for which such 0 yes 0 no liquor license is sought?ij 0- C. What is the period covered by the lease?to v'-J o, D. What is the name of the Landlord?vt1Cl.. E.What is the address of the Landlord?(please include city, state, and zipcode.) lA-lo- Rev.04105/2013 Application for a Liquor License 3289 of 605 I i r:.'K "d".'.lfv~'.I,._ Corporation name:110YliOlQ G\rIOllf fvhvo::fmevrt)doing business as:lbe Qrlf:;A-c~:t .E'::,I C2JVlCQ.... A. Has the owner or any relative had a business or liquor license revoked?0 yes¥no B. Is the owner disqualified to receive a license by reason of any matter or thing contained in 0 yes yno Chapter 5 of the City of Evanston Code, other ordinance, and laws of the State of Illinois or other ordinances of the City of Evanston? C. Does the owner agree not to violate any laws of the State of Illinois, or of the United States, or ?'yes 0 no any ordinance of the City of Evanston in the conduct of his or her place of business? D. Has the owner received assistance in preparing this application?If the response is "Yes," please 0 yes ;:"no provide the information below. name address telephone relationship I, the Applicant and/or duly appointed representative,have reviewed the prepared application and accept it as true and correct to the best of my knowledge.I agree to report any changes to the contents of this application,whether they occur before or after a license is issued,to the City of Evanston within 30 days. I agree to notify the City of Evanston of any and all changes in corporate stockholder shares,corporate officers and directors.Further,I understand that the liquor license issued is not transferrable.It is understood that the acceptance and deposition of the fee herein te dered does not constitute acceptance of the liquor license application. Date Rev.04/05/2013 Application for a Liquor License 4290 of 605 ~~~~..~ CltyolEvanston' City of Evanston Liquor License Application AFFIDAVIT The undersigned hereby makes application for a Class ~liquor license.1/we swear (or affirm) that I / we will not violate any of the ordinances of the City of Evanston or laws of the State of Illinois or the laws of the United States of America in the conduct of the place of business described herein; that I have read and understand Title 3,Chapter 4 of the Evanston City Code;and that the statements contained in this application are true and correct. Subscribed and sworn to before me this l '3 dayof-t--_k_)_{)_\_)_-:----r'-JI-__---J ~:"',.. OFFICIAL SEAL JEFF MICHAEL NOTARY PUBLIC·STATE OF ILLINOIS MY COMMISSION EXP/RES:08I07/13 Signature ofApplicant (seal) Rev,04105/2013 Application for a Liquor License 5291 of 605 CORPORATE INFORMATION FORM (Supplement A) .;.;!)tj{;Jii)jij.;iii{:;,{')J0'jiij'.!V'ii{;{j'i!;!.;<.;.;..;.;Xi';..;/'';.; Name of Corpo!ation/Partnership:~~rl}!:(.l1I\G.roUtf tv\CvY\c~eYY\BKt I L\-..G Corporate Address:\94<0 w~L:wx-~.rnce..-/~h-\~o lL.lo0c40I Corporate Ph #:'11'3-51..'1-11..00 I Corporate Email:"J ~\~~\~iq )\.u.J!EIN: CI('\':JV'•.Xl:).)..(p.' -'J , )itiY;;i<'Yy;.;[',<,);;';';;;c;{!;',5,;';<;X';>';,F ';<i<;i;e';;;c.;'';/';';C'Y!5,'>;'55C ".;;Cx,··..;,i;;{ixpf::;iY!YC@iii:ii.;ii.C ",:,d',:,;i ,,;,>1,""i> Date Corporation/Partnership was Organized:ll-~-2000 State Articles of Incorporation/Organization filed:(H -<1 -A..OCO)ttL Date Articles of Incorporation/Organization filed with Secretary of State:\\-'i-2Ocro Date Certification of Incorporation/Organization was issued by Secretary of State:/I ~.C\~2.0 Are there any amendments to Articles of Incorporation?Date Amendment Filed IXJ Yes DNo 11-1- zool £1(if yes,providedatefiled)I't>-3·-20~2.. What are the total shares of stock created by this Corporation?lAjo., IOff-Yo '~Yes DNo Explain any existing options &names of persons concerned as they pertain to purchase or acquire stock at a future date: Ytj~ Has a Shareholder and/or Site Manager Background Form been completed for each person holding (5%) or more stock in this corporation? Corporate Information Form Rev.04/05/2013 ~Yes DNo 292 of 605 File Number 0047996-9 To all to whom these Presents Shall Come, Greeting: I,Jesse White,Secretary ofState ofthe State ofIllinois,do hereby certify that I am the keeper ofthe records ofthe Department of Business Services.I certify that ATTACHED HERETO IS A TRUE AND CORRECT COPY, CONSISTING OF 7 PAGE(S), AS TAKEN FROM THE ORIGINAL ON FILE IN THIS OFFICE FOR HORIZON GROUP ,MANAGEMENT, LLC. In Testimony Whereof,I hereto set my hand andcause to be affixed the Great Seal of the State of lllinoie,this 5TH day of NOVEMBER A.D.2013 Authentication #:1330902969 . Authenticate at:http://www.cyberdriveillinois.com SECRETARY OF STATE 293 of 605 Mustbe typewritten Thisspace loruseby Secretary ofSlate Illinois Limited Liability Company Act Articles of Organization FILED NOV 09 200n Thl**J)Qte for lit.by secretary Of Slale 0041996-9 $400.00 Date /1-1-(),) Assigned File It FlJlng FeeC\;" Approved:""""VD George H.Ryan Secretary of State Department of Business SelVlces Limited liability Company Division Room 359,Howlett Building Springfield,IL 62756 http://www.sos.state.i1.us Payment must be made by certilled check.cashier's check,illinois attorney'scheck,IIl1noisC.P.A.'scheck or moneyorder,payable to "Seoretary of Slate.' Form LLC-5.5 January 1998 OJ!- 1. Limited LiabilityCompany Name:_ Horizon Group Management,LLC NOV 0920002. (TheLLC name must contain thewords limited liability company,L.L.C.orLLCandcannot contain the terms ~OH'tit>"",~orp.,Incorporated, lnc.,ltd.•CO.,limited partnership.or L.P.)_A .IU Transactingbusinessunder an assumedname:[]yes 00 No (If YES,a Form LLC-1.20 Is required tobe completed and attached to these Articles.) 3. The address, including county, of its principal place of business:(Post office box alone and c/o areunacceptable.)""'--_ 3441 Dempster,Street,Skokie,Illinois 60077 Cook 4. 5. Federal Employer IdentifIcation Number(F.E.I.N.):a_p_p_l_~_'e_d_f_o_r _ The Articlesof Organizationareeffectiveon: (Checkone) a)~the filing date, or b)__anotherdate laterthanbut not morethan 60 days subsequent to the filing date:_ (month,oay,year) 6. The registered agent'sname and registered office addressis: Mitchell D.Pawlan Registeredagent: FirstName Middle Inl/lal Las/Name Registered Office: 211 Waukegan Road,Suite 300 (P.O.Box aloneand Number street Sul/e # C/O are unacceptable)Northfield 60093 Cook City ZIP Code COlJnty 7. Purposeor purposesfor whichthe LLC is organized:Includethe business code #(from IRS Form 1065) (Ifnot sufficient space tocoverthis point,add one or more sheets ofthis slze.) See attached 8. The latestdate, if any, uponwhichthecompany is to dissolve 12/31/2020 (month,oay.year) Any othereventsof dissolution enumerated on an attachment.(Optional) 294 of 605 LLC-S.S 9. Other provisions forthe regulation ofthe internal affairsoftheLLCper Sactlon 5-5 (a) (8)Included as attachment: DYes 00 No If yes,statetheprovisions(s)andthestatutorycite(s)from the ILLCA. 10. a)Management is vested,in wholeorinpart,inthe manager(s): Ifyes,list namesandbusiness addresses. See attached b)Management is vested,inwholeorIn part,bythe member(s): Ifyes,list namesand addresses. [KlYes DYes DNa 11. The undersigned affirms,under penalties of perjury,having authority tosignhereto,thatthese articles of organiza- tionareto thebestofmy knowledge and belief,true,correctand complete. Dated November 8,2 a00 19 __ Signature(s)and Name(s)of organizer(s)Business Address(es) 1.e~D )1.211 Waukegan Road,Suite 300 Nu~er StieelMiChcl;D.PaSJff.iJi¥!le Nort field (Type orprinlnameandtille)Illinois CityfTown 60093 (Name if a corporal/on orotherentity)Slale ZfPCode 2.2. Signature Number Slreet (Type orprlnlnameandtitle)CltyfTown (Nameif a corporation or other enlily)Stale ZIP Code 3.3. Signalure Number Street (Typeorprintnameandtitle)CltyfTown (Name/f a corporation orotherentity)State ZIP Code (Signatures must bein inkonan original document.Carbon copy,photocopy orrubberstamp signatures mayonlybeused on conformed coplas.) LLC·4.3 295 of 605 5S FILED NOV 092000 HORlZON GROUP MANAGEMENT, LLC ARTICLES OF ORGANIZATION SUPPLEMENTAL SCHEDULE Article 7 - PURPOSES: (a) To acquire, hold for investment, mortgage, manage, operate, lease, refinance, build, develop, restore, and sell real estate and to invest monies in other investment opportunities including but not limited to bonds, certificates of deposits, commodities, notes, options and stocks; to engage in any and all activities incidental or related to the above including, but not limited to the opening, maintaining and closing of banking accounts at financial institutions selected by the General Member in the Company name, the borrowing of money in the Company name and the pledging of Company assets for those transactions; and in all respects to act as an owner and operator of real and personal property, upon and subject to the terms and conditions of this Agreement; (b) To transact any and all lawful business for which a company may be formed under The IllinoisLimited Liability Company Act; (c) To transact all business necessary, appropriate or incidental to any of the foregoing provisions. Article lOCal - MANAGERS: Daniel Michael 3441 Dempster Street Skokie, Illinois 60077 Business Code: 525990 Martha Michael 3441 Dempster Street Skokie,Illinois 60077 296 of 605 FILED NOV 072001J_WHITE SCCRifARY OF STAfE Thh;space for USII by Secretary of State This Splice for use by Secretary of Stlltll FilingFee(see instructions). "ill:Mfi'I~ItlIiQ!retrti#l Must be typewritten Date )I'o 7,.z 0 ()I '?t.9 Assigned File #o 6 tr '1 9 ;p FilingFee $1/)0. Approved:':;if January2000 ~1\1l\111l\llllmrllll Form LLC-5.25 LC0059815 Illinois Limited Liability Company Act Articles of Amendment Payment may be made by business firmcheckpayable to Secretary 01 State. (If checkis returned foranyreasonthis II/Ing will be void}. Jesse White Secretary of Stale Departmenl of Business Services Limited Liability Company Division Room 351,Howlett Building Springfield,IL 62756 http://www.sos.state.lI.us PAID -NOVO 7 200100479969 Horizon Group MaIlagE'IllE'nt,lLC File number assigned by the Secretary of State:_ These Articles of Amendment are effective on [j]the file date or a later date being _ not to exceed 30 days after the file date. 1. Limited Liability Company name 2. 3. 4. The Articles of Organization are amended as follows: (Attach a copy of the text of each amendment adopted.) a)Admission of a new member (give name and address below) b)Admission of a new manager (give name and address below) c)Withdrawal of a member (give name below) --L d)Withdrawal of a manager (giVename below) ~e)Change in the address of the office atwhich the records required by Section 1-40 olthe Act are kept (give new address,including county below) --L t)Change of reg.isteredagent and/or registered agent's office (give new name and address, Including county below)(Address change of P.O. Box and clo are unacceptable) g) Change in the limited liability company's name (list below) h) Change indate of dissolution or other eventsofdissolution enume@!.edin item 8of theArticles ofOrganization ..L i)Other (give information below)frJ ~/V A GC-.e-rrl?~I?£',~ d) -ytJ/e) f) Martha Michael 3951 Dempster Street,Skokie,Illinois 60078 M1tch.ell-D.~P~lan- 55 W.'Mer-xoe Street Suite 3330 Chicago,Illinois 60603 ~~C·l1.3 297 of 605 LLC-5.25 5. This amendment was adopted by the managers. S. 5-25(3) a) Not less than minimum number of managers so approved. b}Member action was not required. 6. This amendment was adopted by the members. S. 5-25(4) Not less than minimum number of members so approved. Dves [lNo DVes DNo DYes ONa IKJ Ves 0 No 7.J affirm,under penalties of perjury, haVing authority to sign hereto, that this articles of amendment is to the best of my knowledge and belief, true,correct and complete. Dated _ (Month &Day)(Year) Danfal,Michael,Manager (Type or printNameandTitle) (If applicant is a companyor otherentity,stalenameof company andIndicatewhether itIsa memberor managerof theLLC.) INSTRUCTIONS:*Ifthe~change reported isa change in the registered agent and/or registered a1fiee, the filing fee is $25. If other changes are reported,the filing fee Is $100. LLC-l1.3 298 of 605 111\11 IIII I 1111 IIIIIII 1\ LC0102012 Form LLC-5.2b February2002 Jesse White Secretary of State Department of Business Services LimitedLiability Company Division Room351,Howlett Building Springfield,IL 62756 http://www.llsos.net Payment may be made by business firm check payable toSecretary ofstate. (If checkIs returned foranyreason this filing will be void.) Illinois Limited Liability Company Act Articles of Amendment FilingFee(see Instructions). 1-,1I:IMi.IU.lIIQ![!1lli. Mustbe typewritten This sps7cefor t"bV Secretary of State /0 3/~o(J ;;;; Date 17~9 q ~-Cf Assigned File #60 oC).oo FilingFee $I Approved:Ofv\ This space for use by Sec~tary Of Slalll FILED OCT 03 Z002 JESSE WHITE SECRETARY OF STATE 1.Limited Liability Company name Horizon Group Management.LLC ;)AID om 0 3ZOOl004799692. File number assigned bythe Secretary of State:---=-=--:....:....::.-=--=-=---------HI4--I+~f+Hjfl----- 3.These Articles of Amendment are effective on (J9 thefiledateora laterdatebeing notto exceed 30daysafterthefile date. . 4. The Articles of Organization are amended as follows:(Attach a copyofthetextof each amendment adoptsd.) a)Admission of anew member (give name and address below) b)Admission of anew manager (give name and address below) c)Withdrawal ofa member (give name below) d)Withdrawal ofa manager (give name below) x e)Change inthe address ofthe office at which the records required by Section 1-40oftheActarekept(give new address,Including county below) f)Change of registered agent and/or registered agent's office (givenew name and address,including county below)(Address change of P.O.Boxandcloare unacceptable) g)Change inthe limited liability company's name (list below) __h)Change indateof dissolution orotherevents of dissolution enumerated in item 8ofthe Articles of Organization x i)Other (give information below) e)&L)Manager's address changed - 4242 North Sheridan Road Chicago.Illinois 60613 'Cook-County LLC·l1.4 299 of 605 LLC-5.25 5. 6. This amendment was adopted bythe managers.S.5-25(3) a) Notlessthan minimum number of managers so approved. b)Member action wasnot required. This amendment was adopted bythe members.S.5-25(4) Notlessthan minimum number of members so approved. ~Ves DVes DVes £SAVes ~N O No No ~No 2002 '---'(Year)(Month &Day) Dated October I affirm,under penalties of perjury,having authority to sign hereto,thatthis articles of amendment Is to thebestofmy knowledge and belief,true,correctand complete. /$;; 7.' Daniel Michael!Manager (Type orprinlNameandTille) (Ifappllcanllsa company orotherentity,state name of company and Indicate whether Ills a member or manager ofthe LLC.) INSTRUCTIONS:*If the_change reportedisa change inthe registered agentand/orregisteredoffice, the filing fee Is$25. If otherchangesare reported.the filing fee is $100. LLC-l1.4 300 of 605 PAGEt LLC FU,E 00479969 .d2013 SECRETARY OF STATE JESSE WHITE STATE OF ILLINOIS LIMITED LIABU,ITY COMPANY ANNUAL REPORT (Form LLCARF -Rev,04/11/2013) **THIS REPORT CAN BE FILED ON-LINE ATwww.cyberdriveillinois.com WITH AN EXPEDITED FEE.* * Jifm FEE IS $250 LATE PENALTY OF $300. HORIZON GROUP MANAGEMENT,LLC JEFFREY E MICHAEL 1946 W.LAWRENCE AVE CHICAGO IL 60640 Item 7.:THIS REPORT MUST BE SIGNEDbya manager appearing in Item 4. Please type or print tilename of tile manager signing this report as well as tile date of signing.'If tile manager is not a natural person, typeor print tile name of tile entity on the space provided and print or type tile name of the person signing on behalf of the entity, as well as tile capacity in which he or she is signing. Checkthis box if the address of the principal place ofbusiness in item 3 has changed and MAll,IN THIS PORTION WITH THE ANNUAL REPORT. Checkthis box if any manager names or addresseshave changed in item 4 and MAll,IN THIS PORTION WITH THE ANNUAL REPORT. INSTRUCTIONS --PLEASE READ CAREFULLY BEFORE COMPLETING THIS FORM USE BLACK INK FOR ALL RESPONSES Verifythat the informationon this report is correct. Only Item 4. Verifythat tile names and addressesof the managers changes to managers and theprincipal place of business are correct. Make any changes on this form and check the address maybe madeon thisform.appropriatebox below.If there are morethan three managers youmust attach a list to this report setting forth the names and addresses of all additional managers. Please write the LLC's file number on all attachments,Mail in this portion of the report if any change is made. Item lb, To change tile name or address of tile registered agent, form LLC-1.36/1.37must befiled. Forms to report this and other changes are available from our website at www.cyberdriveillinois.com.Click on "PUblications",then "Business Services",then "LimitedLiability Company". Item 3. Verify that tile address of the principal place of business is correct. Makeany change on this form and check the appropriate box below.Note that a P.O. Box alone is not acceptable. Mail in this portion of the report if any change is made. o D DETACH AT PERFOllATION - DO..NOr.SUBMITA PHOTOCOPY~~~.~':'~:.:~.~.~.".:.'~~~'~';'~'.:_':;~~'.~~'-~.~'.;~~~,:'.i.~~"::::..•••••.:;:~:::':::::::::;::;;;;;;"'.'.':.,:;;::;; ;; ; ; ~ ; ~"",,'••'.';.~':;;;;,;;.'.;.;.;.'••'. la)LLC Name HORIZON GROUP MANAGEMENT,LLC 1b) Registered Agen~Office &City JEFFREYE MICHAEL 1946W.LAWRENCE AVE CHICAGO IL 60640 OR OFFiCE USE ONLY Annual Report for 2013 2a) Jurisdiction Illinois 2b) Date Org.lAdm 11/09/2000 File Number 00479969 3) Address of Principal Place of Business 1946W.LAWRENCE AVENUE CHICAGO IL 60640 FOR OFFICE USE ONLY .......... 4a·c Manaoer Name sand Addressfes 4a)MICHAEL,DANIEL 1946W.LAWRENCE AVE.CHICAGO IL 60640 4b) 4c) 5) The managers, which are entities, arestili Intact 6) Changes 10the registered agent or address in lIem 1 require the filing of form LLC-1.36f1.37. tra)Type or print name of manager from item 4 executing report. D CLV\\eJ ~\C~J ~7b~:r ~s nol a pers::;or prlnl name andIIl1eof person signing report. I affirm, under penalties of perjury,havingauthority to ~I.gn thereto. that thls'17C)Signalure Annual Report submitted pursuant to the Limited Liability Company Act, Is 10 the best of my knowledge and belief, true. correct and complete.L :.fj.~:...:':j;.~~::..:::....;,_~__---__....;._301 of 605 CERTIFICATE OF LIABILITY INSURANCE DATE 03 January 2014 PRODUCER Lange & Company 20 N. Wacker Drive Suite 960 Illinois 60606 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Horizon Group Management, LLC 1946 W. Lawrence Avenue Chicago ILLINOIS 60640 INSURER A:UNDERWRITERS AT LLOYD’S, LONDON INSURER B: INSURER C: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OF CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS R TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM/DD/YY) POLICY EXPIRATION DATE(MM/DD/YY)LIMITS GENERAL LIABILITY EACH OCCURENCE $ ¨COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire)$ ¨CLAIMS MADE ¨OCCUR MED EXP (Any one person)$ ¨_________________________PERSONAL & ADV INJURY $ ¨_________________________GENERAL AGGRREGATE $ GENERAL AGGREGATE LIMIT APPLIES PRODUCTS-COMP/OP AGG $ ¨POLICY ¨PROJECT ¨LOC AUTOMOBILE LIABILITY ¨ANY AUTO ¨ALL OWNED AUTOS ¨SCHEDULED AUTOS ¨HIRED AUTOS ¨NON-OWNED AUTOS ¨_________________________ ¨ COMBINED SINGLE LIMIT $ (Ea accident) BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY ¨ANY AUTO ¨ AUTO ONLY-EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY:AGG $ EXCESS LIABILITY ¨OCCUR ¨CLAIMS MADE ¨DEDUCTIBLE ¨RETENTION $ EACH OCCURRENCE AGGREGATE $ $ $ $ WORKERS COMPENSATION AND EMPLOYERS’ LIABILITY WC STATU- OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE-EA EMPLOYEE $ E.L. DISEASE – POLICY LIMIT $ A OTHER ILLINOIS LIQUOR LIABILITY LIQ/216242 03 January 2014 03 January 2015 $1,000,000 COMBINED SINGLE LIMIT DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS FOR THE PREMISES LOCATED AT :CITY OF EVANSTON IS INCLUDED AS AN ADDITIONAL INSURED AT 1611 CHICAGO AVENUE EVANSTON ILLINOIS 60201 CERTIFICATE HOLDER X CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OF REPRESENTATIONS. CITY OF EVANSTON 2100 RIDGE AVENUE EVANSTON ILLINOIS 60201 AUTHORIZED REPRESENTATIVE 302 of 605 Effective Date :!:!~.I,'.eml:!~E.J.l-th,~Q1-A.__._._... CITY OF EVANSTON Cook County,Illinois Surety Bond #:--'6"..,1...,8"-.:6"-'1",..9""2"'-=-1 _ CORPORATE SURETY BOND (Supplement B) KNOW ALL MEN BY THESE PRESENTS,THAT THE UNDERSIGNED Hod zon Group Managemen t,LLC (Corporation) ofthe City of _E_v_a_n_s_t_o_n , County of COQ.!5 _______and State of Illinois a corporation organized and existing under the laws of the State of __.._"... , as Principal and WESTERN SURETY COMPANY ...._.._..__,organized and existing under the law ofthe State of--.(Nanie-o{"Sul'ety Company)""······ ___.•$OU th Dakot.£L__._...._.and licensed to do business in ofthe City of Evanston,County of Cook and State ofIllinois,hereinafter called the sureties,are held and firmly bound unto the City of Evanston, a municipal corporation,in the sum ofTWENTY·FIVE HUNDRED AND NO/lOG DOLLARS,for the payment whereof to the City of Evanston,the principal and said sureties bind themselves,their heirs, executors,administrators and assigns jointly and severally firmly by these presents,Signed,sealed and dated this _J ..Jj:~DAYOF 2013 _._.. , WHEREAS the above named principal has been granted a license as an alcoholic liquor dealer by the Liquor Control Commissioner of the City of Evanston under the provision of the Title 3,Chapter 5,relating to the Sale ofAlcoholicLiquor, of the Municipal Codeofthe City of Evanston,1984,and amendments thereto,which license will expire on the _.1..~DAYOF November .•.~~, NOW,THEREOF, the Condition of the foregoing obligation is such that if the said principal,his agents and employees,shall comply with all the provisions ofTitle 3,Chapter 5,of the Municipal Code of the City of Evanston hereinbefore described,and any and all other ordinances of the City of Evanston relating to the operation of the business ofAlcoholicLiquor, as defined in said ordinance;and if said principal, his agents 01'employees shall not violate said ordinance or any ordinances,rules 01'regulations now in force or which may hereafter be in force in the City of Evanston affecting the operation of said business,then this obligation shall be void;otherwise it shall remain in full force and effect. (AffixSeal) County of _C=oc::O::..:k..:-..}ss SURETIES November (AffixSeal) Corporate Surety Bond 12104/08 r ! 303 of 605 State of SOUTH DAKOTA County of Minnehaha SuretyBond#:618 6}}~_ ACKNOWLEDGEMENT OF CORPORATE SURETY The foregoing instrument was acknowledged before me by yaul T, Brufl_a_t _ 11th Corporate Surety Bond 12104/08 November 2013 _, +~~~~~~~~~~~~~~~~~~~~~~~~+ ~S. PETRIK $ ~~NOTARY PUBLIC~~or~SOUTH DAKOTA oror~wO or+~~~~~~~~~~~~~~~~~~~~~~~+ My Commission Expires August 11,2016 304 of 605 Western Surety Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN SURETY COMPANY,a corporation organized and existing under the laws of the State of South Dakota, and authorized and licensed to do business In the States of Alabama, Alaska, Arizona,Arkansas,California,Colorado,Connecticut, Delaware, District of Columbia,Florida, Georgia, Hawaii, Idaho, Illinois, indiana, Iowa, Kansas,Kentucky,Louisiana, Maine, Maryland,Massachusetts,Michigan,Minnesota,Mississippi,Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina,North Dakota, Ohio, Oklahoma, Oregon,Pennsylvania,Rhode Island, South Carolina, South Dakota,Tennessee,Texas, Utah, Vermont, Virginia,Washington,West Virginia,Wisconsin,Wyoming, and the United States of America, does hereby make,constitute and appoint ___~J.'--'I'L J?"uflaL ___of _-_..Sioux Fa~l"-'l~s~__ State of South Dakota , Its regularly elected Vice President , as Attorney-in-Fact,with full power and authority hereby conferred upon him to sign, execute,acknowledge and deliver for and on its behalf as Surety and as its act and deed, the following bond: One .11.llilQL...<;;l-tY_Q.t..Evans tQ.!L _________ bond with bond number __.12J 861 Q.2.L __..._.___ for _..Hgri zan GJ;.Q.lliJ.......l1.9JJ~em~_n.t/~______.____ as Principal in the penalty amount not to exceed:$2,500.00 Western Surety Company furthercertifiesthat the following is a trueandexactcopyof Section 7 of the by-laws of Western Surety Company duly adopted andnowin force,to...wlt: Section 7.All bonds,policies,undertakings,Powers of Attorney,or other obligations of the corporation shall be executed in the corporate nameof the Company by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by suchother officers as the Board of Directors may authorize.The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys-in-Fact or agentswho shall have authority to Issue bonds,policies,or undertakings in the nameof the Company.The corporate sealIs not necessary forthe validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation.The signature of any suchofficerandthe corporate sealmaybeprintedby facsimile. In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its Vice President with the corporate seal affixed this ._....11th ._.__day of ...Nov~mber .......__, 2013 ATTEST ~~sistantSecretary WES~URET By ~n Paul To Bruflat,Vice President On this STATE OF SOUTH DAKOTA} ss COUNTY OF MINNEHAHA .~~tt~~~J~~f.~!,i.irV';,'t~_I.'4\~~~.~r \\;~"!"~~'Ii~~~5~~:~:.";::·;~'~····",'... ;if'~illi ,{},~',h'1'''2 ~~.i:(~~~;;~~~) 'ii'Cl-i,;''C:;''''''';'.l'i;)l.~,·'.~,...".;"H 'N [~~~~\~~'"··.t'l,jml!'I\\\~~ 11 th day of November 2013,before me, a Notary Public,personally appeared _____...Paul T._~Bruflat and .......!:<..Nels<;?n ._......_......__....._ who, being by me duly sworn,acknowledged that they signed the above Power of Attorney as Vice President and Assistant Secretary,respectively,of the said WESTERN SURETY COMPANY,and acknowledged said instrument to be the voluntary act and deed of said Corporation. +~~~~~~~~~~~~~~~~~~~~~~~~+ $S.PETRIK $ $~NOTARY PUBLIC~$ .r~SOUTH DAKOTA~.rsof +~~~~~~~~~~~~~~~~~~~~~~~+ My Commission Expires August 11,2016 Form F1975·1-2012 Notary Publict-...... 305 of 605 306 of 605 -- AOVANCEDESIGN&CGNCEPTS INC. CERTIFIES ThlAT ,...,.S;ET 5iINfJ,?/r HfJ7272ArI"IAiL) HAS SUCCESSFULlY COMPLETED A BASSET PROC3RAM. s~~1f#~d4Jl(~A -j \.- This card certifies successful completion of a course which complies with Section 2056.605of Title 77 Chapter 10of Illinois Rules and Regulations, Department of Alcoholism and Substance Abuse. ©ADVANCE DESIGN &CONCEPTS INC. 847-428-1744 _L __AmeriCard Technologies,Schaumburg.IL 307 of 605 AVG. LOT WIDTH -391.45'x AVG. LOT DEPTH: 170.30'=TOTAL LOT AREA OF 66,663.9 SQ. FT. - 28 CHICAGO AVE. BUILDING AREA =15,887 SQ. FT. 1619 CHICAGO EXISTING BUILDING AREA =127,922.0 SQ. FT. (SEE SEPARATE ANALYSIS BY FLOOR) TOTAL: 143,809.0 SQ.FT. SITE ZONING ANALYSIS 02.21.13 LJ::::J 1"=30'-0"\J.7 60''0'30'..o THE NORTH SHORE HOTEL 1611 CHICAGO AVENUE I EVANSTON,ILLINOIS ALLOWABLE BUILDING AREA - 66,663.9 SQ. FT.x 5.4 (RESIDENTIAL FAR.)=359,985.0 SQ. FT. • YEFSKI '"RCHITECTS,INC. e MYEFSKI ARCHITECTS.INC. 308 of 605 t I!!!I I!!!I OlNltlG~ I!!!I I!!!I I!!!I I!!!I I!!!I I!!!I ""'*"'.""""'" c = HORIZON REALTY GROUP 11611 CHICAGO AVENUE,EVANSTON,IL, 60201 NORTH SHORE RETIREMENT HOTEL 10130/13 $FIRST FLOOR PLAN SCALE: 1"= 20'-0" N MYEFSKI ARCHITECTSe201:3 MYE:F"Sl<:1 ARC~ITECTS.INC. I .L I r II lPlflGEl"Rf-RlNq1ctl 1 [ I r I r II I 1 I II ----~----~---------M------,II1----- J J [II J 'I IIItI r I [ I [ 1 I II 1 r II I [II I I 11 I I I r I .L 6R.o'oND e,o.L1.ROOH PRe-fUHCTlON -------, I I I I I I I-------' o 10' 20'40' 309 of 605 ~o I I::0 1,0/ InO~o~o o o o I / Q':/ I IliiJi / I I I sCB'liiJ" I I I I I I I I / I :6IIId I Y ~6IIId-------1 I I I I U~J!Ll :o~~----~ ,...-n ~:i ::I /;:0 ,j II ~0 ~P"«O ~~M 1/~ \\0::~•5'O~~P"« Q 0 riM P"«. :0 /I P"«~~.<>4 ott rio P"«.~0 ~P"«Mn riM1/1'0I~.~~\u!,L :i"F r;!,m"J=4 I t===Ui\i1iW11\I~ SEATING CAPACITY:134 SEATING CAPACITY:148 SEATING CAPACITY:+1r-156 DINING ROOM SCHEME 1 SCALE:3132";1'-0" I '.I DINING ROOM SCHEME 2 SCALE:3132";1'-0" DINING ROOM SCHEME 3 SCALE:3132";1'-0" YEFSKI RCHITECTS.INC. ;;.=:013 MY£'''S",1 A.~C"'ITCCT9.INC. NORTH SHORE RETIREMENT HOTEL HORIZON REALTY GROUP 11611 CHICAGO AVENUE,EVANSTON, IL,60201 08122113 FURNITURE LAYOUT SCHEMES DINING ROOM SCALE:3/32"=1'_0" 310 of 605 R.EAOl-lN WOlff< RZACH-lN WOlff<•~ wOOI i • 1 ~ i JCE3Jl _ -8 8 -00:8 ,I JiiiiiID i ,I •IWiH·:"gII, I I,-\L-..,. ....; SEATING CAPACITY: 26 SEATING CAPACITY:22 SEATING CAPACITY: 24 BISTRO SCHEME 1 SCALE:3/16"=1'-0" BISTRO SCHEME 2 SCALE:3116"=1'-0" ~STRO SCHEME 3 ~c~ YEFSKI RCHITECTS,INC. C ~OlZ ,,-VUSl<'....JlIe...1TC"CTS.,"'c, NORTH SHORE RETIREMENT HOTEL HORIZON REALTY GROUP EVANSTON, ILLINOIS 08121/13 FURNITURE LAYOUT SCHEMES BISTRO SCALE:3116"=1'-0" 311 of 605 // I ~····"······f!',,'_"..c',_!,-I -.<-.....'.'- ---';',r.," .,.,'.""""'•....•.n ..., n_,_. ',0.'"'__.:,....,~"!BID'-----',.I -- ------.,~--.-__":'_~,I 0,0oJo A 0/-,0 O'~OO~O0)0 SEATING CAPACITY (INCLUDING BAR): 18 YEFSKI RCHITECTS.INC. ©:':01:<:,,",YC,SKI ARCHITCCTG.INC. NORTH SHORE RETIREMENT HOTEL HORIZON REALTY GROUP I EVANSTON, ILLINOIS SCHEME 1 09.17.2013 LOUNGE FURNITURE LAYOUT SCALE: 1/4"=1'-0" 312 of 605 000 r.:: A 00 (\(~\ 00 0 (-'1 0"'-_/ 00 ~~,~-~ (\(i 00 SEATING CAPACITY (INCLUDING BAR): 20 YEFSKI ~RCHITECTS.INC. -e::012 MYCf"SIo:;I ARCHiTeCTS,INC. NORTH SHORE RETIREMENT HOTEL HORIZON REALTV GROUP I EVANSTON,ILLINOIS SCHEME 2 09.172013 LOUNGE FURNITURE LAYOUT SCALE:1/4"=1'-0" 313 of 605 0°0°1 '-11 \0 ° 0 ° 0°0°, 0°0° OOOO~ dL---U.''1::t:::.::f::F':="C:--==O=:=:::===~!:lb__.:f""'....~~ YEFSKI RCHITECTS.INC. ©2012 MYE:FSI(\ARCHITCCTS,INC. NORTH SHORE RETIREMENT HOTEL HORIZON REALTY GROUP I EVANSTON,ILLINOIS 08/01/2013 FURNITURE LAYOUT SCHEME BALLROOM SCALE: 1/8"=1'-0" 314 of 605 3lA10H lN3lA13HI13H 3HOHSH1HON KllKli(ta./l'li¥J OOOHailt.l./l:'1ll WZ!'I~'IDI»>J,'J<li"!l<,,/,nl\"'M1>MlliWll !-nSWllIWl"ld/iltHU'.lflSO()(}i 315 of 605 6{~v N~YllL -North Shore Breakfast Breakfast Specialties Home Made Cheese Blintz's with Strawberry Sauce and Sour Cream Grilled Bagel with Nova Lox and Cream Cheese Deluxe Fruit and Coijage Cheese Plate Cinnamon Raisin French Toast Smoked Turkey Eggs Benedict Corned Beef Hash with Poached Eggs Eggs any Style (2)with Breakfast Potato,Toast and Choice of Meat Daily Breakfast Special Ask your server Fluffy Three Egg Omelet with Choice of Fillings: Cheddar Cheese American Cheese Swiss Cheese Feta Cheese Diced Tomatoes Onion Green Peppers Broccoli Mushrooms Ham Nova Lox Spinach From The Griddle Buttermilk Pancakes Blueberry Pancakes Traditional French Toast Breakfast Sides Nova Lox (Smoked Salmon) Bacon Ham Hash Brown Casserole Yogurt Parfait Corned Beef Hash Sausage Breakfast Potatoes Fresh Fruit Cup Cottage Cheese Baked Goods Muffin Bagel with Cream Cheese or Butter Potato Knish English Muffin Freshly Baked Danish Toast Challah, White, Rye,Wheat or Multi Grain Cereals Q Oatmeal Cream of Wheat Cream of Rice Cold Cereal Frosted Flakes, Cheerios, Special K,Corn Flakes, Raisin Bran 316 of 605 \ v I 'i t I,) Bistro Menu Soup, Salad and Appetizers Home Made Matzo Ball Soup Tomato Basil Bisque Traditional Chicken Noodle Entree Salads Trio Salad Plate tuna, chicken and egg with assorted vegetables and greens Asian Chicken mandarin oranges, almonds, tomato and sesame noodle salad Traditional Chef Salad turkey, ham or beef, Swiss cheese with tomato and cucumber California Cobb Salad Plate grilled chicken, tomato, avocado and blue cheese Fresh fruit Plate fresh seasonal fruit selection with cottage cheese, Greek yogurt or sherbet Sandwiches Fresh Roasted Turkey Wrap herb cheese, avocado, tomato, arugula Oh So Good Caprese on Wheat Flat Bread fresh mozzarella, tomato, basil pesto White Fish Salad Wrap shredded spinach, plum tomatoes and caramelized red onion Lox and Bagel with Cream Cheese choice of caramelized red onion Traditional Deli Sandwich choice of freshly roasted beef, turkey, baked ham or grilled chicken with Lettuceand tomato on choice of bread Chicken,Tuna, Egg or Whitefish Salad Lettuce and tomato on choice of bread Char Gilled Sandwiches Fresh All-Natural Turkey Burger BBQ glaze, meltedjack cheese, lettuce and tomato Fresh Made Black Bean Burger Asian glaze, wasabi slaw on whole wheat bun 1/3 POUND ROCKY MOUNTAIN BEEF BURGER FRESH GRILLED MARINATED CHICKEN BREAST SANDWICH CREATE YOUR OWN.SELECTANYOFTHE FOLLOWING TO TOP OUR HAND FORMED 1/3 LB.BURGER. SERVED ON A FRESH BRIOCHE,KAISER ORWHOLEWHEATBUN. CHOOSE FROM BELOW: CHEDDAR CHEESE SWISS CHEESE BLUE CHEESE ICEBERG LETIUCE LEAFLETIUCE TOMATO SLICED REDONION GRILLED ONIONS SAUTEED PEPPERS SAUTEED MUSHROOMS AMERICAN CHEESE PROVOLONE CHEESE FETA CHEESE MAYONNAISE MUSTARD HORSERADISH SAUCE HERBED MAYO RELISH BARBEQUE SAUCE KETCHUP Bistro Entrees Oh So Good Hot Turkey Meatloaf Sandwich with macaroni and cheese and steamed carrots Hot Roast Brisket Sandwich smashed red skin potatoes, sauteed snap peas Daily Pasta Special ask your server for details 317 of 605 Desserts Our Famous Apple Cake New York Cheese Cake with Choice of Fruit Topping Home Made Cherry Crumb Tart Freshly Baked Carrot Cake Ice Cream Sundaes Hot Fudge,Strawberry or Carmel Milk Shakes Chocolate,Vanilla or Strawberry Dessert of the Day please askyourserver 318 of 605 Main Dining Room Menu Soup, Salad and Appetizers Home MadeMatzoBallSoup Our homemade matzo ball simmered in a rich chicken stock. Tomato Basil Bisque creamy tomato soupwith a touch of cream,seasoned withfresh basil. Traditional Chicken Noodle just likeMomusedto make,tender chicken with carrots,onions and celery in a rich chicken stockwith traditional egg noodles. Crisp Romaine Grilled CaesarSalad fresh chopped romaine lettuce,shaved Parmesan, toasted garlic ciabatta croutons with creamy Caesar dressing.Anchovies optional. Classic Field GreensSalad mixed greens with shredded carrot,cucumbers,grape tomatoes, toasted homemade croutons,white balsamic vinaigrette oryour choice of dressing Gefilte Fish Salad Plate traditional gefilte fish ona bed of shredded romaine lettuce with sliced beefsteak tomatoes anda thin sliceof red onion North Shore Miniature Beef Wellingtons a smaller version ofthe classic,grilled tenderloin of beef topped witha mushroom tapenade baked in a flakey puff pastry served witha rich demi- glace Assorted Mini Knishes a smallersize potato,broccoli and mushroom knish baked to a golden brown Grilled Sesame Chicken Skewers teriyaki glaze,tropical fruitsalsa Sun Dried Tomato Hummus with CrispSeaSalt Lavash Fresh Vegetable Spring Rolls sauce trio:cool salsa verde,aromatic lemongrass,sweet-hot red chili Entrees North Shore Fillet 6 oz.fillet encrusted with a mushroom tapenade and rich demi glace served with Dauphine potatoes and grilled asparagus Blackened 12 oz.Ribeye Steak topped with crisp homemade onion rings served with baked potato with choice of toppings and steamed broccoli Grilled Domestic LambChops accompanied byyour choice of demiglaceor mintjelly served with Dauphine potatoes and glazed baby carrots Baked Lake SuperiorWhite Fish traditional whitefish fillet drizzled with lemon andbutter topped with seasoned panko bread crumb baked to a golden brown served with broiled tomato and oven roasted potatoes Fresh Catch Broiled orGrilled roasted asparagus,wildricepilaf Grilled OhSoGood Salmo,n Cakes roasted asparagus,mushroom risotto and lemon-basil sauce All-Natural RoastChicken quarteryour choice of leg and thigh or breast and wing roasted with a special blend of herbs and spices to a golden brown served with steamed broccoli andwild ricepilaf Classic Duck a I Orange split canard roasted in a rich orange glaze served garnished with fresh thyme and mandarin oranges served with Dauphine potatoes and steamed broccoli. Chicken Parmesan lightly breaded chicken breast topped with homemade marinara sauce, mozzarella and parmesan cheeses baked to a golden brown served witha sideof penne pasta andgarlictoast Traditional Fettuccini Alfredoand Broccoli can be served with grilled chicken breast or grilled salmon Vegetarian Tasting Plate Chefs daily selections askyour server 319 of 605 Flatbreads Grilled Red Onion,Roasted Beetand Goat Cheese topped with Arugula Steak &Shitake Mushroom with Shredded Spinach and Teriyaki Glaze Caprese, Plum Tomato,Basil, Roasted Garlic and Melted Fresh Mozzarella Cheese Grilled Garlic Pesto Chicken fresh mozzarella cheese,balsamic onions,roasted red peppers, arugula Desserts A North Shore Hotel Classic,Bananas Foster prepared table side -bananas sauteed in brown sugar and rum flambe finished with Cointreau served over vanilla ice cream Our Famous Apple Cake moist cinnamon cake layered with apples and walnuts New York Cheese Cake Choice of Fruit Toppings creamy cheesecake witha graham cracker crumb base topped with your choice of cherry,blueberry or strawberry topping Home Made Cherry Crumb Tart sweet tart cherries ina rich glazed baked in aflakycrust topped with buttery crumb topping baked to a golden brown Freshly Baked Carrot Cake moist spice cake blended with pineapple,black walnuts and carrots baked to a golden brown,then layered with a rich cream cheese icing. Dessert of the Day pleaseaskyour server 320 of 605 NORTH SHORE LOUNGE SMALL PLATES IV I v \\- Crab Louie Dungeness crab,avocado,egg, grilled asparagus Trio of Pulled BBQ Chicken Sliders Grilled onions, pimento cheese,butter pickles Old Bay dusted, seared Maine diver scallops 0 Mushroom ragout,parsnip puree, roasted garlic and tomato Pretzel Crusted Rock Shrimp Parmesan, fine herbs,mustard aioli o o o o Ocean Cocktail 0 Smoked shrimp,Dungeness crab, lobster, compressed melon and cucumber relish, tomato cocktail chutney Pork Baby Back Ribs Sweet corn fritters, bourbon BBQ Black and Blue Sliders Ground chuck, blue cheese, grilled red onions, mushroom ragout Summer Vegetable Risotto (v) Corn, roasted tomato o o o North Shore Charcuterie Plate 0 Pastrami, smoked salmon and whitefish salad house made pickles & roasted chipolini onions, grilled pita bread and roasted red pepper hummus. 321 of 605 SOUPSAND SALADS LobsterBisque 0 Lobster &leek relish FiveOnionSoup 0 Briochecrouton, Gruyere cheese ClassicCaesar Salad 0 Baby romaine,parmesan crisp, crispy garlic baguette Salt Roasted Heirloom Beet and Arugula Salad 0 Goat cheese,grilled asparagus, poppy seed buttermilk Baby Iceberg Wedge 0 Crisp bacon,cherry tomatoes, crispy Vidalia onions,blue cheese, Poblanoranch dressing Beef Steak Salad 0 0 Hangersteak, Boston Bibb &romaine noble cheddarcheese, fried potatoes, Smoked red onion vinaigrette Grilled Shrimp &Baby Spinach Salad 0 Heirloomtomatoes, citrus, black pepper honeyvinaigrette FLAT BREADS Grilled Red Onion, Roasted Beet and Goat Cheesetopped with Arugula 0 Steak &Shitake Mushroom with Shredded Spinachand Teriyaki Glaze 0 Spicy Chipotle Shrimp with Grilled Pineapple, Feta Cheese 0 and Roasted Peppers Caprese,PlumTomato, Basil, Roasted Garlic and Melted 0 Fresh MozzarellaCheese Grilled Garlic Pesta Chicken fresh mozzarella cheese,balsamic onions, 0 Roasted red peppers, arugula 322 of 605 For City Council meeting of January 27, 2014 Item A17 Ordinance 9-O-14: Increasing Class C Liquor Licenses for Lao Sze Chuan For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Approval of Ordinance 9-O-14, Increasing the Number of Class C Liquor Licenses for A Bite of China, Inc., d/b/a Lao Sze Chuan, 1633 Orrington Avenue Date: December 30, 2013 Recommended Action: Staff recommends City Council adoption of Ordinance 9-O-14. This ordinance was introduced at the January 13, 2014 City Council meeting. Summary: Ordinance 9-O-14 amends Evanston City Code of 2012 Subsection 3-4-6-(C), as amended, to increase the number of authorized Class C liquor licenses from twenty-two (22) to twenty-three (23), and permit issuance of a Class C license to A Bite of China, Inc., d/b/a Lao Sze Chuan (“Company”), 1633 Orrington Avenue. This license will permit Company to sell alcoholic liquor on for consumption on the premises while food is available. Business Representative Patrick Deacon submitted application materials. Legislative History: At the December 5, 2013 Liquor Control Review Board meeting, Company requested consideration of application for issuance of a Class B (Restaurant/Hotel in Core Area) liquor license and the Board recommended the issuance of a Class B Liquor License. Due to the adoption of Ordinance 90-0-13 on October 14, 2013, effective January 1, 2014, the Company shall now receive a Class C liquor license in lieu of their request for a Class B liquor license. The new Ordinance/classifications are a result of the consolidation of 32 license classes into 25 license classes to be more customer/business friendly. Attachments: Ordinance 9-O-14 Application See Agenda Item A12 for Minutes of the December 5, 2013 Liquor Control Review Board meeting Memorandum 323 of 605 12/17/2013 9-O-14 AN ORDINANCE Amending Subsection 3-4-6-(C) of the City Code to Increase the Number of Class C Liquor Licenses from Twenty-Two to Twenty-Three (A Bite of China, Inc., d/b/a Lao Sze Chuan, 1633 Orrington Avenue) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(C) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class C liquor licenses from twenty-two (22) to twenty-three (23), to read as follows: (C) CLASS C licenses, which shall authorize the sale on the premises specified of alcoholic liquor only for consumption on the premises while food is available. Such licenses may be issued only to hotels or restaurants in the core area. Establishments holding C licenses must have some food service available when alcoholic liquor is being sold. The meaning of “hotel,” “restaurant,” and “core area” shall be as defined in Section 3-4-1 of this Chapter. The applicant for the renewal only of such licenses may elect to pay the amount required 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 $4,300.00. The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be $4,515.00. No more than twenty-two (22) twenty-three (23) such licenses shall be in force at any one time. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this ordinance or application thereof to 324 of 605 9-O-14 ~2~ any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2014 Adopted: ___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 325 of 605 326 of 605 327 of 605 328 of 605 329 of 605 330 of 605 331 of 605 332 of 605 333 of 605 334 of 605 335 of 605 336 of 605 337 of 605 338 of 605 339 of 605 340 of 605 341 of 605 342 of 605 343 of 605 344 of 605 345 of 605 346 of 605 347 of 605 348 of 605 349 of 605 350 of 605 351 of 605 352 of 605 353 of 605 For City Council meeting of January 27, 2014 Item A18 Ordinance 11-O-14: Increasing Class C Liquor Licenses for HKK, 804 Davis Street For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Approval of Ordinance 11-O-14, Increasing the Number of Class C Liquor Licenses for HKK LCC, d/b/a HKK, 804 Davis Street Date: December 30, 2013 Recommended Action: Staff recommends City Council adoption of Ordinance 11-O-14. This ordinance was introduced at the January 13, 2014 City Council meeting. Summary: Ordinance 11-O-14 amends Evanston City Code of 2012 Subsection 3-4-6-(C), as amended, to increase the number of authorized Class C liquor licenses from twenty- three (23) to twenty-four (24), and permit issuance of a Class C license to HKK LCC, d/b/a HKK (“Company”), 804 Davis Street. This license will permit Company to sell alcoholic liquor on for consumption on the premises while food is available. Business Representative Brian Huston submitted application materials. Legislative History: At the December 5, 2013 Liquor Control Review Board meeting, Company requested consideration of application for issuance of a Class B (Restaurant/Hotel in Core Area) liquor license and the Board recommended the issuance of a Class B Liquor License. Due to the adoption of Ordinance 90-0-13 on October 14, 2013, effective January 1, 2014, the Company shall now receive a Class C liquor license in lieu of their request for a Class B liquor license. The new Ordinance/classifications are a result of the consolidation of 32 license classes into 25 license classes to be more customer/business friendly. Attachments: Ordinance 11-O-14 Application See Agenda Item A12 for Minutes of the December 5, 2013 Liquor Control Review Board meeting Memorandum 354 of 605 12/17/2013 11-O-14 AN ORDINANCE Amending Subsection 3-4-6-(C) of the City Code to Increase the Number of Class C Liquor Licenses from Twenty-Three to Twenty-Four (HKK LLC, d/b/a HKK, 804 Davis Street) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(C) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class C liquor licenses from twenty-three (23) to twenty-four (24), to read as follows: (C) CLASS C licenses, which shall authorize the sale on the premises specified of alcoholic liquor only for consumption on the premises while food is available. Such licenses may be issued only to hotels or restaurants in the core area. Establishments holding C licenses must have some food service available when alcoholic liquor is being sold. The meaning of “hotel,” “restaurant,” and “core area” shall be as defined in Section 3-4-1 of this Chapter. The applicant for the renewal only of such licenses may elect to pay the amount required 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 $4,300.00. The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be $4,515.00. No more than twenty-three (23) twenty-four (24) such licenses shall be in force at any one time. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this ordinance or application thereof to 355 of 605 11-O-14 ~2~ any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2014 Adopted: ___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 356 of 605 357 of 605 358 of 605 359 of 605 360 of 605 361 of 605 362 of 605 363 of 605 364 of 605 365 of 605 366 of 605 367 of 605 368 of 605 369 of 605 370 of 605 371 of 605 JOHN KIM 2/3/2014 On-Premise BASSET Alcohol Certification 372 of 605 BRIAN HUSTON 2/4/2014 On-Premise BASSET Alcohol Certification 373 of 605 374 of 605 375 of 605 376 of 605 377 of 605 378 of 605 379 of 605 380 of 605 381 of 605 382 of 605 For City Council meeting of January 27, 2014 Item A1 9 Ordinance 10-O-14: Enacting a New “Class M” Liquor License For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Approval of Ordinance 10-O-14, Enacting a New Subsection 3-4-6-(M) of the City Code, “Class M” Liquor Licenses Date: December 30, 2013 Recommended Action: Local Liquor Commissioner recommends approval of Ordinance 10-O-14, “Amending City Code Section 3-4-6 By Creating the New Class M Liquor License.” This ordinance was introduced at the January 13, 2014 City Council meeting. Summary: On December 5, 2013, the Liquor Control Review Board convened a hearing to consider creation of a new class of liquor license, permitting licensees to sell beer as part of brew-it-yourself beer-making classes, parties, events, demonstrations and similar activities. The retail sale is to include: (1) tastings of beer that has been brewed on the premises; (2) storage on the premises of beer during its fermentation process; and (3) delivery of finished beer to the purchaser for consumption off premises. Consideration arose from a request by Richard Sandrok, who presented the proposal and presented testimony and facts that supported creation of the new class of liquor license. ------------------------------------------------------------------------------------- Attachment: Ordinance 10-O-14 See Agenda Item A12 for Minutes of the December 5, 2013 Liquor Control Review Board meeting Memorandum 383 of 605 12/17/2013 10-O-14 AN ORDINANCE Amending City Code Section 3-4-6 By Creating the New Class M Liquor License NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: That Subsection 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended by the enactment of a new Subsection (M) thereof, “Class M Liquor License”, to read as follows: (AD) CLASS M licenses, which shall authorize the retail sale of beer as part of brew-it- yourself beer-making classes, parties, events, demonstrations, and similar activities, all of which attended exclusively by persons at least 21 years of age, offered to the retail purchasers for a fee, which retail sale may include: (1) tastings of beer that has been brewed on the premises; (2) storage on the premises of beer during its fermentation process; and (3) delivery of finished beer to the purchaser for consumption off the premises. It shall be unlawful for the holder of a Class M license to provide a sample of or sell any beer before the hours of 10:00 a.m. or after the hour of 10:00 p.m. on any Monday, Tuesday, Wednesday or Thursday; before the hour or 10:00 a.m. or after the hour of 11:00 p.m. on any Friday or Saturday; and before the hour of 12:00 p.m. and after the hour of 10:00 p.m. on any 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 and renewal of such license shall be one thousand, five hundred dollars ($1,500.00). 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 one thousand, five hundred seventy five dollars ($1,575.00) 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 384 of 605 10-O-14 ~2~ hereby repealed. SECTION 3: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2014 Adopted: ___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 385 of 605 For Administration & Public Works meeting of January 27, 2014 Item APW1 Fencing/Netting Security of Parking Decks For Discussion To: Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/Chief Financial Officer Sean Ciolek, Architect / Project Manager Rickey A. Voss, Revenue/Parking Manager Subject: Security Netting/Fencing Discussion Date: January 21, 2014 Background: In November 2013 the Sherman Parking Deck and Maple Parking Deck were involved in jumping fatalities. Without going into needless detail, these are not the first incidents involving these structures. These tragic events happen from parking structures, tall buildings and bridges throughout the United States each year. Each community handles these situations according to their own specific circumstances. From a very preliminary review, Staff has found that communities respond in many ways including: • Taking no action: o Due to infrequency of the incident o Due to Cost or inability to implement • Place security systems at the facilities: o Security Measures that limit attendance or monitor activity at the facility o Security measures that reduce the access to areas of the facility that could be used in a suicide attempt • Increase training of staff at such facilities to: o Identify potential incidents prior to the actual event o Develop procedures for contacting emergency personnel Whether or not a community or property owner takes action can depend on many factors including: • Physical properties of the facility involved in suicide incidents o Natural facilities that have a large area to regulate are more difficult/costly o Providing security may reduce the attractiveness/value of the facility • Regulatory Issues • Community standards/values One of the major concerns over taking any regulatory action is the potential for the action to push the activity in question to an adjacent location. A common example of Memorandum 386 of 605 this situation is the more mundane issue of traffic and parking enforcement, wherein regulation has the potential to move a problem from one location to another. Fortunately, in preliminary research, regulating a structure to prevent these incidents does not necessarily move such activity to adjacent structures, and can reduce the occurrence of the activity. Options: As was stated previously, Staff research is very preliminary and moreover, staff does not necessarily possess the expertise to evaluate the appropriateness of next steps in our current situation. Over the past six months other incidents involving parking structures have occurred at Northern Illinois University, in Elmhurst in the downtown area adjacent to the Police Station and at a parking structure at Navy Pier in Chicago. Studies regarding parking structures and jumping incidents were much less prevalent than those involving buildings and bridges. One study provided by the International Parking Institute is very straightforward and somewhat shocking in its analysis, but does include the subjects of barriers, training and signage. The first page of the link below is not graphic but it is somewhat shocking. http://www.parking.org/media/129551/suicide%20and%20the%20parking%20garage.pdf Cornell University in Ithaca, NY had over 20 fatal jumping incidents over the past two decades. Because of this the University and Ithaca reviewed the issue in great detail over several years. After this analysis, millions of dollars were spent erecting safety nets along all of the bridges. Less than three years after installation the City voted to remove the nets in May 2013. Staff can provide multiple links on the Ithaca/Cornell history upon request. One possible valuable tool regarding this example is the “Means Restriction” report that was developed to discuss the issue from multiple perspectives. This report can be found at http://meansrestrictionstudy.fs.cornell.edu/studyDocs.cfm. Means Restriction is defined as methods to restrict the means of committing suicide on the campus. The Big Ten Universities were also analyzed in a 2005 study regarding suicide, which goes beyond the scope of this discussion but which points out the many issues involved in determining the need, and type of prevention efforts to be employed in any community. While the occurrence of two events in one month is very disturbing, it has not raised the long term frequency of events to a level that usually results in safety/regulatory steps being taken. However, in these tragic situations, statistical analysis is not the only factor and community involvement is needed in determining the best solution for Evanston. Assuming that the City is interested in moving forward with restricting the means of these events, staff researched preliminary costs as follows: Based on preliminary estimates on the cost of netting used on bridges at Cornell University, the cost per bridge was approximately $1.0 million. Translating this figure in in linear feet to the coverage needed at the City’s three decks results in a very rough estimate as follows: 387 of 605 $1.2 million for Sherman $2.2 million for Maple $1.4 million for Church (Estimate based on linear feet and could vary based on type of netting chosen) Alternatively, staff contacted a rooftop fencing firm to obtain costs for fencing that would cover the top of Sherman, Church and Maple facilities Based on this review, rough estimates for fencing are: $240,000 for Sherman $440,000 for Maple $300,000 for Church Neither one of these estimates include any type of infill panels at each floor opening. Based on input from the City Council, further research can be done regarding the need for such security, aesthetics and effectiveness. Less costly prevention efforts can involve signage and training as previously noted. Staff can begin work with CPS our contracted maintenance firm to develop examples of signage in use in other locations. These efforts have been instituted elsewhere, but surprisingly, there is very little on the web that shows pictures or examples of such signage. The City Law Department will need to evaluate any changes in liability exposure based on any actions made by the City in changing our parking structures. 388 of 605 PLANNING & DEVELOPMENT COMMITTEE MEETING Monday, January 27, 2014 7:15 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston Council Chambers AGENDA I. CALL TO ORDER/DECLARATION OF QUORUM: ALDERMAN WYNNE, CHAIR II. APPROVAL OF REGULAR MEETING MINUTES OF JANUARY 13, 2014 III. ITEMS FOR CONSIDERATION (P1) Ordinance 15-O-14 Amending the Zoning Ordinance with Regards to Distance of Air Conditioning Equipment from Lot Lines The Plan Commission and City staff recommend adoption of Ordinance 15-O-14 amending the Zoning Ordinance to reduce the required setback for air conditioning equipment to 8’ for most property lines, 6’ for interior side yards when the equipment is located within 2’ of the principal structure and appropriately screened, and 4’ for street side yards when the equipment is located within 2’ of the principal structure and appropriately screened. For Introduction (P2) Ordinance 3-O-14 Amending the Zoning Ordinance to Create Business or Vocational School Use and Amend the Definition of College/University Institution The Plan Commission and City staff recommend adoption of Ordinance 3-O-14 amending the Zoning Ordinance to establish a use category for Business or Vocational Schools with land use regulations as permitted uses in all Commercial, Mixed Use, and University Districts, and special uses in all other zoning districts, and amending the existing definition of College/University Institution to clarify the distinction between the two use categories. For Introduction IV. ITEMS FOR DISCUSSION (PD1) Disclosure of Landmark Properties and Historic District Properties V. COMMUNICATIONS VI. ADJOURNMENT 389 of 605 Planning & Development Committee Meeting Minutes of January 13, 2014 – 7:15 p.m. Council Chambers - Lorraine H. Morton Civic Center MEMBERS PRESENT: J. Fiske, J. Grover, D. Holmes, A. Rainey, M. Tendam, D. Wilson, M. Wynne STAFF PRESENT: D. Latinovic, M. Masoncup, M. Muenzer, B. Newman, M. Treto PRESIDING OFFICIAL: Ald. Wynne I. DECLARATION OF QUORUM A quorum being present, Chair Wynne called the meeting to order at 7:34 p.m. II. APPROVAL OF REGULAR MEETING MINUTES OF DECEMBER 9, 2013 Ald. Grover moved approval of the minutes of the December 9, 2013 P&D meeting, seconded by Ald. Fiske. The Committee voted unanimously 7-0 to approve the December 9, 2013 minutes. III. ITEMS FOR CONSIDERATION (P1) Ordinance 12-O-14, Granting Special Use for a Type 2 Restaurant, Harold’s Chicken Shack The Zoning Board of Appeals and City staff recommend adoption of Ordinance 12-O-14, granting a special use permit for operation of a Type 2 Restaurant, Harold’s Chicken Shack, at 337 Howard Street. For Introduction Ald. Tendam moved to recommend introduction of Ordinance 12-O-14, seconded by Ald. Grover. At Ald. Rainey’s inquiry, proprietor Kelly Roberts explained that ventilation would be through the hood which vents through ducts to the roof and out. It will be inspected as part of the permit process. Ald. Rainey welcomed her and advised her that she is in a problematic location. Ms. Roberts said she is cognizant of the problems and has very few seats in order to prevent loitering. The Committee voted by unanimously 7-0 to recommend introduction of Ordinance 12-O-14. DRAFT – NOT APPROVED 390 of 605 Planning & Development Committee Meeting Minutes of 1-13-14 Page 2 of 5 (P2) Ordinance 13-O-14, Granting Special Use for a Type 2 Restaurant, DMK Burger Bar and Fish Bar The Zoning Board of Appeals and City staff recommend adoption of Ordinance 13-O-14, granting a special use permit for operation of a Type 2 Restaurant, DMK Burger Bar and Fish Bar, at 815 Noyes Street. For Introduction Ald. Grover moved to recommend introduction of Ordinance 13-O-14, seconded by Ald. Rainey. Proprietor David Morton, a 3rd W ard resident, introduced himself and noted that his partner, Michael Kornick was not present. At Ald. Fiske’s inquiry, Mr. Morton explained that ventilation would be through the hood he has replaced and through the roof and assured her it is not directed towards the adjacent residential buildings. At Ald. Fiske’s further inquiry, Mr. Morton explained that they have separate grease traps, the same type that has been installed in their other 7 restaurants, and they have had no incidents of odors or inconveniences to neighbors from any of their 7 restaurants, and that they have a track record of being good neighbors. At. Chair Wynne’s inquiry, Mr. Morton said they expect to open in the next 4 weeks. The Committee voted unanimously 7-0 to recommend introduction of Ordinance 13-O-14. (P3) Ordinance 14-O-14, Granting a Special Use for a Retirement Home and Major Zoning Relief for a One-Story Addition at 1300 Oak Avenue The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 14-O-14 granting a special use permit for a Retirement Home, Evanston Nursing Home, at 1300 Oak Avenue, and major zoning relief for a one-story addition. The requested special use permit will bring a legally- nonconforming use into compliance and allow for the proposed expanded floor area. For Introduction Ald. Rainey moved to recommend introduction of Ordinance 14-O-14, seconded by Ald. Holmes. There were no questions for Mr. Josef Meystel. The Committee voted unanimously 7-0 to recommend introduction of Ordinance 14-O-14. (P4) Ordinance 2-O-14, Amending Various Portions the City Code of Bed & Breakfast Establishments The Plan Commission and City staff recommend amending the Zoning Ordinance to establish Type 1 and Type 2 Bed and Breakfast Establishments. 391 of 605 Planning & Development Committee Meeting Minutes of 1-13-14 Page 3 of 5 A Type 1 Bed and Breakfast Establishment would be considered a moderate impact use that would require special use approval, be limited to no more than two rentable bedrooms, and require 33% owner-occupancy but not require a distance from other Bed and Breakfast Establishments. A Type 2 Bed and Breakfast Establishment would be considered a higher impact use that would allow for up to five rentable bedrooms. It would require special use approval, 33% owner occupancy and would have a distance requirement between such establishments. For Introduction Ald. Fiske moved to introduce Ordinance 2-O-14, seconded by Ald. Wynne. Mark Muenzer, Director of Community Development, explained that staff and the Plan Commission researched other communities resembling Evanston that have B&B’s and attempted to form an option if Council chooses to further regulate B&B’s. In summary, the Ordinance separates the B&B’s into Type 1 and Type 2: Type 1: • includes 2 bedrooms or less • Would be an accessory to a residence, typically for a situation where a household needs to augment its income • Would still require a special use • No distance requirement from other B&B’s • 33% ownership occupied required* *Currently the ordinance does not require an ownership percentage related to the fact that it needs to be owner occupied; this ordinance requires that it is 33% ownership interest of someone living on site. Type 2: • Would be the higher intensity, more commercial use, up to 5 bedrooms • 33% owner occupant required • Would still require a special use • Would require a distance requirement of a radius of 1,500 feet, or approximately 3 blocks* *Mr. Muenzer explained that the Plan Commission, despite many attempts and motions, could not come up with an exact distance requirement, though they believed that a distance requirement is needed between other Type 2 B&B’s. In light of that, staff took the highest number considered for a radius of 1,500 feet, or approximately 3 blocks around the site. Ald. Fiske said this is a reference by Ald. Wynne and the second time at Plan Commission. Ald. Fiske said she attended the Plan Commission meeting and she thought the discussion was very good and that the members clearly 392 of 605 Planning & Development Committee Meeting Minutes of 1-13-14 Page 4 of 5 understood the effect that the proliferation of commercial B&B’s might have in particular neighborhoods. She explained that currently in the 1st Ward there are 2 approved commercial B&B’s within 100 feet of one another and an application for a 3rd, scheduled for ZBA on February 4th, 2014 at 1722 Judson, within a block of the 2 approved B&B’s, resulting in a proliferation of B&B’s in that neighborhood. She said the neighbors feel it is time to address this as it was a concern that was raised as the first 2 were before the Council. She said she believes the feeling of Council at that time was that after approval of those, they would wait and see what happened. What they are seeing is that there is interest by other parties to open commercial B&B’s, especially in the lake front neighborhoods. She said after the Plan Commission discussion she held a well-attended ward meeting at which these requirements were supported by the neighbors, who would like to see stricter enforcement, but they will be happy with this. She said she hopes that aldermen in other wards will understand that these commercial uses really are disruptive in some peoples’ minds to the residential character of the neighborhood. The Committee voted 2-5 with 5 opposed to introduce Ordinance 2-O-14, with Ald. Fiske and Chair Wynne in favor. Ald. Rainey clarified that according to the rules, the Ordinance can still be introduced on the consent agenda. Ald. Fiske asked for an explanation, as a courtesy, from those opposed, as it would be helpful for residents to understand: Ald. Grover said she likes that the proposed Ordinance distinguishes between two Types of B&B’s but she has issues with the 33% owner occupancy requirement and the idea of a distance requirement, given that B&B’s currently require a special use permit and go through the process. She also has questions about how this Ordinance aligns with the City’s short term occupancy licensing ordinance because she expects that there are several already operating and they do not require a special use, and are having perhaps the same impact as a Type 1 B&B would have. Ald. Wilson said he agrees with Ald. Grover and regarding the ownership interest requirement, he understands it but believes it seems arbitrary. He said he has given this a great deal of thought over the past 1.5 years and he still feels that this should be considered on a case by case basis rather than setting distance requirements. He said there might be an area where no B&B’s would be appropriate and there might be an area where 2 or 3 in a row would be a good idea; it seems to be more appropriate for case by case analysis and that is the purpose of the special use that is in place, which subjects B&B’s to a significant degree of scrutiny. Ald. Holmes said she watched a recording of the Plan Commission meeting and she saw a great deal of wavering within the discussion. She said her issue is with the owner occupancy requirement because 33% is high. She 393 of 605 Planning & Development Committee Meeting Minutes of 1-13-14 Page 5 of 5 said it is too early to determine what kind of impact they are having and since it is a special use, Council always has the option of voting for or against it. Ald. Holmes said she does not believe this Ordinance should be implemented yet. Ald. Tendam said he agrees and that he cannot conceive of any way of dealing with B&B’s other than as special use. He said there are not many in the pipeline and certainly the cases that come before Council at this point could be dealt with one on one. He said he adamantly disagrees with the radial dimension for proximity to another B&B. There had been a discussion about a linear measure, but the radial dimension casts a big net and several blocks behind a particular B&B could also be restricted, and it could be a totally different neighborhood and situation, which is unfair. He believes the special use is the best way to go and hopes that is what Council will pursue it. IV. ITEMS FOR DISCUSSION There were no items for discussion. V. COMMUNICATIONS There were no communications. VI. ADJOURNMENT Ald. Rainey moved to adjourn, seconded by Chair Wynne. The meeting was adjourned at 7:52 p.m. Respectfully submitted, Bobbie Newman 394 of 605 For City Council meeting of January 27, 2014 Item P1 Ordinance 15-O-14: Distance of Air Conditioning Equipment from Lot Lines For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director, Community Development Department Melissa Klotz, Interim Zoning Administrator, Planning and Zoning Division Subject: Ordinance 15-O-14 Amending the Zoning Ordinance with Regards to Distance of Air Conditioning Equipment from Lot Lines Date: January 16, 2014 Recommended Action The Plan Commission and City staff recommend amending the Zoning Ordinance to reduce the required setback for air conditioning equipment to 8’ for most property lines, 6’ for interior side yards when the equipment is located within 2’ of the principal structure and appropriately screened, and 4’ for street side yards when the equipment is located within 2’ of the principal structure and appropriately screened. Summary The Zoning Ordinance currently requires extensive setbacks for air conditioning equipment. The regulations, which typically require 10’ setbacks for interior side yards and street side yards, are not feasible at many properties throughout the city. Many major and minor variances are requested to reduce the setbacks for air conditioning equipment. The City’s adopted Mechanical Code features a maximum noise level measured by decibels that is consistent with a reduced setback for such air conditioning equipment. The current 10’ setback for air conditioning equipment presents a practical difficulty for many homeowners in Evanston since many properties feature narrow lots. In 2013, seven variance requests were reviewed either by staff or the Zoning Board of Appeals for reduced air conditioning equipment setbacks. Of the seven cases, only one was denied (with a requested setback of .02’), and four of the seven cases requested a distance of 8’ or more. The two main concerns that drive the need for setbacks for air conditioning equipment are noise and appearance. Sound pressure (noise) is measured by decibels (dBA). High efficiency air conditioners, which are extremely common in Evanston, range from 73-78 dBA, and most air conditioning equipment operates between 63-83 dBA. Decibel measurement is logarithmic, which means generally the noise is reduced by six decibels for Memorandum 395 of 605 every doubling of the distance from the noise source. This is represented in the chart below: Distance from noise source: 1’ 2’ 4’ 8’ dBA level: 83 77 71 65 78 72 66 60 72 66 60 52 The City recently amended the adopted Mechanical Code to increase the maximum allowed decibel level at a property line from 55 to 65 dBA. This was primarily done because ambient noise is typically over 55 dBA, which made the previous regulation overly strict and extremely difficult to measure and enforce. The appearance of air conditioning equipment, like other mechanical equipment, is typically considered unattractive. Mechanical equipment should therefore be hidden from view as much as possible. The appearance of air conditioning equipment can be effectively limited with screening such as landscaping, which will also dampen sound. Based on the above chart, all air conditioning equipment should be within the maximum allowed dBA when located 8’ from a property line, and would likely be within the maximum allowed dBA when located 6’ from a property line when screened by landscaping (since the screening would slightly dampen the noise level). The Plan Commission and City staff recommend the minimum yard requirements for air conditioning equipment as noted in the following chart. The regulations for front yards and rear yards do not feature any changes: Required Yard Front Yard: Prohibited Interior Side Yard: 8’ setback required; or 6’ setback required when located within 2’ of the principal structure and obscured from view by screening methods such as landscaping. Interior Side Yard Abutting an Alley of at least 8’ in width 8’ setback required; or 4’ setback required when located within 2’ of the principal structure and obscured from view by screening methods such as landscaping. Street Side Yard 4’ setback required when located within 2’ of the principal structure and obscured from view by screening methods such as landscaping. Rear Yard (rearmost 30’ of yard) 3’ setback from all property lines (the same as other accessory structures in the required rear yard) 396 of 605 Staff additionally suggests the removal of the current 5’ setback requirement for window air conditioners. This regulation is not practical given the typical setbacks and locations of houses in Evanston. City staff has not received any complaints regarding properties in violation of this window air conditioner regulation, though the vast majority of homes with window units are likely in violation of the 5’ setback requirement. Reducing the required setbacks for air conditioning equipment fits well with the goals and objectives of the Comprehensive Plan, which include: Objective: Maintain the appealing character of Evanston’s neighborhoods while guiding their change. Objective: Maintain and enhance property values and positive perceptions of housing in Evanston. The proposed changes will allow property owners to locate air conditioning equipment in locations that are not detrimental or nuisance-causing to neighboring property owners without proceeding through a timely and costly variance process. Attachments Proposed Ordinance 15-O-14 Plan Commission Draft Meeting Minutes 01.08.14 Plan Commission Packet 01.08.14 397 of 605 12/26/2013 15-O-14 AN ORDINANCE Amending the Text of the Zoning Ordinance with Regards to Distance of Air Conditioning Equipment from Lot Lines WHEREAS, on, January 8, 2014, the Plan Commission held a public hearing, pursuant to proper notice, regarding case no. 13PLND-0115 to consider an amendment to the text of Title 6 of the Evanston City Code of 2012, as amended (the “Zoning Ordinance”), relating to locations of air conditioning equipment; 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 January 27, 2014, the Planning and Development Committee of the City Council considered and adopted the findings and recommendation of the Plan Commission in case no. 13PLND-0115 and recommended City Council approval thereof; and WHEREAS, at its meetings of January 27 and February 10, 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: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. 398 of 605 15-O-14 ~2~ SECTION 2: Section 6-4-6-9 of the Zoning Ordinance is hereby amended to read as follows: 6-4-6-9. SPECIAL REGULATIONS APPLICABLE TO AIR CONDITIONING EQUIPMENT. Air conditioning equipment requirements are as follows: shall not be permitted to be located in accordance with the following : Required Yard Front Yard: Prohibited Interior Side Yard: 8’ setback required; or 6’ setback required when located within 2’ of the principal structure and obscured from view by screening methods such as landscaping. Interior Side Yard Abutting an Alley of at least 8’ in width 8’ setback required; or 4’ setback required when located within 2’ of the principal structure and obscured from view by screening methods such as landscaping. Street Side Yard 4’ setback required when located within 2’ of the principal structure and obscured from view by screening methods such as landscaping. Rear Yard (rearmost 30’ of yard) 3’ setback from all property lines (the same as other accessory structures in the required rear yard) (A) In the front yard. (B) Within ten (10) feet of any property line with the following exceptions: 1. Permitted within the required rear yard and within ten (10) feet of the interior side property line. 2. Permitted within ten (10) feet of a street side property line if: (a) The equipment is located within two (2) feet of the principal structure; and (b) Landscaping is planted around the unit to obscure it from view of the public. 3. Permitted within ten (10) feet of an interior side property line if: (a) Said property line abuts a nonresidential district or an alley of at least ten (10) four (4) feet in width in its entirety; (b) Equipment is located within two (2) feet of the principal structure; and (c) Landscaping is planted around the unit to obscure it from view of the public. 4. Window air conditioner units are permitted within ten (10) feet but not closer than five (5) feet of any side property line. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 399 of 605 15-O-14 ~3~ SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 6: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2014 Adopted:___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 400 of 605 DRAFT NOT APPROVED Page 1 of 6 Plan Commission Minutes 01/08/2014 MEETING MINUTES PLAN COMMISSION Wednesday, January 8, 2014 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Scott Peters (Chair), Terri Dubin, Jim Ford, Seth Freeman, Lenny Asaro, Colby Lewis Members Absent: Richard Shure, Kwesi Steele, Stuart Opdycke (Associate member), David Galloway (Associate member), Staff Present: Mark Muenzer, Director of Community Development Melissa Klotz, Interim Zoning Administrator Damir Latinovic, Neighborhood and Land Use Planner Michelle Masoncup, Deputy City Attorney Mario Treto, Assistant City Attorney I Presiding Member: Scott Peters, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM Chairman Peters called the meeting to order at 7:08 P.M. 2. APPROVAL OF December 4, 2013 MEETING MINUTES Commissioner Ford noted on page four, the draft minutes indicate the meeting was adjourned twice. Commissioner Ford made a motion to strike the first adjournment referenced in the minutes and approve the minutes as corrected, seconded by Commissioner Freeman. A voice vote was taken and the minutes were approved as corrected 6-0. 3. NEW BUSINESS A. TEXT AMENDMENT TO THE ZONING ORDINANCE 13PLND-0114 Specifically consider a text amendment, pursuant to City Code §6-18-3, Definitions, to establish a zoning definition for Business or Vocational School and amend the zoning definition for College/University Institution, and City Code Title 6, Zoning, to discuss the zoning regulations of Business or Vocational Schools as permitted and special uses. Melissa Klotz, Interim Zoning Administrator, described the proposed text amendment as recommended by staff and the Zoning Committee of the Plan Commission. 401 of 605 DRAFT NOT APPROVED Page 2 of 6 Plan Commission Minutes 01/08/2014 Commissioner Freeman asked how the Business School is defined. Ms. Klotz noted the definition on Page 2 of the staff memo. Commissioner Freeman asked if Kellog School is a business school per this definition. Ms Klotz stated that Kellog School is classified as part of a university use and noted there is a use being proposed at 990 Grove St which is currently classified as an office use, but would be classified as A business/vocational school upon their expansion. Commissioner Ford noted a possible grammatical error in the definition suggesting the definition should read: “…in one or more technical subjects and trades..” to which Chairman Peters suggested also adding “…and graduate college/university institutions…” wording to the definition. Ms. Masoncup suggested striking “four-year” wording and leaving only “College/University Institution” as that is defined in the Code and it does not limit it to a four-year institution. Chairman Peters agreed and suggested to leave the “….other than a community college” wording. There being no further questions or comments, Chairman Peters opened the hearing for public comment. No Public Comment was received. With no additional deliberation, Chairman Peters invited a motion noting the standards for approval as outlined in Section 6-3-4-5 of the Zoning Ordinance are satisfied. Commissioner Ford moved to approve the proposed text amendment regarding Case #13PLND-0114 as amended. Commissioner Asaro seconded the motion. The motion was approved by voice call 6-0. The text amendment was recommended to City Council with unanimous approval. B. TEXT AMENDMENT TO THE ZONING ORDINANCE 13PLND-0115 Specifically consider a text amendment, pursuant to City Code § 6-4-6-9, Special Regulations Applicable to Air Conditioning Equipment, to discuss the zoning regulations for Air Conditioning Equipment. Ms. Klotz, described the next proposed text amendment related to the air conditioning equipment as recommended by staff and the Zoning Committee of the Plan Commission. Commissioner Freeman asked if the air conditioning regulations have already been modified during his tenure, to which Ms. Klotz replied that they may have been modified only in the yard facing the alley. Ms. Klotz also noted that the recommendation includes taking out the regulations regarding the window air conditioning units which was not discussed at the Zoning Committee meeting. Currently window air conditioning units are required to meet a five-foot setback. That is difficult to enforce, especially considering that most existing window air conditioning units likely already encroach into the required setback, but there have been no complaints. Ms. Klotz noted that without the setback regulation, the city would still enforce the decibel levels at the lot line. 402 of 605 DRAFT NOT APPROVED Page 3 of 6 Plan Commission Minutes 01/08/2014 Commissioner Freeman expressed concern with proposed regulations in the side yards abutting another side yard on residential lots. He does not believe screening helps and that the sound goes up. He suggested leaving the required setbacks as they are in the side yards abutting other side yards. Chairman Peters stated that if the house is located within eight feet of the side lot line, there is currently no possibility to locate the air conditioning unit on the side of the house. Commissioner Ford added that on a 25-wide lot, with two ten-foot side yard setbacks, there is only a five-foot wide area of the lot where an air conditioning unit can be installed. Commissioner Freeman commented that would be a case for a zoning variance. Ms. Klotz clarified that the proposed setback in the interior side yard would be either eight feet or six feet if the air conditioning unit is properly screened. With the proposed eight-foot setback, or a six-foot setback with appropriate screening, the unit would be under the maximum allowed decibel level at the lot line. Commissioner Lewis asked for the clarification that the proposed changes and regulations would not include regulating the decibel level of the units. Ms. Klotz confirmed and noted that staff used the allowable decibel levels at the lot lines to determine appropriate setback changes. Upon a compliant, City staff would go out and measure the decibel level at the lot line. However, the ambient noise makes it difficult to get a reading of less than 65 decibels anywhere on the lot. Commissioner Freeman stated that we often run into issues where neighbors do not want to call and complain about their neighbors. Enabling someone to install their air conditioning unit even closer would be frustrating for residents. He is not in favor of reducing the required setback in interior side yards. Commissioner Freeman asked how many setback variances were requested in the last year, to which Ms. Klotz replied there were seven total all of which, except for one, were approved. For the one that was denied, there was a possible conforming location so the standards for meeting the variance were not met and the units were installed illegally. Commissioner Lewis noted he is concerned that someone will install the unit in the interior side yard instead of in the rear yard because that is more convenient for them. Commissioner Freeman asked if the staff initiated this text amendment, to which Ms. Klotz confirmed it was initiated by staff due to the work load related to the variance requests from this regulation. Commissioner Freeman confirmed he is concerned with the proposed setback anytime the subject lot line abuts another property. Commissioner Ford stated that he has a problem here balancing the rights of the property owner vs. the neighbor. He expressed concern we are forcing property owners of reasonably sized lots to come in for variances. 403 of 605 DRAFT NOT APPROVED Page 4 of 6 Plan Commission Minutes 01/08/2014 Ms. Klotz added to put it in perspective; most accessory structures have a five-foot interior side yard setback requirement and a three-foot setback in the rear yard. Commissioner Asaro stated he agrees with Commissioner Ford and said staff’s recommendation is reasonable. Upon a question, Ms. Klotz described the process for a building permit and a zoning variance. Commissioner Asaro asked if there is a mechanism that could be put in place to make sure the neighbor is notified there is a permit application for an air conditioning unit to be placed eight feet from their lot line, perhaps through certified mailing notice requirement. Ms. Klotz indicated applicants are always encouraged to discuss the placement of air conditioning units with their neighbors. She stated that most variation request end up being minor variations, and in the cases when they are major variations, the applicants do not move forward to the ZBA without the support of their neighbors. Upon a question for clarification from Commissioner Lewis, Chairman Peters clarified the decibel levels have already been adopted into the City Code and that is not in front of the Board tonight. Commissioner Asaro asked if the language could be modified to require applicant to place the units at a ten-foot setback if that location is available. Ms. Klotz responded there would be a problem defining a conforming location especially if landscaping would have to be removed or if the applicant has future plans to build other structures like a deck where a conforming location currently exists. Commissioner Asaro asked if the City inspects the final location of the unit once installed? Ms. Klotz indicated that inspector only measure the distance if the unit obviously looks to be out of compliance with the approved plans. Chairman Peters indicated he thinks an eight-foot setback is reasonable. The two foot requirement from the principal structure could be also added to the eight-foot setback requirement and a language could be added when someone is asking for a six-foot setback that there is no other available option. Upon a question from Commissioner Ford, Ms. Klotz indicated the typical width of the air conditioning unit is two feet by two feet. Commissioner Ford stated that staff has come up with a good reasonable solution. Commissioner Freeman said he is also used to the noise, but he is concerned new units would start being installed in areas where they are not currently located. Chairman Peters asked the commissioners for a show of hands in support of the proposed text amendment as presented by staff. 404 of 605 DRAFT NOT APPROVED Page 5 of 6 Plan Commission Minutes 01/08/2014 Commissioner Dubin asked who determines the appropriate screening method. Ms. Klotz said city staff would determine the appropriate screening and write it on the approved plans, such as “must be screened by four-foot evergreens”. A chain link fence would not be adequate. There being no further discussion Chairman Peters opened the hearing to public comment. No Public Comment was received. Chairman Peters invited a motion. Commissioner Asaro made a motion to approve the proposed text amendment regarding Case # 13PLND-0115 as presented by Staff. Commissioner Ford seconded the motion. The motion was approved by voice call 5-1 with Commissioner Freeman voting Nay. The text amendment was recommended to City Council for approval. 4. ELLECTION OF CHAIR, VICE-CHAIR, LIAISONS AND SUB-COMMITTEES Chairman Peters introduced the next order of business to elect the chair, vice chair and members of the sub-committees of the Plan Commission.’ Commissioner Ford made a motion to nominate Chairman Peters for another term as the chairperson of the Board. Seconded by Commissioner Lewis. The motion was approved by voice call 6-0. Ms. Klotz stated that Commissioner Shure has indicated he is open to another term as a vice-chair. Commissioner Freeman made a motion to nominate Commissioner Shure as vice-chair. Seconded by Commissioner Ford. The motion was approved by voice call 6-0. The discussion on appointments for each committee followed. Chairman Peters confirmed the following appointments: Zoning Committee Commissioner Ford, Commissioner Dubin, Commissioner Lewis, Commissioner Shure (Chair) and Commissioner Peters. 405 of 605 DRAFT NOT APPROVED Page 6 of 6 Plan Commission Minutes 01/08/2014 Comprehensive Plan Committee: Commissioner Freeman, Commissioner Ford, Commissioner Dubin, Commissioner Shure and Commissioner Peters. Housing and Community Development Act Committee Liaison: Commissioner Opdycke Planning and Development Committee Liaison: Commissioner Asaro Economic Development Committee Liaison: Commissioner Freeman Place Names Committee Liaison: Commissioner Freeman Parking Committee Liaison: Commissioner Freeman Commissioner Ford made a motion to nominate all committee members and liaisons as confirmed by Chairman Peters. Seconded by Commissioner Asaro. The motion was approved by voice call 6-0. 5. ADJOURNMENT Commissioner Ford motioned to adjourn the meeting, and Commissioner Freeman seconded the motion. The meeting was adjourned at 8:04 pm. Respectfully Submitted, Damir Latinovic Neighborhood and Land Use Planner, Community Development Department 406 of 605 Air Conditioning Equipment Text Amendment 13PLND-0115 407 of 605 Memorandum To: Chair and Members of the Plan Commission From: Mark Muenzer, Community Development Director Melissa Klotz, Interim Zoning Administrator Subject: Discussion of Draft Text Amendment Ordinance 15-O-14 for Air Conditioning Equipment, 13PLND-0115 Date: December 26, 2013 Proposal Overview The Zoning Ordinance currently requires extensive setbacks for air conditioning equipment. The regulations, which typically require 10’ setbacks in side yards and street side yards, are not feasible on many properties throughout the city. Many major and minor variances are requested to reduce the setbacks for air conditioning equipment. The City’s adopted Mechanical Code features a maximum noise level measured by decibels that is consistent with a reduced setback for such air conditioning equipment. Recommendation Following the November 20, 2013 Zoning Committee meeting, City staff and the Zoning Committee of the Plan Commission recommend amending the Zoning Ordinance to reduce the required setback for air conditioning equipment to 8’ for most property lines, 6’ for interior side yards when the equipment is located within 2’ of the principal structure and appropriately screened, and 4’ for street side yards when the equipment is located within 2’ of the principal structure and appropriately screened. Summary The standard side yard setback for air conditioning equipment is currently 10’. This requirement presents a practical difficulty for many homeowners in Evanston since many properties feature narrow lots. In the past year, seven variance requests were reviewed either by staff or the Zoning Board of Appeals to reduce a setback for air conditioning equipment. Of the seven cases, only one was denied (with a requested setback of .02’), and four of the seven cases requested a distance of 8’ or more. The current regulations for Air Conditioning Equipment state such equipment cannot be located within a front yard or within 10’ of any property line. Exceptions to the 10’ requirement are allowed when such equipment is located within 2’ of the principal structure, is adjacent to an alley of at least 10’ in width or a street side yard, and is obscured by landscaping. In these exception cases, the Zoning Ordinance does not clearly state what the required setback is, so the interpretation is left up to the Zoning Administrator. 408 of 605 Two primary concerns justify required setbacks for air conditioning equipment: appearance and noise. Sound pressure is measured by decibels (dBA). High efficiency models, which are extremely common in Evanston, range from 73-78 dBA, and most air conditioning equipment operates between 63-83 dBA. Decibel measurement is logarithmic, which means generally the noise is reduced by 6 decibels for every doubling of the distance from the noise source. This is represented in the chart below: Distance from noise source: 1’ 2’ 4’ 8’ dBA level: 83 77 71 65 78 72 66 60 72 66 60 52 The City recently amended the adopted Mechanical Code to increase the maximum allowed decibel level at a property line from 55 to 65 dBA. This was primarily done because ambient noise is typically over 55 dBA, which made the previous regulation overly strict and extremely difficult to measure and enforce. The appearance of air conditioning equipment, like other mechanical equipment, is typically considered unattractive. Mechanical equipment should therefore be hidden from view as much as possible. The appearance of air conditioning equipment can be effectively limited with screening such as landscaping, which will also dampen sound. Based on the above chart, all air conditioning equipment should be within the maximum allowed dBA at the proposed 8’ setback, and would likely be within the maximum allowed dBA at 6’ when screened (since the screening would slightly reduce the noise level). Proposed Regulations Staff and the Zoning Committee of the Plan Commission recommend the minimum yard requirements for air conditioning equipment as follows: Required Yard Front Yard: Prohibited Interior Side Yard: 8’ setback required; or 6’ setback required when located within 2’ of the principal structure and obscured from view by screening methods such as landscaping. Interior Side Yard Abutting an Alley of at least 8’ in width 8’ setback required; or 4’ setback required when located within 2’ of the principal structure and obscured from view by screening methods such as landscaping. Street Side Yard Prohibited; or 4’ setback required when located within 2’ of the principal structure and obscured from view by screening methods such as landscaping. 409 of 605 Rear Yard (rearmost 30’ of yard) 3’ setback from all property lines (the same as other accessory structures in the required rear yard) There is no change to the existing regulations for front and rear yards. Staff additionally suggests the removal of the 5’ setback requirement for window air conditioners. This regulation is not practical given the typical setbacks of houses in Evanston. City staff has not received any complaints against residents in violation of this regulation, though the vast majority of homes with window units are likely in violation of the 5’ setback requirement. Other Communities Staff reviewed air conditioning equipment regulations in Oak Park, Chicago, Wilmette, Skokie, Winnetka, Madison, and Ann Arbor. A wide range of setbacks exist among these communities. The community with the most restrictive regulation is Winnetka, which only permits such equipment in side yards, requires a 6’ setback in the R3-R5 Districts and a 12’ setback in the R1-R2 Districts. Skokie and Wilmette both require 10’ setbacks; however Wilmette allows a Site Plan Review Committee to approve placement between 5’ and 10’ and requires screening for units placed between a principal structure and a street. Chicago, Madison, and Ann Arbor are the most permissive, allowing side and rear yard placement as close as 1’, but prohibits placement in the required street side yard. See attached for further documentation on regulations from the aforementioned communities. Attachments Draft Ordinance 15-O-14 Zoning Committee of the Plan Commission Draft Meeting Minutes – November 20, 2013 Zoning Committee of the Plan Commission Packet – November 20, 2013 410 of 605 12/26/2013 15-O-14 AN ORDINANCE Amending the Text of the Zoning Ordinance with Regards to Distance of Air Conditioning Equipment from Lot Lines WHEREAS, on, January 8, 2014, the Plan Commission held a public hearing, pursuant to proper notice, regarding case no. 13PLND-0115 to consider an amendment to the text of Title 6 of the Evanston City Code of 2012, as amended (the “Zoning Ordinance”), relating to locations of air conditioning equipment; 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 January 27, 2014, the Planning and Development Committee of the City Council considered and adopted the findings and recommendation of the Plan Commission in case no. 13PLND-0115 and recommended City Council approval thereof; and WHEREAS, at its meetings of January 27 and February 10, 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: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. 411 of 605 15-O-14 ~2~ SECTION 2: Section 6-4-6-9 of the Zoning Ordinance is hereby amended to read as follows: 6-4-6-9. SPECIAL REGULATIONS APPLICABLE TO AIR CONDITIONING EQUIPMENT. Air conditioning equipment requirements are as follows: shall not be permitted to be located in accordance with the following : Required Yard Front Yard: Prohibited Interior Side Yard: 8’ setback required; or 6’ setback required when located within 2’ of the principal structure and obscured from view by screening methods such as landscaping. Interior Side Yard Abutting an Alley of at least 8’ in width 8’ setback required; or 4’ setback required when located within 2’ of the principal structure and obscured from view by screening methods such as landscaping. Street Side Yard 4’ setback required when located within 2’ of the principal structure and obscured from view by screening methods such as landscaping. Rear Yard (rearmost 30’ of yard) 3’ setback from all property lines (the same as other accessory structures in the required rear yard) (A) In the front yard. (B) Within ten (10) feet of any property line with the following exceptions: 1. Permitted within the required rear yard and within ten (10) feet of the interior side property line. 2. Permitted within ten (10) feet of a street side property line if: (a) The equipment is located within two (2) feet of the principal structure; and (b) Landscaping is planted around the unit to obscure it from view of the public. 3. Permitted within ten (10) feet of an interior side property line if: (a) Said property line abuts a nonresidential district or an alley of at least ten (10) four (4) feet in width in its entirety; (b) Equipment is located within two (2) feet of the principal structure; and (c) Landscaping is planted around the unit to obscure it from view of the public. 4. Window air conditioner units are permitted within ten (10) feet but not closer than five (5) feet of any side property line. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 412 of 605 15-O-14 ~3~ SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 6: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2014 Adopted:___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 413 of 605 DRAFT NOT APPROVED Page 1 of 3 Evanston Zoning Committee of the Plan Commission Minutes MEETING MINUTES ZONING COMMITTEE OF THE PLAN COMMISSION Wednesday, November 20, 2013 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Room 2403 Members Present: Richard Shure, Scott Peters, Jim Ford, Patricia Ledesma, Stuart Opdycke Members Absent: Kwesi Steele, Dave Galloway, Barbara Putta, Lenny Asaro, Seth Freeman Staff Present: Melissa Klotz, Michelle Masoncup Presiding Member: Richard Shure, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM With a quorum present, Chairman Shure called the meeting to order at 7:00pm. 2. MINUTES Approval of October 16, 2013 Zoning Committee of the Plan Commission Meeting Minutes: Commissioner Peters motioned for approval of the October 16, 2013 meeting minutes. Commissioner Ledesma seconded the motion. A voice vote was taken and the minutes were approved. 3. UNFINISHED BUSINESS 4. NEW BUSINESS A) TEXT AMENDMENT TO THE ZONING ORDINANCE 13PLND-0114 Specifically consider a text amendment, pursuant to City Code § 6-18-3, Definitions, to discuss the zoning definitions for Educational Institution – Private, and Educational Institution – Public. Ms. Klotz explained the staff proposal to amend the zoning definition of Educational Institutions to include vocational training facilities. The committee determined certain vocational training facilities may create nuisances, such as auto mechanic repair classes, so a vocational training should be a separate zoning use with different land use regulation from Educational Institutions. The committee suggested the following districts as permitted and special use: 414 of 605 DRAFT NOT APPROVED Page 2 of 3 Evanston Zoning Committee of the Plan Commission Minutes R1-R6 B1-B3 C1-C2 D1-D4 I1-I3 M’s O1 RP T1-T2 U1-U3 Business or Vocational Schools S S P S S P S S S P The committee suggested staff propose a zoning definition as the text amendment moves forward to the Plan Commission. Commissioner Ledesma noted she likes the Skokie definition, and Commissioner Peters noted the definition of University/College would need to be amended for clarification. Commissioner Peters motioned to recommend approval of the proposed land use regulations for vocational training facilities, noting staff should create a new zoning definition for the use that is modeled after the first half of the Skokie definition, and with modification to the University/College definition as necessary. Commissioner Ford seconded the motion, which was approved 5-0. B) TEXT AMENDMENT TO THE ZONING ORDINANCE 13PLND-0115 Specifically consider a text amendment, pursuant to City Code § 6-4-6-9, Special Regulations Applicable to Air Conditioning Equipment, to discuss the zoning regulations for Air Conditioning Equipment. Ms. Klotz explained the staff proposal to amend the zoning setbacks for air conditioning equipment since the regulations are overly restrictive and results in many variance requests. Commissioner Peters noted the proposed regulation changes would not allow homeowners to place a/c units near the property line on a corner lot since the regulation would require such units to be located within 2’ of the house. Commissioner Ford motioned to recommend approval of the proposed text amendment as recommended by staff. Commissioner Opdycke seconded the motion, which was approved 5-0. Commissioner Peters thanked Commissioner Ledesma for her service on the Plan Commission, noting this as her last meeting. 5. DISCUSSION 6. ADJOURNMENT Commissioner Ford motioned for adjournment and Commissioner Peters seconded the motion. The meeting adjourned at 8:00pm. The next meeting of the Zoning Committee of the Plan Commission will be Wednesday, December 18, 2013 at 7:00pm., in room 2403 of the Lorraine H. Morton Civic Center, 2100 Ridge Avenue. Respectfully Submitted, 415 of 605 DRAFT NOT APPROVED Page 3 of 3 Evanston Zoning Committee of the Plan Commission Minutes Melissa Klotz Zoning Planner, Community Development Department 416 of 605 417 of 605 418 of 605 419 of 605 420 of 605 421 of 605 422 of 605 For City Council meeting of January 27, 2014 Item P2 Ordinance 3-O-14: Amending the Zoning Ordinance to Create Business or Vocational School Use and Amend the Definition of College/University Institution For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director, Community Development Department Melissa Klotz, Interim Zoning Administrator, Planning and Zoning Division Subject: Ordinance 3-O-14 Amending the Zoning Ordinance to Create Business or Vocational School Use and Amend the Definition of College/University Institution Date: January 16, 2014 Recommended Action The Plan Commission and City staff recommend amending the Zoning Ordinance to establish a use category for Business or Vocational Schools with land use regulations as permitted uses in all Commercial, Mixed Use, and University Districts, and special uses in all other zoning districts, and amending the existing definition of College/University Institution to clarify the distinction between the two use categories. Summary The Zoning Ordinance does not currently feature a use category for Business or Vocational Schools. Such facilities should have an established zoning definition and land use regulations as permitted and special uses similar to the land use regulations of Educational Institutions. The Zoning Ordinance should also be amended to clarify the differences between such facilities and College/University Institutions. There is one establishment, the Career Institute at 990 Grove Street, that hopes to launch a large-scale Business or Vocational School. In the past, Business or Vocational Schools small in scale have been classified as office uses. Such facilities have typically featured 30 clients or less, and have been viewed as being similar in impact to other office uses. Larger facilities that are not similar in intensity and impact to other office uses do not currently have a zoning use category and are therefore not permitted in the city. Business or Vocational Schools are similar in nature and intensity to Educational Institutions. The land use regulations for Educational Institutions are as follows: Memorandum 423 of 605 R1-R6 B1-B3 C1-C2 D1-D4 I1-I3 M’s O1,RP T1-T2 U1-U3 Educational Institutions - Private S P P S P (S in MXE) S P (not in U2) Educational Institutions - Public P P P S P P P (not in U2) Since Business or Vocational Schools feature many of the same goals and objectives as Educational Institutions, have similar models of operation, and similar land use characteristics and neighborhood impacts as Educational Institutions, it is appropriate to regulate such facilities in a similar fashion. However, Business or Vocational Schools are typically intended for adult or teenage clientele and may feature programs that create minor nuisances such as automobile repair, additional regulation is needed. The Plan Commission and City staff recommend Business or Vocational Schools utilize the following zoning definition and land use regulations: Business or Vocational School – a privately-owned or publicly-owned post-secondary school, other than a community college or “College/University Institution”, providing occupational or job skills in one or more technical subjects and trades for specific occupations. R1-R6 B1-B3 C1-C2 D1-D4 I1-I3 M’s O1 RP T1-T2 U1-U3 Business or Vocational Schools S S P S S P S S S P Additionally, clarification should be made to the zoning definition of College/University Institution. The added clarification is underlined below: College/University Institution – A privately-owned or publicly-owned institution providing full-time or part-time education, other than “Business or Vocational Schools”, beyond the high school level, including any lodging rooms or housing for students or faculty. Such change to the College/University Institution definition should not affect Northwestern University since the proposed Business or Vocational School use is permitted in the U Districts. The proposed text amendments fit well with the goals and objectives of the Comprehensive Plan, which include: Objective: Promote the growth and redevelopment of business, commercial, and industrial areas. 424 of 605 Objective: Retain and attract businesses in order to strengthen Evanston’s economic base. Objective: Support and encourage efforts at employment assistance and linkages. Goal: Promote linkages between local schools and local employers that help Evanston students become competitive members of the work force. Goal: Promote and support job readiness and training programs as well as small business start-up assistance programs… The proposed changes will allow large scale Business or Vocational Schools to locate in appropriate zoning districts within the city, which are beneficial and needed facilities for the community. Attachments Proposed Ordinance 3-O-14 Plan Commission Draft Meeting Minutes 01.08.14 Plan Commission Packet 01.08.14 425 of 605 1/9/2014 3-O-14 AN ORDINANCE Amending Portions of the Zoning Ordinance to Create the “Business or Vocational” Use and Amend the Definition of “College/University Institution” WHEREAS, on January 8, 2014, the Plan Commission held a public hearing, pursuant to proper notice, regarding case no. 13PLND-0114 to consider various amendments to the text of Title 6 of the Evanston City Code of 2012, as amended (the “Zoning Ordinance”), relating to the creation of the Use known as “Vocational Training Facility;” 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 January 27, 2014, the Planning and Development Committee of the City Council considered and adopted the findings and recommendation of the Plan Commission in case no. 13PLND-0114 and recommended City Council approval thereof; and WHEREAS, at its meetings of January 27 and February 10, 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: 426 of 605 3-O-14 ~2~ SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: Section 6-18-3 of the Zoning Ordinance, “Definitions,” is hereby amended to include the following: BUSINESS OR VOCATIONAL SCHOOL: a privately-owned or publicly owned post-secondary school, other than a community college or “College/university institution”, providing occupational or job skills in one or more technical subjects and trades for specific occupations. COLLEGE/UNIVERSITY INSTITUTION: A privately-owned or publicly- owned institution providing full-time or part-time education, other than “Business or vocational school”, beyond the high school level, including any lodging rooms or housing for students or faculty. SECTION 3: Subsection 6-8-2-4 of the Zoning Ordinance, “Special Uses” in the R1 District, is hereby amended to include “Business or Vocational School.” SECTION 4: Subsection 6-8-3-3 of the Zoning Ordinance, “Special Uses” in the R2 District, is hereby amended to include “Business or Vocational School.” SECTION 5: Subsection 6-8-4-3 of the Zoning Ordinance, “Special Uses” in the R3 District, is hereby amended to include “Business or Vocational School.” SECTION 6: Subsection 6-8-5-3 of the Zoning Ordinance, “Special Uses” in the R4 District, is hereby amended to include “Business or Vocational School.” SECTION 7: Subsection 6-8-6-3 of the Zoning Ordinance, “Special Uses” in the R4a District, is hereby amended to include “Business or Vocational School.” SECTION 8: Subsection 6-8-7-3 of the Zoning Ordinance, “Special Uses” in the R5 District, is hereby amended to include “Business or Vocational School.” SECTION 9: Subsection 6-8-8-3 of the Zoning Ordinance, “Special Uses” in the R6 District, is hereby amended to include “Business or Vocational School.” 427 of 605 3-O-14 ~3~ SECTION 10: Subsection 6-9-2-3 of the Zoning Ordinance, “Special Uses” in the B1 District, is hereby amended to include “Business or Vocational School.” SECTION 11: Subsection 6-9-3-3 of the Zoning Ordinance, “Special Uses” in the B2 District, is hereby amended to include “Business or Vocational School.” SECTION 12: Subsection 6-9-4-3 of the Zoning Ordinance, “Special Uses” in the B3 District, is hereby amended to include “Business or Vocational School.” SECTION 13: Subsection 6-9-5-3 of the Zoning Ordinance, “Special Uses” in the B1a District, is hereby amended to include “Vocational Training Facility.” SECTION 14: Subsection 6-10-2-2 of the Zoning Ordinance, “Permitted Uses” in the C1 District, is hereby amended to include “Business or Vocational School.” SECTION 15: Subsection 6-10-3-2 of the Zoning Ordinance, “Permitted Uses” in the C1a District, is hereby amended to include “Business or Vocational School.” SECTION 16: Subsection 6-10-4-2 of the Zoning Ordinance, “Permitted Uses” in the C2 District, is hereby amended to include “Business or Vocational School.” SECTION 17: Subsection 6-11-2-3 of the Zoning Ordinance, “Special Uses” in the D1 District, is hereby amended to include “Business or Vocational School.” SECTION 18: Subsection 6-11-3-4 of the Zoning Ordinance, “Special Uses” in the D2 District, is hereby amended to include “Business or Vocational School.” SECTION 19: Subsection 6-11-4-3 of the Zoning Ordinance, “Special Uses” in the D3 District, is hereby amended to include “Business or Vocational School.” SECTION 20: Subsection 6-11-5-3 of the Zoning Ordinance, “Special Uses” in the D4 District, is hereby amended to include “Business or Vocational School.” 428 of 605 3-O-14 ~4~ SECTION 21: Subsection 6-12-2-3 of the Zoning Ordinance, “Special Uses” in the RP District, is hereby amended to include “Business or Vocational School.” SECTION 22: Subsection 6-13-2-2 of the Zoning Ordinance, “Permitted Uses” in the MU District, is hereby amended to include “Business or Vocational School.” SECTION 23: Subsection 6-13-3-2 of the Zoning Ordinance, “Permitted Uses” in the MUE District, is hereby amended to include “Business or Vocational School.” SECTION 24: Subsection 6-13-4-2 of the Zoning Ordinance, “Permitted Uses” in the MXE District, is hereby amended to include “Business or Vocational School.” SECTION 25: Subsection 6-14-2-3 of the Zoning Ordinance, “Special Uses” in the I1 District, is hereby amended to include “Business or Vocational School.” SECTION 26: Subsection 6-14-3-3 of the Zoning Ordinance, “Special Uses” in the I2 District, is hereby amended to include “Business or Vocational School.” SECTION 27: Subsection 6-14-4-3 of the Zoning Ordinance, “Special Uses” in the I3 District, is hereby amended to include “Business or Vocational School.” SECTION 28: Subsection 6-15-2-3 of the Zoning Ordinance, “Special Uses” in the O1 District, is hereby amended to include “Business or Vocational School.” SECTION 29: Subsection 6-15-3-3 of the Zoning Ordinance, “Special Uses” in the T1 District, is hereby amended to include “Business or Vocational School.” SECTION 30: Subsection 6-15-4-3 of the Zoning Ordinance, “Special Uses” in the T2 District, is hereby amended to include “Business or Vocational School.” 429 of 605 3-O-14 ~5~ SECTION 31: Subsection 6-15-5-2 of the Zoning Ordinance, “Permitted Uses” in the U1 District, is hereby amended to include “Business or Vocational School.” SECTION 32: Subsection 6-15-6-2 of the Zoning Ordinance, “Permitted Uses” in the U1a District, is hereby amended to include “Business or Vocational School.” SECTION 33: Subsection 6-15-7-2 of the Zoning Ordinance, “Permitted Uses” in the U2 District, is hereby amended to include “Business or Vocational School.” SECTION 34: Subsection 6-15-8-2 of the Zoning Ordinance, “Permitted Uses” in the U3 District, is hereby amended to include “Business or Vocational School.” SECTION 35: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 36: 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 37: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 38: 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. 430 of 605 3-O-14 ~6~ Introduced:_________________, 2014 Adopted:___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 431 of 605 DRAFT NOT APPROVED Page 1 of 6 Plan Commission Minutes 01/08/2014 MEETING MINUTES PLAN COMMISSION Wednesday, January 8, 2014 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Scott Peters (Chair), Terri Dubin, Jim Ford, Seth Freeman, Lenny Asaro, Colby Lewis Members Absent: Richard Shure, Kwesi Steele, Stuart Opdycke (Associate member), David Galloway (Associate member), Staff Present: Mark Muenzer, Director of Community Development Melissa Klotz, Interim Zoning Administrator Damir Latinovic, Neighborhood and Land Use Planner Michelle Masoncup, Deputy City Attorney Mario Treto, Assistant City Attorney I Presiding Member: Scott Peters, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM Chairman Peters called the meeting to order at 7:08 P.M. 2. APPROVAL OF December 4, 2013 MEETING MINUTES Commissioner Ford noted on page four, the draft minutes indicate the meeting was adjourned twice. Commissioner Ford made a motion to strike the first adjournment referenced in the minutes and approve the minutes as corrected, seconded by Commissioner Freeman. A voice vote was taken and the minutes were approved as corrected 6-0. 3. NEW BUSINESS A. TEXT AMENDMENT TO THE ZONING ORDINANCE 13PLND-0114 Specifically consider a text amendment, pursuant to City Code §6-18-3, Definitions, to establish a zoning definition for Business or Vocational School and amend the zoning definition for College/University Institution, and City Code Title 6, Zoning, to discuss the zoning regulations of Business or Vocational Schools as permitted and special uses. Melissa Klotz, Interim Zoning Administrator, described the proposed text amendment as recommended by staff and the Zoning Committee of the Plan Commission. 432 of 605 DRAFT NOT APPROVED Page 2 of 6 Plan Commission Minutes 01/08/2014 Commissioner Freeman asked how the Business School is defined. Ms. Klotz noted the definition on Page 2 of the staff memo. Commissioner Freeman asked if Kellog School is a business school per this definition. Ms Klotz stated that Kellog School is classified as part of a university use and noted there is a use being proposed at 990 Grove St which is currently classified as an office use, but would be classified as A business/vocational school upon their expansion. Commissioner Ford noted a possible grammatical error in the definition suggesting the definition should read: “…in one or more technical subjects and trades..” to which Chairman Peters suggested also adding “…and graduate college/university institutions…” wording to the definition. Ms. Masoncup suggested striking “four-year” wording and leaving only “College/University Institution” as that is defined in the Code and it does not limit it to a four-year institution. Chairman Peters agreed and suggested to leave the “….other than a community college” wording. There being no further questions or comments, Chairman Peters opened the hearing for public comment. No Public Comment was received. With no additional deliberation, Chairman Peters invited a motion noting the standards for approval as outlined in Section 6-3-4-5 of the Zoning Ordinance are satisfied. Commissioner Ford moved to approve the proposed text amendment regarding Case #13PLND-0114 as amended. Commissioner Asaro seconded the motion. The motion was approved by voice call 6-0. The text amendment was recommended to City Council with unanimous approval. B. TEXT AMENDMENT TO THE ZONING ORDINANCE 13PLND-0115 Specifically consider a text amendment, pursuant to City Code § 6-4-6-9, Special Regulations Applicable to Air Conditioning Equipment, to discuss the zoning regulations for Air Conditioning Equipment. Ms. Klotz, described the next proposed text amendment related to the air conditioning equipment as recommended by staff and the Zoning Committee of the Plan Commission. Commissioner Freeman asked if the air conditioning regulations have already been modified during his tenure, to which Ms. Klotz replied that they may have been modified only in the yard facing the alley. Ms. Klotz also noted that the recommendation includes taking out the regulations regarding the window air conditioning units which was not discussed at the Zoning Committee meeting. Currently window air conditioning units are required to meet a five-foot setback. That is difficult to enforce, especially considering that most existing window air conditioning units likely already encroach into the required setback, but there have been no complaints. Ms. Klotz noted that without the setback regulation, the city would still enforce the decibel levels at the lot line. 433 of 605 DRAFT NOT APPROVED Page 3 of 6 Plan Commission Minutes 01/08/2014 Commissioner Freeman expressed concern with proposed regulations in the side yards abutting another side yard on residential lots. He does not believe screening helps and that the sound goes up. He suggested leaving the required setbacks as they are in the side yards abutting other side yards. Chairman Peters stated that if the house is located within eight feet of the side lot line, there is currently no possibility to locate the air conditioning unit on the side of the house. Commissioner Ford added that on a 25-wide lot, with two ten-foot side yard setbacks, there is only a five-foot wide area of the lot where an air conditioning unit can be installed. Commissioner Freeman commented that would be a case for a zoning variance. Ms. Klotz clarified that the proposed setback in the interior side yard would be either eight feet or six feet if the air conditioning unit is properly screened. With the proposed eight-foot setback, or a six-foot setback with appropriate screening, the unit would be under the maximum allowed decibel level at the lot line. Commissioner Lewis asked for the clarification that the proposed changes and regulations would not include regulating the decibel level of the units. Ms. Klotz confirmed and noted that staff used the allowable decibel levels at the lot lines to determine appropriate setback changes. Upon a compliant, City staff would go out and measure the decibel level at the lot line. However, the ambient noise makes it difficult to get a reading of less than 65 decibels anywhere on the lot. Commissioner Freeman stated that we often run into issues where neighbors do not want to call and complain about their neighbors. Enabling someone to install their air conditioning unit even closer would be frustrating for residents. He is not in favor of reducing the required setback in interior side yards. Commissioner Freeman asked how many setback variances were requested in the last year, to which Ms. Klotz replied there were seven total all of which, except for one, were approved. For the one that was denied, there was a possible conforming location so the standards for meeting the variance were not met and the units were installed illegally. Commissioner Lewis noted he is concerned that someone will install the unit in the interior side yard instead of in the rear yard because that is more convenient for them. Commissioner Freeman asked if the staff initiated this text amendment, to which Ms. Klotz confirmed it was initiated by staff due to the work load related to the variance requests from this regulation. Commissioner Freeman confirmed he is concerned with the proposed setback anytime the subject lot line abuts another property. Commissioner Ford stated that he has a problem here balancing the rights of the property owner vs. the neighbor. He expressed concern we are forcing property owners of reasonably sized lots to come in for variances. 434 of 605 DRAFT NOT APPROVED Page 4 of 6 Plan Commission Minutes 01/08/2014 Ms. Klotz added to put it in perspective; most accessory structures have a five-foot interior side yard setback requirement and a three-foot setback in the rear yard. Commissioner Asaro stated he agrees with Commissioner Ford and said staff’s recommendation is reasonable. Upon a question, Ms. Klotz described the process for a building permit and a zoning variance. Commissioner Asaro asked if there is a mechanism that could be put in place to make sure the neighbor is notified there is a permit application for an air conditioning unit to be placed eight feet from their lot line, perhaps through certified mailing notice requirement. Ms. Klotz indicated applicants are always encouraged to discuss the placement of air conditioning units with their neighbors. She stated that most variation request end up being minor variations, and in the cases when they are major variations, the applicants do not move forward to the ZBA without the support of their neighbors. Upon a question for clarification from Commissioner Lewis, Chairman Peters clarified the decibel levels have already been adopted into the City Code and that is not in front of the Board tonight. Commissioner Asaro asked if the language could be modified to require applicant to place the units at a ten-foot setback if that location is available. Ms. Klotz responded there would be a problem defining a conforming location especially if landscaping would have to be removed or if the applicant has future plans to build other structures like a deck where a conforming location currently exists. Commissioner Asaro asked if the City inspects the final location of the unit once installed? Ms. Klotz indicated that inspector only measure the distance if the unit obviously looks to be out of compliance with the approved plans. Chairman Peters indicated he thinks an eight-foot setback is reasonable. The two foot requirement from the principal structure could be also added to the eight-foot setback requirement and a language could be added when someone is asking for a six-foot setback that there is no other available option. Upon a question from Commissioner Ford, Ms. Klotz indicated the typical width of the air conditioning unit is two feet by two feet. Commissioner Ford stated that staff has come up with a good reasonable solution. Commissioner Freeman said he is also used to the noise, but he is concerned new units would start being installed in areas where they are not currently located. Chairman Peters asked the commissioners for a show of hands in support of the proposed text amendment as presented by staff. 435 of 605 DRAFT NOT APPROVED Page 5 of 6 Plan Commission Minutes 01/08/2014 Commissioner Dubin asked who determines the appropriate screening method. Ms. Klotz said city staff would determine the appropriate screening and write it on the approved plans, such as “must be screened by four-foot evergreens”. A chain link fence would not be adequate. There being no further discussion Chairman Peters opened the hearing to public comment. No Public Comment was received. Chairman Peters invited a motion. Commissioner Asaro made a motion to approve the proposed text amendment regarding Case # 13PLND-0115 as presented by Staff. Commissioner Ford seconded the motion. The motion was approved by voice call 5-1 with Commissioner Freeman voting Nay. The text amendment was recommended to City Council for approval. 4. ELLECTION OF CHAIR, VICE-CHAIR, LIAISONS AND SUB-COMMITTEES Chairman Peters introduced the next order of business to elect the chair, vice chair and members of the sub-committees of the Plan Commission.’ Commissioner Ford made a motion to nominate Chairman Peters for another term as the chairperson of the Board. Seconded by Commissioner Lewis. The motion was approved by voice call 6-0. Ms. Klotz stated that Commissioner Shure has indicated he is open to another term as a vice-chair. Commissioner Freeman made a motion to nominate Commissioner Shure as vice-chair. Seconded by Commissioner Ford. The motion was approved by voice call 6-0. The discussion on appointments for each committee followed. Chairman Peters confirmed the following appointments: Zoning Committee Commissioner Ford, Commissioner Dubin, Commissioner Lewis, Commissioner Shure (Chair) and Commissioner Peters. 436 of 605 DRAFT NOT APPROVED Page 6 of 6 Plan Commission Minutes 01/08/2014 Comprehensive Plan Committee: Commissioner Freeman, Commissioner Ford, Commissioner Dubin, Commissioner Shure and Commissioner Peters. Housing and Community Development Act Committee Liaison: Commissioner Opdycke Planning and Development Committee Liaison: Commissioner Asaro Economic Development Committee Liaison: Commissioner Freeman Place Names Committee Liaison: Commissioner Freeman Parking Committee Liaison: Commissioner Freeman Commissioner Ford made a motion to nominate all committee members and liaisons as confirmed by Chairman Peters. Seconded by Commissioner Asaro. The motion was approved by voice call 6-0. 5. ADJOURNMENT Commissioner Ford motioned to adjourn the meeting, and Commissioner Freeman seconded the motion. The meeting was adjourned at 8:04 pm. Respectfully Submitted, Damir Latinovic Neighborhood and Land Use Planner, Community Development Department 437 of 605 Business or Vocational Schools Text Amendment 13PLND-0114 438 of 605 Memorandum To: Chair and Members of the Plan Commission From: Mark Muenzer, Community Development Director Melissa Klotz, Interim Zoning Administrator Subject: Discussion of Draft Text Amendment Ordinance 3-O-14 for Business or Vocational Schools, 13PLND-0114 Date: December 20, 2013 Proposal Overview The Zoning Ordinance does not currently feature a use category for Business or Vocational Schools. Such facilities should have an established zoning definition and land use approval as permitted and special uses similar to the land use regulations of Educational Institutions. The Zoning Ordinance should also be amended to clarify the difference between such facilities and College/University Institutions. There is one establishment, the Career Institute at 990 Grove Street, that hopes to launch a large- scale Business or Vocational School. Recommendation Following the November 20, 2013 Zoning Committee meeting, City staff and the Zoning Committee of the Plan Commission recommend amending the Zoning Ordinance to establish Business or Vocational Schools as permitted uses in all Commercial, Mixed Use, and University Districts, and special uses in all other zoning districts. Such facilities typically feature similar impacts to that of Educational Institutions. City staff also recommends amending the zoning definition of College/University Institutions to clarify the difference between the uses. Summary In the past, Business or Vocational Schools (previously referred to as vocational training facilities) small in scale have been classified as office uses. Such facilities have typically featured 30 clients or less, and have been viewed as being similar in impact to other office uses. Larger facilities that are not similar in intensity and impact to other office uses do not currently have a zoning use category. Business or Vocational Schools are similar in nature and intensity to Educational Institutions. The land use regulations for Educational Institutions are as follows: 439 of 605 R1-R6 B1-B3 C1-C2 D1-D4 I1-I3 M’s O1,RP T1-T2 U1-U3 Educational Institutions - Private S P P S P (S in MXE) S P (not in U2) Educational Institutions - Public P P P S P P P (not in U2) Business or Vocational Schools may feature programs including classroom study for nursing, medical billing, and computer technology, as well as more intense uses such as automobile repair and general trade contractors such as electricians, air conditioning repair, and plumbing. Proposed Regulations Since Business or Vocational Schools feature many of the same goals and objectives as Educational Institutions, have similar models of operation, and similar land use characteristics and neighborhood impacts as Educational Institutions, it is appropriate to regulate such facilities in a similar fashion. However, Business or Vocational Schools are typically intended for adult or teenage clientele and may feature programs that create minor nuisances such as automobile repair, additional regulation is needed. The Zoning Committee and City staff recommend Business or Vocational Schools utilize the following zoning definition and land use regulations: Business or Vocational School – a privately-owned or publicly-owned post-secondary school, other than a community college or four-year “College/University Institution”, providing occupational or job skills in a variety of technical subjects and trades for specific occupations. R1-R6 B1-B3 C1-C2 D1-D4 I1-I3 M’s O1 RP T1-T2 U1-U3 Business or Vocational Schools S S P S S P S S S P Additionally, clarification should be made to the zoning definition of College/University Institution. The added clarification is underlined below: College/University Institution – A privately-owned or publicly-owned institution providing full-time or part-time education, other than “Business or Vocational Schools”, beyond the high school level, including any lodging rooms or housing for students or faculty. Such change to the College/University Institution definition should not affect Northwestern University since the proposed Business or Vocational School use is permitted in the U Districts. Other Communities The Village of Skokie defines such use as “School, Technical and Trade,” and includes multiple subcategories. Skokie regulates the use similarly to the other educational uses, except that “School, Technical and Trade” is not allowed in residential districts. The Village of Niles does not specifically define the use, but instead lumps vocational 440 of 605 schools into the same land use category as colleges, universities, and trade schools, which are special uses in all residential districts and business districts, but not permitted in manufacturing or public land districts. The Village of Oak Park defines such use under the generic “School” definition, which is “a public, parochial or private organization providing educational instruction to children or adults.” The land use regulations further split the definition up as “Post high school educational or instructional institutions or facilities, public & private,” which is a permitted use in all non-residential districts with the exception of special use designation in the B4 district. (See attached supporting documents). Attachments Draft Ordinance 3-O-14 Zoning Committee of the Plan Commission Draft Meeting Minutes – November 20, 2013 Zoning Committee of the Plan Commission Packet – November 20, 2013 441 of 605 12/26/2013 3-O-14 AN ORDINANCE Amending Portions of the Zoning Ordinance to Create the “Business or Vocational” Use and Amend the Definition of “College/University Institution” WHEREAS, on January 8, 2014, the Plan Commission held a public hearing, pursuant to proper notice, regarding case no. 13PLND-0114 to consider various amendments to the text of Title 6 of the Evanston City Code of 2012, as amended (the “Zoning Ordinance”), relating to the creation of the Use known as “Vocational Training Facility;” 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 January 27, 2014, the Planning and Development Committee of the City Council considered and adopted the findings and recommendation of the Plan Commission in case no. 13PLND-0114 and recommended City Council approval thereof; and WHEREAS, at its meetings of January 27 and February 10, 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: 442 of 605 3-O-14 ~2~ SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: Section 6-18-3 of the Zoning Ordinance, “Definitions,” is hereby amended to include the following: BUSINESS OR VOCATIONAL SCHOOL: a privately-owned or publicly owned post-secondary school, other than a community college or four- year “College/university institution”, providing occupational or job skills in a variety of technical subjects and trades for specific occupations. COLLEGE/UNIVERSITY INSTITUTION: A privately-owned or publicly- owned institution providing full-time or part-time education, other than “Business or vocational school”, beyond the high school level, including any lodging rooms or housing for students or faculty. SECTION 3: Subsection 6-8-2-4 of the Zoning Ordinance, “Special Uses” in the R1 District, is hereby amended to include “Business or Vocational School.” SECTION 4: Subsection 6-8-3-3 of the Zoning Ordinance, “Special Uses” in the R2 District, is hereby amended to include “Business or Vocational School.” SECTION 5: Subsection 6-8-4-3 of the Zoning Ordinance, “Special Uses” in the R3 District, is hereby amended to include “Business or Vocational School.” SECTION 6: Subsection 6-8-5-3 of the Zoning Ordinance, “Special Uses” in the R4 District, is hereby amended to include “Business or Vocational School.” SECTION 7: Subsection 6-8-6-3 of the Zoning Ordinance, “Special Uses” in the R4a District, is hereby amended to include “Business or Vocational School.” SECTION 8: Subsection 6-8-7-3 of the Zoning Ordinance, “Special Uses” in the R5 District, is hereby amended to include “Business or Vocational School.” SECTION 9: Subsection 6-8-8-3 of the Zoning Ordinance, “Special Uses” in the R6 District, is hereby amended to include “Business or Vocational School.” 443 of 605 3-O-14 ~3~ SECTION 10: Subsection 6-9-2-3 of the Zoning Ordinance, “Special Uses” in the B1 District, is hereby amended to include “Business or Vocational School.” SECTION 11: Subsection 6-9-3-3 of the Zoning Ordinance, “Special Uses” in the B2 District, is hereby amended to include “Business or Vocational School.” SECTION 12: Subsection 6-9-4-3 of the Zoning Ordinance, “Special Uses” in the B3 District, is hereby amended to include “Business or Vocational School.” SECTION 13: Subsection 6-9-5-3 of the Zoning Ordinance, “Special Uses” in the B1a District, is hereby amended to include “Vocational Training Facility.” SECTION 14: Subsection 6-10-2-2 of the Zoning Ordinance, “Permitted Uses” in the C1 District, is hereby amended to include “Business or Vocational School.” SECTION 15: Subsection 6-10-3-2 of the Zoning Ordinance, “Permitted Uses” in the C1a District, is hereby amended to include “Business or Vocational School.” SECTION 16: Subsection 6-10-4-2 of the Zoning Ordinance, “Permitted Uses” in the C2 District, is hereby amended to include “Business or Vocational School.” SECTION 17: Subsection 6-11-2-3 of the Zoning Ordinance, “Special Uses” in the D1 District, is hereby amended to include “Business or Vocational School.” SECTION 18: Subsection 6-11-3-4 of the Zoning Ordinance, “Special Uses” in the D2 District, is hereby amended to include “Business or Vocational School.” SECTION 19: Subsection 6-11-4-3 of the Zoning Ordinance, “Special Uses” in the D3 District, is hereby amended to include “Business or Vocational School.” SECTION 20: Subsection 6-11-5-3 of the Zoning Ordinance, “Special Uses” in the D4 District, is hereby amended to include “Business or Vocational School.” 444 of 605 3-O-14 ~4~ SECTION 21: Subsection 6-12-2-3 of the Zoning Ordinance, “Special Uses” in the RP District, is hereby amended to include “Business or Vocational School.” SECTION 22: Subsection 6-13-2-2 of the Zoning Ordinance, “Permitted Uses” in the MU District, is hereby amended to include “Business or Vocational School.” SECTION 23: Subsection 6-13-3-2 of the Zoning Ordinance, “Permitted Uses” in the MUE District, is hereby amended to include “Business or Vocational School.” SECTION 24: Subsection 6-13-4-2 of the Zoning Ordinance, “Permitted Uses” in the MXE District, is hereby amended to include “Business or Vocational School.” SECTION 25: Subsection 6-14-2-3 of the Zoning Ordinance, “Special Uses” in the I1 District, is hereby amended to include “Business or Vocational School.” SECTION 26: Subsection 6-14-3-3 of the Zoning Ordinance, “Special Uses” in the I2 District, is hereby amended to include “Business or Vocational School.” SECTION 27: Subsection 6-14-4-3 of the Zoning Ordinance, “Special Uses” in the I3 District, is hereby amended to include “Business or Vocational School.” SECTION 28: Subsection 6-15-2-3 of the Zoning Ordinance, “Special Uses” in the O1 District, is hereby amended to include “Business or Vocational School.” SECTION 29: Subsection 6-15-3-3 of the Zoning Ordinance, “Special Uses” in the T1 District, is hereby amended to include “Business or Vocational School.” SECTION 30: Subsection 6-15-4-3 of the Zoning Ordinance, “Special Uses” in the T2 District, is hereby amended to include “Business or Vocational School.” 445 of 605 3-O-14 ~5~ SECTION 31: Subsection 6-15-5-2 of the Zoning Ordinance, “Permitted Uses” in the U1 District, is hereby amended to include “Business or Vocational School.” SECTION 32: Subsection 6-15-6-2 of the Zoning Ordinance, “Permitted Uses” in the U1a District, is hereby amended to include “Business or Vocational School.” SECTION 33: Subsection 6-15-7-2 of the Zoning Ordinance, “Permitted Uses” in the U2 District, is hereby amended to include “Business or Vocational School.” SECTION 34: Subsection 6-15-8-2 of the Zoning Ordinance, “Permitted Uses” in the U3 District, is hereby amended to include “Business or Vocational School.” SECTION 35: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 36: 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 37: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 38: 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. 446 of 605 3-O-14 ~6~ Introduced:_________________, 2014 Adopted:___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 447 of 605 DRAFT NOT APPROVED Page 1 of 3 Evanston Zoning Committee of the Plan Commission Minutes MEETING MINUTES ZONING COMMITTEE OF THE PLAN COMMISSION Wednesday, November 20, 2013 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Room 2403 Members Present: Richard Shure, Scott Peters, Jim Ford, Patricia Ledesma, Stuart Opdycke Members Absent: Kwesi Steele, Dave Galloway, Barbara Putta, Lenny Asaro, Seth Freeman Staff Present: Melissa Klotz, Michelle Masoncup Presiding Member: Richard Shure, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM With a quorum present, Chairman Shure called the meeting to order at 7:00pm. 2. MINUTES Approval of October 16, 2013 Zoning Committee of the Plan Commission Meeting Minutes: Commissioner Peters motioned for approval of the October 16, 2013 meeting minutes. Commissioner Ledesma seconded the motion. A voice vote was taken and the minutes were approved. 3. UNFINISHED BUSINESS 4. NEW BUSINESS A) TEXT AMENDMENT TO THE ZONING ORDINANCE 13PLND-0114 Specifically consider a text amendment, pursuant to City Code § 6-18-3, Definitions, to discuss the zoning definitions for Educational Institution – Private, and Educational Institution – Public. Ms. Klotz explained the staff proposal to amend the zoning definition of Educational Institutions to include vocational training facilities. The committee determined certain vocational training facilities may create nuisances, such as auto mechanic repair classes, so a vocational training should be a separate zoning use with different land use regulation from Educational Institutions. The committee suggested the following districts as permitted and special use: 448 of 605 DRAFT NOT APPROVED Page 2 of 3 Evanston Zoning Committee of the Plan Commission Minutes R1-R6 B1-B3 C1-C2 D1-D4 I1-I3 M’s O1 RP T1-T2 U1-U3 Business or Vocational Schools S S P S S P S S S P The committee suggested staff propose a zoning definition as the text amendment moves forward to the Plan Commission. Commissioner Ledesma noted she likes the Skokie definition, and Commissioner Peters noted the definition of University/College would need to be amended for clarification. Commissioner Peters motioned to recommend approval of the proposed land use regulations for vocational training facilities, noting staff should create a new zoning definition for the use that is modeled after the first half of the Skokie definition, and with modification to the University/College definition as necessary. Commissioner Ford seconded the motion, which was approved 5-0. B) TEXT AMENDMENT TO THE ZONING ORDINANCE 13PLND-0115 Specifically consider a text amendment, pursuant to City Code § 6-4-6-9, Special Regulations Applicable to Air Conditioning Equipment, to discuss the zoning regulations for Air Conditioning Equipment. Ms. Klotz explained the staff proposal to amend the zoning setbacks for air conditioning equipment since the regulations are overly restrictive and results in many variance requests. Commissioner Peters noted the proposed regulation changes would not allow homeowners to place a/c units near the property line on a corner lot since the regulation would require such units to be located within 2’ of the house. Commissioner Ford motioned to recommend approval of the proposed text amendment as recommended by staff. Commissioner Opdycke seconded the motion, which was approved 5-0. Commissioner Peters thanked Commissioner Ledesma for her service on the Plan Commission, noting this as her last meeting. 5. DISCUSSION 6. ADJOURNMENT Commissioner Ford motioned for adjournment and Commissioner Peters seconded the motion. The meeting adjourned at 8:00pm. The next meeting of the Zoning Committee of the Plan Commission will be Wednesday, December 18, 2013 at 7:00pm., in room 2403 of the Lorraine H. Morton Civic Center, 2100 Ridge Avenue. Respectfully Submitted, 449 of 605 DRAFT NOT APPROVED Page 3 of 3 Evanston Zoning Committee of the Plan Commission Minutes Melissa Klotz Zoning Planner, Community Development Department 450 of 605 451 of 605 452 of 605 453 of 605 454 of 605 455 of 605 456 of 605 457 of 605 458 of 605 459 of 605 460 of 605 461 of 605 462 of 605 For City Council meeting of January 27, 2014 Item P3 Ordinance 12-O-14: Special Use for a Type 2 Restaurant at 337 Howard Street For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Community Development Director Melissa Klotz, Interim Zoning Administrator Jennifer Hackman, Zoning Division Subject: Ordinance 12-O-14, Granting Special Use for a Type 2 Restaurant, Harold’s Chicken Shack Date: December 20, 2013 Recommended Action The Zoning Board of Appeals and City staff recommend adoption of Ordinance 12-O- 14, granting a special use permit for operation of a Type 2 Restaurant, Harold’s Chicken Shack, at 337 Howard Street. The applicant has complied with all zoning requirements, and meets all of the standards of a special use in a B3 Business District. This ordinance was introduced at the January 13, 2014 City Council meeting. Summary The applicant Kelly Roberts proposes a Type 2 Restaurant, Harold’s Chicken Shack, at 337 Howard Street. Harold’s Chicken Shack is a franchise. The applicant owns two other restaurants in the city of Chicago, on 79th Street and Stoney Island Avenue, respectively. Harold’s Chicken Shack will operate from 11:00 AM to 10:00 PM Monday through Sunday. The restaurant will have seating for 10, including accessible seating. The owner anticipates 100 customers per day and that 80% of food sales will be for carryout. No delivery service will be provided. The owner plans to hire 8 employees and to operate two separate shifts: a morning and an evening shift. 337 Howard Street is a unit within a mixed-use structure close to Evanston’s southeast border, midway between Chicago Avenue and the CTA railway. It is surrounded by the following: Memorandum 463 of 605 North: I2 Industrial District East: B3 Business District South: Chicago Commercial area West: B3 Business District The site has alley access to the north. There is no parking on site; however, the location is very close to the Howard Street CTA station. Recent uses of this unit include a cell phone store and a restaurant. Much of the interior build-out from the prior restaurant use has remained in place. Deliveries are expected every other day and will be made via the alley. The alley will also be used for waste disposal. The restaurant will include new kitchen appliances, one accessible public restroom and one restroom for employee use. Some work without permit has been performed; however, work has stopped until a building permit can be issued. The applicant is aware of and agrees to the litter collection and pickup plan. The applicant intends to change the awning sign to read Harold’s Chicken Shack and refurbish the windows. Neighborhood Benefit The proposal will establish a business in a vacant unit that has experienced high turnover in recent years. Staff is unaware of objections from any neighboring properties. Comprehensive Plan The Evanston Comprehensive General Plan encourages new development along existing commercial corridors that can add to the property tax base, sales tax revenue, and convenience for neighborhoods. 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. Objective: Recognize and support the strong role neighborhood business districts play in Evanston’s economy and its identity. Legislative History December 17, 2013: The ZBA heard the case for the proposed Harold’s Chicken Shack Type 2 Restaurant. The ZBA found the proposed Harold’s Chicken Shack to be an 464 of 605 asset for the neighborhood. The ZBA unanimously recommended the City Council approve the application for a special use permit with the following conditions: 1) Applicant must abide by the Litter Collection and Pick-Up Plan 2) Hours to be between 10:00 AM and 10:00 PM 3) Project must be in substantial compliance with the documents and testimony on record Attachments Proposed Ordinance 12-O-14 December 17, 2013 ZBA Draft Meeting Minutes ZBA Findings Staff Memo to the ZBA ZBA Application Packet – December 17, 2013 465 of 605 12/20/2013 12-O-14 AN ORDINANCE Granting a Special Use Permit for a Type 2 Restaurant Located at 337 Howard Street in the B3 Business Zoning District (“Harold’s Chicken Shack”) WHEREAS, the Zoning Board of Appeals (“ZBA”) met on December 17, 2013, pursuant to proper notice, to consider case no. 13ZMJV-0111, an application filed by Harold’s Chicken Shack, lessee of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 337 Howard Street (the “Subject Property”) and located in the B3 Business Zoning District, for a Special Use Permit to establish, pursuant to Subsection 6-9-4-3 of the Evanston City Code, 2012, as amended (“the Zoning Ordinance”), a Type 2 Restaurant, “Harold’s Chicken Shack,” 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 January 13, 2014, the Planning and Development Committee of the City Council (“P&D Committee”) considered the ZBA’s record and findings and recommended the City Council accept the ZBA’s recommendation and approve the application in case no. 13ZMJV-0111; and 466 of 605 12-O-14 ~2~ WHEREAS, at its meetings of January 13 and January 27, 2014, the City Council considered and adopted the respective records, findings, and recommendations of the ZBA and P&D Committee, as amended, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: The City Council hereby approves the Special Use Permit for a Type 2 Restaurant on the Subject Property as applied for in case no. 13ZMJV- 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. 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. 467 of 605 12-O-14 ~3~ C. Litter Pick-Up Plan: The Applicant and/or the owner of the Subject Property shall provide and maintain, on the Subject Property, exterior litter receptacles, in sufficient number and type, and with collections therefrom of sufficient number and frequency, in the City’s judgment, to contain, with lids tightly shut, all litter emanating from operation of the Special Use authorized hereby. Litter shall be collected no less than three (3) times per week, including collections on Sundays as necessary, in the City’s judgment, to comply with this condition. All litter receptacles shall be maintained in a clean condition with tight-fitting lids, and shall be placed on Code-compliant surfaces. The owner of the Subject Property shall provide adequate space at the rear of and on the Subject Property to accommodate the litter receptacles and collections required. Within seven (7) days of written notice from the City to do so, the Applicant and/or the owner of the Subject Property shall modify the number of litter receptacles and/or the number of collections therefrom, as directed by the City. D. Hours of Operation: The Applicant shall not operate the Type 2 Restaurant authorized by this ordinance between 10:00 p.m. and 10:00 a.m. on any day. 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. 468 of 605 12-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. Introduced:_________________, 2014 Adopted:___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 469 of 605 12-O-14 ~5~ EXHIBIT A LEGAL DESCRIPTION ALL THAT PART OF THE SOUTH 6.25 CHAINS OF THE NORTHEAST ¼ OF SECTION 30, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING ON A LINE PARALLEL TO AND 33 FEET NORTH OF SOUTH LINE OF SAID NORTHEAST ¼ AT A POINT 450.87 FEET EAST OF THE EASTERLY LINE OF CLARK STREET NOW KNOWN AS CHICAGO AVENUE, THENCE EAST ALONG SAID FIRST MENTIONED LINE 100 FEET TO THE CENTER LINE OF A 13 INCH BRICK WALL (SAID WALL RUNNING DUE NORTH FROM SAID FIRST MENTIONED LINE A DISTANCE OF 85 FEET); THENCE NORTH ALONG THE CENTER LINE OF SAID WALL A DISTANCE OF 85 FEET TO THE SOUTH LINE OF AN EAST AND WEST ALLEY; THENCE WEST ALONG A LINE PARALLEL TO THE SOUTH LINE OF SAID NORTHEAST ¼ A DISTANCE OF 100 FEET; THENCE SOUTH A DISTANCE OF 85 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. PIN: 11-30-213-019-0000 COMMONLY KNOWN AS: 337 Howard Street, Evanston, Illinois. 470 of 605 DRAFT NOT APPROVED MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, December 17, 2013 7:00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Matt Rodgers, Mary Beth Berns, Clara Wineberg, Andrew Gallimore Members Absent: Beth McLennan, Violetta Cullen, Scott Gingold Staff Present: Melissa Klotz, Mark Muenzer, Michelle Masoncup, Mario Treto Chair: Matt Rodgers Declaration of Quorum With a quorum present, Chair Rodgers called the meeting to order at 7:05 pm. Approval of Minutes The minutes from the November 19, 2013 Zoning Board of Appeals meeting were motioned for approval by Ms. Berns and seconded by Ms. Wineberg. The motion was approved 3-0 with one abstention. New Business 115 Dempster Street ZBA 13ZMJV-0112 John Henderson, property owner, applies for major zoning relief to construct an attached 3-car one-story garage. The applicant requests a west side yard setback of .5’ where 5’ is required (Zoning Code Section 6-8-2-8-A-3), and a rear yard setback of .5’ where 30’ is required (Zoning Code Section 6-8-2-8-A-4). The Zoning Board of Appeals is the determining body for this case. Ms. Klotz read to case into the record. Chris Meekus, property owners, architect, presented the case: • Existing house and garage are legally non-conforming • The case received unanimous approval from the Preservation Commission • There is no other viable location for the garage • The case received unanimous approval from SPAARC • All neighbors have written in support of the project Chair. Rodgers noted that there is no rear yard and asked why the applicant wished to construct a 3-car garage to replace a 2.5-car garage. Mr. Henderson explained that the garage needs to be wider to allow for car doors and expanded for a tandem third car. Ms. Berns asked why the applicant wished to move the garage to the east. In response, Mr. Henderson said the garage needs to be 3.5’ longer to fit the third luxury vehicle. Chair Rodgers wondered if the change to a third car was the minimum change necessary. Ms. Wineberg suggested that since the property is large and historic property there is a unique situation. Chair Rodgers asked if there was driveway space available for temporary parking for a third space. The answer was there is no space on the property and the garage could not be moved south because of a large elm tree. Page 1 of 6 Zoning Board of Appeals 471 of 605 DRAFT NOT APPROVED • The restaurant will include 10 seats for dine-in customers Page 2 of 6 Zoning Board of Appeals The Zoning Board then entered into deliberations: Ms. Wineberg suggested this was not an unreasonable request given the unique historic nature of the property and the location of the existing house. Mr. Gallimore agreed. Ms. Berns offered that she was not sure the application reflected the minimum change necessary but understood why the desire for space for a third car. Chair Rodgers reiterated that there is no additional parking on the site. The Standards were addressed: 1) Yes 2) Yes 3) Yes 4) Yes 5) Yes 6) Yes 7) Yes Ms. Berns motioned to approve the proposal with the condition that the resulting construction substantially comply with the documents and testimony on record. Mr. Gallimore seconded. The motion passed 4-0. 337 Howard Street ZBA 13ZMJV-0111 Kelly Roberts, lessee, applies for a special use permit for a Type 2 Restaurant, Harold’s Chicken Shack, at 337 Howard Street. 337 Howard Street is located in the B3 Business District, which requires a special use permit for Type 2 Restaurants to operate (Zoning Code Section 6- 9-4-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read to case into the record. Ms. Roberts, lessee, explained the proposal: • Harold’s Chicken Shack is a franchise with approximately 60 locations in the Chicago area • The previous use of this property was as a phone store. Prior to that, a restaurant occupied the space • She was not aware a Special Use Permit was needed • She was unaware that her General Contractor had begun work prior to obtaining permits and has corrected this activity • Most of the interior improvements needed are already existing or newly constructed • 90% of the business will be takeout • There will be 6 employees working per shift • There is no on-site parking; however, public transportation is very close and off-street parking is available at the CTA and the Dominick’s parking lot • A dumpster is in the alley • The restaurant will receive deliveries 3X per week through the alley • She plans to adhere to the Litter Collection Plan • The restaurant will be open 11AM – 10PM except Sundays. On Sundays the restaurant will close at 8 PM. Chair Rodgers suggested that the maximum hours of operation be set from 10AM – 10PM as a condition of operation. The applicant noted that currently the grease vents out the back door but this may be changed to an indoor trap with a hood that goes to the roof. She also noted that she 472 of 605 DRAFT NOT APPROVED Page 3 of 6 Zoning Board of Appeals intends to improve the dilapidated windows but does not intend to paint the exterior of the building. Audience member Harry Major, a building owner who has previously rented to a Harold’s Chicken Shack franchisee in South Holland spoke in favor of the proposal. Ms. Roberts noted that she trained that franchisee. The Zoning Board then entered into deliberations: Ms. Wineberg suggested that a new business on Howard Street would be beneficial for the area. Ms. Berns and Mr. Gallimore agreed. Chair Rodgers added his hopes that the use increases property values. The Standards were addressed: 1) Yes 2) Yes 3) Yes 4) Yes 5) Yes 6) Yes 7) Yes 8) Yes 9) Yes Mr. Berns motioned to approve the request with three conditions: 1. Applicant must abide by Litter Collection Plan and Litter Pick-Up Plan 2. Hours to be between 10:00 AM and 10:00 PM 3. Project must be in substantial compliance with the documents and testimony on record Ms. Wineberg seconded the motion. The motion carried by a vote of 4-0. 815 Noyes Street ZBA 13ZMJV-0118 DMK Ventures-Noyes Street LLC, lessee, applies for a special use permit for a Type 2 Restaurant, DMK Burger & Fish, at 815 Noyes Street. 815 Noyes Street is located in the B1 Business District, which requires a special use permit for Type 2 Restaurants 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 to case into the record. David Morton, applicant, presented the proposal: • Mr. Morton owns DMS Restaurants. DMK Restaurants operates 6 restaurants in Chicagoland. All are full service with the exception of a location inside Soldiers’ Field • The restaurant at 815 Noyes will include seating for 25 patrons • 6 employees will work per shift • The restaurant will be open 10AM – 10PM daily • Some parking is available in the rear alley, by the CTA station • Deliveries via the alley are expected 2X-3X per week • He is able to adhere to the Litter Collection Plan • Garbage pickup will occur 2X-3X per week via the alley • Other than changing the awning, no changes will be made to the exterior 473 of 605 DRAFT NOT APPROVED Page 4 of 6 Zoning Board of Appeals Harry Major, property owner, made one suggestion and one correction to the previous testimony: • Request for expanded hours to 12AM or 2AM because of the restaurant’s proximity to Northwestern University and because no residences are immediately nearby. • Deliveries will be made from Noyes Court, it is not an alley The Zoning Board entered into deliberations: Mr. Gallimore noted support for the proposal. Ms. Berns added that it will be great and add traffic to the area. Ms. Wineberg agreed. In response to a question about the hours, Ms. Klotz noted that Ice & A Slice, located nearby, was approved to remain open until 12:00 AM with deliveries until 1:00 AM on weekends. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Ms. Berns made a motion to approve the proposal with four conditions: 1. Applicant must abide by Litter Collection Plan and Litter Pick-Up Plan 2. Hours to be between 10:00 AM and 12:00 AM 3. Employees must park in the rear of the property 4. Project must be in substantial compliance with the documents and testimony on record The motion was seconded by Ms. Wineberg and approved by a vote of 4-0. 1300 Oak Avenue ZBA 13ZMJV-0119 Yosef Meystel, property owner, and Fred Frankel, attorney, apply for a special use permit for a Retirement Home, Evanston Nursing Home, and major zoning relief for a one-story addition at 1300 Oak Avenue. 1300 Oak Avenue is located in the R5 General Residential District, which requires a special use permit for the expansion of a legally-nonconforming use (Zoning Code Section 6-8-7-3). The applicants request 69.5% building lot coverage where a maximum 45% is allowed (Zoning Code Section 6-8-7-6), 85% impervious surface coverage where a maximum 60% is allowed (Zoning Code Section 6-8-7-9-A), and a front yard setback of 8’ where 27’ is required (Zoning Code Section 6-8-7-7-A-1). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read to case into the record. Jon Lindstrom, architect, presented the proposal: • The property receives a life-safety citation each year because the porch is made of wood. The owners want to reconstruct the porch using new masonry and stone on the existing foundation. • A new, more inviting entrance is needed. It needs to be closer to the property line to allow space for the new vestibule entrance. • The porch will become an expanded dining area. • The existing ramp along the south side of the building will continue to be used 474 of 605 DRAFT NOT APPROVED Page 5 of 6 Zoning Board of Appeals Yosef Meystel added to the testimony: • The Evanston Nursing Home is a skilled nursing facility. • Handicap accessibility will continue to be located off of Dempster. Ms. Wineberg noted the new vestibule entrance may need to be bigger in order to be compliant with code. Mr. Lindstrom added that new landscaping is planned as there is little landscaping currently. Steve Sussholtz added to the testimony: • The existing porch is heated and has A/C and is one-story. • The existing entrance is odd and you have to go downstairs to get to the receptionist. • Materials will match the current façade. Chair Rodgers noted the plans indicated a 3% increase to the building lot coverage and impervious surface coverage. Ms. Berns asked if there was a way to mitigate the increase to impervious surface coverage. Mr. Sussholtz noted that the front walk is very small already. Chair Rodgers added that increased landscaping will mitigate the addition to impervious surface coverage. The Zoning Board entered into deliberations: Ms. Berns noted that she would agree with the rebuilding of the enclosed porch because it is currently fully enclosed. She also saw a need for the vestibule entrance. She would like to see permeable pavers wherever possible. Ms. Wineberg agreed. Chair Rodgers added that matching materials and new landscaping will improve the property. The Standards for a Special Use Permit were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes The Standards for a Variance were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes Chair Rodgers asked the applicants to make a good faith effort to reduce impermeability wherever possible. 1. Ms. Berns motioned to approve the Special Use Permit and the Building Lot Coverage, Impervious Surface Coverage and 8’ front yard setback variances on the condition that 475 of 605 DRAFT NOT APPROVED Page 6 of 6 Zoning Board of Appeals the project must be in substantial compliance with the documents and testimony on record. The motion was seconded by Ms. Wineberg and approved by a vote of 4-0. The meeting was adjourned at 8:50 PM. Respectfully Submitted, Melissa Klotz Zoning Division, Community Development Department 476 of 605 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 Case Number: 13ZMJV-0111 Address or Location: 337 Howard Street Applicant: Kelly Roberts, Harold’s Chicken Shack Proposed Special Use: Type 2 Restaurant After conducting a public hearing on December 17, 2013, the Zoning Board of Appeals makes the following findings of fact, reflected in the audio-visual recording of the hearing, 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 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 4-0 477 of 605 (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. Applicant must abide by Litter Collection Plan and Litter Pick-Up Plan 2. Hours to be between 10:00 AM and 10:00 PM 3. Project must be in substantial compliance with 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__ ____ ___X___ Clara Wineberg __X__ ____ _______ Scott Gingold _____ ____ _______ Beth McLennan _____ ____ ___X___ Matt Rodgers __X__ ____ _______ Violetta Cullen _____ ____ ___X___ Andrew Gallimore __X__ ____ 478 of 605 Memorandum To: Members of the Zoning Board of Appeals From: Mark Muenzer, Community Development Director Melissa Klotz, Interim Zoning Administrator Jennifer Hackman, Zoning Division Subject: 337 Howard Street, ZMJV-0111 ZBA Recommending Body, City Council Determining Body Date: December 13, 2013 Notice- Published in the November 28, 2013 Evanston Review: Kelly Roberts, lessee, applies for a special use permit for a Type 2 Restaurant, Harold’s Chicken Shack, at 337 Howard Street. 337 Howard Street is located in the B3 Business District, which requires a special use permit for Type 2 Restaurants to operate (Zoning Code Section 6-9-4-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Recommendation City staff and SPAARC recommend the Zoning Board of Appeals provides a favorable recommendation to City Council for approval of the special use for a Type 2 Restaurant. The applicant has complied with all zoning requirements, and meets all of the standards of a special use for this district. Site Background 337 Howard Street is a unit within a mixed-use structure close to Evanston’s southeast border, midway between Chicago Avenue and the CTA railway. It is surrounded by the following: North: I2 Industrial District East: B3 Business District South: Chicago Commercial area West: B3 Business District The site has alley access to the north. There is no parking on site; however, the location is very close to the Howard Street CTA station. Recent uses of this unit include a cell 479 of 605 phone store and a restaurant. Much of the interior build-out from the prior restaurant use has remained in place. Proposal The applicant proposes a Type 2 Restaurant, Harold’s Chicken Shack. Harold’s Chicken Shack is a franchise. The applicant owns two other restaurants in the city of Chicago, on 79th Street and Stoney Island Avenue, respectively. Harold’s Chicken Shack will operate from 11:00 AM to 10:00 PM Monday through Sunday. The restaurant will have seating for 10, including accessible seating. The owner anticipates 100 customers per day and that 80% of food sales will be for carryout. No delivery service will be provided. The owner plans to hire 8 employees and to operate two separate shifts: a morning and an evening shift. Deliveries to the restaurant are expected every other day and will be made via the alley. The alley will also be used for waste disposal. The restaurant will include new kitchen appliances, one accessible public restroom and one restroom for employee use. To date, some work without permit has been performed; however, work has stopped until a building permit is issued. The applicant is aware of and agrees to the litter collection and pickup plan. The applicant intends to change the awning sign to read Harold’s Chicken Shack and to paint the façade. The proposal will establish a business in a vacant unit that has experienced high turnover in recent years. Staff is not aware of objections from any neighboring properties. Ordinances Identified for Requested Relief: 6-9-4: B3 Business District 6-9-4-3: SPECIAL USES: The following uses may be allowed in the B1a business district, subject to the provisions set forth in section 6-3-5, “Special Uses”, of this title: Type 2 Restaurant (excluding accessory drive-through facilities) (among others listed) Comprehensive Plan The Evanston Comprehensive General Plan encourages new development along existing commercial corridors that can add to the property tax base, sales tax revenue, and convenience for neighborhoods. 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. Objective: Recognize and support the strong role neighborhood 480 of 605 business districts play in Evanston’s economy and its identity. Site Plan and Appearance Review Committee (SPAARC) Discussion and Recommendation: Ms. Kelly, owner, presented the restaurant plans. Committee members notified Ms. Kelly of the litter collection requirement. The Committee voted by a majority of 7-1-1, with one vote opposed and one abstention. Special Use Standards: For the ZBA to recommend that City Council grant a special use, the ZBA must find that the proposed special use: a) is one of the listed special uses for the zoning district in which the property lies; b) complies with the purposes and policies of the Comprehensive General Plan and the Zoning Ordinance; c) does not cause a negative cumulative effect in combination with existing special uses or as a category of land use; d) does not interfere with or diminish the value of property in the neighborhood; e) is adequately served by public facilities and services; f) does not cause undue traffic congestion; g) preserves significant historical and architectural resources; h) preserves significant natural and environmental resources; and i) complies with all other applicable regulations. Attachments Special Use Application – Submitted October 29, 2013 Standards Form Zoning Analysis Plat of Survey – April 17, 1928 Floor Plans Image of Property Aerial Photo of Property Zoning Map SPAARC Meeting Minutes – December 4, 2013 481 of 605 482 of 605 483 of 605 484 of 605 485 of 605 486 of 605 487 of 605 6-3-5-1: PURPOSE (of Special Uses) Special uses are those uses that, because of their potential adverse impact upon the immediate neighborhood and the City, as a whole, require a greater degree of scrutiny and review of site characteristics and impacts to determine their suitability in a given location. As such, the determination of special uses as appropriate shall be contingent upon their meeting a set of specific standards and the weighing, in each case, of the public need and benefit against the local impact, giving effect to the proposals of the applicant for ameliorating adverse impacts through special site planning and development techniques and contributions to the provisions of public improvements, sites, right of way and services. 6-3-5-10 Standards for Special Use 1. The requested special use is on of the SU's listed in the Zon. Ordin. Must list the ZO Section. 2. The requested special use is in keeping with the purposes and policies of the Comprehensive Gen. Plan & the zoning ordinance. RE: the CGP the applicant should be able to state the requested SU is not counter to its goals, objectives & policies. 3. The special use 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. 4. The requested special use does not interfere with or diminish the value of property in the neighborhood. 5. The requested special use can be adequately served by public facilities and services. 6. The requested special use does not cause undue traffic congestion. 488 of 605 7. The requested special use preserves significant historical and architectural resources. 8. The requested special use preserves significant natural and environmental features. 9. The requested special use 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. 489 of 605 490 of 605 491 of 605 492 of 605 493 of 605 494 of 605 495 of 605 496 of 605 497 of 605 498 of 605 11/18/13 337 howard street, evanston - Google Maps https://maps.google.com/maps?ie=UTF8&sll=42.019406,-87.674516&cbp=13,12.04,,0,1.99&cbll=42.019392,-87.674566&q=337+howard+street,+evanston&hq=…1/1 Address 337 W Howard St Evanston, IL 60202 © 2013 Google 499 of 605 337 Howard DISCLAIMER: This map and data are provided as-in without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information Scale 1:1,371 Made with Evanston's GIS Printed: Dec 13, 2013 3:29:31 PM500 of 605 337 Howard Zoning MapDISCLAIMER: This map and data are provided as-in without warranties of any kind.See www.cityofevanston.org/mapdisclaimers.html for more informationScale 1:1,320Made with Evanston's GISPrinted: Nov 18, 2013 10:17:21 AM501 of 605 SPAARC Meeting Minutes – December 4, 2013 Page 1 SITE PLAN AND APPEARANCE REVIEW COMMITTEE (SPAARC) MINUTES December 4, 2013 Members Present: J. Cory, I. Eckersberg, W. Hallen, M. Klotz, M. Muenzer, J. Murphy, J. Nelson, C. Ruiz, M. Tristan Staff Present: E. Golden, B. Newman Presiding Member: W. Hallen A quorum being present, Chair Hallen called the meeting to order at 2:32 p.m. New Business: 1) 337 Howard Street Recommendation to ZBA Application for a special use permit for a Type 2 Restaurant, Harold’s Chicken Shack APPLICATION PRESENTED BY: Kelly Roberts Lessee GENERAL DISCUSSION: Ms. Roberts presented plans for the restaurant. The following issues were discussed: • Hours of operation: 11:00 a.m. – 10:00 p.m., 7 days, but may be closed Sundays • Deliveries: every other day, through alley • Waste disposal in alley • At Mr. Muenzer’s inquiry, Ms. Roberts said she owns 2 other Harold’s Chicken franchises in Chicago • At Mr. Muenzer’s inquiry, Ms. Roberts said she chose Evanston because there are too many in Chicago • Chair Hallen advised her that as a Type 2 restaurant, she would be responsible for waste pickup within a 250’ radius of the restaurant • Exterior modifications: o Harold’s Chicken Shack sign on awning; not illuminated o Paint the façade • Chair Hallen advised her that she will need a sign permit for the sign • Seating: currently approximately 10 seats including accessible seating • Restrooms: 1 for employees, and 1 accessible for customers • Employees: 8, in 2 shifts • Ms. Roberts explained that her contractor had done work prior to applying for a permit without her knowledge and she is in the process of applying for a building permit; her contractor is licensed and has since passed the Evanston contractor test • Expects approximately 100 customers a day; 80% take out • Kitchen appliances are new (and will be subject to inspection as part of the permit process) Mr. Cory moved to recommend approval of the special use permit, seconded by Chair Hallen. The Committee voted by a majority of 7-2, with Mr. Muenzer opposed and Mr. Murphy abstaining. APPROVED 502 of 605 SPAARC Meeting Minutes – December 4, 2013 Page 2 2) 1300 Oak Avenue Recommendation to ZBA Application for a special use permit for a retirement home, Evanston Nursing Home, and major zoning relief for a one-story addition APPLICATION PRESENTED BY: Steve Sussholz SAS Architects John Lindstrom “ “ Yosef Meystel Owner GENERAL DISCUSSION: Mr. Sussholz presented plans for the addition. The following issues were discussed: • Currently the entrance is at midpoint between 2 levels; they propose to make the entrance so one can go down into the building instead of into a stairwell • Nursing home has been in existence since 1965; owned by current owner since 2006 • There are 57 residents and 45 staff with 20 present at any given time; 24 hours/day • Propose to: o Add an addition to make enough space to enter the building o Rebuild enclosed porch of non combustible material to use as a dining room o Addition will match existing stone and brick, and windows will be improved (vinyl) • Chair Hallen commented that the plans are an improvement • There is an accessible ramp on Dempster • Nursing home is licensed by the Illinois Dept. of Health • Zoning Variations: o Currently no special use permit for the retirement home (Zoning term for nursing home) o A special use permit is required because they are expanding the floor area o Front lot line setback: request 8’; 27’ is required o Building lot coverage: request a 3% increase from their legally nonconforming 66% to 69.5%; where 45% is allowed o Impervious surface: request a 3% increase from their legally nonconforming 82% to 85%; where 65% is allowed • At Mr. Ruiz’s inquiry whether they could reduce these requests, Mr. Sussholz said the only impervious area they are adding is a tiny corner where the addition is • The vestibule must be a little bigger to give head room for entry which is currently at mid point between the 2 levels Mr. Muenzer moved to recommend approval of the special use and major zoning relief, seconded by Mr. Murphy. The Committee voted unanimously 9-0 to recommend approval of the special use and major zoning relief to the ZBA. Other Business: APPROVAL OF MINUTES FROM NOVEMBER 20, 2013 Mr. Murphy moved to approve the minutes, seconded by Mr. Nelson. The Committee voted unanimously 9-0 to approve the November 20, 2013 minutes. The meeting adjourned at 2:57 p.m. Respectfully submitted, Bobbie Newman 503 of 605 For City Council meeting of January 27, 2014 Item P4 Ordinance 13-O-14: Special Use for a Type 2 Restaurant at 815 Noyes Street For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Community Development Director Melissa Klotz, Interim Zoning Administrator Jennifer Hackman, Zoning Division Subject: Ordinance 13-O-14, Granting Special Use for a Type 2 Restaurant, DMK Burger Bar and Fish Bar Date: December 20, 2013 Recommended Action The Zoning Board of Appeals and City staff recommend adoption of Ordinance 13-O- 14, granting a special use permit for operation of a Type 2 Restaurant, DMK Burger Bar and Fish Bar, at 815 Noyes Street. The applicant has complied with all zoning requirements, and meets all of the standards of a special use in a B1 Business District. This ordinance was introduced at the January 13, 2014 City Council meeting. Summary DMK Burger Bar and Fish Bar is a proposed restaurant by DMK Group, which owns and operates several high quality restaurants in the Chicago area, including two DMK Burger Bars, one of which operates within Soldier Field. The proposed restaurant at 815 Noyes Street would primarily offer burgers and fish sandwiches popular at the group’s other locations. The restaurant will offer seating for up to 30 patrons and plans to open as a Type 1 Restaurant but is seeking Special Use approval for a Type 2 Restaurant because the owner wishes to allow patrons to order food to go. There will be no food delivery service. 815 Noyes Street sits mid-block between Noyes Court and Sherman Avenue within a B1 Business District and is surrounded by the following: North: R5 Multi-Family Homes East: B1 Business District South: R5 Multi-Family Homes Memorandum 504 of 605 West: B1 Business District Tallmadge Park is to the west of the property, as is the Noyes CTA L station, located at 901 Noyes Street. The last two uses at the location include Fraiche Café and Kim’s Kitchen. Both were classified as Specialty Food Stores; however Fraiche Café operated a sidewalk café and functioned similarly to a Type 2 Restaurant. The site has alley access on its west side. DMK Burger Bar and Fish Bar will offer exceptional service and very high quality food in a fast casual space. Some of the operational details are yet to be determined; however the concept is fast-casual; orders will be taken at the counter and food will be consumed on site. The owner wishes to afford customers the opportunity to carry food out and has indicated that 2% of business will be carryout; however staff believes the actual percentage will be larger. The restaurant proposes to be open 6 days a week, Tuesday through Sunday from 10 AM to 10 PM. No more than 6 employees will be present at any given time. There are a few parking spaces behind the building that the owner expects will be used by management. The owner is aware of the litter collection requirement and has indicated that he has a strong track record of being a good neighbor at other restaurant locations. The alley will provide access to both deliveries to the restaurant and garbage pickup. Neighborhood Benefit This use should not cause any type of negative effect on the surrounding properties. DMK Burger Bar and Fish Bar will reactivate a building in the B1 Business District with a distinctive, quality restaurant. Although the interior is currently conducive to use as a restaurant, the owner is investing $250,000 in improvements. Staff is not aware of objections from any neighboring properties. Comprehensive Plan The Evanston Comprehensive General Plan encourages new development along existing commercial corridors that can add to the property tax base, sales tax revenue, and convenience for neighborhoods. 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. Objective: Recognize and support the strong role neighborhood business districts play in Evanston’s economy and its identity. 505 of 605 Legislative History December 17, 2013: The ZBA heard the case for the proposed DMK Burger Bar and Fish Bar Type 2 Restaurant. The ZBA found the proposed DMK Burger Bar and Fish Bar to be an asset for the neighborhood. The ZBA unanimously recommended the City Council approve the application for a special use permit with the following conditions: 1. The restaurant must abide by Litter Collection and Pick-Up Plan 2. Hours to be between 10:00 AM and 12:00 AM 3. Employees must park in the rear of the property 4. Project must be in substantial compliance with the documents and testimony on record Attachments Proposed Ordinance 13-O-14 December 17, 2013 ZBA Draft Meeting Minutes ZBA Findings Staff Memo to the ZBA ZBA Application Packet – December 17, 2013 506 of 605 12/20/2013 13-O-14 AN ORDINANCE Granting a Special Use Permit for a Type 2 Restaurant Located at 815 Noyes Street in the B1 Business Zoning District (“DMK Burger Bar & Fish Bar”) WHEREAS, the Zoning Board of Appeals (“ZBA”) met on December 17, 2013, pursuant to proper notice, to consider case no. 13ZMJV-0118, an application filed by DMK Burger Bar & Fish Bar, lessee of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 815 Noyes Street (the “Subject Property”) and located in the B1 Business Zoning 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, “DMK Burger Bar & Fish Bar,” 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 January 13, 2014, the Planning and Development Committee of the City Council (“P&D Committee”) considered the ZBA’s record and findings and recommended the City Council accept the ZBA’s recommendation and approve the application in case no. 13ZMJV-0118; and 507 of 605 13-O-14 ~2~ WHEREAS, at its meetings of January 13 and January 27, 2014, the City Council considered and adopted the respective records, findings, and recommendations of the ZBA and P&D Committee, as amended, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: The City Council hereby approves the Special Use Permit for a Type 2 Restaurant on the Subject Property as applied for in case no. 13ZMJV- 0118. 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. 508 of 605 13-O-14 ~3~ C. Litter Pick-Up Plan: The Applicant and/or the owner of the Subject Property shall provide and maintain, on the Subject Property, exterior litter receptacles, in sufficient number and type, and with collections therefrom of sufficient number and frequency, in the City’s judgment, to contain, with lids tightly shut, all litter emanating from operation of the Special Use authorized hereby. Litter shall be collected no less than three (3) times per week, including collections on Sundays as necessary, in the City’s judgment, to comply with this condition. All litter receptacles shall be maintained in a clean condition with tight-fitting lids, and shall be placed on Code-compliant surfaces. The owner of the Subject Property shall provide adequate space at the rear of and on the Subject Property to accommodate the litter receptacles and collections required. Within seven (7) days of written notice from the City to do so, the Applicant and/or the owner of the Subject Property shall modify the number of litter receptacles and/or the number of collections therefrom, as directed by the City. D. Hours of Operation: The Applicant shall not operate the Type 2 Restaurant authorized by this ordinance between 12:00 midnight and 10:00 a.m. on any day. E. Employee Parking: Any employee parking shall park in the designated spaces in the rear of the Subject Property. F. Recordation: Before it may operate the Special Use authorized by the terms of this ordinance, the Applicant shall record, at its cost, a certified copy of this ordinance with the Cook County Recorder of Deeds. SECTION 4: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect 509 of 605 13-O-14 ~4~ 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 510 of 605 13-O-14 ~5~ EXHIBIT A LEGAL DESCRIPTION LOT 11, (EXCEPT THE NORTH 196.8 FEET THEREOF AND EXCEPT THE EAST 26 FEET 10 INCHES OF THE SOUTH 130 FEET THEREOF), IN BLOCK 3 IN OWNER’S RESUBDIVISION OF EVANSTON IN THE SOUTHWEST ¼ OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS, ALSO: THE EAST 26 FEET 10 INCHES OF THE SOUTH 130.0 FEET OF LOT 11 IN BLOCK 3, IN OWNER’S RESUBDIVISION OF BLOCKS 2, 5 AND 6 IN ORRINGTON ADDITION TO EVANSTON IN THE SOUTHWEST ¼ OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, ALSO: THE WEST 40.0 FEET OF THE SOUTH 50 FEET OF LOT 5 AND THE WEST 35 FEET OF LOT 5 (EXCEPT THE SOUTH 50 FEET THEREOF) AND THE WEST 35 FEET OF LOT 4 (EXCEPT THE NORTH 45 FEET THEREOF) ALL IN BLOCK 92 IN NORTHWESTERN UNIVERSITY SUBDIVISION IN THE SOUTHWEST ¼ OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 11-07-115-019-0000 COMMONLY KNOWN AS: 813 – 821 Noyes Street, Evanston, Illinois. 511 of 605 DRAFT NOT APPROVED MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, December 17, 2013 7:00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Matt Rodgers, Mary Beth Berns, Clara Wineberg, Andrew Gallimore Members Absent: Beth McLennan, Violetta Cullen, Scott Gingold Staff Present: Melissa Klotz, Mark Muenzer, Michelle Masoncup, Mario Treto Chair: Matt Rodgers Declaration of Quorum With a quorum present, Chair Rodgers called the meeting to order at 7:05 pm. Approval of Minutes The minutes from the November 19, 2013 Zoning Board of Appeals meeting were motioned for approval by Ms. Berns and seconded by Ms. Wineberg. The motion was approved 3-0 with one abstention. New Business 115 Dempster Street ZBA 13ZMJV-0112 John Henderson, property owner, applies for major zoning relief to construct an attached 3-car one-story garage. The applicant requests a west side yard setback of .5’ where 5’ is required (Zoning Code Section 6-8-2-8-A-3), and a rear yard setback of .5’ where 30’ is required (Zoning Code Section 6-8-2-8-A-4). The Zoning Board of Appeals is the determining body for this case. Ms. Klotz read to case into the record. Chris Meekus, property owners, architect, presented the case: • Existing house and garage are legally non-conforming • The case received unanimous approval from the Preservation Commission • There is no other viable location for the garage • The case received unanimous approval from SPAARC • All neighbors have written in support of the project Chair. Rodgers noted that there is no rear yard and asked why the applicant wished to construct a 3-car garage to replace a 2.5-car garage. Mr. Henderson explained that the garage needs to be wider to allow for car doors and expanded for a tandem third car. Ms. Berns asked why the applicant wished to move the garage to the east. In response, Mr. Henderson said the garage needs to be 3.5’ longer to fit the third luxury vehicle. Chair Rodgers wondered if the change to a third car was the minimum change necessary. Ms. Wineberg suggested that since the property is large and historic property there is a unique situation. Chair Rodgers asked if there was driveway space available for temporary parking for a third space. The answer was there is no space on the property and the garage could not be moved south because of a large elm tree. Page 1 of 6 Zoning Board of Appeals 512 of 605 DRAFT NOT APPROVED • The restaurant will include 10 seats for dine-in customers Page 2 of 6 Zoning Board of Appeals The Zoning Board then entered into deliberations: Ms. Wineberg suggested this was not an unreasonable request given the unique historic nature of the property and the location of the existing house. Mr. Gallimore agreed. Ms. Berns offered that she was not sure the application reflected the minimum change necessary but understood why the desire for space for a third car. Chair Rodgers reiterated that there is no additional parking on the site. The Standards were addressed: 1) Yes 2) Yes 3) Yes 4) Yes 5) Yes 6) Yes 7) Yes Ms. Berns motioned to approve the proposal with the condition that the resulting construction substantially comply with the documents and testimony on record. Mr. Gallimore seconded. The motion passed 4-0. 337 Howard Street ZBA 13ZMJV-0111 Kelly Roberts, lessee, applies for a special use permit for a Type 2 Restaurant, Harold’s Chicken Shack, at 337 Howard Street. 337 Howard Street is located in the B3 Business District, which requires a special use permit for Type 2 Restaurants to operate (Zoning Code Section 6- 9-4-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read to case into the record. Ms. Roberts, lessee, explained the proposal: • Harold’s Chicken Shack is a franchise with approximately 60 locations in the Chicago area • The previous use of this property was as a phone store. Prior to that, a restaurant occupied the space • She was not aware a Special Use Permit was needed • She was unaware that her General Contractor had begun work prior to obtaining permits and has corrected this activity • Most of the interior improvements needed are already existing or newly constructed • 90% of the business will be takeout • There will be 6 employees working per shift • There is no on-site parking; however, public transportation is very close and off-street parking is available at the CTA and the Dominick’s parking lot • A dumpster is in the alley • The restaurant will receive deliveries 3X per week through the alley • She plans to adhere to the Litter Collection Plan • The restaurant will be open 11AM – 10PM except Sundays. On Sundays the restaurant will close at 8 PM. Chair Rodgers suggested that the maximum hours of operation be set from 10AM – 10PM as a condition of operation. The applicant noted that currently the grease vents out the back door but this may be changed to an indoor trap with a hood that goes to the roof. She also noted that she 513 of 605 DRAFT NOT APPROVED Page 3 of 6 Zoning Board of Appeals intends to improve the dilapidated windows but does not intend to paint the exterior of the building. Audience member Harry Major, a building owner who has previously rented to a Harold’s Chicken Shack franchisee in South Holland spoke in favor of the proposal. Ms. Roberts noted that she trained that franchisee. The Zoning Board then entered into deliberations: Ms. Wineberg suggested that a new business on Howard Street would be beneficial for the area. Ms. Berns and Mr. Gallimore agreed. Chair Rodgers added his hopes that the use increases property values. The Standards were addressed: 1) Yes 2) Yes 3) Yes 4) Yes 5) Yes 6) Yes 7) Yes 8) Yes 9) Yes Mr. Berns motioned to approve the request with three conditions: 1. Applicant must abide by Litter Collection Plan and Litter Pick-Up Plan 2. Hours to be between 10:00 AM and 10:00 PM 3. Project must be in substantial compliance with the documents and testimony on record Ms. Wineberg seconded the motion. The motion carried by a vote of 4-0. 815 Noyes Street ZBA 13ZMJV-0118 DMK Ventures-Noyes Street LLC, lessee, applies for a special use permit for a Type 2 Restaurant, DMK Burger & Fish, at 815 Noyes Street. 815 Noyes Street is located in the B1 Business District, which requires a special use permit for Type 2 Restaurants 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 to case into the record. David Morton, applicant, presented the proposal: • Mr. Morton owns DMS Restaurants. DMK Restaurants operates 6 restaurants in Chicagoland. All are full service with the exception of a location inside Soldiers’ Field • The restaurant at 815 Noyes will include seating for 25 patrons • 6 employees will work per shift • The restaurant will be open 10AM – 10PM daily • Some parking is available in the rear alley, by the CTA station • Deliveries via the alley are expected 2X-3X per week • He is able to adhere to the Litter Collection Plan • Garbage pickup will occur 2X-3X per week via the alley • Other than changing the awning, no changes will be made to the exterior 514 of 605 DRAFT NOT APPROVED Page 4 of 6 Zoning Board of Appeals Harry Major, property owner, made one suggestion and one correction to the previous testimony: • Request for expanded hours to 12AM or 2AM because of the restaurant’s proximity to Northwestern University and because no residences are immediately nearby. • Deliveries will be made from Noyes Court, it is not an alley The Zoning Board entered into deliberations: Mr. Gallimore noted support for the proposal. Ms. Berns added that it will be great and add traffic to the area. Ms. Wineberg agreed. In response to a question about the hours, Ms. Klotz noted that Ice & A Slice, located nearby, was approved to remain open until 12:00 AM with deliveries until 1:00 AM on weekends. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Ms. Berns made a motion to approve the proposal with four conditions: 1. Applicant must abide by Litter Collection Plan and Litter Pick-Up Plan 2. Hours to be between 10:00 AM and 12:00 AM 3. Employees must park in the rear of the property 4. Project must be in substantial compliance with the documents and testimony on record The motion was seconded by Ms. Wineberg and approved by a vote of 4-0. 1300 Oak Avenue ZBA 13ZMJV-0119 Yosef Meystel, property owner, and Fred Frankel, attorney, apply for a special use permit for a Retirement Home, Evanston Nursing Home, and major zoning relief for a one-story addition at 1300 Oak Avenue. 1300 Oak Avenue is located in the R5 General Residential District, which requires a special use permit for the expansion of a legally-nonconforming use (Zoning Code Section 6-8-7-3). The applicants request 69.5% building lot coverage where a maximum 45% is allowed (Zoning Code Section 6-8-7-6), 85% impervious surface coverage where a maximum 60% is allowed (Zoning Code Section 6-8-7-9-A), and a front yard setback of 8’ where 27’ is required (Zoning Code Section 6-8-7-7-A-1). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read to case into the record. Jon Lindstrom, architect, presented the proposal: • The property receives a life-safety citation each year because the porch is made of wood. The owners want to reconstruct the porch using new masonry and stone on the existing foundation. • A new, more inviting entrance is needed. It needs to be closer to the property line to allow space for the new vestibule entrance. • The porch will become an expanded dining area. • The existing ramp along the south side of the building will continue to be used 515 of 605 DRAFT NOT APPROVED Page 5 of 6 Zoning Board of Appeals Yosef Meystel added to the testimony: • The Evanston Nursing Home is a skilled nursing facility. • Handicap accessibility will continue to be located off of Dempster. Ms. Wineberg noted the new vestibule entrance may need to be bigger in order to be compliant with code. Mr. Lindstrom added that new landscaping is planned as there is little landscaping currently. Steve Sussholtz added to the testimony: • The existing porch is heated and has A/C and is one-story. • The existing entrance is odd and you have to go downstairs to get to the receptionist. • Materials will match the current façade. Chair Rodgers noted the plans indicated a 3% increase to the building lot coverage and impervious surface coverage. Ms. Berns asked if there was a way to mitigate the increase to impervious surface coverage. Mr. Sussholtz noted that the front walk is very small already. Chair Rodgers added that increased landscaping will mitigate the addition to impervious surface coverage. The Zoning Board entered into deliberations: Ms. Berns noted that she would agree with the rebuilding of the enclosed porch because it is currently fully enclosed. She also saw a need for the vestibule entrance. She would like to see permeable pavers wherever possible. Ms. Wineberg agreed. Chair Rodgers added that matching materials and new landscaping will improve the property. The Standards for a Special Use Permit were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes The Standards for a Variance were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes Chair Rodgers asked the applicants to make a good faith effort to reduce impermeability wherever possible. 1. Ms. Berns motioned to approve the Special Use Permit and the Building Lot Coverage, Impervious Surface Coverage and 8’ front yard setback variances on the condition that 516 of 605 DRAFT NOT APPROVED Page 6 of 6 Zoning Board of Appeals the project must be in substantial compliance with the documents and testimony on record. The motion was seconded by Ms. Wineberg and approved by a vote of 4-0. The meeting was adjourned at 8:50 PM. Respectfully Submitted, Melissa Klotz Zoning Division, Community Development Department 517 of 605 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 Case Number: 13ZMJV-0118 Address or Location: 815 Noyes Street Applicant: David Morton, DMK Burger Bar and Fish Bar Proposed Special Use: Type 2 Restaurant After conducting a public hearing on December 17, 2013, the Zoning Board of Appeals makes the following findings of fact, reflected in the audio-visual recording of the hearing, 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 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 4-0 518 of 605 (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. The restaurant must abide by Litter Collection and Pick-Up Plan 2. Hours to be between 10:00 AM and 12:00 MIDNIGHT 3. Employees must park in the rear of the property 4. Project must be in substantial compliance with 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__ ____ ___X___ Clara Wineberg __X__ ____ _______ Scott Gingold _____ ____ _______ Beth McLennan _____ ____ ___X___ Matt Rodgers __X__ ____ _______ Violetta Cullen _____ ____ ___X___ Andrew Gallimore __X__ ____ 519 of 605 Memorandum To: Members of the Zoning Board of Appeals From: Mark Muenzer, Community Development Director Melissa Klotz, Interim Zoning Administrator Jennifer Hackman, Zoning Division Subject: 815 Noyes Street – ZBA 13ZMJV-0118, ZBA Recommending Body, City Council Determining Body Date: December 12, 2013 Notice- Published in the November 28, 2013 Evanston Review: DMK Ventures-Noyes Street LLC, lessee, applies for a special use permit for a Type 2 Restaurant, DMK Burger & Fish, at 815 Noyes Street. 815 Noyes Street is located in the B1 Business District, which requires a special use permit for Type 2 Restaurants 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. Recommendation City staff and SPAARC recommend the Zoning Board of Appeals provides a favorable recommendation to City Council for approval of the special use for a Type 2 Restaurant. The applicant has complied with all zoning requirements, and meets all of the standards of a special use for this district. Site Background 815 Noyes Street sits mid-block between Noyes Court and Sherman Avenue within a B1 Business District and is surrounded by the following: North: R5 Multi-Family Homes East: B1 Business District South: R5 Multi-Family Homes West: B1 Business District Tallmadge Park is to the west of the property, as is the Noyes CTA L station, located at 901 Noyes Street. The last two uses at the location include Fraiche Café and Kim’s Kitchen. Both were classified as Specialty Food Stores; however Fraiche Café operated 520 of 605 a sidewalk café and functioned similarly to a Type 2 Restaurant. The site has alley access on its west side. Proposal DMK Burger and Fish is a proposed restaurant by DMK Group, which owns and operates several high quality restaurants in the Chicago area, including two DMK Burger Bars, one of which operates within Soldier Field. The proposed restaurant at 815 Noyes Street would primarily offer burgers and fish sandwiches popular at the group’s other locations. The restaurant will offer seating for up to 30 patrons and plans to open as a Type 1 Restaurant but is seeking Special Use approval for a Type 2 Restaurant because the owner wishes to allow patrons to order food to go. There will be no food delivery service. DMK Burger and Fish will offer exceptional service and very high quality food in a fast casual space. Some of the operational details are yet to be determined; however the concept is somewhat similar to a Panera where orders are taken at the counter and food is consumed on site. The owner wishes to afford customers the opportunity to carry food out and has indicated that 2% of business will be carryout; however staff believes the actual percentage will be larger. The restaurant proposes to be open 6 days a week, Tuesday through Sunday from 10 AM to 10 PM. No more than 6 employees will be present at any given time. There are a few parking spaces behind the building that the owner expects will be used by management. The owner is aware of the litter collection requirement and has indicated that he has a strong track record of being a good neighbor at other restaurant locations. The alley will provide access to both deliveries to the restaurant and garbage pickup. This use should not cause any type of negative effect on the surrounding properties. DMK Burger and Fish will reactivate a building in the B1 Business District with a distinctive, quality restaurant. Although the interior is currently conducive to use as a restaurant, the owner is investing $250,000 in improvements. Staff is not aware of objections from any neighboring properties. Ordinances Identified for Requested Relief: 6-9-2: B1 Business District 6-9-2-3: SPECIAL USES: The following uses may be allowed in the B1a business district, subject to the provisions set forth in section 6-3-5, “Special Uses”, of this title: Type 2 Restaurant (among others listed) Comprehensive Plan The Evanston Comprehensive General Plan encourages new development along existing commercial corridors that can add to the property tax base, sales tax revenue, and convenience for neighborhoods. The Comprehensive Plan specifically includes: 521 of 605 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. Objective: Recognize and support the strong role neighborhood business districts play in Evanston’s economy and its identity. Site Plan and Appearance Review Committee (SPAARC) Discussion and Recommendation: Mr. Morton, owner, presented the restaurant plans including parking, employees, accessibility, the type of offering, signage and an anticipated 25 year commitment to Evanston. Committee members notified Mr. Morton of a litter collection requirement. Recommendation: Unanimous approval. Special Use Standards: For the ZBA to recommend that City Council grant a special use, the ZBA must find that the proposed special use: a) is one of the listed special uses for the zoning district in which the property lies; b) complies with the purposes and policies of the Comprehensive General Plan and the Zoning Ordinance; c) does not cause a negative cumulative effect in combination with existing special uses or as a category of land use; d) does not interfere with or diminish the value of property in the neighborhood; e) is adequately served by public facilities and services; f) does not cause undue traffic congestion; g) preserves significant historical and architectural resources; h) preserves significant natural and environmental resources; and i) complies with all other applicable regulations. Attachments Special Use Application – Submitted November 8, 2013 Standards Form Zoning Analysis Business Statement Plat of Survey – June 13, 1997 Floor Plans Image of Property Zoning Map SPAARC Meeting Minutes (excerpt) – November 20, 2013 522 of 605 523 of 605 524 of 605 525 of 605 526 of 605 527 of 605 528 of 605 6-3-5-1: PURPOSE (of Special Uses) Special uses are those uses that, because of their potential adverse impact upon the immediate neighborhood and the City, as a whole, require a greater degree of scrutiny and review of site characteristics and impacts to determine their suitability in a given location. As such, the determination of special uses as appropriate shall be contingent upon their meeting a set of specific standards and the weighing, in each case, of the public need and benefit against the local impact, giving effect to the proposals of the applicant for ameliorating adverse impacts through special site planning and development techniques and contributions to the provisions of public improvements, sites, right of way and services. 6-3-5-10 Standards for Special Use 1. The requested special use is on of the SU's listed in the Zon. Ordin. Must list the ZO Section. 2. The requested special use is in keeping with the purposes and policies of the Comprehensive Gen. Plan & the zoning ordinance. RE: the CGP the applicant should be able to state the requested SU is not counter to its goals, objectives & policies. 3. The special use 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. 4. The requested special use does not interfere with or diminish the value of property in the neighborhood. 5. The requested special use can be adequately served by public facilities and services. 6. The requested special use does not cause undue traffic congestion. 529 of 605 7. The requested special use preserves significant historical and architectural resources. 8. The requested special use preserves significant natural and environmental features. 9. The requested special use 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. 530 of 605 531 of 605 532 of 605 533 of 605 534 of 605 535 of 605 536 of 605 537 of 605 538 of 605 539 of 605 540 of 605 Address 816 Noyes Street Address is approximate © 2013 Google Page 1 of 1816 Noyes Street - Google Maps 11/18/2013https://maps.google.com/maps?oe=&ie=UTF8&sll=42.058539,-87.682534&cbp=13,1.89,... 541 of 605 Zoning Map 815 Noyes DISCLAIMER: This map and data are provided as-in without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information Scale 1:1,320 Made with Evanston's GIS Printed: Nov 18, 2013 3:24:19 PM542 of 605 SPAARC Meeting Minutes – November 21, 2013 Page 1 of 4 SITE PLAN AND APPEARANCE REVIEW COMMITTEE (SPAARC) MINUTES November 20, 2013 Members Present: J. Cory, I. Eckersberg, W. Hallen, M. Klotz, M. Muenzer, J. Murphy, J. Nelson, C. Ruiz Staff Present: E. Golden, B. Newman Others Present: Ald. Fiske Presiding Member: W. Hallen A quorum being present, Chair Hallen called the meeting to order at 2:33 p.m. New Business: 1) 1722 Judson Avenue Recommendation to ZBA Application for a special use permit for a Bed & Breakfast (B&B) Establishment in the R1 Single Family Residential District APPLICATION PRESENTED BY: Linda Jelinek Property/business owner GENERAL DISCUSSION: Ms. Jelinek presented plans for the B&B. The following issues were discussed: • Ms. Jelinek proposes to open a B&B in the home where she raised her children and has lived for 38 years; 2 youngest children will be leaving home soon and she does not want to live in the house alone • Wants to share the historic home with visitors as well as residents • Built in 1929 as a single family home, a sorority bought it in 1960 and sold it to her in 1975 • Interior and exterior of house has never been remodeled and Ms. Jelinek does not plan on remodeling • 38 girls lived in the house with a house mother and a caretaker couple when it was a sorority house • There are sufficient rooms to have 5 guest bedrooms with a separate bath for each, from which she has carefully removed the added on closets • Mr. Muenzer asked whether there were other rooms that could be used as bedrooms, to which Ms. Jelinek replied there is a sewing room, a music room and a maid’s room; there are 2 rooms on the top floor that had been used as maids’ quarters • Ms. Jelinek also described a meeting room (used as such by the sorority and a ballroom, that extends the length of the front of the house, 3 dining rooms including a huge main dining room, a large commercial kitchen with original subway tiles and stove in perfect condition, and a large sun porch • Ms. Jelinek said she has studied the requirements for a B&B and the maximum number of bedrooms is 5; if more it is classified as an inn, per state of Illinois law • Chair Hallen noted that the disabled accessibility code does not apply to 5 bedrooms or less according to the state • Parking: there are 4 indoor garage spaces under the coach house and parking spaces at the rear of the house, at the property line; there is a circular driveway at the coach house entrance and parking spaces adjacent to the drive APPROVED 543 of 605 SPAARC Meeting Minutes – November 21, 2013 Page 4 of 4 Mr. Murphy moved to recommend approval of the major variances seconded by Mr. Ruiz. The Committee voted unanimously 8-0 to recommend approval of the major variances to the ZBA. 3) 815 Noyes Street Recommendation to ZBA Request for a special use permit for a Type 2 Restaurant, DMK Burger Bar & Fish Bar, in the B1 Business District APPLICATION PRESENTED BY: David Morton Business owner GENERAL DISCUSSION: Mr. Morton explained his plan for the restaurant. The following issues were discussed: • Mr. Morton: o Lives in Evanston o Owns 6 restaurants in Chicago including 2 DMK Burger Bars, one in Soldier Field o Proposes to have 2 more in 2015 o Proposes to reinvent casual dining with better chefs and an intimate space o Has been approved for a Type 1 restaurant but may need Type 2 permit o Removed the exterior awning to highlight the architecture (landlord asked them to replace it) o Proposes no exterior signage, but there is a prominent neon sign within o Proposes to light interior from inside the walls o Proposes hours: 6 days, closed Mondays 10-11 am to 10 pm the latest o Expects no street deliveries, but there is alley access; no trucks will be stopped in front o Makes more cash donations of his profits than 99% of other restaurants; company has zero debt o Is committed to staying in Evanston long term i.e. 25 years, with low lease terms o Said restaurant to be accessible; door is level with sidewalk o Proposes no liquor to be sold • Parking: non-specific in rear for tenants; expects only management to park there • Less than 6 employees will be present at any given time • Chair Hallen advised Mr. Morton that there would be a litter collection requirement within a radius of the property; Mr. Morton said he has a track record of being a good neighbor Mr. Muenzer moved to recommend approval of the special use, seconded by Mr. Ruiz. The Committee voted unanimously 8-0 to recommend approval of the special use to the ZBA. Other Business: APPROVAL OF MINUTES FROM NOVEMBER 6, 2013 Mr. Muenzer moved to approve the minutes, seconded by Mr. Murphy. The Committee voted unanimously 8-0 to approve the November 6, 2013 minutes. The meeting adjourned at 4:00 p.m. Respectfully submitted, Bobbie Newman 544 of 605 For City Council meeting of January 27, 2014 Item P5 Ordinance 14-O-14 Special Use for a Retirement Home and Major Zoning Relief for a One-Story Addition at 1300 Oak Avenue For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Melissa Klotz, Interim Zoning Administrator, Planning and Zoning Division Subject: Ordinance 14-O-14, Granting a Special Use for a Retirement Home and Major Zoning Relief for a One-Story Addition at 1300 Oak Avenue Date: December 19, 2013 Recommended Action The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 14- O-14 granting a special use permit for a Retirement Home, Evanston Nursing Home, at 1300 Oak Avenue, and major zoning relief for a one-story addition. The applicant requests an 8’ front yard setback where 27’ is required, 69.5% building lot coverage where a maximum 45% is allowed, and 85% impervious surface coverage where a maximum 60% is allowed. The requested special use permit will bring a legally- nonconforming use into compliance and allow for the proposed expanded floor area. 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. This ordinance was introduced at the January 13, 2014 City Council meeting. Summary 1300 Oak Avenue is located on the northwest corner of Oak Avenue and Dempster Street in the R5 General Residential District, and is surrounded by a myriad of single family homes, two-flats, and apartments. The property is not located within a historic district, but is surrounded to the north, west, and south by the Ridge Historic District. The property has featured a nursing home for more than 45 years. Due to its longstanding history, Evanston Nursing Home is a legally-nonconforming use within the R5 District. Evanston Nursing Home is a licensed skilled care facility with 57 residents and approximately 20 staff members per shift. The facility is staffed 24 hours a day. Because the proposal increases the square footage of the building, it increases the use, which means a new special use permit must be obtained to eliminate the legal- nonconforming status of the facility. The applicant does not intend to add any beds or Memorandum 545 of 605 increase the capacity of the nursing home. The intensity and impact on surrounding properties should not change due to this proposal. The main entrance to the facility is off of Oak Avenue, and features a split-level entrance with stairs immediately inside that either lead up to the main floor or down to the basement. The entrance does not have a reception area and is not conducive to the facility. The structure features a one-story three-season porch that wraps around Oak and Dempster that is in disrepair, does not meet the proper life-safety flammability requirements, and does not match the architectural style of the rest of the building. The applicant proposes to rebuild the existing porch and convert it into fully usable space, and add a new vestibule entrance that is more functional to the use. The proposed vestibule entrance is 16’ x 18’ with two doorways, a small reception area, and a stairwell that leads to the basement. The vestibule is located in the northeast corner of the property, just north of the existing main entrance. The applicant requests an 8’ front yard setback from the front of the vestibule to the property line that fronts Dempster Street. The existing front yard setback is legally-nonconforming at 18.3’ where 27’ is required. Many of the nearby properties feature homes with legally- nonconforming front yard setbacks where structures are located extremely close to the front property line. The applicant plans to remove the enclosed porch and rebuild the area as interior space that will be used to enlarge the dining area. The porch footprint will remain the same and be built on the existing foundation. The new construction will meet the proper life-safety flammability requirements for the use, will match the rest of the building’s architectural style and building materials, and provide more functionality for the facility. The property currently features a legally-nonconforming building lot coverage of 66.5% where a maximum 45% is allowed. The vestibule entrance, which is approximately 288 square feet, increases the building lot coverage by three percent to the requested 69.5%. This also increases the legally-nonconforming impervious surface coverage from 82% where a maximum 60% is allowed to 85%. The minimum increase in impervious surface coverage should not create drainage issues. If the facility were located in a business or commercial zoning district, impervious surface coverage would not be calculated and such variance would not be required. Neighborhood Benefit The proposed addition should not cause a negative effect on the surrounding area. The facility has operated at 1300 Oak Avenue for over 45 years and is an asset to the community. The porch reconstruction will improve the look of the building and the vestibule will improve the functionality of the main entrance for visitors. The capacity of the facility will not change, so there is no increase of intensity on the surrounding neighborhood. City staff is not aware of any objections from neighboring property owners. Comprehensive Plan The Evanston Comprehensive General Plan encourages redevelopment efforts of existing structures that preserve neighborhood character and are esthetically pleasing. The Comprehensive General Plan specifically includes: 546 of 605 Objective: Retain and attract businesses in order to strengthen Evanston’s economic base. Objective: Preserve neighborhood character while supporting redevelopment efforts that add to neighborhood desirability. Evanston Nursing Home is a longtime Evanston business that would like to make moderate changes to its facility that will have a positive visual impact on the surrounding residential neighborhood. Legislative History December 17, 2013: The ZBA recommended unanimous approval of the special use permit and major zoning relief to the City Council with the following conditions: 1. The project must be in substantial compliance of the documents and testimony on record. Attachments Proposed Ordinance 14-O-14 December 17, 2013 ZBA Draft Meeting Minutes ZBA Findings Staff memo to the ZBA ZBA Application Packet – December 17, 2013 547 of 605 12/26/2013 14-O-14 AN ORDINANCE Granting a Special Use Permit for a Retirement Home Located at 1300 Oak Avenue in the R5 General Residential District (“Evanston Nursing Home”) WHEREAS, Yosef Meystel (the “Applicant”), owner of the property commonly known as 1300 Oak Avenue (the “Subject Property”), located within the R5 General Residential Zoning District and legally described in Exhibit A, attached hereto and incorporated herein by reference, submitted an application seeking a Special Use Permit to establish, pursuant to Subsection 6-8-7-3 of the Evanston City Code, 2012, as amended (the “Zoning Ordinance”), a Retirement Home on the Subject Property, along with Major Variations to land use requirements imposed by Subsections 6-8-7-7-A-1, 6- 8-7-6, and 6-8-7-9-A of the Zoning Ordinance; and WHEREAS, on December 17, 2013, the Zoning Board of Appeals (“ZBA”), pursuant to proper notice, held a public hearing in case no. 13ZMJV-0119 to consider the application, receive testimony, and made written records and findings that the application did meet the standards for Special Uses in Section 6-3-5 and Major Variations in Section 6- 3-8-12-(E) of the Zoning Ordinance and recommended City Council approval thereof; and WHEREAS, at its meeting of January 13, 2014, the Planning and Development Committee of the City Council (“P&D Committee”) considered the ZBA’s record and findings and recommended the City Council accept the ZBA’s recommendation and approve the application in case no. 12ZMJV-0119; and 548 of 605 14-O-14 ~2~ WHEREAS, at its meetings of January 13, 2014 and January 27, 2014, the City Council considered and adopted the respective records, findings, and recommendations of the ZBA and P&D Committee, 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 Retirement Home and Major Variations on the Subject Property as applied for in case no. 13ZMJV-0119 and described hereinabove. SECTION 3: The Major Variations approved hereby are as follows: (A) To permit a front yard setback of 8’ where 27’ is required on the Subject Property. Subsection 6-8-7-7-A-1 of the Zoning Ordinance requires a 27’ setback. (B) To permit 69.5% building lot coverage where a maximum 45% is allowed on the Subject Property. Subsection 6-8-7-6 of the Zoning Ordinance prohibits building lot coverage in excess of 45%. (C) To permit an 85% impervious surface coverage where a maximum 60% is allowed on the Subject Property. Subsection 6-8-7-9-A of the Zoning Ordinance prohibits impervious surface coverage in excess of 60%. SECTION 4: 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. 549 of 605 14-O-14 ~3~ B. 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 5: 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 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 7: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 8: 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 9: 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 550 of 605 14-O-14 ~4~ Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 551 of 605 14-O-14 ~5~ EXHIBIT A Legal Description LOT 1 IN BLOCK 43 IN CATHERINE M. WHITE’S RESUBDIVISION OF BLOCK 43 IN THE VILLAGE OF EVANSTON IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS PIN: 11-18-326-011-0000 Commonly Known As : 1300 Oak Avenue, Evanston, Illinois 60201 552 of 605 DRAFT NOT APPROVED Page 1 of 6 Zoning Board of Appeals MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, December 17, 2013 7:00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Matt Rodgers, Mary Beth Berns, Clara Wineberg, Andrew Gallimore Members Absent: Beth McLennan, Violetta Cullen, Scott Gingold, Staff Present: Melissa Klotz, Mark Muenzer, Michelle Masoncup, Mario Treto Chair: Matt Rodgers Declaration of Quorum With a quorum present, Chair Rodgers called the meeting to order at 7:05 pm. Approval of Minutes The minutes from the November 19, 2013 Zoning Board of Appeals meeting were motioned for approval by Ms. Berns and seconded by Ms. Wineberg. The motion was approved 3-0 with one abstention. New Business 115 Dempster Street ZBA 13ZMJV-0112 John Henderson, property owner, applies for major zoning relief to construct an attached 3-car one-story garage. The applicant requests a west side yard setback of .5’ where 5’ is required (Zoning Code Section 6-8-2-8-A-3), and a rear yard setback of .5’ where 30’ is required (Zoning Code Section 6-8-2-8-A-4). The Zoning Board of Appeals is the determining body for this case. Ms. Klotz read to case into the record. Chris Meekus, property owners, architect, presented the case: • Existing house and garage are legally non-conforming • The case received unanimous approval from the Preservation Commission • There is no other viable location for the garage • The case received unanimous approval from SPAARC • All neighbors have written in support of the project Chair. Rodgers noted that there is no rear yard and asked why the applicant wished to construct a 3-car garage to replace a 2.5-car garage. Mr. Henderson explained that the garage needs to be wider to allow for car doors and expanded for a tandem third car. Ms. Berns asked why the applicant wished to move the garage to the east. In response, Mr. Henderson said the garage needs to be 3.5’ longer to fit the third luxury vehicle. Chair Rodgers wondered if the change to a third car was the minimum change necessary. Ms. Wineberg suggested that since the property is large and historic property there is a unique situation. Chair Rodgers asked if there was driveway space available for temporary parking for a third space. The answer was there is no space on the property and the garage could not be moved south because of a large elm tree. 553 of 605 DRAFT NOT APPROVED Page 2 of 6 Zoning Board of Appeals The Zoning Board then entered into deliberations: Ms. Wineberg suggested this was not an unreasonable request given the unique historic nature of the property and the location of the existing house. Mr. Gallimore agreed. Ms. Berns offered that she was not sure the application reflected the minimum change necessary but understood why the desire for space for a third car. Chair Rodgers reiterated that there is no additional parking on the site. The Standards were addressed: 1) Yes 2) Yes 3) Yes 4) Yes 5) Yes 6) Yes 7) Yes Ms. Berns motioned to approve the proposal with the condition that the resulting construction substantially comply with the documents and testimony on record. Mr. Gallimore seconded. The motion passed 4-0. 337 Howard Street ZBA 13ZMJV-0111 Kelly Roberts, lessee, applies for a special use permit for a Type 2 Restaurant, Harold’s Chicken Shack, at 337 Howard Street. 337 Howard Street is located in the B3 Business District, which requires a special use permit for Type 2 Restaurants to operate (Zoning Code Section 6- 9-4-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read to case into the record. Ms. Roberts, lessee, explained the proposal: • Harold’s Chicken Shack is a franchise with approximately 60 locations in the Chicago area • The previous use of this property was as a phone store. Prior to that, a restaurant occupied the space • She was not aware a Special Use Permit was needed • She was unaware that her General Contractor had begun work prior to obtaining permits and has corrected this activity • Most of the interior improvements needed are already existing or newly constructed • The restaurant will include 10 seats for dine-in customers • 90% of the business will be takeout • There will be 6 employees working per shift • There is no on-site parking; however, public transportation is very close and off-street parking is available at the CTA and the Dominick’s parking lot • A dumpster is in the alley • The restaurant will receive deliveries 3X per week through the alley • She plans to adhere to the Litter Collection Plan • The restaurant will be open 11AM – 10PM except Sundays. On Sundays the restaurant will close at 8 PM. Chair Rodgers suggested that the maximum hours of operation be set from 10AM – 10PM as a condition of operation. The applicant noted that currently the grease vents out the back door but this may be changed to an indoor trap with a hood that goes to the roof. She also noted that she 554 of 605 DRAFT NOT APPROVED Page 3 of 6 Zoning Board of Appeals intends to improve the dilapidated windows but does not intend to paint the exterior of the building. Audience member Harry Major, a building owner who has previously rented to a Harold’s Chicken Shack franchisee in South Holland spoke in favor of the proposal. Ms. Roberts noted that she trained that franchisee. The Zoning Board then entered into deliberations: Ms. Wineberg suggested that a new business on Howard Street would be beneficial for the area. Ms. Berns and Mr. Gallimore agreed. Chair Rodgers added his hopes that the use increases property values. The Standards were addressed: 1) Yes 2) Yes 3) Yes 4) Yes 5) Yes 6) Yes 7) Yes 8) Yes 9) Yes Mr. Berns motioned to approve the request with three conditions: 1. Applicant must abide by Litter Collection Plan and Litter Pick-Up Plan 2. Hours to be between 10:00 AM and 10:00 PM 3. Project must be in substantial compliance with the documents and testimony on record Ms. Wineberg seconded the motion. The motion carried by a vote of 4-0. 815 Noyes Street ZBA 13ZMJV-0118 DMK Ventures-Noyes Street LLC, lessee, applies for a special use permit for a Type 2 Restaurant, DMK Burger & Fish, at 815 Noyes Street. 815 Noyes Street is located in the B1 Business District, which requires a special use permit for Type 2 Restaurants 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 to case into the record. David Morton, applicant, presented the proposal: • Mr. Morton owns DMS Restaurants. DMK Restaurants operates 6 restaurants in Chicagoland. All are full service with the exception of a location inside Soldiers’ Field • The restaurant at 815 Noyes will include seating for 25 patrons • 6 employees will work per shift • The restaurant will be open 10AM – 10PM daily • Some parking is available in the rear alley, by the CTA station • Deliveries via the alley are expected 2X-3X per week • He is able to adhere to the Litter Collection Plan • Garbage pickup will occur 2X-3X per week via the alley • Other than changing the awning, no changes will be made to the exterior 555 of 605 DRAFT NOT APPROVED Page 4 of 6 Zoning Board of Appeals Harry Major, property owner, made one suggestion and one correction to the previous testimony: • Request for expanded hours to 12AM or 2AM because of the restaurant’s proximity to Northwestern University and because no residences are immediately nearby. • Deliveries will be made from Noyes Court, it is not an alley The Zoning Board entered into deliberations: Mr. Gallimore noted support for the proposal. Ms. Berns added that it will be great and add traffic to the area. Ms. Wineberg agreed. In response to a question about the hours, Ms. Klotz noted that Ice & A Slice, located nearby, was approved to remain open until 12:00AM with deliveries until 1:00 AM on weekends. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Ms. Berns made a motion to approve the proposal with four conditions: 1. Applicant must abide by Litter Collection Plan and Litter Pick-Up Plan 2. Hours to be between 10:00 AM and 12:00 AM 3. Employees must park in the rear of the property 4. Project must be in substantial compliance with the documents and testimony on record The motion was seconded by Ms. Wineberg and approved by a vote of 4-0. 1300 Oak Avenue ZBA 13ZMJV-0119 Yosef Meystel, property owner, and Fred Frankel, attorney, apply for a special use permit for a Retirement Home, Evanston Nursing Home, and major zoning relief for a one-story addition at 1300 Oak Avenue. 1300 Oak Avenue is located in the R5 General Residential District, which requires a special use permit for the expansion of a legally-nonconforming use (Zoning Code Section 6-8-7-3). The applicants request 69.5% building lot coverage where a maximum 45% is allowed (Zoning Code Section 6-8-7-6), 85% impervious surface coverage where a maximum 60% is allowed (Zoning Code Section 6-8-7-9-A), and a front yard setback of 8’ where 27’ is required (Zoning Code Section 6-8-7-7-A-1). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read to case into the record. Jon Lindstrom, architect, presented the proposal: • The property receives a life-safety citation each year because the porch is made of wood. The owners want to reconstruct the porch using new masonry and stone on the existing foundation. • A new, more inviting entrance is needed. It needs to be closer to the property line to allow space for the new vestibule entrance. • The porch will become an expanded dining area. • The existing ramp along the south side of the building will continue to be used 556 of 605 DRAFT NOT APPROVED Page 5 of 6 Zoning Board of Appeals Yosef Meystel added to the testimony: • The Evanston Nursing Home is a skilled nursing facility. • Handicap accessibility will continue to be located off of Dempster. Ms. Wineberg noted the new vestibule entrance may need to be bigger in order to be compliant with code. Mr. Lindstrom added that new landscaping is planned as there is little landscaping currently. Steve Sussholtz added to the testimony: • The existing porch is heated and has A/C and is one-story. • The existing entrance is odd and you have to go downstairs to get to the receptionist. • Materials will match the current façade. Chair Rodgers noted the plans indicated a 3% increase to the building lot coverage and impervious surface coverage. Ms. Berns asked if there was a way to mitigate the increase to impervious surface coverage. Mr. Sussholtz noted that the front walk is very small already. Chair Rodgers added that increased landscaping will mitigate the addition to impervious surface coverage. The Zoning Board entered into deliberations: Ms. Berns noted that she would agree with the rebuilding of the enclosed porch because it is currently fully enclosed. She also saw a need for the vestibule entrance. She would like to see permeable pavers wherever possible. Ms. Wineberg agreed. Chair Rodgers added that matching materials and new landscaping will improve the property. The Standards for a Special Use Permit were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes The Standards for a Variance were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes Chair Rodgers asked the applicants to make a good faith effort to reduce impermeability wherever possible. 1. Ms. Berns motioned to approve the Special Use Permit and the Building Lot Coverage, Impervious Surface Coverage and 8’ front yard setback variances on the condition that 557 of 605 DRAFT NOT APPROVED Page 6 of 6 Zoning Board of Appeals the project must be in substantial compliance with the documents and testimony on record. The motion was seconded by Ms. Wineberg and approved by a vote of 4-0. The meeting was adjourned at 8:50 PM. Respectfully Submitted, Melissa Klotz Zoning Division, Community Development Department 558 of 605 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 December 17, 2013, the Zoning Board of Appeals makes the following findings of fact, reflected in the audio-visual recording of the hearing, based upon the standards for special uses specified in Section 6-3-5-10 of the Zoning Ordinance: Standard Finding (A) It is one of the special uses specifically listed in the zoning ordinance; ___X__Met _____Not Met Vote 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: 13ZMJV-0119 Address or Location: 1300 Oak Avenue Applicant: Yosef Meystel & Fred Frankel Proposed Special Use: Retirement Home – Evanston Nursing Home 559 of 605 (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) The project must be within substantial compliance with 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__ ____ ___X___ Clara Wineberg __X__ ____ _______ Scott Gingold _____ ____ _______ Beth McLennan _____ ____ ___X___ Matt Rodgers __X__ ____ _______ Violetta Cullen _____ ____ ___X___ Andrew Gallimore __X__ ____ 560 of 605 FF II NN DD II NN GG SS FOR STANDARDS OF VV AA RR II AA TT II OO NN SS In the case of after conducting public hearings on December 17, 2013, the Zoning Board of Appeals makes the following findings of fact, based upon the standards for major variances specified in Section 6-3-8-12 of the City Code: Standard Finding (A) The requested variation will not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties; ___X___Met _____Not Met 4-0 (B) The requested variation is in keeping with the intent of the zoning ordinance; ___X___Met _____Not Met 4-0 (C) The alleged hardship or practical difficulty is peculiar to the property; ___X___Met _____Not Met 4-0 (D) The property owner would suffer a particular hardship or practical difficulty as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out; ___X___Met _____Not Met 4-0 (E) The purpose of the variation is not based exclusively upon a desire to extract additional income from the property; __X___Met _____Not Met 4-0 Case Number: 13ZMJV-0119 Address or Location: 1300 Oak Avenue Applicant: Yosef Meystel & Fred Frankel Proposed Zoning Relief: Front yard setback of 8’ where 27’ is required, building lot coverage of 69.5% where a maximum 45% is allowed, impervious surface coverage of 85% where a maximum 60% is allowed for a one-story addition 561 of 605 (F) The alleged difficulty or hardship has not been created by any person having an interest in the property; __X___Met _____Not Met 4-0 (G) The requested variation is limited to the minimum change necessary to alleviate the particular hardship or practical difficulty which affects the property; __X___Met _____Not Met 4-0 and, based upon these findings, and upon a vote of __4__ in favor & __0__ against recommends to the City Council __X__ approval _____ denial __________________________________________ Date: _____________ Matt Rodgers Zoning Board of Appeals Chairman Attending: Vote: Aye No _____ Violetta Cullen ____ ____ __X__ Mary Beth Berns _X__ ____ _____ Beth McLennan ____ ____ __X__ Matt Rodgers _X__ ____ __X__ Andrew Gallimore _X__ ____ _____ Scott Gingold ____ ____ __X__ Clara Wineberg _X__ ____ 562 of 605 563 of 605 564 of 605 565 of 605 566 of 605 567 of 605 568 of 605 569 of 605 570 of 605 571 of 605 572 of 605 573 of 605 574 of 605 575 of 605 576 of 605 577 of 605 578 of 605 579 of 605 580 of 605 581 of 605 582 of 605 583 of 605 584 of 605 585 of 605 586 of 605 587 of 605 588 of 605 589 of 605 590 of 605 591 of 605 592 of 605 593 of 605 594 of 605 1300 OAK AVE., EVANSTON, ILLINOISEVANSTON NURSINGTHERAPY EXPANSIONJ:\13033_EVANSTON_THERAPY...2013 SAS ARCHITECTS AND PLANNERSLANDSCAPE PLAN1595 of 605 596 of 605 597 of 605 598 of 605 599 of 605 600 of 605 601 of 605 For City Council meeting of January 27, 2014 Item PD1 Disclosure of Landmarks and Properties within Historic Districts For Discussion To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Carlos Ruiz, Preservation Coordinator Garry Shumaker, Chair, Preservation Commission Subject: Disclosure of Landmarks and Properties within Historic Districts Date: January 16, 2014 Recommended Action: City staff recommends adopting the following actions in order to achieve more efficient transparency in regard to the disclosure of landmarks and properties within historic districts. Immediate Action (2014): 1. On City website provide links relevant to disclosure of landmark status, historic district properties and financial incentives 2. Verify landmark status prior to issuing real estate transfer tax stamp Intermediate Action (2014-2016): 3. Continue to update existing and generate new Statements of Significance of landmarks - Continue to apply for grants and work with City Council to allocate funds for such purposes. The Preservation Commission completed the re-survey of the Lakeshore Historic District in 2012 with a grant from the Illinois Historic Preservation Agency, which generated Statements of Significance for 773 primary structures, including 226 landmarks. The re-survey of the Ridge Historic District should be next 4. Provide part-time/intern staff support to the Preservation Coordinator for resurvey projects 5. Continue to implement educational programs such as an annual workshop and annual postcard reminders to historic district and landmark property owners - Work with IT/Community Engagement staff to improve the City website so that it will be more user-friendly to find information on landmarks status and historic district properties with other relevant information related to real estate transfers. These meetings have begun between Community Development and other City staff and templates will be provided to City Council in 2014 6. Engage City Council members on historic preservation issues Memorandum 602 of 605 7. Implement community awareness initiatives on landmarks and historic district properties - Engage Real Estate companies to disseminate this information to current and future property owners 8. Preservation Commissioners/staff should attend Ward meetings to talk about the importance of historic preservation Long Term Action – Optional (TBD): 1. Record with Cook County Recorder of Deeds 1,900 historic preservation properties (cost-prohibitive) 2. Staff is in discussion with the Illinois Historic Preservation Agency to procure grants for this purpose Legislative History: The Evanston City Council adopted the first Preservation Ordinance in 1975 creating the Preservation Commission. The Commission conducted surveys identifying buildings for landmark designation from 1978 to 1987. During that period the Commission periodically submitted lists of addresses of buildings to the City Council for landmark designation. None of these buildings after landmark designation were recorded with the Cook County Recorder of Deeds. Attachment Memo regarding recommendations from Preservation Commission Page 2 of 2 603 of 605 To: Mark Muenzer, Director of Community Development From: Carlos Ruiz, Preservation Coordinator Date: January 10, 2014 Summary of Meetings with Preservation Commission: The following recommendations were developed after two working sessions with the Preservation Commission Chair and Vice-Chair and one Commissioner. It is recommended to implement the immediate and intermediate actions, whereas the long term action should be an option. Immediate Action (2014): • Work with City Clerk’s office to have staff verify landmark property status prior to real estate transfer tax stamp being issued. Recognition that this may be late in sale process but property owner will be aware in reference to any future rehabilitation projects and conformance to the Preservation Ordinance • Leverage online/social media opportunities - Preservation Commission will have links to relevant information on landmarks status of buildings and historic district properties and on financial incentives such as the Property Tax Assessment Freeze program. Intermediate Action (2014-2016): • Continue to update existing and generate new Statements of Significance of landmarks that have no such documentation or have outdated supporting documentation: - Continue to apply for grants and work with City Council to allocate funds for such purposes - Provide part-time/intern staff support to the Preservation Coordinator for the continuation of the ongoing resurvey projects - Apply for grants to re-survey the Ridge Historic District and subsequent districts • Continue to implement systemic educational programs such as an annual workshop and annual postcard reminders to historic district and landmark property owners of the requirements and benefits, tax credits or otherwise, of living in a historic property - Conduct presentations about landmarks and historic districts to Real Estate agencies • Actively engage City Council members on historic preservation mission/ordinance: - Economic benefits of historic preservation and connection to City revenue/economic development - Preservation Commission Ordinance Review with City Council - Explain the Commission’s decisions more effectively Memorandum 604 of 605 - The Preservation Commission is a resource to City Council members • Implement community awareness initiatives on landmarks and historic district properties - Involve landmark owners of residential, commercial and institutional buildings - The Preservation League of Evanston has distributed pamphlets with historic preservation information. Continue this initiative with all remaining historic districts and stand-alone landmarks. • Publish annually during preservation month a historic preservation newsletter (electronic citywide and as a postcard for owners of landmarks and/or historic district structures) • Preservation Commissioners/staff should attend Ward meetings to talk about the importance of historic preservation and specific projects – Typically prior to public hearings - Engage and work with Economic Development staff to identify opportunities of common interest, such as: main street initiatives, preservation booth at conferences Long Term Action (TBD): • Recording of all 1,900 historic preservation properties is cost-prohibitive and the staff is not in place to undertake the process. The online and yearly mailing improvements should address the situation. The most recent appeal decision is an isolated instance given it’s the only appeal of this type which has come before the City Council - The cost of recording a historic preservation property is $40 per page, which includes the PIN and legal description, with a maximum of ten properties per page - Staff is currently engaged in discussions with the Illinois Historic Preservation Agency to determine if the cost of recording landmarks and historic district properties would be eligible for grant funding Page 2 of 2 605 of 605